BUTLER COUNTY BOARD OF COMMISSIONERS

Tuesday, November 30, 2004

 

 

CALL TO ORDER

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 Mike Wheeler, County Administrator, Will Johnson, Jr., and Clerk Ron Roberts.  Commissioner Bill Shriver was absent.

 

ITEM #1 – RECESS TO EXECUTIVE SESSION TO DISCUSS MATTERS OF NON-ELECTED PERSONNEL

Commissioner Wheeler motioned to recess the Board to Executive Session at 9:10 a.m. for 55 minutes to discuss matters of non-elected personnel.  Commissioner Anderson seconded the motion.  Motion carried 4-0.  Those in attendance were Commissioners Anderson, Carpenter, Doll, Wheeler, Administrator Will Johnson, Jr., Assistant Administrator Mark Detter and Scott Knebel.

 

RECONVENE

Commissioner Carpenter reconvened the Board at 10:05 a.m.

 

ITEM #2 – SPECIAL 40-YEAR SERVICE RECOGNITION FOR PHIL HUGHEY, DEPARTMENT OF PUBLIC WORKS

Darryl Lutz came before the Board to present Phil Hughey, Department of Public Works, with a Special 40-year Service Recognition award.  All of the Commissioners congratulated him on receiving this special award.

 

ITEM #3 – CONSIDER A REQUEST FOR A CONDITIONAL USE PERMIT FOR TWO CONTROLLED SHOOTING AREAS, BY FRANK HARPER, DOYLE CREEK LAND AND CATTLE CO. INC. CASE NO. CU-04-09 RESOLUTION NO. 04-51

David Yearout/Interim Director of Planning & Development, came before the Board for approval of a Conditional Use Permit from Frank Harper-Doyle Creek Land & Cattle Co. Inc. for two controlled shooting areas (CSA).  A CSA is a private fee-to-hunt area licensed by Kansas Department of Wildlife and Parks (KDWP).  Access to CSA’s is through permission of the owner/operator only; trespassing is unlawful.  

 

Commissioner Wheeler motioned to approve a Conditional Use Permit for two controlled shooting areas Case No. CU-04-09, Resolution No. 04-51.  Commissioner Doll seconded the motion.  Motion carried 4-0.

 

ITEM #4 – CONSIDER APPROVAL OF A FINAL PLAT FOR JON AND DANA PIERCE – SOFT LANDING CASE NO. PL-04-14

David Yearout, Interim Director of Planning & Development, came before the Board for approval of Case No. PL-04-14, Jon and Dana Pierce – Soft Landing Final Plat Approval.  These property owners are requesting to subdivide one forty-acre parcel of Rural Residential zoned property into two residential lots comprised as follows:  Lot 1 (14.63 acres) and Lot 2 (24.15 acres).

 

Commissioner Anderson motioned to approve Case No. PL-04-14, Jon and Dana Pierce – Soft Landing Final Plat.  Commissioner Wheeler seconded the motion.  Motion carried 4-0.

 

ITEM #5 – RECEIVE AND OPEN BIDS FOR THE REPLACEMENT OF AN AMBULANCE FOR EMERGENCY MEDICAL SERVICES

Grant Helferich, Director of EMS, came before the Board to open bids received for the purchase of an ambulance for the EMS Department.  Bids were received from:

 

            Braun Industries                                                          $ No Bid

            American LeFrance Medic Master                           $ No Bid

            EDM Equipment Road Rescue                            $ No Bid

            Horton Emergency Vehicles                                               $ No Bid

            Midwest Emergency Vehicles Med Tech                 $ 111,139  LED Option $850

In order to match the box purchased last year, a Deluxe box is an additional $2,400.

 

Commissioner Wheeler motioned to allow the EMS Director to review the bids and return at a later date with a recommendation.  Commissioner Doll seconded the motion.  Motion carried 4-0.

 

ITEM #6 – CONSIDER ACTION TO ALLOW PLACEMENT OF GATES ACROSS SW 50TH STREET BETWEEN SW FULTON ROAD AND SW BUFFALO ROAD IN TOWANDA TOWNSHIP

Darryl Lutz, Director of Public Works, came before the Board for approval to place gates across SW 50th Street between SW Fulton Road and SW Buffalo Road in Towanda Township.  The adjacent property owners and the Township have a problem with vandalism and dumping on a portion of SW 50th Street that provides access to cultivated land along the Whitewater River between SW Fulton Road and SW Buffalo Road.   The adjacent property owners initially considered vacating the right-of-way in order to close the road.  Due to some access issues for property that could be landlocked, it was decided that vacating the road would not be appropriate.  In lieu of vacating the road, the property owners and the Township are seeking proper authorization to place gates across the road to restrict open access by the traveling public.

 

Commissioner Carpenter motioned to approve the order to allow gates to be placed across a portion of SW 50th Street between SW Fulton Road and SW Buffalo Road in Towanda Township and authorize the Chair to sign.  Commissioner Doll seconded the motion.  Motion carried 4-0.

 

ITEM #7 – CONSIDER APPROVING A NEW AGREEMENT TO REPLACE AN EXISTING AGREEMENT WITH THE CONSORTIUM RELATED TO MANDATORY DRUG AND ALCOHOL TESTING

Darryl Lutz, Director of Public Works, came before the Board for approval of a new agreement to replace an existing agreement with The Consortium related to mandatory drug and alcohol testing.  The Consortium is the primary vendor in the state of Kansas providing third party services related to compliance with mandatory federal D.O.T. requirements for drug and alcohol testing.  This testing is required for persons required to have a CDL license and for persons in safety sensitive positions.

 

Commissioner Wheeler motioned to approve the agreement with The Consortium for Administration of Company Drug and Alcohol Testing Program and Support Line Service Agreement and authorize the Chair to sign.  Commissioner Anderson seconded the motion.  Motion carried 4-0.

 

ITEM #8 – CONSIDER APPROVING DESIGN WORK FOR STREAM BANK STABILIZATION ALONG A PORTION OF SUTTON CREEK AT THE CONSTRUCTION AND DEMOLITION LANDFILL

Darryl Lutz, Director of Public Works, came before the Board for approval of design work for stream bank stabilization along a portion of Sutton Creek at the construction and demolition landfill.  The current construction and demolition landfill area is in an old soil borrow pit adjacent to the west side of Sutton Creek.  The creek has some major meanders that, over the course of the last few years, are eroding the stream banks toward the construction and demolition material fill area.  Mr. Phil Balch is a specialist and has worked for many years to design effective bank stabilization measures that minimize impact to the flow of natural streams.

 

Commissioner Wheeler motioned to approve the proposal for design work with The Watershed Institute in an amount not to exceed $4,001.93 for stream bank stabilization design work along Sutton Creek at the construction and demolition landfill.  Commissioner Anderson seconded the motion.  Motion carried 4-0.

 

ITEM #9 – CONSIDER APPROVAL OF A RESOLUTION TO ESTABLISH STOP SIGNS ON SW MEADOWLARK ROAD AT THE INTERSECTION WITH SW 30TH IN BENTON TOWNSHIP

Darryl Lutz, Director of Public Works, came before the Board for approval of a resolution to establish STOP signs on SW Meadowlark Road at the intersection with SW 30th Street in Benton Township.  A traffic study and engineering investigation has been conducted and completed for the requested location.  The finding is as follows:  Install STOP signs on SW Meadowlark Road at the intersection with SW 30th Street.  Through traffic will travel on SW 30th Street.  Richland Township is responsible for installing and maintaining signs at this location.

 

Commissioner Doll motioned to approve and adopt Resolution No. 04-52 enacting the regulatory STOP signs for SW Meadowlark Road at the intersection with SW 30th Street in Benton Township and authorize the Chair to sign.  Commissioner Anderson seconded the motion.  Motion carried 4-0.

 

ITEM #10 – RECEIVE AN UPDATE ON THE STATUS OF EQUIPMENT REPLACEMENT

Darryl Lutz, Director of Public Works, came before the Board for an update on the status of equipment replacement.

 

OTHER ITEMS OF BUSINESS TO COME BEFORE THE BOARD

Administrator Johnson informed the Board that Creative Community Living is applying for a grant to purchase a vehicle. The Board needs to approve their application before they can proceed.

 

Administrator Johnson presented an updated layout of the East Annex building for the Commissioners to review.

 

RECESS TO EXECUTIVE SESSION TO DISCUSS MATTERS OF NON-ELECTED PERSONNEL

Commissioner Carpenter motioned to recess the Board to Executive Session at 11:35 a.m. for 10 minutes to discuss matters of non-elected personnel.  Commissioner Wheeler seconded the motion.  Motion carried 4-0.  Those in attendance were Commissioners Anderson, Carpenter, Doll, Wheeler, Administrator Will Johnson, Jr., and Assistant Administrator Mark Detter.

 

RECONVENE

Commissioner Carpenter reconvened the Board at 11:45a.m.

 

ADJOURN

Commissioner Wheeler motioned to adjourn the meeting of the Board on November 30, 2004 at 11:50 a.m.  Commissioner Doll seconded the motion.  Motion carried 4-0.