BUTLER
COUNTY BOARD OF COMMISSIONERS
Monday, June 21, 2004
Commission Chairman Will Carpenter called the Butler County Board of Commissioners to order at 9:00 AM. Present were Commissioner Phil Anderson, Commissioner Randy Doll, Commissioner Bill Shriver, Commissioner Mike Wheeler, Administrator Will Johnson Jr., and Clerk Recorder Brenda Brychta. .
Administrator Johnson requested the Board recess to Executive Session.
Commissioner Wheeler motioned to adjourn the Board to Executive Session at 9:02 a.m., for 20 minutes, to discuss personnel matters of non-elected personnel. Those in attendance are Commissioners Anderson, Doll, Carpenter, Shriver and Wheeler, Administrator Johnson, Sheriff Craig Murphy and Jail Director, Ben Crooks.
RECONVENE
Commissioner Carpenter reconvened the meeting of the Board at 9:22 a.m.
Sheriff Murphy came before the Board to announce the resignation of Jail Director, Ben Crooks, as he has accepted a position with another company and will be leaving effective August 6, 2004. Sheriff Murphy asks that he be allowed to start a search for his replacement.
Commissioner Shriver motioned to authorize a nationwide search for a new Detention Director to replace Captain Ben Crooks,. who has served beyond expectations for our county. Commissioner Anderson seconded the motion. Motion carried 5-0.
Sheriff Murphy stated: “I am very proud of what Captain Crooks has done with the detention facility and his knowledge and abilities and I do hate to lose him, but neither can I block a man from furthering his career when he still has a road to go within his professional life. He feels this is the best for him and his family and I do support him 100%.”
ITEM
#1 – CONSIDER APPROVING A FINAL CHANGE ORDER FOR THE CONSTRUCTION OF LATERAL
SEWERS IN NORTHRIDGE ADDITION.
Darryl Lutz, Director of Public Works, came before the Board for approval
of Change Order No. 2 for Project SD 19-A 04 with Alan’s Excavating and
authorize the Chair to sign. This will be a net increase to the contract price,
in the amount of $12,897.10, making the final contract price $199,439.38. This change order is due to the increased quantity of rock
encountered and an increase in amount of seeding required.
Commissioner Doll motioned to approve the Change Order No. 2 for Project
SD 19-A 04, with Alan’s Excavating, for a net increase of the contract price of
$12,897.10 making the final contract price $199,439.38 and authorize the Chair
to sign. Commissioner Shriver seconded
the motion. Motion carried 5-0.
ITEM
#2 – CONSIDER APPROVING A FINAL CHANGE ORDER FOR THE CONSTRUCTION OF AREA 1B AT
THE LANDFILL.
Darryl Lutz, Director of Public Works, came before the Board for approval
of Change Order No. 2 for Project No. LF-Area 1B-03, with J.J. Westhoff
Construction Co., and authorize the Chair to sign. This will be a net contract
price increase of $8,215 and a final contract price of $1,206,481. This change
order is due to additional minor work required or requested outside the
original contract and scope of work.
Commissioner Anderson motioned to approve Change Order No. 2 for Project
No. LF-Area 1B-03 with J.J. Westhoff Construction Co., for a net contract price
increase of $8,215 and a final contract price of $1,206,481 and authorize the
Chair to sign. Commissioner Wheeler
seconded the motion. Motion carried
5-0.
ITEM
#3 – CONSIDER APPROVING AN AGREEMENT FOR ENGINEERING SERVICES FOR DESIGN WORK
FOR A PROPOSED BRIDGE DECK REHABILITATION PROJECT ON THE MAY BRANCH BRIDGE ON
NW 150TH ST.
Darryl Lutz, Director of Public Works, came before the Board for approval
of an agreement for engineering services for design work for a proposed bridge
deck rehabilitation project on the May Branch Bridge on NW 150th
Street. This proposal is from Schwab Eaton of Manhattan, Ks in the amount of
$8,000. Mr. Lutz consulted with County
Counsel Norm Manley and Mr. Manley asked to have Item 10 of Article 3 stricken
from the contract.
Commissioner Doll motioned to approve the agreement for engineering
services with Schwab Eaton, Manhattan, Ks in the amount of $8,000 for design
work, plans and specifications for the proposed bridge deck rehabilitation
project on May Branch bridge on NW 150th St. and allow the Chair to
sign. Commissioner Wheeler seconded the motion. Motion carried 5-0.
ITEM
#4 – CONSIDER APPROVING VALUE FINDING APPRAISALS AND ROAD RIGHT-OF-WAY
DEDICATIONS FOR SEVERAL TRACTS RELATED TO THE SW 170TH ST
IMPROVEMENT PROJECT AT ROSE HILL.
Darryl Lutz, Director of Public Works, came before the Board for approval
to purchase 8 tracts of right-of-way for the SW 170th St. project in
Rose Hill. These purchase offers are
based upon $6,000 per acre for undeveloped land and $10,000 for developed and
platted land. (Project No. 8C-3847-01)
Commissioner Doll motioned to approve the purchase of 8 tracts of
right-of-way for the SW 157th St. Project No.8C-3847-01, between
County Line Road and Rose Hill Road as follows:
1.
Ruthine M.
Murphy for .22 acres in the amount of $1,320.00
2.
Sam and Lois
Boxberger for .12 acres in the amount of $720.00.
3.
Max and Vera
Clem for .01 acres in the amount of $60.00
4.
Church of God
Foundation for .08 acres in the amount of $800.00
5.
David and Susan
Foley for .05 acres in the amount of $300.00.
6.
Margaret
Brinkley for .11 acres in the amount of $660.00
7.
Allen and
Lynett Woolley for .06 acres in the amount of $600.00.
8.
William Wright
of .04 acres in the amount of $.00-given as a donation.
Commissioner Wheeler seconded
the motion. Motion carried 5-0.
ITEM #5 – CONSIDER APPROVING
UTILITY AGREEMENTS WITH SEVERAL UTILITY COMPANIES AFFECTED BY THE PROPOSED SW
170TH ST IMPROVEMENT PROJECT AT ROSE HILL.
Darryl Lutz, Director of Public Works, came before the Board for approval of utility agreements related to the proposed SW 170th St. project at Rose Hill. There are six (6) utility owners affected by this project. The utility owner will be responsible for all costs of relocation of structures on public road right-of-way and the County will be responsible for costs of relocation of structures located outside of public road right-of-way. (Project No. 8C-3857-01)
Commissioner Shriver motioned to approve utility agreements for Project Number 8C-3857-01 for each of the six utility companies affected by the reconstruction of 1 mile of SW 170th St. between Rose Hill Road and the County Line as follows:
1. Between Westar Energy and Butler County.
2. Between Sedgwick County Rural Water District Number 3 and Butler County.
3. Between Butler Rural Electric Cooperative Association, Inc. and Butler County.
4. Between SBC, Inc. and Butler County.
5. Between City of Rose Hill, Kansas and Butler County.
6. Between Kansas Gas Service, Inc. and Butler County.
and authorize the Chair to sign each agreement. Commissioner Anderson seconded the motion. Motion carried 5-0.
ITEM #6 – CONSIDER APPROVING THE
ESTIMATED COST FOR RELOCATION OF BUTLER REC POLES AND LINES LOCATED OUTSIDE OF
PUBLIC ROAD RIGHT-OF-WAY RELATED TO THE PROPOSED SW 170TH ST.
IMPROVEMENT PROJECT AT ROSE HILL.
Darryl Lutz, Director of Public Works, came before the Board for approval of utility relocation costs for a portion of Butler REC’s lines related to the proposed SW 170th St. project at Rose Hill. Some poles and lines located off of existing road right-of-way need to be relocated for the construction of the SW 170th St. project. The estimated amount of Butler County’s portion of the cost is $17,131.68.
Commissioner Shriver asked Mr. Lutz to return, tomorrow, June 22, 2004 with a cost estimate sheet from REC.
Commissioner Anderson motioned to approve paying the cost to relocate a portion of Butler REC’s poles and lines located off of public road right-of-way related to the reconstruction of 1 mile of SW 170th St. between Rose Hill Rd. and the County Line at an estimated cost of $17,131.68. Commissioner Wheeler seconded the motion. Motion carried 5-0.
ITEM #7 – CONSIDER APPROVING AND
EXECUTING CONTRACTS FOR TWO BRIDGE DECK REHABILITATION PROJECTS LOCATED ON THE
W. BRANCH OF THE WALNUT RIVER BRIDGE ON NW 110TH ST. AND ON THE COLE
CREEK BRIDGE ON NE 85TH ST.
Darryl Lutz, Director of Public
Works, came before the Board for approval of contracts for bridge deck
rehabilitation work on the West Branch Walnut River Bridge on NW 110th
St. and on the Cole Creek Bridge on NE 85th St. north of El Dorado
Lake. The County Engineer’s office
prepared the contracts. A.O. Steuber
Construction Co., Topeka, KS submitted the lowest bids for both bridge deck
rehabilitation projects. The bids for
these two projects are $55,283.65 for Project No. BR 10N4-24-5-04 the West
Branch Walnut River bridge deck rehabilitation project and $69,398.41 for
Project No. BR 21C2-24-6-04 the Cole Creek bridge deck rehabilitation project.
Commissioner Wheeler motioned to approve the contracts, with A.O. Steuber Construction Co, Topeka, KS. for Project No. BR 10N4-24-5-04, the West Branch Walnut River bridge deck rehabilitation project, in the amount of $55,283.65 and Project No. BR 21C2-24-6-04, the Cole Creek bridge deck rehabilitation project, in the amount of $69,398.41 and authorize the Chair to sign. Commissioner Doll seconded the motion. Motion carried 5-0.
ITEM #8 – CONSIDER OPTIONS
PROPOSED BY THE BOB BERGKAMP CONSTRUCTION CO QUARRY FOR REPAIRING AND IMPROVING
PORTIONS OF SW BOYER RD AFFECTED BY QUARRY OPERATION.
Darryl Lutz, Director of Public Works, came before the Board for consideration of options proposed by the Bob Bergkamp Construction Company Quarry for repairing and improving portions of SW Boyer Rd affected by Quarry Operation, as judged necessary by the County Engineer.
It was the consensus of the Board to delay a decision on this item pending a letter of understanding, prepared by Mr. Lutz, listing the County proposals and then submit this letter to Bob Bergkamp Construction Company.
Commissioner Shriver asked Mr. Lutz about how rain was affecting the culverts and that there are culverts flooding east of Augusta. Mr. Lutz stated he has a list of problems.
Commissioner Shriver asked about the house and farmland by the landfill. Mr. Lutz stated that the sale has been finalized and the house will be rented and farmland will be placed for bid per acre.
Commissioner Carpenter stated that there is a problem with water over Kelly Road north of Towanda. Mr. Lutz stated he was aware of this problem.
Commissioner Wheeler asked if the road resurfacing between Cassoday and Rosalia would be completed this year? Mr. Lutz stated that they are still testing and is still pushing for completion this year.
Commissioner Anderson asked if there was a date set to reopen Highway 77? Mr. Lutz stated that no date had been set. Striping and sealing were all that was left to be done and that would depend on the weather.
RECESS
Commissioner recessed the meeting of the Board at 10:20 a.m. for 10 minutes.
RECONVENE
Commissioner Carpenter reconvened the meeting of the Board at 10:30 am.
Commissioner Anderson motioned to approve the Minutes of the Butler County Commission Meetings of Monday, June 14, 2004 as amended and Tuesday, June 15, 2004 as written. Commissioner Doll seconded the motion. Motion carried 4-0. Commissioner Wheeler abstained as he was absent for these meeting.
Commissioner Carpenter motioned to approve the vouchers for June 21, 2004 in the amount of $278,755.26. Commissioner Shriver seconded the motion. Motion carried 5-0.
OTHER ITEMS OF BUSINESS TO COME
BEFORE THE BOARD
Commissioner Doll stated that the plaques for the Jail & Judicial building are supposed to be delivered June 22, 2004 or June 23, 2004.
Commissioner Doll asked about the CDDO Financial Audit. Johnson stated that he was going to send Ms. Tharp a letter with the concerns.
Commissioner Doll asked about the vacant positions for Financial Officer and Planning & Zoning. Mr. Johnson stated that there had not been qualifying applications for the Financial Officer but did receive three good applications for Planning & Zoning.
Commissioner Anderson asked about the mil levy dollar value. Mr. Johnson stated there was a 5.7% increase.
Commissioner Anderson reminded the Board of the Wholesale Water District meeting with the City of El Dorado on Wednesday, June 23, 2004 at 6:30 p.m. at the El Dorado Country Club.
Commissioner Anderson stated he had gone by the EMS Kids Camp and that it seemed well attended.
Commissioner Shriver stated that he expected a letter from Schneider Grain on Tuesday, June 22, 2004, regarding a lease of land.
Commissioner Carpenter asked Mr. Johnson to add Cooperative Purchasing to the 2004 Long and Short Term Goals.
Commissioner Carpenter stated that he had received a letter from the Augusta Junior Fire Fighters regarding their lack of “turn out” gear and if the County could help in this matter. Administrator Johnson stated the many of the Fire Districts were short on “turn out” gear, also. It was suggested that Jim Schmidt, Emergency Management Director, follow-up on this problem.
Administrator Johnson reminded the Board of the luncheon with the El Dorado Chamber of Commerce tomorrow, June 22, 2004. Commissioners Wheeler and Carpenter will attend.
Frank Miller came before the Board for clarification regarding comments he has received that county employees are not being allowed to contribute to and campaign for any particular candidate. Mr. Johnson stated that the policy has been that no employee may campaign for a candidate on company time or company property, but is not prohibited from supporting a candidate on their own time.
ADJOURN
Commissioner Carpenter motioned to adjourn the meeting of the Board on June 21, 2004 at 11:00 am. Commissioner Shriver seconded the motion. Motion carried 5-0.