BUTLER COUNTY BOARD OF COMMISSIONERS Tuesday, September 10, 2013

Transcription

1 BUTLER COUNTY BOARD OF COMMISSIONERS Tuesday, September 10, 2013 CALL TO ORDER Chairman Dan Woydziak called the Butler County Board of Commissioners to order at 9:00 a.m. Present were Commissioner Jeff Masterson, Commissioner Ed Myers, Commissioner Peggy Palmer, Commissioner Mike Wheeler, County Administrator Will Johnson, and Clerk Recorder Vickie Cooper. APPROVAL OF MINUTES Commissioner Masterson asked for the minutes to be either a full transcript or a summary and less editorialized. Will Johnson, County Administrator, stated the minutes are to reflect the meeting overall and not specifics. The tapes of the meetings are online computer files, recorded and posted on the website for public review. Commissioner Woydziak noted anyone recording minutes may have different writing styles and the minutes are recognizably lengthier. Commissioner Palmer stated more information is important to have, especially for and from the citizens for a complete historical record. Commissioner Myers was supportive of the information in the minutes. Don Engels, County Clerk, and Will Johnson, County Administrator, will meet to discuss the style of minutes produced going forward and investigate the costs and availability of software for producing the minutes. Commissioner Palmer motioned to approve the minutes of the Butler County Commission meeting of Tuesday, September 3, Commissioner Myers seconded the motion. Motion carried 3-2. Commissioners Masterson and Wheeler were opposed because, in their opinion, they felt that the minutes were too lengthy and they should be more concise. PUBLIC COMMENTS No public comments. (Audio 12:08) ITEM #1 RECEIVE GARY AND MYRNA ROGERS Myrna Rogers, President of the Leonard Whitehill American Legion Unit 189, Augusta Kansas, came before the Board to present information about their Auxiliary s community service project. The American Legion Unit 189 developed a project, beginning to raise $5, for the new Sunlight Children s Home, providing educational materials for children once the new home is completed. The home provides a safe haven for abused children, in Butler, Greenwood, and Elk Counties. The approved project will begin October 26, The theme for the fundraising project is Step Up Help a Child. This month more than 89 children in Butler County, will be reported as victims of child abuse or neglect. Mrs. Rogers showed the Commission a hand-stitched quilt made from men s neck ties, by the ladies auxiliary. A donation of $2.00 will allow individuals the opportunity to become the owner of the quilt. The winner of the drawing will be announced at the August 2014 meeting. Mrs. Rogers asked the Commission for their support by providing a list of community events to further promote this fundraiser. Commissioner Woydziak asked the County Administrator to provide event dates and help with fees to cover booth rental if needed. Page 1 of 6

2 (Audio 19:41) Gary Rogers, Commander of the American Legion of the Butler County Council and Chairman of Butler County Council Government Day, came before the Board to present information about this year s American Legion Government Day Program, being held on November 19. The Butler County American Legion Council includes posts from Andover, Augusta, Whitewater, and El Dorado. Annual Government Day is a major project for the council and is funded, primarily, by annual assessments submitted by post members. The post s general fund will not cover the costs o f the two annual Government Day events, required to host the number of students involved. As a result, Mr. Rogers requested $1,700 to help cover increased administrative costs. The next Government Day will be held in the spring. Commissioner Woydziak asked for a recommendation by the County Administrator about available funds to cover increased costs requested for Butler County Government Day. There is consensus by the Board to help fund this event and the Board will contact Mr. Rogers when a funding mechanism is defined and the project is discussed further. (Audio 27:25) ITEM #2 CONSIDER THE TABLED ITEM REGARDING A BUILDING IN ANDOVER THAT WAS DEMOLISHED David Miller, 2025 N Ruger Ct, Andover, Kansas, speaking on behalf of HMA Properties, came before the Board to discuss a building in Andover that was demolished by the County. Mr. Miller shared information about the said property, building, railroad easements and adjacent properties involved. Mr. Miller presented a property deed, registered, September 3, 2013, showing the he (Mr. Miller) as the property owner. The right-of way was owned by Butler County at the time of the demolition. County Administrator, Will Johnson, said the American Trails Act provision states that when a privately held land containing an abandoned railway, with a projected use for trails, the owner(s) will be compensated for the property used. He added that if the property is not utilized, typically the property goes back to the owners. After much discussion about the railroad leased property in question and the County s Quit Claim Deed of the railroad property and trails rights, Commissioner Woydziak asked for a summary of the request before the Board. Mr. Miller requested compensation for the loss of the demolished building, (replacement cost of a like-sized building), landscaping, plus the lost storage rental (building use was storage rental prior to demolition), for a total compensation of $50,000. Mr. Miller offered the Board the opportunity to view a video tape of a City of Andover meeting describing further the Quit Claim Deed. Frank Miller, 2549 SW 60 th, El Dorado KS, representing HMA Properties LLC, 1627 N Andover Rd. Andover KS, stated the buildings were owned by the railroad and the builder of the demolished building, Larry Leatherman, is present to answer any questions you may have about the building. Commissioner Palmer asked to contact the County Attorney to discuss this matter. Commissioner Woydziak stated that the Board will take this under advisement after discussion with the County Attorney and contact Mr. Miller at the time we consider the formal vote on Mr. Millers request. (Audio 41:10) ITEM #3 SET PUBLIC HEARING DATE OF SEPTEMBER 24, 2013 TO ALLOW FOR PUBLIC COMMENT ON MID-KANSAS COOP S REQUEST OF $6,000,000 IN INDUSTRIAL REVENUE BONDS (IRBs) FOR THE CONSTRUCTION OF A NEW GRAIN ELEVATOR ON LAND LOCATED AT HIGHWAY 254 AND BUTLER ROAD Page 2 of 6

3 David A. Alfaro, Butler County Economic Development Director, came before the Board to request September 24, 2013 be set for a public hearing on this issue. Mr. Alfaro stated that cities and counties use IRB s as a funding method for economic development. Butler County offers economic development incentives to companies using IRB s. Although the net benefit to the County is favorable, the Board expressed further concerns. Commissioner Myers concerns included the weight of grain hauling trucks and the wear to Butler Rd. along with the possibility for traffic signal installation for safety. An additional concern included the cost benefit analysis which did not reflect projected infrastructure costs for road maintenance along with tax abatement policy requirements for increasing and maintaining an employment level of 5 employees. Commissioner Woydziak motioned to set a public hearing date of September 24, 2013 to allow for public comment on Mid-Kansas Coop s request of $6,000,000 in industrial revenue bonds (IRB s) for the construction of a new grain elevator on land located at Highway 254 and Butler Road. Commissioner Masterson seconded the motion. Motion carried 4-1. Commissioner Palmer was opposed the motion. RECESS Commissioner Woydziak announced there will be a 5 minute break at 10:11 am. RECONVENE Commissioner Woydziak reconvened the meeting at 10:16 am. (Audio 1:11:45) ITEM #4 CONSIDER APPROVAL OF A RECOMMENDATION TO PURCHASE 2 PNUEMATIC RUBBER TIRED ROLLERS FOR THE HIGHWAY DIVISION OF THE PUBLIC WORKS DEPARTMENT Darryl Lutz, Butler County Engineer, PE., came before the Board to present a recommendation for the proposed purchase of 2 pneumatic rubber tired rollers for the highway division of the Public Works Department. Mr. Lutz evaluated the bids that met the specifications, Hamm Rollers (Murphy Tractor) and the Caterpillar Rollers (Foley Equipment). After consideration, including field trials with both Hamm and Cat Rollers, the recommendation was to buy two new Caterpillar Rollers which came in as the lowest bid at $278, Commissioner Masterson motioned to approve the purchase of 2 pneumatic rubber tired rollers for the highway division of the public works department based on the recommendation by our professional staff from Foley Equipment for $278, Commissioner Wheeler seconded the motion. Motion carried 5-0. (Audio 1:29:33) ITEM #7 Crystal Noles, Butler County Department of Aging, came before the Board to recommend the approval of the Title VI plan. Crystal Noles, Butler County Dept. on Aging, recommended the Board of Commissioners approve the Title VI Plan. Kansas Department of Transportation requires that all recipients of Federal & State funding adopt a Title VI Plan, (part of the 1964 Civil Rights Act). This plan requires notice to the public that Butler County does not discriminate and provides a formal avenue for complaints for those who feel their civil rights have been violated. The County also must provide a Limited English Proficiency Plan to address bilingual language needs such as translation services. Prior to this plan the County posted this Page 3 of 6

4 information through posters. Commissioner Masterson motioned to approve the Title VI Plan as presented. Commissioner Woydziak seconded the motion. Motion carried 5-0. (Audio 1:33:55) ITEM #5 WORK SESSION FOLLOW UP DISCUSSION REGARDING THE PROPOSED PERMIT MODIFICATION FOR THE BUTLER COUNTY LANDFILL Darryl Lutz, Butler County Engineer, PE. presented an historical timeline for the landfill permit beginning in 2009 and addressed concerns previously presented by the Board. He presented landfill detail using map illustrations showing the landfill location, elevations, and landscape topographical features. The main feature described was the modification to fill the proposed gap to connect the two areas of the landfill. The map also shows the design elevations and contours of the current and the proposed landfill. Mr. Lutz further described the cost of the liner design, noting that it is most cost effective to use the current liner already installed. This will increase the life of the landfill. Other concerns addressed were the increased height of the landfill and the rate it will increase. Mr. Lutz described the profile of the earthen mound will begin to rise gradually but that the initial footprint needed to be established first and the 50 foot rise will happen gradually (over more than 40 years or longer). Commissioner Masterson reminded the Board that the Solid Waste Planning Commission recommended that a full mil levy be dedicated to the landfill for it to be self-sustaining. We may need to revisit the mil levy. Further discussion was held about bringing in trash from other sources to help offset operating costs. Commissioner Woydziak mentioned how much research has been spent in the Quad-County area, covering methods of re-cycling; trash compacting and converting trash to gas, and alternate methods to optimize the landfill. Mr. Lutz asked the Board to define more questions to prepare detailed answers for future work sessions. Commissioner Woydziak asked the Board to prepare further questions for Mr. Lutz. (Audio 2:34) PUBLIC COMMENTS: Vickie Schwemmer, 4913 SW Boyer Rd., El Dorado, Kansas, came before the Board to ask if the landfill will be expanded as a regional use landfill to include more than just Butler County residents. She stated another concern is the current liner able to handle additional weight of the trash. She asked if the fill dirt is transported by scraper versus using a haul truck for cost efficiencies and dust control. She closed stating the Board should consider the borrow dirt from additional land. Commissioner W stated he finds the constituents want the landfill to be optimized, to take maximum use of the existing landfill without taking additional land or finding another location for an additional landfill. RECESS Commissioner Woydziak announced there will be a 2 minute break at 11:40 am. RECONVENE Commissioner Woydziak reconvened the meeting at 11:42 am. (Audio 2:41) ITEM #6 WORK SESSION AUDIT RFP Brandon Kauffman, Butler County Finance Director, came before the Board discuss if we need an RFP for the state-required annual audit. The County also need an Audit of Federal Awards receives over $500,000 in federal funds. The Finance Director received three proposals, after a Page 4 of 6

5 state-wide search of more than 20 auditing firms, to conduct the governmental audit by April 1 st. Allen, Gibbs & Houlik, the County s current auditor (AGH), has proposed an extension of two one-year renewals with a 3% escalator. Commissioner Woydziak requested that the two-year extension, offered by AGH, be discussed further with them and that the information be brought back before the Board for further discussion. No action was taken. VOUCHERS Approval of Vouchers Commissioner Wheeler motioned to approve the vouchers for $323, Commissioner Masterson seconded the motion. Motion carried 5-0 COMMISSION ADDS & ABATES Commissioner Wheeler motioned to approve Abates dated September 10, 2013, for the amount of $32, Commissioner Woydziak seconded the motion. There were no Adds to approve. Motion carried 5-0. OTHER ITEMS OF BUSINESS TO COME BEFORE THE BOARD OF COUNTY COMMISSIONERS Commissioner Masterson spoke about The Quad-City Meeting. The Commissioners went to the NIAR Center (formerly known as the Kansas Coliseum). The NIAR Center is a very impressive operation and shows a beneficial reuse of an existing building. Commissioner Masterson requested a report to show the county costs involved with parolee management. Effective July 1, 2013, Sedgwick County community corrections have to check into the county jail according to Sedgwick County Commissioner Westphal. The requested report needs to show how this could affect Butler County. Commissioner Woydziak discovered at the Quad-County meeting that there will be more local funding required for transportation projects in the future. County Admininistrator Will Johnson attended the KDOT Summit. A futurist spoke about fueling cars and ideas for generating revenue from fuel consumption. KAC Conference will be held October 29, 30 and 31 in Wichita, Kansas. County Admininistrator Will Johnson asked that Faith Builders be placed on the agenda to talk about their work with human trafficking issue. County Admininistrator Will Johnson stated that the homestead lot split procedure needs to be placed on the agenda. County Admininistrator Will Johnson will be taking some time off this week for moving his home and family. PUBLIC COMMENTS: Page 5 of 6

6 Chris Bodecker, 1945 NW Butler Road, Benton and area rancher/farmer, came before the Board to comment on three items of business. He stated his support for the proposed grain elevator in Benton Kansas. Mr. Bodecker also asked the Commissioners to compile an internal audit to reflect the actions taken about the previously mentioned, Andover property, ownership title, and building destruction that was presented today. He made final comments about his support of the landfill, stating his previous knowledge and expertise on landfill design. ADJOURNMENT Commissioner Woydziak motioned to adjourn the meeting of the Board at 12:19 p.m. Commissioner Wheeler seconded the motion. Motion carried 5-0. Page 6 of 6