BUTLER COUNTY BOARD OF COMMISSIONERS

BUTLER COUNTY BOARD OF COMMISSIONERS

Tuesday, April 20, 2004

Commissioner Chairman Will Carpenter called the Butler County Board of Commissioners to order at 9:00a.m. Present were Commissioner Phil Anderson, Commissioner Randy Doll, Commissioner Bill Shriver, Commissioner Mike Wheeler, Administrator Will Johnson Jr., and Recorder Clerk Toni Owen.

ITEMS OF BUSINESS

ITEM #1 –RECEIVE MARK DICK WITH AGH TO PRESENT ANNUAL AUDIT REPORT.

Mark Dick, Auditor with Allen, Gibbs & Houlik LC, came before the Board to discuss the Annual Audit Report. Mark stated that the accounting records are accurately stated and a minimum of errors were found and there are adequate internal controls in place.

Mark Dick commented that the County Accounting function is good and has been improving every year. Areas to continue refining are recording bank and investment accounts, debt service related to special assessments, encumbrance recording, monitoring federal grants, and improving controls over technology functions. Mark stated these are suggestions to assist the County in continuing our long-term improvements in the operation of the County.

Commissioners received the Annual Audit Report, as presented by Allen, Gibbs, & Houlik, LC.

ITEM #2 –CONSIDER ISLAND ANNEXATION REQUEST FROM THE CITY OF LEON.

Administrator Johnson came before the Board to discuss the Island Annexation request from the City of Leon. Discussion was limited, due to the Mayor of Leon absence.

Commissioner Doll motioned that the Island Annexation request from the City of Leon be tabled at this time, to give the City of Leon more time to prepare. Commissioner Wheeler seconded the motion. Motion carried 5-0.

CONCERNED CITIZEN

Debbie Marshall voiced her concerns and was in opposition of the Island Annexation from Leon. She stated that there were many residences using City of Leon utilities that are not on the tax rolls. She felt the city should annex adjacent properties already using their services before considering this Island Annexation. Commissioner Shriver stated that if these residences owned 20 acres or more, they might not be annexed.

ITEM #3 –CONSIDER BUY OUT OF MATCHING FUNDS WITH THE AUGUSTA SENIOR CENTER FOR TRANSPORTATION VANS.

Connie Rausch, Director of Department on Aging, came before the Board for approval of a buy out of matching funds paid by the Augusta Senior Center for Transportation Vans. The cost would be $12,500 to match the investment in the 2000 Ford 20 Passenger Van and a Ford 13 Passenger Van, providing funds are available.

It was the consensus not to buy out the Augusta Senior Centers interest at this time. When the vans are sold (KDOT’s 100,000 mile guideline) the Augusta Senior Center will get the revenue from the sale. Connie Rausch is composing a letter to the Augusta Senior Center, stating these guidelines. Connie will bring back a drafted letter at a later date.

RECESS

Commissioner Carpenter motioned to recess the Board at 10:55a.m.

RECONVENED

Commissioner Carpenter reconvened the meeting of the Board at 11:00a.m.

ITEM #4 –RECEIVE AND REVIEW PREPARED LEASE DOCUMENT FOR THE LEASE OF RAILS TO TRAILS CORRIDOR PROPERTY TO ADJACENT LANDOWNERS ALONG THE RAIL ROAD RIGHT OF WAY FROM AUGUSTA TO LEON.

Larry Powell, Director of Economic Development, came before the Board to review the lease document for lease of Rails to Trails corridor property to adjacent landowners along the rail road right of way from Augusta to Leon. This property was obtained during an abandonment procedure by Kansas Eastern RR and transferred to Butler County as part of the National Rails to Trails program under the control of the Surface Transportation Board.

Larry stated that Norm Manley, County Counsel, had approved the lease. Discussion included the wording of the lease, with suggested changes, such as time (99 years) and cost of each lease (per landowner, not tract length or amount of acres). Larry is going to change the wording in #13(Termination) and remove some of the conditions.

Commissioners requested that Larry Powell come back with recommendations and corrections at a later date.

ITEM #5 –CONSIDER APPROVING RIGHT-OF –WAY PURCHASE VALUES FOR THE SW 170^TH PROJECT.

Darryl C. Lutz, P.E., Director of Public Works, came before the Board for approval of approving the right-of-way purchase values for the SW 170^th Project at Rose Hill. 16 tracts of land along SW 170^th St. will be involved in right-of-way acquisition and a total of approximately 3.5 acres of land will be acquired. Land value is determined by the County Appraiser’s Office unless any tract acquisitions are considered complicated and have a value of $10,000 or more, then they require an outside appraisal. Commissioners retired to Executive Session to discuss Land Values.

EXECUTIVE SESSION

Commissioner Wheeler motioned to adjourn to Executive Session, for 20 minutes, at 10:50 a.m, for preliminary discussions relating to the acquisition of Real Property.

Commissioner Anderson seconded the motion. Motion carried 5-0.Those present were Commissioners Anderson, Doll, Carpenter, Shriver, Wheeler and Administrator Johnson and Darryl Lutz, P.E., Director of Public Works.

RECONVENE

Commissioner Carpenter reconvened the meeting of the Board at 11:10.

ITEM #6 –CONSIDER AUTHORIZING THE CHAIR TO EXECUTE THE CLASS I AIR OPERATING PERMIT ANNUAL CERTIFICATION FOR THE LANDFILL.

Darryl C. Lutz, P.E., Director of Public Works, came before the Board for approval to execute the Class I Air Operating Permit Annual Certification for the Butler County Landfill and allow the Chair to sign.

Commissioner Shriver motioned to approve the Class I Air Operating Permit Annual Certification for the Butler County Landfill and allow the Chair to sign. Commissioner Wheeler seconded the motion. Motion carried 5-0.

ITEM #7 – CONSIDER CEOB AGREEMENT MODIFICATIONS FOR LOCAL AREA IV IN CONNECTION WITH WORKFORCE DEVELOPMENT.

The Board discussed approval of the modifications for local Area IV, in connection with the Workforce Development.

Commissioner Wheeler motioned for approval of the Chief Elected Officials Board Agreement (CEOB) Modifications for the local Regional Economic Area IV Partnership (REAP), in connection with Workforce Development and allow the Chair to sign. Commissioner Shriver seconded the motion. Motion carried 5-0.

ITEM#8-CONSIDER TABLED SALE OF EXISTING PETROLEUM BUILDING.

Administrator Johnson came before the Board for approval of {Resolution # 04-23}, authorizing the sale of the County owned Petroleum Building, located at 214 W. Central, El Dorado, KS.

Commissioner Doll motioned to approve {Resolution # 04-23} and to set the bid opening for the sale of the Petroleum Building at 10:00a.m. on June 22, 2004. Commissioner Carpenter seconded the motion. Motion carried 5-0.

ITEM#9-CONSIDER FILLING THE VACANT FINANCIAL OFFICER POSITION.

Administrator Johnson came before the Board to discuss filling of the vacant Financial Officer Position. The Commissioners discussed the job description and concerns were voiced about the need to have a qualified person that would have a good relationship with the Clerk’s Office and Administrator’s Office as well as the Commissioners.

Commissioner Shriver motioned to begin the search for a Financial Officer and to advertise for potential candidates. Commissioner Doll seconded the motion. Motion carried 5-0.

APPROVAL OF ADDS & ABATES

Commissioner Shriver motioned to approve the Adds & Abates #2184. The Adds are in the amount of $377.60. The Abates are in the amount of $1558.48. Commissioner Doll seconded the motion. Motion carried 5-0.

OTHER ITEMS OF BUSINESS

Administrator Johnson reminded the Board of the Economic Development meeting in Andover, Thursday 22, 2004.

Commissioner Anderson suggested changing Adds & Abates approval to Tuesday meetings.

Commissioner Carpenter reminded Administrator Johnson to send the letters requesting audits from 2003 and 2004, to Agencies that receive funds from the County. This was suggested for more adequate record keeping. Administrator Johnson stated that he would take care of it.

Administrator Johnson asked for a Commissioner to sit in on the Building and Grounds Director’s interview. Commissioner Shriver volunteered.

RECESS

Commissioner Anderson motioned to recess the meeting of the Board at 12:10p.m and to reconvene at 6:00p.m, at the Farm Bureau Building, 341 N Main, El Dorado, KS. April 20, 2004. Commissioner Shriver seconded the motion. Motion carried 5-0.

RECONVENE

Commissioner Carpenter reconvened the meeting of the Board at 6:00p.m, at the Farm Bureau Building. Those present were Commissioners Anderson, Carpenter, Shriver, Wheeler, Administrator Johnson, and Recorder Clerk Toni Owen. Commissioner Doll was absent.

Commissioners enjoyed a dinner with the members of the Farm Bureau Association. The Association discussed their yearly activities and shared information about the 4^th Grade Fair, which informs children of the different grains, animals, and environmental issues. Farm Bureau is an advocate for Agriculture, both County and State.

The members of the Farm Bureau inquired about Land Values, County Road Conditions, Water Districts, and Conditional Use Permits. The Commissioners discussed concerns and explained each inquiry.

ADJOURN

Commissioner Shriver motioned to adjourn the meeting of the Board at 7:40 PM. Commissioner Carpenter seconded the motion. Motion carried 4-0.