BUTLER COUNTY BOARD OF COMMISSIONERS

Monday, March 29, 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 Toni Owen.

ITEMS OF BUSINESS

ITEM #1 – RECEIVE THE CITY OF ANDOVER TO PRESENT THE ANNUAL REPORT ON FIRE DISTRICT #1.

Jim Shaver, Fire Chief District # 1, came before the Board to present the annual report on Fire District #1in Andover. This report projected the outlook for 2004, which included Insurance Services Organization (ISO), grade reduction, a new fire truck, and relocation of some resources.

No action was taken before the Board at this time, pending further study of report.

ITEM #2 – RECEIVE JOHN BAILEY TO DISCUSS WHOLESALE WATER DISTRICT.

John Bailey, Professional Engineering Consultant, came before the Board to discuss the Wholesale Water District. Discussion included study cost, needs assessment, contractual lease for usage of water, by the City of El Dorado.

It was the consensus of the Board, to first meet with the City of El Dorado and then to meet with the other cities involved in the Wholesale Water District, in Butler County, either one on one or in a group.

ITEM #3 – RECEIVED A SIGNED CONTRACT FROM MIKE AND TERESA RAWLINGS FOR RAIL ROAD PROPERTY IN AUGUSTA.

Larry Powell, Director of the Economic Development, came before the Board for approval of the sale of Rail Road Property in Augusta, KS. This contract is $5,000, with $1,000 down and 4 years at $1,000 per year at 0% interest. The first payment of $1,000 has been received.

Commissioner Shriver motioned to approve the sale of Rail Road property, in Augusta, to Mike and Teresa Rawlings at the offered sale price of $5,000 based upon the value agreed to in the negotiations and allow the Chair sign. Commissioner Anderson seconded the motion. Motion carried 5-0.

EXECUTIVE SESSION

Commissioner Shriver motioned to adjourn to Executive Session for 15 minutes at 10:00 a.m., to discuss matters of non-elected personnel. Those present were Commissioners Carpenter, Anderson, Doll, Shriver, Wheeler, and Administrator Johnson and County Clerk Ron Roberts.

RECONVENE

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

APPROVAL OF MINUTES

Commissioner Shriver motioned to approve the minutes of Monday, March 22, 2004 as written and March 23, 2004, as amended. Commissioner Anderson seconded the motion. Motion carried 4-0.

APPROVAL OF VOUCHERS

Commissioner Carpenter motioned to approve vouchers of March 29, 2004 in the amount of $622,401.36. Commissioner Wheeler seconded the motion. Motion carried 5-0.

APPROVAL OF ABATES

Commissioner Wheeler motioned to approve Abates #2181 for March 29, 2004. Abates are in the amount of $1,943.26. There were no Adds. Commissioner Doll seconded the motion. Motion carried 5-0.

EXECUTIVE SESSION

ITEM #4 – RECEIVE NORMAN MANLEY, COUNTY LEGAL COUNSEL TO DISCUSS MATTERS OF A LEGAL NATURE IN AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS. (10:30 A.M.)

Commissioner Shriver motioned to adjourn to Executive Session, for 15 minutes, at 10:30 a.m. to consult with an attorney, for the body or agency which would be deemed privileged in the attorney-client relationship. Those present were Commissioners Carpenter, Anderson, Doll, Shriver, Wheeler and Administrator Johnson and County Counsel, Norm Manley.

RECONVENE

Vice-Chair Shriver reconvened the meeting of the Board at 10:45a.m.

Commissioner Carpenter excused himself at 10:45 a.m. to attend a funeral.

ITEM #5 –WORK SESSION-REVIEW OF ECONOMIC DEVELOPMENT.

Larry Powell, Director of Economic Development, came before the Board to review the Economic Development Program. Mr. Powell highlighted the Mission Statement for Economic Development and the impact, need and justification for the Ecomomic Development Department.

It was the consensus of the Board to receive the report for review and discuss it at a later date.

ITEM #6-WORK SESSION-DISCUSS THE UPDATE OF THE FEDERAL AID 5-YEAR PLAN FOR ROAD & BRIDGE PROJECTS.

Darryl C. Lutz, P.E., Director of Public Works, came before the Board for the approval of the KDOT 5-Year Plan for county road and bridge construction projects. Counties are required to pay 20% of construction engineering cost. Counties must pay 100% of all other project cost including survey, design, utility adjustment and right-of-way. The current proposed projects are included in the County’s Road & Bridge CIP last year.

Commissioner Doll motioned to approve the proposed 2005-2009 Federal Aid 5-Year Road & Bridge Plan for submission to KDOT. Commissioner Anderson seconded the motion. Motion carried 4-0.

ITEM #7-CONSIDER APPROVING THE PURCHASE OF AN EQUIPMENT HAUL TRAILER FROM STATE SURPLUS.

Darryl C. Lutz, P.E., Director of Public Works, came before the Board with for approval of the purchase of an equipment haul trailer from State Surplus Supply. The listed price on this trailer was $14,000 and Public Works staff negotiated the price down to $13,000. The trailer prices out at between $25,000 t $30,000 new.

Commissioner Doll motioned to approve the purchase of an equipment haul trailer from State Surplus Supply, for $13,000. Commissioner Anderson seconded the motion. Motion carried 4-0.

ITEM #8-CONSIDER PROPOSALS FOR REPLACING THE OVERHEAD DOORS AT THE BUTLER COUNTY HIGHWAY SHOP IN EL DORADO.

Darryl C. Lutz, P.E., Director of Public Works, came before the Board with proposals for replacing the overhead doors at the Butler County Highway Shop at El Dorado. The recommended proposal is for $14,150, from Overhead Door Company of Wichita, KS.

Commissioner Doll motioned to approve the proposal of the Overhead Door Company, Wichita, KS, in the amount of $14,150 to replace 6 overhead shop doors at the Butler County Highway Shop in El Dorado with new insulated doors, new tracks, new hardware and new weatherstrips and authorize the work to be done and to be paid for out of the Road & Bridge Fund. Commissioner Anderson seconded the motion. Motion carried 4-0.

ASPHALT MILLINGS

Darryl Lutz reported that he has a chance to purchase 25,000 tons of asphalt millings for a cost of $4.35 per ton. It was a consensus of the Board to approve the purchase of 25,000 tons of asphalt millings and instructed Mr. Lutz to try to negotiate the price to a lower amount per ton.

POLARIS ATV 4X4

Darryl Lutz reported that sometime during the weekend of March 27-28, 2004, the Polaris ATV Work Truck was stolen from the Landfill Shop. Insurance will pay all but $250 deductible.

MARKET VALUE OF LAND AT GRAIN ELEVATORS

Larry Powell gave the Commissioners a copy of the Review of the Market Value of Land at Grain Elevators and Feed Stores in Butler County. No action was taken by the Board at this time.

OTHER ITEMS TO COME BEFORE THE BOARD

Commissioner Anderson reported that he attended a Banquet and Tour of the Fire District # 3 in Rose Hill, KS.

Commissioner Anderson reported the resignation of Roy Bing, the Fire Chief of Latham District #6. A replacement will be appointed at a later date.

ADJOURN

Commissioner Wheeler motioned to adjourn the meeting of the Board at 11:045a.m. Commissioner Doll seconded the motion. Motion carried 4-0.