BUTLER COUNTY BOARD OF COMMISSIONERS

Tuesday, June 22, 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.

ITEMS OF BUSINESS:

ITEMS #1 – CONSIDER A REQUEST FOR CONDITIONAL USE PERMIT (CUP) FOR A RODEO ARENA IN THE AG-80 DISTRICT, FILED BY EVA RIVERA AND OTHERS. (CASE NO. CU-04-06)

David L. Yearout, Interim Planning & Development Director, came before the Board with the recommendation to deny a request for Conditional Use Permit for a Rodeo Arena in the AG-80 District, filed by Eva Rivera and others. Concerns regarding this project are the high demands on public safety services, the area is in a designated flood plain, and a valid protest petition has been filed on this request.

Commissioner Carpenter motioned to deny the request for Conditional Use Permit 04-06 for a Rodeo Arena in the AG-80 District based on the recommendation of the Planning Board. Commissioner Doll seconded the motion. Motion carried 5-0.

RECESS

Commissioner Carpenter called a 5-minute recess at 9:30 a.m.

RECONVENE

Commissioner Carpenter reconvened the meeting of the Board at 9:35 a.m.

ITEM #2 – CONSIDER A REQUEST FOR A LOT SPLIT AND APO (AGRICULTURE PRESERVATION OVERLAY) IN SECTION 18, T24S, R41, LOCATED NEAR NW 90^TH AND DIAMOND ROAD TO THE NORTH OF POTWIN, REQUESTED BY THE THELMA L HINNEN TRUST, WILLIAM KEHR, AGENT. (CASE NO. PL-04-08)

David L. Yearout, Interim Planning & Development Director, came before the Board for approval of a Lot Split and APO Agriculture Preservation Overlay in Section 18, T24S, R4E, located near NW 90^th and Diamond Road to the north of Potwin, requested by the Thelma L. Hinnen Trust. No land is being taken out of agricultural production, no new homes are being built, and the County gains approximately ¾ mile of Right-of-Way on Diamond Rd & 90^th Street that currently does not exist.

Commissioner Shriver suggested that a lagoon be completed on Tract II before granting a conditional use permit.

Commissioner Carpenter motioned to approve Case No. PL-04-08 – Request for a Lot Split and APO Agriculture Preservation Overlay in Section 18, T24S, R4E, located near NW 90^th and Diamond Road to the north of Potwin and authorize the Chairman to execute the Homestead Lot Split/Agriculture Preservation Overlay agreements for these properties after a lagoon has been satisfactorily completed for Tract II. Commissioner Doll seconded the motion. Motion carried 5-0.

ITEM #3 – CONSIDER APPROVAL OF THE LOWEST BEST PROPOSAL FROM R.K. BLACK OF WICHITA FOR THE 2004 COPIER VENDOR BIDS.

Scott Stoskopf, Computer Services Director and Copier RFP Committee Ron Roberts, Tony Wilhite, Janet Vermillion came before the Board for approval of the lowest best proposal from R.K. Black of Wichita in the amount of $345,356.80. This amount is quoted for 30 copiers. The total number of copiers to eventually be purchased would be 31, as per Mr. Stoskopf.

Commissioner Shriver motioned to approve the lowest best Quote from R.K. Black of Wichita in the amount of $345,356.80 and authorize the Chairman to sign. Commissioner Anderson seconded the motion. Motion carried 5-0.

ITEM #4 – CONSIDER APPROVAL OF THE BUTLER COUNTY SHERIFF’S OFFICE TO APPLY FOR THE 2004 METHAMPHETAMINE GRANT.

Sgt. Kelly Alexander, Butler County Sheriff’s Office, came before the Board for approval of the application for the 2004 Methamphetamine Grant in the amount of $247,000 with no matching funds involved.

Commissioner Anderson motioned to approve the Butler County Sheriff’s Office application for the 2004 Methamphetamine Grant. Commissioner Doll seconded the motion. Motion carried 5-0.

ITEM #5 – CONSIDER A CONTRACT BETWEEN BUTLER COUNTY AND THE KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT FOR SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN (WIC), FOOD AND NUTRITION SERVICE, UNITED STATES DEPARTMENT OF AGRICULTURE.

Carol A. Borger, Health Department Administrator, came before the Board for approval of the Contract between Butler County and Kansas Department of Health and Environment for Special Supplemental Nutrition Program for Women, Infants, and Children (WIC). This contract is in the amount of $97,574.00.

Commissioner Doll motioned to approve the WIC contract for $97,574.00 between the Butler County Health Department and KDHE and allow the chair to sign. Commissioner Shriver seconded the motion. Motion carried 5-0.

RECESS

Commissioner Carpenter called a 5-minute recess at 10:10 a.m.

RECONVENE

Commissioner Carpenter reconvened the meeting of the Board at 10:15 a.m.

ITEM #6 – RECEIVE AND OPEN BIDS FOR THE COUNTY OWNED PETROLEUM BUILDING.

There were no bids received. It was the consensus of the Board to discuss the use and/or sale of the Petroleum Building in two weeks.

ADS AND ABATES

None

OTHER ITEMS OF BUSINESS

Commissioner Doll requested a Board member review the Wind and Prairie Task Force Final Report and the Windfarm Guidelines passed by the Commission and report back to the Board with a comparison discussion.

Commissioner Anderson asked if the REC (Rural Electric Cooperative) cost breakdown was available, as was requested at yesterdays Board meeting. Administrator Johnson stated that he was informed that it would be here next Monday, June 28, 2004.

Commissioner Shriver stated that he received a letter from Chuck Schneider of Schneider Grain and Feed offering to purchase the land in Augusta, on which he owns the buildings, from the County for $20,000 cash.

Commissioner Shriver motioned to accept the $20,000 cash offer from Chuck Schneider of Schneider Grain and Feed for purchase of property in Augusta, and request Larry Powell, Director of Economic Development, to prepare a contract stating this acceptance and to complete this transaction and present it to the Commissioners at a Board meeting in two weeks. Commissioner Wheeler seconded the motion. Motion carried 5-0.

Commissioner Shriver asked that all Commissioners attending the meeting Wednesday, June 23, 2004 with the City of El Dorado, present a united front in favor of the Wholesale Water District proposal. All Board members stated that they planned to attend this meeting.

Administrator Johnson asked if the Commissioners would be interested in participating in a Public Relations event featuring the auto defibrillators recently purchased by the Emergency Medical Service. It was the consensus of the Board to participate during a regular session on a Monday or Tuesday.

EXECUTIVE SESSION

Commissioner Carpenter motioned to recess to Executive Session for 30 minutes, at 11:05 a.m., to discuss matters of non-elected personnel. Commissioner Doll seconded the motion. Those in attendance were Commissioners Anderson, Carpenter, Doll, Shriver and Wheeler and Administrator Johnson.

RECONVENE

Commissioner Carpenter reconvened the meeting of the Board of Commissioners at 11:35 a.m.

Frank Miller came before the Board to ask for an apology from Commissioner Doll because he broke the Commissioners ruling about campaigning on County time, when he said he supported Randy (Waldorf.)

Commissioner Doll responded that he would not apologize because he (Doll) did not endorse Randy Waldorf and, has known Randy for 15 plus years and he is a good man and he has done business with him several times. He’s known him (Waldorf) as an individual and he is a quality guy. He’s done a lot of community service and charity work around Augusta and has served on the Augusta City Council for 10-12 years. Doll further stated that he has not come out and endorsed him (Waldorf) and in fact if he did endorse him it wouldn’t mean anything because he (Doll) couldn’t vote for him (Waldorf). Further, people are often discussed, from time to time, when they apply for vacant positions here. Both the good and bad are discussed during these open meetings.

Mr. Miller had no further comments.

RECESS

Commissioner Shriver motioned to recess the meeting of the Board at 11:50 a.m. until Wednesday, June 23, 2004 at 6:30 p.m. when the Board will meet with the City of El Dorado to discuss the Wholesale Water District. Commissioner Anderson seconded the motion. Motion carried 5-0.

RECONVENE

Commission Chairman Carpenter called the Commission meeting back to order at 6:45 p.m. for a joint meeting with the City of El Dorado’s Mayor, Commissioners and staff for the purpose of determining their interest in being a participant in a wholesale water district for Butler County. Commissioner Doll was absent.

John Bailey, with Professional Engineering Consultants, gave a brief review of the planning work that has been completed on a water delivery system for the County and some estimated costs to build it. He also presented one method of allocating those costs between the various potential users of the water.

Commissioner Carpenter started the discussion asking the City if they would be interested in participating. Since El Dorado controls the water rights to the lake there is no need to proceed with further planning if they are not interested.

Several of the City’s Commissioners spoke their opinions along with the Mayor and City Administrator. The consensus seemed to be that they were interested and would even consider selling or leasing their current infrastructure to the district. The City needs to sell the water and wants to only sell it in Butler County. El Dorado, however, was concerned about the ability to fund the project and would not be supportive of a county wide mill levy to do so. The city does need to have some guarantees in place to protect the needs and concerns of their citizens before considering selling any of their assets.

Commissioner Carpenter stated he was pleased with El Dorado being willing to be a player in the venture and open to discussions on ways to proceed. He thanked the city for coming to the meeting with an open mind and willingness to continue with planning to move forward.

ADJOURN

Commissioner Shriver moved to adjourn the meeting at 8:44 p.m. Commissioner Wheeler seconded the motion. Motion carried 4-0