BUTLER COUNTY BOARD OF COMMISSIONERS

Monday, April 12, 2004

Commission Chairman Will Carpenter called the Butler County Board of Commissioners to order at 10:00 AM. (Late start due to REAP meeting.) Present were Commissioner Phil Anderson, Commissioner Randy Doll, Commissioner Bill Shriver, Commissioner Mike Wheeler, Administrator Will Johnson Jr., and Clerk Toni Owen.

ITEMS OF BUSINESS

ITEM #1 – PRESENTATION OF SPOTLIGHT AWARD TO THOMAS RENSHAW, DETENTION OFFICER.

Commissioner Anderson presented the Spotlight Award to Thomas Renshaw, Detention Officer. The Spotlight Award and $20.00 gift certificate, to a local business, were given, in recognition, for the implementation of several of Thomas’ suggestions, in his department. Mr.Renshaw gave his thanks and appreciation for the award.

ITEM #2 –CONSIDER APPROVAL TO IMPLEMENT RANDOM DRUG SCREENING ON EMPLOYEES OF THE DETENTION FACILITY AS SAFETY SENSITIVE POSITIONS.

Ben Crooks, Butler County Detention Facility Director, came before the Board for approval to implement Drug Screening on Employees. The cost of this program will be at the rate of $3.50 per participant and $189 per month/$2,268 annually. County Counsel, Norm Manley, has reviewed the contract and approved. This will be a random Drug Screening.

Commissioner Shriver motioned to approve the implementation of the Butler County Random Drug Screening Program. Commissioner Anderson seconded the motion. Motioned carried 5-0.

Ben Crooks came before the Board with the jail count of 215 total inmates, with 161 of these billable.

MOVED ITEM #4 FROM BOCC MEETING ON TUESDAY APRIL 13, 2004.

Darryl Lutz, came before the Board to receive and open sealed bids for Culvert Letting No. 59. Bids were received from LMK Concrete, Lindsborg, KS, Turnkey Inc, Andover, KS, and Klaver Construction, Kingman, KS.

Consensus was to have Darryl Lutz compile the bids and come before the Board on Tuesday April 13, 2004.

ITEM #3-RECEIVE UPDATE ON APRIL 6, 2004 PLANNING MEETING.

Todd Kennemer, Director of Planning & Zoning, came before the Board to give an update on the April 6, 2004 Planning Meeting.

Case #RZ-04-04-Change of Zoning from MH=Manfactured Home to C- Commercial at

2861&2873 SE Hwy 54. The Planning Committee approved 6-0.

Case #RZ-04-05-Change of Zoning from AG-40 to C-Commercial, at 539 McCandless,

Andover, KS. The Planning Committee approved 6-0.

Case #RZ-04-06-Change of Zoning from AG-40 to C-Commercial, at Hwy 254 & Ohio

St. Rd. The Planning Committee approved 4-3.

Case #RZ-04-04-Lot Split request from Mr. Norman Knowles, owner, 1341 SW Adams

St. The Planning Committed approved 6-0.

Case #RZ-04-02-Lot Split request from Ms. Ruth Watkins, owner, 8 miles South of El Dorado. The Planning Committee approved 6-0.

ITEM#4-CONSIDER DEDICATION OF RIGHT-OF-WAY FROM JOHN AND MARTH WALKER.

Darryl Lutz, County Engineer, came before the Board, for approval of a dedicated easement for right-of-way by John & Martha Walker.

Commissioner Wheeler motioned to approve the dedication of Easement for Right-of-Way by John & Martha Walker and allow the Chair to sign. Commissioner Doll seconded the motion. Motion carried 5-0.

RECESS

Commissioner Carpenter called a 5-minute recess at 11:00a.m.

RECONVENE

Commissioner Carpenter reconvened the meeting of the Board at 11:05a.m.

ITEM#5-CONSIDER AN AGREEMENT FOR FINANCIAL ADVISORY SERVICES RELATED TO THE PROPOSED PAVING IMPROVEMENTS IN PAUL’S VALLEY 2^ND ADDITION.

Darryl Lutz, P.E. Director of Public Works, came before the Board for approval of the Financial Advisory Services related to the Proposed Paving Improvements in Paul’s Valley 2^nd Addition. Paul’s Valley 2^nd Addition is a fully developed residential subdivision located on the south side of SW 150^th just east of County Line Rd.

Commissioner Anderson motioned to approve an agreement with Gold Capital Management, Wichita, KS in the amount of $6,000 for financial advisory services related to the proposed paving of Paul’s Valley 2^nd Addition, with the cost being paid by the benefit district and allow the Chair to sign. Commissioner Shriver seconded the motion. Motion carried 5-0.

ITEM#6-CONSIDER ADOPTING A RESOLUTION UPDATING COUNTY BRIDGE WEIGHT LIMITS.

Darryl Lutz, P.E. Director of Public Works, came before the Board for approval of Adopting a Resolution Updating County Bridge weight limits. This resolution establishes weight limits on designated county bridges and removes bridges that have been replaced or no longer require weight limit posting.

Commissioner Shriver motioned to approve the {Resolution No.04-22}. establishing weight limits for certain Bridges in Butler County and allow the Chair to sign. Commissioner Anderson seconded the motion. Motion carried 5-0.

ITEM#7-CONSIDER REPLACING A 4-WHEEL DRIVE ALL-TERRAIN WORK VEHICLE FOR THE LANDFILL.

Darryl Lutz, P.E. Director of Public Works, came before the Board for approval of a replacement 4-Wheel Drive All-Terrain Work Vehicle for the Landfill. This will replace the Polaris ATV, stolen the weekend of March 28, 2004. The price of the vehicle is $8,462 from Wichita Tractor Co. The insurance will cover the orginial vehicle purchase price less a $250 deductible.

Commissioner Shriver motioned to approve the purchase of a Polaris Workmobile ATV 4X4 from Wichita Tractor Co., Wichita, KS, to replace a stolen ATV, of the same model, in the amount of $8,462 with the County’s net cost to be approximately $1,024. Commissioner Doll seconded the motion. Motion carried 5-0.

ITEM#8-RECEIVE A PETITION AND CONSIDER SETTING A VIEWING DATE FOR VACATING A PORTION OF NW INDIANOLA RD. IN MILTON TOWNSHIP.

Darryl Lutz, P.E., Director of Public Works, came before the Board to receive a petition and consider setting a viewing date for vacating a portion of NW Indianola Rd in Milton Township. This road is North of K-196 HWY and approximately 1900 feet long beginning at NW 90^th St. going South. The road is located along an impassible creek and no longer maintained by the Township.

Commissioner Carpenter motioned to approve the petition to vacate a portion of NW Indianola in Milton Township and appoint Commissioners Carpenter, Wheeler, and Doll to act as viewers and to set a date of Monday, May 11, 2004 at 8:00a.m. to view said road. Commissioner Anderson seconded the motion. Motion carried 5-0.

APPROVAL OF MINUTES

Commissioner Doll motioned to approve the minutes of Monday, April 5, 2004, as written and Tuesday 6, 2004, as amended. Commissioner Wheeler seconded the motion. Motion carried 5-0.

APPROVAL OF VOUCHERS

Commissioner Carpenter motioned to approve vouchers of April 12, 2004 in the amount of $404,318.54. Commissioner Wheeler seconded the motion. Motion carried 5-0.

OTHER ITEMS OF BUSINESS

Commissioner Shriver, requested Kathy Briney, County Appraiser, to clarify the tax status of the American Legion, in Augusta. The American Legion needed help filling out the appropriate forms for tax-exemption and had questions on their tax statements. Kathy is in contact with their office.

Kathy Briney came before the Board with the 2004 Market Value of the Schneider Grain & Feed. Administrator Johnson will evaluate the review and return with assessment.

Commissioner Carpenter motioned to approve the appointment of Mary Stevens, to the Department of Aging, in Augusta. Commissioner Anderson seconded the motion. Motion carried 5-0.

Commissioner Shriver shared with the Board, a list of Leon Council Members.

Commissioner Shriver received a study from the Dept. of Corp. of Engineers. This is a levy study on the Refinery Site. Administrator Johnson will review and give the Board the results.

Administrator Johnson informed the Board that the Farm Bureau Meeting, on April 20, 2004, will be at the Farm Bureau office, 341 N Main in El Dorado, instead of Mascios in Augusta.

Administrator Johnson reminded the Commissioners of the need to assess Fire District # 7-Towanda’s Mutual Aid Agreement, for fire service, at the Tuesday meeting April 13, 2004.

ADJOURN

Commissioner Carpenter motioned to adjourn the meeting of the Board at 12:25p.m. Commissioner Shriver seconded the motion. Motion carried 5-0.