Tuesday, January 8, 2002


Commission Chairman, Bill Shriver, called the Butler County Board of Commissioners to order. Present were Commissioners Randy Doll & Will Carpenter; County Administrator, Jay Newton and Commission Secretary, Marcy Zwall.



Commissioner Carpenter moved to approve the Butler County Commission Meeting minutes of Monday, January 7, 2002. Commissioner Doll seconded the motion. Motion carried 3-0.



Commissioner Doll moved to approve the Adds in the amount of +$3,404.86, and the Abates in the amount of -$19,847, with the approval #2080.  Commissioner Carpenter seconded the motion.  Motion carried 3-0.



Commissioner Carpenter moved to appoint Commissioner Randy Doll as the 2002 Commission Chairman, and Commissioner Bill Shriver as the 2002 Commission Vice-Chairman.  Commissioner Shriver seconded the motion.  Motion carried 3-0.



Commissioner Doll invited representatives from the 3 major newspapers in the County to give a brief presentation of what they would provide for the county and at what cost, should their paper be chosen as the official one for 2002.


Kay Palmer of the Andover Journal offered a 25% discount plus publication on their web site, free of charge.  She noted that it is a weekly paper circulated to over 2500 subscribers, which is about 50 more than the Augusta Gazette is. County Clerk Ron Roberts, as well as Administrator Newton, acknowledged that while a weekly publication is acceptable, it might cause a conflict for the departments who have deadlines to adhere to for their publications.


Len Hudson, Editor of the El Dorado Times, reminded the Board that last year all publications in the Augusta Gazette also appeared in the Times, free of charge.  He stated that, as a sister paper to the Gazette, should the Times be chosen, this benefit would continue.  He added that, if Ms. Palmer’s figures are correct, these papers cover almost 3 times more subscribers than the Journal.  Mr. Hudson also offered publication on their web site free of charge.  Further, he stated that, while he could not give the type of discount the Journal proposed, he could offer a 10% discount on legal publications only.  Commissioner Carpenter noted that with an estimated cost of $26,000 for legal publications, plus approximately $4,000 for each of the 3 papers for additional advertising, the 25% discount is almost lost.  Commissioner Shriver indicated he was comfortable with the final expenses of last year.  The Board agreed.

Commissioner Shriver moved to designate The El Dorado Times as the official County Newspaper for 2002, with the understanding that a 10% discount on legal publications will be provided, as well as free publication in The Augusta Gazette & on the Times’ web site.  Further the Andover Journal, and their web site, will be used for legal publications that apply to that area.

Commissioner Carpenter seconded the motion.  Motion carried 3-0.



Commissioner Shriver acknowledged that all banks, county wide, have been the official depositories in the past.  County Treasurer Neal Parrish stated that he was comfortable maintaining the depositories as they were.  Administrator Newton verified that this only gave all banks in the county the opportunity to keep county funds.  This did not mean that each institution would have some of the county’s money.

Commissioner Carpenter moved to designate all banks in the county as the official depositories for county funds.  Commissioner Shriver seconded the motion.  Motion carried 3-0.



Commissioner Shriver voiced his concern about some of the applications being incomplete.  Commissioner Carpenter agreed that all applications must be filled out completely.  Further, he recommended setting a deadline, such as December 15th for annual renewals, in order to ensure approval in a timely matter, since the licenses expire December 31st.  Mr. Newton added that many have yet to come in for approval.  In addition, Commissioner Carpenter commented that a deadline would permit the Board to approve the licenses of all existing businesses at one time.  Mr. Newton advised he would share these concerns with the County Clerk and the Sheriff, so they might notify the businesses.


Commissioner Shriver moved to defer 2002 CMB License #106 for Jeffie Rathburn, dba All Stop until the application was completed correctly.  Commissioner Carpenter seconded the motion.  Motion carried 3-0.


Commissioner Shriver moved to approve 2002 CMB License #105 for B&J Kwik Tote; and allow the Chair to sign.  Commissioner Carpenter seconded the motion.  Motion carried 3-0.


Commissioner Shriver moved to approve 2002 CMB License #107 for Joretta Vincent, dba Jody’s; and allow the Chair to sign.  Commissioner Carpenter seconded the motion.  Motion carried 3-0.



After reviewing the two bids submitted for the cleaning and painting of the EMS Station in El Dorado, Grant Helferich, EMS Director, recommended approving the one received from Fan-Dec Painting, Inc.  He informed the Board that it was recommended that this building be back-rolled, which the low bidder could not do.  Therefore, Fan-Dec met the specifications more adequately and was still under the budgeted amount of $15,000.

Commissioner Carpenter moved to accept the bid from Fan-Dec Painting, Inc. for painting the El Dorado EMS Station, in the amount of $13,890; subject to reviewing satisfactory references.

Commissioner Shriver seconded the motion.  Motion carried 3-0.



Todd Kennemer and Clarence Daggett, both of the Planning & Zoning Department, presented and reviewed a resolution, which would allow the County to recoup their expenses for cleaning up property that the owner has refused to.  Mr. Daggett specifically noted a case where a property has been cleaned up by the county in the past and is now back to the same shape it was.  This resolution was recommended by County Counselor Norman Manley, and would allow cost for the County to clean it up to be rolled back to the property’s taxes.

Commissioner Shriver moved to approve Resolution 02-01, which amends the 1999 Butler County Environmental Health Sanitary Code providing for the removal and abatement of nuisances and the assessment of costs associated with such abatement; and allow the Chair to sign.  Commissioner Carpenter seconded the motion.  Motion carried 3-0.



This item was moved to the agenda for Monday, January 7, 2002, due to a scheduling conflict for Riley Walters, Director of the Weed Department.



Jim Schmidt, Director of Emergency Management, presented and reviewed the restrictive covenants contained in Form II-11 Exhibit A of the Property Acquisition Handbook.  He informed the Board that FEMA requires these to be attached to the warranty deed prior to project close out.  Further, Mr. Schmidt noted that any and all filing fees would be reimbursed by FEMA.

Commissioner Doll requested to defer this item until next week to allow the attorney acquired specifically for the Bridlewood Buyout to review it.  He acknowledged that County Counselor Norman Manley has had an opportunity to read the Exhibit.  Mr. Schmidt explained that the Exhibit A is in the Handbook, and, if the attorney has the handbook, he has this information.  Further, he commented that the verbiage is merely a more detailed version of the 2 paragraphs (item #4c) already in the covenants.  Mr. Newton confirmed that, while he intends to make sure that the attorney has a copy, he does not feel it necessary to wait a week to approve these changes.

Commissioner Carpenter moved to approve the recommended changes in the Bridlewood Flood Buyout Properties’ in the restrictive covenants of the warranty deed; and allow the Chair to sign.

Commissioner Shriver seconded the motion.  Motion carried 3-0.



Darryl Lutz, County Engineer, presented and reviewed the engineering proposals for the SW 170th Street Project, which were received on December 18, 2001.  He acknowledged that all the firms submitting proposals are capable of providing the services; however, 3 have considerable experience with similar projects administered through KDOT.  Ultimately Mr. Lutz recommends Poe & Associates for this project.

Commissioner Shriver moved to award the work for professional engineering services related to the design of the SW 170th Street project, near Rose Hill, to Poe & Associations of Wichita, KS, in the amount of $57,500.  Commissioner Carpenter seconded the motion.  Motion carried 3-0.



Darryl Lutz, County Engineer, requested that this item be tabled, since he has yet to receive the appraiser’s report necessary to establish value for this acquisition.

Commissioner Doll moved to table this item until further information is received from the appraiser.  Commissioner Carpenter seconded the motion.  Motion carried 3-0.



Darryl Lutz, County Engineer, along with Karl Svaty of MKEC, presented & reviewed the final report for rehabilitating the Walnut River Bridge, east of Augusta, on SW 100th Street.  Mr. Svaty reiterated that the super structure of bridge was in very good condition, adding that the need for a new deck is imperative.  Further, he stated that the main decision needing to be made is the width of the bridge.  Mr. Lutz stressed the importance of a wider bridge, which is currently 24’.  Commissioner Shriver commented that he did not see the need for a 28’ bridge.  However, all Commissioners agreed that, due to high traffic, especially of large vehicles during harvesting season, a 26’ bridge is necessary.

Commissioner Shriver moved to accept the report presented by MKEC, approve a 26’ roadway deck with rehabilitation, and authorize Darryl Lutz to return with an engineering proposal.

Commissioner Carpenter seconded the motion.  Motion carried 3-0.



Mr. Newton, along with the Commissioners, voiced their concern about the $30/day, per prisoner, cost noted in this agreement, since all discussions and grant applications have been based on $52.  Moreover, all agreed the amount in the agreement was not realistic.  Mr. Newton requested Deputy US Marshall Ray Stewart advise the Board on this discrepancy.  Mr. Stewart announced that, after inquiring with headquarters, he discovered that this figure was used merely to ensure continuation of the paperwork.  He was told that the county would not be held to the $30/day figure.  Further, Mr. Stewart informed the Commissioners that, after the jail is complete and County inmates are housed, a month-long survey will be performed to establish an accurate figure, which he estimates to be comparable to Harvey County’s $54/day per prisoner.  The Board acknowledged that this might be the case; however, none of the Commissioners wished to sign a document locking them to the $30 figure.  Therefore, Commissioner Doll, with the support of the rest of the Board, amended the agreement.

Commissioner Doll moved to approve the Intergovernmental Service Agreement to house federal prisoners in the Butler County Jail, when it is completed, to state that “The per diem rate is to be determined at the completion of the jail construction”; and allow the Chair to sign.  Commissioner Shriver seconded the motion.  Motion carried 3-0.



Commissioner Shriver moved to recess into Executive Session at 10:40a.m. until 11:45a.m., to discuss matters of non-elected personnel.  Further, having no further business before the board, he moved to adjourn immediately following reconvening the Regular Session.  Commissioner Carpenter seconded the motion.  Motion carried 3-0.