Tuesday, May 4, 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 Clerk Toni Owen.
ITEMS OF BUSINESS
Mr. C.L. Williams came before the Board to address {Resolution No.03-53}. He stated that he felt he was in compliance with the CUP. Commissioners voiced their concerns about the mobile homes and dead cedar trees. Mr. Williams stated that mobile homes would be gone after his tenant was employed. He will replant the cedar trees this spring.
Commissioner Carpenter motioned to amend {Resolution No. 03-53} to allow planting smaller trees (approximately 18”), instead of the 4’. Commissioner Wheeler seconded the motion. Motion carried 5-0.
The Commissioners received a report by Ed Patton, Mayor of Leon, concerning the island annexation of the Kessler Addition. Mr. Patton stated that island annexation would increase revenue for law enforcement and potential increased collections of sales tax. Commissioner Shriver stated that Island Annexation is difficult to accept, because of sewer issues and the distance between the property and the city. Mayor Patton will address this again on Tuesday May 10, 2004.
Todd Kennemer came before the Board to report on the seisomograph reading on the SW Quarry, located at 165th and Diamond Rd. The reading was in compliance of the regulations set by the state. The test were obtained because a neighbor had been concerned about the range and amount of blasting.
Commissioners received this report and agreed the reading was satisfactory.
ITEM#1-CONSIDER
AMENDED RESOLUTION FOR 911 ADVISORY BOARD TO REDUCE MEETINGS FROM MONTHLY TO
QUARTERLY.
Chris Davis,
Director of Emergency Communications, came before the Board for approval for
{Resolution No.04-24} a resolution, to change the Advisory Board meetings from
monthly to quarterly. The advisory board members feel the business they address
is limited in volume and urgency, to a degree, that meeting quarterly would
provide ample opportunity for them to fulfill their duties.
Commissioner Shriver
motioned to approve {Resolution No.04-24} to change the Advisory Board meetings
from monthly to quarterly. Commissioner Wheeler seconded the motion. Motion carried 5-0.
ITEM #2 –CONSIDER
A CONTRACT WITH LANGUAGE LINE FOR TRANSLATION SERVICES FOR 911.
Chris Davis, Director of Emergency Communications, came before the Board for approval of a contract with Language Line, for translation services for 911. Language Line is a subsidiary of AT&T and provides translation services for several types of clients including 911.Language Line has agreed to waive all enrollment fees and monthly membership fees and charge a flat fee of $1.95 per minute, based on the number of minutes used. Cost annually would be approximately $20.00. Norm Manley, County Counsel, approved the form.
Commissioner Anderson motioned to approve a contract with Language Line for translation services for 911 and allow the Chair to sign. Commissioner Doll seconded the motion. Motion carried 5-0.
Chris Davis came before the Board to invite the Commissioners to participate in a mock trial, to prepare his department, in case of civil action being taken against them. Norm Manley will help conduct the trial. Mr. Davis will inform the Commissioners of the date, time and place of the mock trial.
ITEM #3 –CONSIDER APPROVAL OF AN
AGREEMENT FOR MEDICAL CONSULTANT FOR THE BUTLER COUNTY HEALTH DEPARTMENT WITH
CAMILLE McKESEY, M.D.
This item was moved to Monday, May 3, 2004.
ITEM
#4 –CONSIDER APPROVING THE CLOSEOUT OF THE PRAIRIE ROSE CDBG GRANT.
Darryl Lutz, P.E., Director of Public Works, came before the Board for
approval of the closeout at the Prairie Rose CDBG Grant, No. 02-IN-002, related
to the Parallel Road construction project for the Prairie Rose Chuckwagon
Supper and allow the Chair to sign. The first payment on the CDBG loan has been
received. All requirements of the grant
contract have been completed and the grant may now be closed out.
Commissioner Doll motioned to approve the closeout of CDBG Grant No.
02-IN-002 and allow the Chair to sign. Commissioner Anderson seconded the
motion. Motion carried 5-0.
IN LIEU OF PAYMENT
Kathy Briney-Wagner, County Appraiser, came before the Board for approval to abate the Flint Hills National Golf Club’s, tax statement in the amount of $65,156.94. This is a unique In Lieu of Tax Agreement between the City of Andover and Flint Hills National Golf Club. An In Lieu of bill will be generated in the amount of $68,787.28, by the City of Andover. The only recourse the County has, if the exemption becomes null and void, is that the property will become 100% taxable and placed back on the tax roll. Commissioner Doll asked Norm Manley, County Counsel, if it would be a conflict of interest to vote on this issue, because Commissioner Doll has a business relationship with the owner of the Flint Hills Golf Club. Mr. Manley stated it would be no conflict of interest.
Commissioner Shriver motioned to approve the abatement on the Flint Hills
National Golf Club, City of Andover, in the amount of $65,156.94. Commissioner
Carpenter seconded the motion. Motion
carried 5-0.
APPROVAL OF ADDS & ABATES
Commissioner Shriver motioned to approve the Adds & Abates #2186. The Abates are in the amount of $66,262.32. The Adds are in the amount of 307.66. Commissioner Wheeler seconded the motion. Motion carried 5-0.
COUNTY WIDE MEMORIAL SERVICE
Kelly Alexander, Butler County Sheriff Officer, came before the Board to invite the Commissioners to the County-Wide Law Enforcement Memorial service. May 11, 2004, at 6:30 p.m.
RECESS
Commissioner Carpenter adjourned the Board for 5 minutes at 10:15 a.m.
RECONVENE
Commissioner Carpenter reconvened the Board at 10:20 a.m.
EXECUTIVE SESSION
Commissioner Anderson motioned to adjourn to Executive Session for 10 minutes at 10:20 a.m. to consult with the attorney for the Board, which would be deemed, privileged in the attorney-client relationship. Commissioner Wheeler seconded the motion. Motion carried 5-0. Those attending were Commissioner Anderson, Carpenter, Doll, Shriver, Wheeler and Administrator Johnson and Norm Manley, County Counsel.
RECONVENE
Commissioner Carpenter reconvened the Board at 10:30 a.m.
ITEM #5 –ADJOURN TO EXECUTIVE
SESSION FOR THE PURPOSE OF DISCUSSING LAND ACQUISTION.
Commissioner Carpenter motioned to adjourn to Executive Session for 10 minutes at 10:30 a.m. for preliminary discussions relating to the acquisition of real property. Commissioner Shriver seconded the motion. Motion carried 4-0. Commissioner Wheeler abstained. Those attending were Commissioners Anderson, Doll, Shriver, Carpenter, Administrator Johnson, and Darryl Lutz, P.E., Director of Public Works.
RECONVENE
Commissioner Carpenter reconvened the Board at 10:40 a.m.
ITEM #6 –CONSIDER A CHANGE ORDER
FOR THE PURPOSE OF EXTENDING SEWER LINES TO SERVE THE NEW SEWER DISTRICT 19-B.
Darryl Lutz, P.E., Director of Public Works, came before the Board for approval of the change order to Project SD 19-A 04 with Alan’s Excavating in the lump sum amount of $11,485.00 for the purpose of extending a sewer line to serve Sewer District No. 19-B. Sewer District No.19-B will pay for the work. The cost of this work will be paid 100% by the sewer benefit district.
Commissioner Carpenter motioned to approve the change order to Project SD 19-A 04 with Alan’s Excavating in the lump sum amount of $11,485.00 for the purpose of extending a sewer line to serve Sewer District No. 19-B. The work will be paid for by Sewer District No. 19-B and allow the Chair to sign. Commissioner Doll seconded the motion. Motion carried 5-0.
ITEM #7 –RECEIVE AND OPEN
PROPOSALS FOR PAVEMENT DESIGN WORK FOR FLINTHILLS ROAD BETWEEN ROSALIA AND
CASSODAY.
Darryl Lutz, P.E., Director of Public Works, came before the Board to receive and open proposals for pavement design work for Flinthills Rd. between Rosalia and Cassoday. However no proposals have been received at this time.
It was consensus of the Board to have Mr. Lutz come back after consulting with Terracon, a consulting Engineer from Wichita, KS. with an hourly rate and estimated cost for the project.
ITEM#8-CONSIDER A THREE PARTY
AGREEMENT BETWEEN BUTLER COUNTY, CITY OF ROSE HILL, AND KDOT CONCERNING THE SW
170TH STREET PROJECT IN ROSE HILL.
Darryl Lutz, P.E., Director of Public Works, came before the Board for approval of a 3-party agreement between Butler County, City of Rose Hill, and KDOT, concerning the SW 170th St. project at Rose Hill. A portion of this project lies within the city limits of Rose Hill. A separate agreement will not be required by KDOT. This agreement stipulates Butler County’s understanding of party responsibilities related to project requirements, design, funding, right-of-way acquisition, utility relocation, construction and maintenance. Mr. Lutz has reviewed this agreement and found it to be acceptable. A copy has been sent to the City of Rose Hill for review. They will review and consider the approval of this project, following action by the Butler County Board. Primary funding for the project is from federal aid funds administered by KDOT. The City of Rose Hill is paying a portion of the design cost along with the 20% matching funds for construction. Butler County is purchasing the right-of-way, relocating utilities and paying for a portion of the engineering. Norm Manley, County Counsel, has approved this agreement.
Commissioner Anderson motioned to approve the 3-party agreement between the County, City of Rose Hill, and KDOT setting forth party responsibilities related to Project No. 8 C-3857-01 (the SW 170th St. project at Rose Hill) and allow the Chair to sign. Commissioner Doll seconded the motion. Motion carried 5-0.
OTHER ITEMS OF BUSINESS
Darryl Lutz, P.E., Director of Public Works, reminded the Board of the road viewing on Indianola Rd. between NW 80th and NW 90thm in Tuesday, May 11,2004, at 8:00 a.m.
Commissioner Anderson reminded the Board of BCCC graduation, Saturday May 15, 2004. Commissioners Anderson and Carpenter plan on attending.
Commissioner Carpenter reminded the Board of the late start on Monday 10, 2004, at 10:00 a.m. due to REAP meeting.
Administrator Johnson reminded the Commissioners of canvassing the Rose Hill Bond Election, at 9:30 a.m., on Monday 10, 2004. Commissioners Shriver, Anderson and Doll will canvas.
Administrator Johnson reminded the Board of Celebrate Freedom, a WWII Veterans Memorial, fundraiser May 9, 2004, at El Dorado Middle School, at 6:30 p.m.
Administrator Johnson stated that the Director of Building & Grounds applications had been closed. Interviews should start in two weeks.
Administrator Johnson stated that Tax Foreclosure Sale on Real Estate is June 8, 2004 at 9:00 a.m., on the steps of the Butler County Court House.
EXECUTIVE SESSION
Commissioner Doll motioned to adjourn to Executive Session to discuss personnel matters of non-elected personnel, for 10 minutes at 11:25 a.m., to review personnel evaluations. Commissioner Anderson seconded the motion. Motion carried 5-0. Those in attendance were Commissioners Anderson, Doll, Shriver, Carpenter, Wheeler and Administrator Johnson.
RECONVENE
Commissioner Carpenter reconvened the Board at 11:35 a.m.
ADJOURN
Commissioner Carpenter motioned to adjourn the Board at 11:35 a.m. Commissioner Shriver seconded the motion. Motion carried 5-0.