BUTLER COUNTY BOARD OF COMMISSIONERS

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

ITEMS OF BUSINESS

ITEM #1 – REVIEW OF THE TIME LINE AND PROCESS FOR IMPLEMENTING ABANDONMENT OF THE BUTLER COUNTY RAIL LINE, LOCATED BETWEEN AUGUSTA AND THE WEST COUNTY LINE.

Larry Powell, Director of Economic Development, came before the Board to provide a review, time line and process for implementing abandonment of the Butler County rail line located between Augusta and west County line.

Mr. Powell stated that the shortest length of time for implementing abandonment of the rail line would be approximately 6 months. Attorney fees will run about $4,000.00 and the filing fee is estimated $2,800.00. Other costs will include newspaper notices and mailing costs. This does not include any cost to remove or salvage out the system.

Mr. Powell stated that should someone want to assume ownership of the railroad, the County could become involved in a forced sale of the property and may have to place the line into the Rails to Trails program to maintain control of the property.

Commissioner Carpenter motioned to begin the abandonment process as of today, March 2, 2004, and retain Karl Morell, Attorney at Law, to begin this process. Commissioner Wheeler seconded the motion. Motion carried 5-0.

The rail line, east of Augusta, was discussed about reverting or leasing property back to

the landowners. Commissioner Shriver recommended a letter be sent to all property owners along the rail line prohibiting the landowner from placing any buildings or improvements on the right-of-way, if the county could determine a method to lease back to them. Mr. Shriver also asked Mr. Powell to contact the owners of the Leon to Beaumont Rail Line and status of this property.

ITEM #2 – EXECUTIVE SESSION

Commissioner Carpenter motioned to adjourn to Executive Session at 9:30 a.m., for 10 minutes, to discuss land acquisition. Commissioner Anderson seconded the motion. Motion carried 5-0. Those in attendance were Commissioner Anderson, Carpenter, Doll, Shriver and Wheeler, Administrator Johnson and Larry Powell, Director of Economic Development.

RECONVENE

Commissioner Carpenter reconvened the meeting of the Board at 9:40 a.m.

ITEM #3 – CONSIDER A REQUEST FOR THE FILLING OF VACANT PC & NETWORK TECH POSITION.

Scott Stoskopf, Director of Computer Services, came before the Board for authorization to fill a vacant PC and Network Tech position.

Commissioner Shriver recommended research into preventing vendors from hiring our staff away from positions in the County. Administrator Johnson will research this.

Administrator Johnson also recommended the Board authorize filling the clerk’s position in the GIS/Mapping Department.

Commissioner Wheeler motioned to approve authorization to fill vacant PC and Network Tech position and the clerk position in GIS/Mapping. Commissioner Shriver seconded the motion. Motion carried 5-0.

ITEM #4 – CONSIDER COOPERATIVE AGREEMENT FOR EMERGENCY MANAGEMENT.

Jim Schmidt, Director of Emergency Management, came before the Board for consideration of a cooperative agreement for emergency management between Butler County and the State of Kansas. This agreement verifies that Butler County has and will continue to maintain its emergency management program to meet state requirements.

Commissioner Anderson motioned to approve the cooperative agreement for Emergency Management and allow the Chair to sign. Commissioner Doll seconded the motion. Motion carried 5-0.

RECESS

Commissioner Carpenter called a 5-minute recess of the Board at 9:55 a.m.

RECONVENE

Commissioner Carpenter reconvened the meeting of the Board at 10:00 a.m.

ITEM #5 – CONSIDER FISCAL YEAR 2005 KDHE GRANT APPLICATION FOR BUTLER COUNTY HEALTH DEPARTMENT.

Carol Borger, Administrator of the County Health Department, came before the Board to consider the Fiscal Year 2005 KDHE Grant application for the Butler County Health Department. The grant funds requested total $194,551.75 and help fund many positions and programs.

Commissioner Doll motioned to approve the 2005 KDHE Grant Application for Butler County Health Department, in the amount of $194,551.75, and allow the Chair to sign. Commissioner Shriver seconded the motion. Motion carried 5-0.

ITEM #6 – CONSIDER APPROVING THE ATTACHED MEMORIAL TREE AND PLAQUE AGREEMENT ALONG WITH THE REQUEST FROM THELMA LORE FOR A MEMORIAL PLAQUE.

Administrator Johnson came before the Board for approval of the attached memorial tree and plaque agreement along with the request from Thelma Lore for a memorial plaque.

Commissioner Shriver motioned to approve the memorial tree and plaque agreement along with the request from Thelma Lore for a memorial plaque. Commissioner Wheeler seconded the motion. Motion carried 5-0.

EXECUTIVE SESSION

Commissioner Doll motioned to adjourn to Executive Session for 20 minutes, at 10:20 a.m. to discuss personnel matters of non-elected personnel. Commissioner Wheeler seconded the motion. Motion carried 5-0. Those in attendance were Commissioners Anderson, Carpenter, Doll, Shriver and Wheeler and Administrator Johnson.

RECONVENE

Commissioner Carpenter reconvened the meeting of the Board at 10:40 a.m.

OTHER ITEMS OF BUSINESS

Commissioner Carpenter motioned to have Commissioner Doll contact Dan Rowe, Treanor Architects and Dan Ferguson, J. E. Dunn, regarding the plaques for the jail and Judicial Center. Commissioner Wheeler seconded the motion. Motion carried 4-0. Commissioner Shriver abstained.

Commissioner Carpenter reported that Steve Pershall, Chairman of the BCCC Board of Trustees, received the letter from the County, but that the Butler County Community College Trustees voted, last night, to drop “County” from their name, for marketing purposes. The name will now be Butler Community College.

Commissioner Carpenter stated that he attended the Towanda Planning Commission and they are in favor of the Highway 254 Corridor Project and they, the Planning Commission, will present this to the City of Towanda next Wednesday, March 10, 2004 at noon.

Commissioner Shriver reminded the Board of the Leadership Butler meeting, Thursday March 4, 2004, and stated that the Board should be prepared with responses to any questions that might arise regarding County projects.

Administrator Johnson stated that the Cox Franchise Agreement could generate approximately $4500 for Butler County. Mr. Johnson stated that Teresa Rogers, of Andover, telephoned to complain that Cox was installing lines through the yards of homeowners, rather than the easements. Mr. Johnson informed Ms. Rogers that the County has a plan for the easement and needs to have control of the easement. We only charged Cox a one-time fee of $5,000, for using the easement, and that it was Cox’s decision to install lines through the yards.

Administrator Johnson stated that the Augusta Planning Commission voted 7-1 in favor of zoning change for the Ministry of World Outreach Church, located north of the Northridge Addition, contingent on the church hooking up to the City of Augusta sewer. Nothing was included about paving the road.

Commissioner Carpenter motioned to withhold the building permit for the Church, until there is a road agreement, with the property owner, regarding the ingress and egress and pavement and agreed sewer hook-up. Commissioner Shriver seconded the motion.

Commissioner Anderson recommended that there be no mill levy increase for the coming budget process and department heads need to be informed of this ahead of time.

ADJOURNMENT

Commissioner Wheeler motioned to adjourn the meeting of the Board at 11:40 a.m. Commissioner Anderson seconded the motion. Motion carried. 5-0.