BUTLER
COUNTY BOARD OF COMMISSIONERS
Monday, February 2, 2004
Commission Chairman Will Carpenter called the Butler County Board of Commissioners to order at 9:00 a.m. Present were Commissioner Phil Anderson, Commissioner Bill Shriver, Commissioner Mike Wheeler, Administrator Will Johnson Jr., and Clerk Recorder Brenda Brychta. Commissioner Randy Doll was absent.
Commissioner Doll arrived at 9:03 a.m.
ITEM
#3 – RECEIVE DON BEAR TO DISCUSS UTILITY LINE PLACEMENT IN TOWNSHIPS.
Don Bear, of Spring Township, came before the Board to ask for support
from the Board regarding utility line placement in townships. Mr. Bear stated that utility lines are not
buried deep enough and have caused some damage to culverts.
Rick Clark, of Pleasant Township, came before the Board to express his
concerns about the width and height of township roads.
Commissioner Shriver recommended the Board review the situations and
consult with the County Engineer and County Counsel. Darryl Lutz, County Engineer stated that he would review these
situations.
ITEM
#1 – RECEIVE NORMAN MANLEY TO DISCUSS MATTERS CONCERNING PLANNING AND ZONING.
Adjourn
to Executive Session
Commissioner Carpenter motioned to adjourn to Executive Session for 15
minutes, at 9:15 a.m., to consult with an attorney for the body or agency,
which would be deemed privileged in the attorney-client relationship. Commissioner Shriver seconded the
motion. Motion carried 5-0. Those in attendance were Commissioners
Anderson, Carpenter, Doll, Shriver and Wheeler and Administrator Johnson,
County Counsel Norm Manley and Todd Kennemer Director of Planning & Zoning.
RECONVENE
Commissioner Carpenter reconvened the meeting of the Board at 9:30 a.m.
ITEM
#2 – CONSIDER CHANGE OF ZONING FROM AG-80 TO AG-40 (RZ 03-20) {RESOLUTION. NO.
04-09}
Todd Kennemer, Director of Planning & Zoning, came before the Board
for consideration of rezoning AG-80 to AG-40, allowing William Clark,
landowner, to split 120 acres into 3, 40-acre tracts all with proper
frontage. This case is being
re-presented in order to remove ambiguity caused by a tie vote on December 23,
2003.
Commissioner Shriver motioned to remand back to rezoning of AG-80 to
AG-40 (RZ 03-20) {Resolution 04-09} back to the Planning Commission. Commissioner Carpenter seconded the
motion. Motion carried 5-0.
Commissioner Carpenter asked that this change of zoning be presented to
the Planning Commission at their next meeting, which will be on March 2, 2004,
per Mr. Kennemer.
William Clark came before the Board, on advice of council, to present his
statement asking that the Resolution be issued because of the previous 2-2 vote
by the Board of Commissioners.
No action was taken on Mr. Clark’s request, because the motion to remand
back to the Planning & Zoning Commission had already passed the Board.
ITEM
#3 – SEE TOP OF PAGE No. 1 (MOVED TO PRECEDE ITEM #1)
ITEM
#4 – CONSIDER LETTER OF UNDERSTANDING WITH AUSTIN PETERS GROUP FOR PAY PLAN
ANALYSIS.
Administrator Johnson, came before the Board for approval of the Letter
of Understanding for a compensation study with Austin Peters Group for pay plan
analysis in the amount of $19,500.
Commissioner Doll motioned to approve the Letter of Understanding for a
compensation study with the Austin Peters Group, Inc. for an amount of $19,500
and allow the Chair to sign.
Commissioner Wheeler seconded the motion. Motion carried 5-0.
ITEM
#5 – CONSIDER AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO SOLICIT AN
ENGINEERING PROPOSAL FOR PAVEMENT DESIGN WORK FOR FLINTHILLS ROAD.
Darryl Lutz, Director of Public Works, came before the Board for
authorization to solicit an engineering proposal for materials testing and
pavement design work for Flinthills Road at a cost of approximately
$1,500,000. This cost is budgeted for
in the 2004 budget.
Commissioner Shriver motioned to authorize Mr. Lutz to solicit an
engineering proposal for material sampling and pavement design work for
Flinthills Road at a cost of approximately $1,500,000. Commissioner Wheeler seconded the
motion. Motion carried 5-0.
ITEM
#6 – CONSIDER APPROVING AN INCREASE IN ENGINEERING COST RELATED TO LANDFILL
AREA 1B.
Darryl Lutz, Director of Public Works, came before the Board for approval
of an increase in engineering costs related to Landfill Area 1B. Burns & McDonnell Engineering Company
conducted necessary work, to conform to KDHE requirements, that was outside the
planned scope of work for the project exceeding the upper limit of engineering
cost by $12,811.50. Original limit was
set at $127,410.00.
Commissioner Shriver motioned to approve an increase in engineering cost,
to Burns & McDonnell Engineering, related to Landfill Area 1B in the amount
of $12,811.50. Commissioner Anderson
seconded the motion. Motion carried
5-0.
ITEM
#7 – CONSIDER PROCEEDING WITH RIGHT-OF-WAY ACQUISITION FOR THE SW 170TH
STREET PROJECT AT ROSE HILL.
Darryl Lutz, Director of Public Works, came before the Board for approval
to proceed with the right-of-way acquisition of SW 170th St. at Rose
Hill. (Project No. 8 C-3857)
This is the reconstruction of 1 mile of SW 170th St between
Rose Hill Rd. and the County Line. Mr.
Lutz stated that the County Appraiser would determine market values on the
land.
Commissioner Anderson motioned to approve Mr. Lutz proceeding with the
right-of-way acquisition of one mile on SW 170th St at Rose Hill.
(Project No. 8 C-3857) Commissioner
Wheeler seconded the motion. Motion
carried 5-0.
Commissioner Wheeler asked that the landowners be asked if they would
like to donate the right-of-way on their property. Mr. Lutz agreed to include this suggestion in his letter to the
landowners.
AMEND
CONTRACT WITH PARSONS-BRINKERHOFF
Mr. Lutz came before the Board for approval to amend the
Parsons-Brinkerhoff contracts for the flood plan on SW 70th Street,
not to exceed $4,000.00.
Commissioner Shriver motioned to approve amending the Parsons-Brinkerhoff
contracts for the flood plan on SW 70th Street, not to exceed
$4,000.00. Commissioner Doll seconded the motion. Motion carried 5-0.
ITEM
#8 – WORK SESSION – ANDOVER HEALTH CLINIC
Carol Borger, Administrator of County Health Department, came before the
Board to discuss the closing of the Andover Health Clinic due to lack of
participation. Ms. Borger stated that
the Health Department would continue to go to the Senior Centers for flu shots
and schools for their required tetanus boosters and any other areas as needed.
It was the consensus of the Board to close the Andover Health Clinic.
RECESS
Commissioner Carpenter motioned to recess for 5 minutes at 10:18 a.m.
RECONVENE
Commissioner Carpenter reconvened the meeting of the Board at 10:23 a.m.
ITEM
#9 – PRESENTATION OF 2004 CITY/COUNTY VOLLEYBALL TROPHY TO COUNTY COMMISSION.
Sandy Zieman, a member of the winning county volleyball team, came before
the Board to present the 2004 City/County Volleyball Trophy to the County
Commission. Team members were Monty
Hughey, Will Johnson, Brandon Stewart, Jan Satterfield, Kelly McLaughlin,
Stephanie Winn, Helen Beach and Sandy Zieman.
PBC
MEETING - The meeting of the Public
Building Commission, scheduled for today, is postponed because Dan Rowe, of
Treanor Architects, and Dan Ferguson, of J. E. Dunn, were unable to attend due
to the inclement weather and icy roads.
Commissioner Wheeler motioned to approve the Minutes of the Butler County Commissioners of Monday, January 26, 2004 and Tuesday, January 27, 2004, as amended. Commissioner Shriver seconded the motion. Motion carried 5-0.
Commissioner Carpenter motioned to approve the vouchers, in the amount of $318,497.14 for February 2, 2004. Commissioner Doll seconded the motion. Motion carried 5-0.
ADDS & ABATES
Commissioner Wheeler motioned to approve the Adds and Abates #2173. The Adds are in the amount of $677.86. The Abates are in the amount of $9,396.42. Commissioner Anderson seconded the motion. Motion carried 5-0.
OTHER
ITEMS OF BUSINESS:
Commissioner Doll stated that he would not be in attendance at the Board meeting tomorrow, February 3, 2004, due the fact that the rest of the Commissioners would be leaving for a Legislative luncheon in Topeka at noon.
Commissioner Carpenter presented the Board with a request, from the El Dorado Historical Society, for a $300 donation to help sponsor the Smithsonian Institute traveling exposition of posters on the American Home Front 1941-1945, entitled “Produce for Victory”.
Commissioner Wheeler motioned to allow a $300 donation, to the El Dorado Historical Society, to sponsor the Smithsonian Institute traveling exposition of posters on the American Home Front 1941-1945, entitled “Produce for Victory”. Commissioner Doll seconded the motion. Motion carried 5-0.
Commissioner Shriver motioned to appoint Terry Brown to the Planning Board. Commissioner Anderson seconded the motion. Motion carried 5-0.
Administrator Johnson presented the Board with the contract with Micro-vote in the amount of $2,750.00, for service software in the County Election Department.
Commissioner Carpenter motioned to approve the contract with Micro-vote, in the amount of $2,750.00. Commissioner Shriver seconded the motion. Motion carried 5-0.
Administrator Johnson informed the Board that all offices in the main courthouse building would close at noon today, due to there not being any heat in the building. Only essential personnel will remain.
Commissioner Doll reminded the Board that he would be absent at the February 3, 2004 meeting.
ADJOURN
Commissioner Wheeler motioned to adjourn the Board of Commissioners meeting at 11:15 a.m. Commissioner Doll seconded the motion. Motion passed 5-0.