BUTLER COUNTY BOARD OF COMMISSIONERS

Tuesday, March 16, 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 Randy Doll, Commissioner Bill Shriver, Commissioner Mike Wheeler, Administrator Will Johnson Jr., and Recorder Clerk Brenda Brychta.

ITEMS OF BUSINESS

ITEM #1 – MOVED TO LATER IN AGENDA.

ITEM #2 – CONSIDER AN AGREEMENT WITH THE FIRM OF GOSSEN LIVINGSTON FOR ARCHITECT SERVICES FOR A FACILITIES NEEDS ASSESSMENT FOR EMERGENCY MANAGEMENT/HOMELAND SECURITY.

Jim Schmidt, Director of Emergency Management, came before the Board for consideration of an agreement with the firm of Gossen Livingston for architect services for a Facilities Needs Assessment for Emergency Management/Homeland Security. This department received a SLA funds grant, for $10,000.00, to secure the architectural services.

Commissioner Doll motioned to approve the agreement with the firm of Gossen Livingston for architect services for a Facilities Needs Assessment for Emergency Management/Homeland Security and allow the Chair to sign. Commissioner Anderson seconded the motion. Motion carried 5-0.

ITEM #1 – RECEIVE JAN SATTERFIELD, COUNTY ATTORNEY, TO DISCUSS RESOLUTION ON RECKLESS DISCHARGE OF FIREARMS IN THE COUNTY.

Jan Satterfield, County Attorney, came before the Board to discuss consideration of a proposed resolution on reckless discharge of firearms in the County. Ms. Satterfield introduced Freida and Leonard Barnhoft, Denise Jantz and Brenda Simpson, citizens of the Rose Hill area. Ms. Satterfield stated that she had met with these citizens and was informed of the reckless discharge of firearms into their homes from a distance away.

Commissioner Shriver voiced concerns about restricting the rights of legitimate gun owners in shooting skunks, coyotes, etc. and protecting their cattle in sparsely populated areas, especially in the eastern part of the county.

Ms. Satterfield stated that the discharging firearms in the county should be allowed any time legitimate gun owner wanted to, but not any way they want to. The whole key is reckless, when you act in a reckless manner and you have a disregard for the property or life of someone.

Commissioner Carpenter asked why the State has not proposed a statute on this matter.

Ms. Satterfield stated that she didn’t know why, but she would be willing to work on this at the State level.

Officer Bob Sage, of the Rose Hill Police department, came before the Board to ask that criminal penalties, by way of a resolution, be approved for reckless discharge of firearms in the county.

Frieda and Leonard Barnhoft came before the Board to describe the three bullets they found in their home and in a neighbor’s home.

Denise Jantz came before the Board to describe the bullet that hit her mailbox and then her car approximately where she places her daughter’s car seat.

Ms. Satterfield stated that she would be consulting with the Craig Murphy, Sheriff of Butler County, and Norm Manley, County Counsel, to draft this resolution.

RECESS

Commissioner Carpenter called a 5-minute recess of the Board at 9:45 a.m.

RECONVENE

Commissioner Carpenter reconvened the meeting of the Board at 9:50 a.m.

ITEM #3 – CONSIDER AN INTERLOCAL AGREEMENT REGARDING PLATTING, ZONING, SUBDIVISION REGULATIONS, AND BOUNDARIES OF EXTRA TERRITORIAL JURISDICTION WITH THE CITY OF TOWANDA.

Todd Kennemer, Director of Planning & Zoning, came before the Board for consideration of and amendment to an Interlocal Agreement regarding platting, zoning, subdivision regulations and boundaries of extra territorial jurisdiction with the City of Towanda. Mr. Kennemer also advised that the Interlocal Agreement with the City of Augusta should also be amended to include conditions, yet to be determined.

Commissioner Shriver motioned to table the Interlocal Agreement between the City of Towanda and Butler County, regarding platting, zoning, subdivision regulations and boundaries of extra territorial jurisdiction until Mr. Kennemer can confer with County Counsel Norm Manley regarding possible amendments to this agreement and to the Interlocal Agreement with Augusta. Commissioner Doll seconded the motion. Motion carried 5-0.

Jo Miller, Administrator of the City of Towanda, came before the Board to voice her concern with the verbage on page 3 of the Interlocal Agreement regarding requests that are not within the scope and in the best interest of Butler County Comprehensive Plan and she assumed the City of Towanda had no say in this.

Mr. Johnson informed her that it was the Planning Commission that did the reviews and Mr. Kennemer would be in contact with her to clear this misunderstanding.

RECEIVE ROY HENRY

Roy Henry, of Andover, came before the Board to request speed limit signs in the Easter addition.

Darryl Lutz, Director of Public Works stated that the Township Board is responsible for officially requesting speed limit signs and then he will study it before presenting it to the Board of County Commissioners.

ITEM #4 – RECEIVE A REPORT ON RECYCLING COST SHARING FOR 2003.

Darryl Lutz, Director of Public Works, came before the Board to present a report on the recycling cost sharing, with the City of El Dorado, for 2003. The cost share for Butler County for 2003 will be $27,089.04. This agreement has a 180-day cancellation clause.

Commissioner Shriver motioned to authorize payment of the $27,089.04 recycling cost sharing with the El Dorado Recycle Center. Commissioner Carpenter seconded the motion. Motion carried 5-0.It was the consensus of the Board to review the cost share at a later date.

ITEM #5 – RECEIVE AND OPEN SEALED PRICE QUOTES FOR LIQUID ASPHALT FOR 2004.

Darryl Lutz, Director of Public Works, came before the Board to present sealed price quotes for liquid asphalt, for the Highway Department, for 2004. Only one bid was received.

Bid from Koch Pavement Solutions:

CMS1-HFMS-1 = .763 cents delivered and .73 cents if picked up

CRS-1H/RS-1H = .683 cents delivered and .65 cents if picked up

CSS-1H/SS-1H = .713 cents delivered and .71 cents if picked up

CRS-1HM/RS-1M = .883 cents delivered and .85 cents if picked up

Commissioner Shriver motioned to approve the bid from Koch Pavement Solutions. Commissioner Anderson seconded the motion. Motion carried 5-0.

ITEM #6 – CONSIDER EXPANSION OF SEWER DISTRICT #19 NORTH OF AUGUSTA. {Resolution 04-13}

Darryl Lutz, Director of Public Works, came before the Board for consideration of the expansion of Sewer District #19 and the creation of Sewer District No. 19-B, north of Augusta, and to set a public hearing regarding the advisability of doing this work. This work will be paid for, 100%, by the sewer benefit districts. {Resolution 04-13}

Commissioner Carpenter motioned to approve expansion of Sewer District #19 and the creation of Sewer District No. 19-B and approve the Resolution No. 04-13 to set a public hearing regarding the advisability of doing this work and authorize the Chair to sign. Commissioner Doll seconded the motion. Motion carried 5-0.

ITEM #7-CONSIDER PURCHASE OF EQUIPMENT FROM THE STATE SURPLUS SUPPLY.

Darryl Lutz, Director of Public Works, came before the Board for the approval of the purchase of two trucks from the State Surplus Supply in the amount of $19,000. The cost of the 5^th wheel haul truck, $10,000, for the landfill will be paid for out of the landfill capital budget. The cost of the haul truck, $9,000, will be paid for out of the road equipment line item of the road and bridge fund.

Commissioner Doll motioned to approve the purchase of a 5^th wheel heavy-duty haul truck for the landfill and a heavy-duty work truck for the highway division from State Surplus Supply in the amount of $19,000 and allow the Chair to sign. Commissioner Shriver seconded the motion. Motion carried 5-0.

PAUL’S VALLEY

Darryl Lutz stated that Paul’s Valley wants to proceed with a petition for a special assessment-paving project and will contact Jerry Rayl, of Gold Cap Management, to proceed with preparation of financial information for this project.

ASPHALT MILLINGS

Darryl Lutz reported that he has a chance to purchase 40,000 tons of asphalt millings from the State Highway department at a cost of approximately $4.00 per ton.

Commissioner Carpenter motioned to approve the purchase of 40,000 tons of asphalt millings for a cost not to exceed $4.00 per ton. Commissioner Wheeler seconded the motion. Motion carried 5-0.

ROAD STRIPING

Commissioner Wheeler mentioned, to Mr. Lutz, the concern of Robert McCoy, of Whitewater, regarding striping on paved County roads, specifically Meadowlark and Butler Road. Mr. Lutz agreed to write a letter to Mr. McCoy stating that he would review the situation and see what can be done.

ITEM #8 - ADJOURN TO EXECUTIVE SESSION TO DISCUSS MATTERS OF NON-ELECTED PERSONNEL.

Commissioner Shriver motioned to adjourn to Executive Session at 11:05 a.m. for 30 minutes, to discuss matters of non-elected personnel. Commissioner Carpenter seconded the motion. Motion carried 5-0. Those in attendance were Commissioner Anderson, Carpenter, Doll, Shriver and Wheeler.

RECONVENE

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

EXECUTIVE SESSION

Commissioner Wheeler motioned to extend the Executive Session for 25 minutes at 11:36 a.m. to discuss matters of non-elected personnel. Commissioner Carpenter seconded the motion. Motion carried 5-0. Those in attendance were Commissioners Anderson, Carpenter, Doll, Shriver and Wheeler.

RECONVENE

Commissioner Carpenter reconvened the meeting of the Board at 12:01 p.m.

EXECUTIVE SESSION

Commissioner Anderson motioned to extend the Executive Session for 20 minutes, at 12:02 p.m., to discuss Administrator Johnson’s employment contract. Those in attendance were Commissioners Anderson, Carpenter, Doll, Shriver and Wheeler and Administrator Johnson.

RECONVENE

Commissioner Carpenter reconvened the meeting of the Board at 12:22 p.m.

EXECUTIVE SESSION

Commissioner Anderson motioned to extend the Executive Session for 5 minutes, at 12:23 p.m. to discuss Administrator Johnson’s employment contract. Those in attendance were Commissioners Anderson, Carpenter, Doll, Shriver and Wheeler and Administrator Johnson.

RECONVENE

Commissioner Carpenter reconvened the meeting of the Board at 12:28 p.m.

ADDS & ABATES

Commissioner Wheeler motioned to approve the Adds & Abates #2179 for March 15, 2004. Adds are in the amount of $936.58 and the Abates are in the amount of $6,929.26. Commissioner Shriver seconded the motion. Motion carried 5-0.

OTHER ITEMS OF BUSINESS

Commissioner Carpenter informed the Board that he had attended a meeting of the Kansas Mission of Mercy who provide free dental care for those who cannot afford it.

He stated that he would like to see if there was some way to be able to provide this for Butler County, on a smaller scale. He will keep the Board informed on this.

Commissioner Anderson motioned to approve the amended vouchers of March 15, 2004, in the amount of $195,079.22. Commissioner Doll seconded the motion. Motion carried 5-0.

Administrator Johnson came before the Board to inform them that the abandonment notices for the railroad from Augusta west, have been mailed out.

Administrator Johnson stated that the City of El Dorado would close Central Avenue from 4 p.m. to 9 p.m. on Flag Day, June 14, 2004. There were no objections from the Board.

Administrator Johnson informed the board of ADA issues related to the motor vehicle license department, and the access from residents in El Dorado. The State of Kansas is handling the complaint and Administrator Johnson will keep the board informed.

ADJOURNMENT

Commissioner Wheeler motioned to adjourn the meeting of the Board at 12:50 p.m. Commissioner Anderson seconded the motion. Motion carried. 5-0.