Items of business presented before the Board of County Commissioners on Tuesday, December 17, 2019 began with a Mortgage Lot Split w/APO as submitted by Howard Trust on

property located at 18524 SW Hunter Rd. Douglass, Kansas.

David Alfaro, Director of Community Development, appeared before the board to discuss the recommendation for approval of the request.

According to Alfaro, “The applicant is proposing to split a 10+/- acre tract of land with the placement of a 30+/- APO on a portion of the remaining property. The property is primarily

used for farming activities and staff feels the request meets the criteria for such a split and it is felt it is appropriate to place an APO on the 30+/- acres.”

“An Agricultural Preservation Overlay (APO) is used in tracts zoned as Ag40 or Ag80 in rural areas. When a landowner wants to build a house, 5 or 10 acres are designated for that purpose and the APO designation ties up the other 30 acres, or 70 acres, to be preserved as farmland or grass and can never have another house built on it. However a barn may be built on the property.” said Alfaro.

The board approved the request.

Darryl Lutz, Director of Public Works appeared before the board to present a proposal by Finney & Turnipseed, in the amount of $18,750, to conduct the fracture critical bridge inspections for Butler County.

Butler County maintains 434 bridge-sized structures throughout the County, in addition to over 2,000 culvert-sized structures. Public agencies are required to inspect all bridges every 2 years and to conduct special inspections for bridges that are considered fracture critical.

According to Lutz, “Fracture critical refers to structures that do not have redundant structural features in the bridge superstructure, such that if one member fails the entire superstructure would fail.”

Typical examples of fracture critical bridges in Butler County would be the truss bridges and bridges that only have two girders supporting the superstructure. Butler County presently has 13 fracture critical bridges.

The proposal was approved.

Lutz also requested permission from the board to procure engineering services for the SW Ohio Street Road and SW 20th Street interchange, located 5 miles north of Augusta. The services would be evaluated through a qualifications based selection process.

Letters of interest and statements of qualifications from engineering firms interested in proposing on work to conduct an engineering study of the interchange were received by the board.

The firms submitting letters of interest along with their statements of qualifications were Tran Systems, MKEC, PEC and WSP. All firms are located in WIchita.

Commissioner Ed Myers volunteered to sit on the selection committee. The board received the letters and approved Myers as the commission’s representative on the committee.

Ryan Adkison, Assistant County Administrator and Finance Director, appeared before the board to request a public hearing be held on 2019 Budget amendment for the General, Landfill, EMS and Jail funds.

Since the annual operating budget is formulated well in advance of its execution, it is necessary sometimes to amend the budget. Kansas State Statute K.S.A. 79-2929(a) permits budget increases for previously un-budgeted increases through revenue other than ad valorem taxes. In order to amend a budget, the County must publish a notice of hearing to allow members of the public to provide comments, followed by a ten day waiting period.

All recommended budget amendments are for non-tax revenue being greater than the budget amount. Excess revenue in the Landfill, EMS and Jail funds are generally due to charges for service being above the budgeted amount. The General Fund amendment is due to 1) a starting balance of $1m because of the prior year Sales Tax Transfer in, 2) penalty and interest being about $300k above budget, 3) Investment earnings being about $600k above budget.

The adopted 2019 expenditures are $24,968,110 and the proposed amended expenditures are $28,003,481.

The budget amendment process is set per K.S.A. 79-2929(a).

A public hearing was opened by Chairman Murphy, and with no comments from the public, the hearing was closed.

The board approved the 2019 Budget amendment for the General, Landfill, EMS and Jail funds.

County Administrator Will Johnson, presented a request for the board to approve an updated Inter-agency/Nonprofit Agency Agreement with the Kansas Department of Corrections for an inmate work detail crew from Winfield Correctional Facility. From time to time, the Department of Corrections requests a new agreement to assist in refreshing the rules of the program with contracting organizations.

Johnson said, “Historically, the County has utilized inmate work detail crews from the Kansas Department of Corrections for projects and daily work around our facilities. Currently, the only work detail crew the County is utilizing is at the Landfill where there is a two man crew designated for assignment.”

Current inmate labor at the landfill offsets $60,000 annually in labor cost for the landfill operations.

Johnson said there is no cost to the citizens of Butler County and it saves money for the county. The board approved the request.

The last item of business before the board a request to authorize updated mutual aid agreements with the El Dorado Correctional Facility.(EDCF)

The EDCF and Butler County have had mutual aid agreements since the construction of the EDCF. These mutual aid agreements are a benefit to both the county and the EDCF and

address emergency situations.

“It’s a great community program and costs us “10,000 a year but is well worth it,” said Johnson.

These mutual aid agreements specifically limit the liability of both parties. These agreements are between the EDCF and Butler County 911, Butler County Emergency Medical

Services and Butler County Emergency Management. There have been minimal changes to the agreements.

The board approved the request.

Vouchers and Commission adds and abates were approved.