Lincoln Township Memo Clarification

After receiving approval from the Planning Commission, David Alfaro, Community Development Director, presented a request from Buller & Expedition Wind, LLC for a Conditional Use Permit (CUP) for the construction of an Electric Switching Station on property owned by Harvey Buller located at the West side of NW Highway 77 between NW 130th and NW 140th Streets and within Lincoln Township.

The switching station is a critical piece of infrastructure to ensure that the general public will have access to a reliable power source and part of a Wind Turbine Project being constructed in Marion County.  There will not be any Wind Turbines associated with the request as power from the Wind Farm will be transported via an electric line mounted on poles that will be placed within the Kansas Department of Transportation (KDOT) ‘right of way’ traveling from Marion County through Butler County and connecting at the switching station.  Once it reaches the site it will be connected to the Westar electric system and then placed on the grid. It was noted that none of the Township Roads will experience any construction traffic during the construction phase of the project and all associated equipment will be located within a fenced-in area.

Landowners within a 1,000′ radius of the project site were notified of the request, as required by state law, and three (3) individuals inquired about the project.  One of the individuals, Mike Cooper, also happens to sit on the Lincoln Township Board. According to Mr. Alfaro, Mr. Cooper requested some information associated with the project and it was provided to him.  Afterwards, a memo was distributed to landowners within Lincoln Township asserting false information. Mr. Alfaro brought the attention of the Board to the memo and addressed the questions raised within it.

Commissioner Myers addressed the issue of the memo and stated his confusion as to its origination, whether it came from Mr. and Mrs. Copper, private citizens or Lincoln Township.  Commissioner Woydziak asked Mr. Alfaro if the memo was on behalf of the Township or Mr. Cooper, as a private citizen. It was noted that, while the memo alluded to the fact it came from the Township Board, it was not the intention of the Lincoln Township Board to endorse Mr. Cooper’s claims.  

Mr Alfaro then responded to allegations by Mr. Cooper stating, “The following responses are to address questions raised by Mike Cooper…”

1) Why would they (Expedition Wind LLC) locate a substation in Butler County, rather than Marion County? 1 Switching Station will actually be located on the same footprint as the Windfarm in Marion Co. and the 2nd is being located in Butler Co. where it will provide an interconnection to the Electric Grid and its connection to WESTAR.

2) Why was the information requested only made available to a small group of people? KS State Statutes require notification to any and all landowners within a 1,000’ radius of a project site. That was notice was sent out as required by law. The only information requests I received was from a member of the Planning Commission, an Attorney representing the landowner directly across the highway to the East and Mr. Mike Cooper. In my discussion with Mr. Cooper I provided him copies of everything that I had as it related to the Project. In fact Mr. Cooper then went to the Co. Clerk’s Office and stated that I did NOT give him all the information related to the project and the only way any one can get that information is if you are a friend of mine.

I have been in either City or County government for 34 years and have NEVER been accused of withholding information and for Mr. Cooper to question my integrity like that really upsets me.

3) What tax revenue would be made available to Butler County from this project? The State of Kansas would be the agency that would assess the project and at this time I have no idea how much tax revenue Butler County would receive.

4) What would keep this company from putting a Windfarm in Butler County in the future, since the substation is already in existence? Former Gov. Brownback placed a Moratorium on the construction of Windfarms in the Flinthills and since the majority of Butler County is located in the Flinthills the chances of a project coming to or being approved is very slim!  And as stated, the Switching Station will provide an interconnection with Westar and therefore another Windfarm would not be able to connect to it.

5) Will this project require the installation of the large, rusty power poles along our property/roads? In speaking with Troy Bushman, with Expedition Wind, that piece of the project has not been engineered yet.

6) What is the time schedule for the proposed project? The earliest date to begin construction would be either July or August of 2019 with a go live date of approx. the end of 2020.

7) Will this substation be the “first foot in the door” in getting a windfarm in Butler County? Will say it again, the Gov. put a moratorium on Windfarms in the Flinthills so the chances are slim.

Mr. Alfaro added, “And as for the comment ‘it just smells fishy’, again I take offense to the comment and the allegation that I or anyone associated with this office is hiding any information.”

The Board asked questions in order to clarify the type of materials to be used in the project.  After hearing from representatives of Expedition Wind, the Board approved the CUP.

Read the full article on this week’s Board of Butler County Commissioners meeting.

 

Board of Butler County Commissioners | 3-19-19

Mr. Brian Riley of Integrated Plastics Solutions (IPS) appeared before the Board to provide an update on the progress IPS has made toward cleaning up the property located at 424 Industrial Road in El Dorado, and ask for a decrease in the landfill fees to help him with the costs of cleaning up.  He estimates having approximately 2.5 million pounds that will end up in the landfill. Mr. Riley requested the fee be reduced to $1/ton, which would only cover the state imposed tipping fee of $1/ton and not cover any of the costs incurred by Butler County.

The Board had previously extended a 50% reduction in fees to help IPS with the cost of clean up.  Commissioner Myers stated, “That is substantial reduction and now you’re asking to go all the way down to $1?  That is a 97% discount. I don’t think I can support $1/ton.” Commissioner Woydziak agreed stating, “I’m reluctant to go to $1/ton but I’m willing to move to $10/ton.”  

Mr. Riley also asked for an extension to continue cleaning property up.  With respect to the originally agreed upon deadline, Commissioner Myers noted, “Nothing has changed, all of the parameters are the same as December.”  Mr. Riley cited poor weather conditions, loss of employees, and landfill costs as hindrances to having the property cleaned up by the March 31 deadline.

Commissioner Wheeler asked the Board to consider, “Is it realistic to suppose that much [waste] can be taken in 4 weeks when only 250,000 pounds had been taken since December 1?”  He also wondered, “What kind of strain does this put on the landfill?” While Public Works Director Darryl Lutz did not immediately have an answer, he stated, “it sounds ambiguous to me, I don’t know.  125 tons is about a days amount of trash that comes to landfill [currently].”

It was decided to extend the deadline to Wednesday, May 1, 2019 and for Subtitle D fees be reduced from $15 to 10/ton with a maximum of 1500 tons, which equates to 3 million pounds, and only be the materials already onsite at IPS, with biweekly progress updates.  The motion carried 4-1, Murphy voted against.

Dan Rice, Executive Director for South Central Mental Health Counseling Center (SCMHCC) appeared before the Board to present the current list of board members recommended for re-appointment with the addition on two new board members.  The bylaws for SCMHCC require the appointment of not less than seven members from Butler County, Kansas to be appointed for terms of three (3) years by the Board of County Commissioners in accordance to the provisions of K.S.A 19-4002.  Membership of each governing board, as nearly as possible, shall be representative of public health, medical profession, the judiciary, public welfare, hospitals, mental health organizations and organizations for people with intellectual disability, education, rehabilitation, labor, business and civic groups and the general public. The governing board of a mental health center also shall include consumers of mental health services or representatives of mental health consumer groups and shall include family members of mentally ill persons.  The new members added to the board are Sarah Hoffman and John Black. The appointments were approved.

Darryl Lutz, Public Works Director, presented a request participate in the federal funds exchange program in order to receive available funds from Kansas Department of Transportation (KDOT) for the current federal fiscal year.  In 2011, KDOT ended the five-year plan process for federal aid funding of county road and bridge projects that utilize STP funds. In lieu of submitting projects to KDOT for federal aid funding, KDOT instituted a new program that allows KDOT to purchase the federal aid from Counties for 90 cents for every $1 of available funds.

This program allows counties in Kansas to build their own projects utilizing our own design standards and administrative requirements and be reimbursed from KDOT with state funds.  Last year was the fifth year that Butler County had a positive balance for which the county received approximately $327,000 based on a reduced exchange rate of 75 cents for every dollar of federal funds. The exchange rate for this year has been restored to 90 cents for every $1 of available federal funds. While the exchange has increased for this year, the amount of federal funds available has decreased by about $25,000.

The County has a balance of federal aid funds this federal fiscal year in the amount of $409,725.34. Based upon the exchange rate of 90 cents for $1, the County can receive up to $368,752.80 to be applied toward a project or projects this year.  The entire amount is allocated to fund road and bridge improvement projects in 2019. The money will be forwarded to Butler County as a reimbursement against any projects completed this year.

Mr. Lutz also presented a non-agenda action item to approve utility agreements related to a bridge replacement project.  The request was approved.

Bryce Flaming, residing in Commissioner Masterson’s District 1, was appointed to the Planning and Zoning Board.

During a work session, the Board discussed appointments to FIre District Boards and discussed complaints and questions that were submitted to the Commissioners by their constituents.  The statutes state that there can be between 3-7 members on fire boards. The Fire Chief is appointed by the Board and in some districts, the Fire Chief can also sit on the board.

Vouchers, adds and abates were approved.

 

Board of Butler County Commissioners | March 12, 2019

In response to County Detention Facility financial difficulties, the Commission adopted the “Detention Facility Revenue Incentive Policy” in 2017 to: “…align the Detention Facility operations with county tax payers by incentivizing the Detention Facility and its staff to focus of housing revenue generating inmates in a safe and efficient way.”  The policy goes on to state: “all Detention Facilit(ies) employees will be offered a bonus payment based on the total actual non-tax, fee related Detention Facility revenue that was received in the prior year (budget year) compared to the budgeted amount for the prior year…” Additionally, the policy calls for a calculation each February after the audit is completed. The first year of this policy was applicable to is 2018.

The County Jail fell short of meeting the budgeted revenue by $177,497. This calculation, however, does not tell the full story. The first quarter of 2018 looked to be a repeat of 2017, where the county was required to transfer over $500,000 from the General Fund into the Jail Fund because of fee revenue shortages. However, the Detention Facility and its staff shifted their focus to housing revenue generating inmates in a safe and efficient way and revenue generating inmates began increasing around April or May of 2018.  The jail fee revenue trended upward until in July it matched the budgeted revenue amount.

The willingness of jail management to increase revenue inmates was at least partially due to turnover in a few key management positions. No doubt reversing the low revenue numbers of the first quarter took much planning and effort by all jail staff, especially considering the effects of low, although better than before, staffing levels, which resulted in mandatory overtime.  Because of these unique circumstances, it was recommended to remunerate the County Jail, in the amount of $20,000, to be distributed per the Detention Facility Revenue Incentive Policy.

Due to the fact that excessive amounts of overtime are required throughout the Kansas Department of Corrections, Captain Floyd Hunt stated “It’s hard to keep people on.”

“We appreciate you and your staff and what you do out there,” shared Commissioner Woydziak.  Payment of $20,000 to the Jail staff to be distributed per the Detention Facility Revenue Incentive Policy was approved.

Also on the agenda,  The Kansas Governor’s One-Shot Turkey Hunt requested funding from the Board, again, for this year’s event. The annual event is a key tourist activity in Butler County has been modeled nationally.  The financial assistance presents a progressive stance in economic development activities in Butler County to the visitors of the hunt. Advertising to individuals attending this event is essential in the creation of economic development activities. The $5000 will go towards a portfolio that is handed out to those participating and/or attending the event and its various functions. Contact information about Butler County  and the Economic Development Department is included on the portfolio. The request was approved, 4-0, Masterson was not present.

Jamie Downs, Director, Butler County Health Department, appeared before the Board to request annual subscription renewal for Champ Software Nightingale Notes Agreement, which is the electronic health record software utilized by the Health Department. With the aid of the software, the staff has improved client management, scheduling, reporting processes and billing procedures that comply with State requirements for documentation and insurance companies that have moved to electronic claim submissions. The software is also connected to the Kansas Immunization Registry and gives staff the ability to access real time immunization information and to input immunizations in to the registry immediately after administration with lot numbers to provide tracking of vaccine.

Ms. Downs was asked about the numbers of immunizations reported, this year, including influenza.  She noted that all vaccinations have stayed steady this year, however, influenza is not a reportable disease and they do not track that information.  The payment of $16,149.00 to Champ Software, Inc. for the annual subscription fee for 5 concurrent licenses to Nightingale Notes for the Butler County Health Department was approved.

Chad Leep from Computer Services, appeared to request the approval of the financing agreement to expand and upgrade as well as upgrade the core switch for Butler County’s Storage Area Network (SAN).  The SAN is the general repository for all of the county’s data. The County is adding approximately 10 Gigabytes of data to the SANs every day. It is estimated that the SAN is within 3-6 months of capacity and storage expansion is needed to continue operations. There is a planned SAN upgrade in 2021 however, the space issues currently being faced have caused the need to more the time table up. With the rapid growth of the County Attorney’s JustWare software attachment and document repository, Butler County’s core switches are no longer supported and have reached their end of service.

After much discussion on storage options and the fact that the current yearly support cost of $20,000 is expected to increase significantly after the 2019 support year, the request was approved.

A request from Kansas Department of Transportation (KDOT) was submitted to treat noxious weeds along state highways within the County’s boundaries. Butler County has treated noxious weeds under agreement with KDOT for many years.

The agreement stipulates that KDOT will reimburse chemicals used at the County’s actual cost and the cost of equipment and labor used will be based upon a competitive proposal process.   It was noted that an additional income of $8929.75 brought in last year, through this agreement. The request was approved.

Darryl Lutz, Director of Public Works appeared to request approval of the Annual Butler County Cleanup Program.  Each year Butler County sponsors a County-wide cleanup program for cities and the County at-large. The program is aimed at giving citizens an opportunity to clean up their properties and dispose of accepted waste at the landfill for a reduced nominal cost.  This year, the program is scheduled for the week of April 20th through April 27th, to coincide with Earth Day, which is Monday, April 22nd. The request was approved.

Mr. Lutz also submitted a non-agenda item requesting approval for sign post purchase and installation.  The requested 500 posts, their bases and reinforcers will cost $15,465. The request was approved.

The new Emergency Medical Services (EMS) Director, Frank Williams, was officially introduced to the Board.  His first day on the job was Monday, March 11th. Scott Stueven appeared with him and was acknowledged for his leadership during the interim.

Ryan Adkison, Assistant County Administrator, appeared before the Board to give the 2018 Fourth Quarter (2018-Q4) Financial/Management Report. Board of Butler County Commissioners receive quarterly financial/management reports as part of the County’s overall transparency and management process.  Information presented in this report is considered by the Board during the formulation and implementation of the Capital Improvement Program (CIP) and the operating budget as well as other important decisions affecting the County’s operations. The report was accepted. Vouchers, adds and abates were approved.  

 

Hemp Farming in Butler County

Board of Butler County Commissioners held a work session, in which Dana Ladner with Kansas Dept of Agriculture spoke before the Commission to discuss industrial hemp rules and regulations and how the legality of hemp farming affects Butler County.  

Dana Ladner from Kansas Department of Agriculture presenting to the Board of Butler County Commissioners.

On February 8, applications went live with a short window to apply for the “pilot research program.”  March 1st is the deadline for applications, with a fee of $200 due. Once accepted into the program, there is an annual licensing fee which varies by type.  The license fee for a Grower is $1000; Distributor is $2000; Processor is $3000.  Licensees will also be subject to sampling, testing, and modification fees.  She noted that seed selection is critical in growing a crop of THC free (- .3%) hemp.

Rick Gash of Hemp Development Group appearing before the Board.

Also appearing before the Commission was Rick Gash.  Mr. Gash was involved in a near-fatal motor vehicle accident a year ago on Father’s Day.  He credits his survival to God but his rescue from pain pills to his wife, Stacy. It was at her suggestion that the Gash’s began their journey to become industrial hemp farmers and founded the Hemp Development Group to help farmers, distributors, processors, manufacturers and retailers build industry infrastructure which in turn will not only help Butler County and Kansas but the USA and beyond.  He and his wife plan to begin growing industrial hemp on their Butler County farm this year with acceptance into the “pilot” program.

Commissioner Myers asked if everyone licensed through this program is designated as doing research. Ms. Ladner confirmed that then-Governor Jeff Colyer, M.D. signed Senate Bill 263 (now K.S.A. 2-3901 et seq.) in April 2018, which enacted the Alternative Crop Research Act allowing the Kansas Department of Agriculture to oversee the cultivation of industrial hemp in a research program.  She also stated, they currently have “no clue” as to the economic impact on Kansas, as an end product is needed.

With a growing season of approximately four (4) months for a crop that is proven to be drought resistant, reports on the economic impact could be available after only one growing year.  Per acre, it produces four times as much paper as trees, which take many years to reach maturity for harvest.

The Commission approved Charter Resolution No. HR-19-01 which exempts Butler County from certain provisions of K.S.A. 65-201, specifically a portion of K.S.A. 65-202 which require County Health Officials in Kansas to perform sanitary inspections of all school buildings and grounds residing in a county.  Failure to enact the resolution would require the County to start performing the inspections at all school facilities in Butler County, which our Health Department is not staffed to perform.

Ryan Adkison, Assistant County Administrator presented the 2018 Annual Purchasing Card Report and Audit.

Public Works Director, Darryl Lutz, presented an informational session on the Kansas Bridge Load Rating Program.  The Kansas Department of Transportation is undertaking a multiyear project to re-load rate every local bridge in the state of Kansas as part of a requirement being made by Federal Highway Administration. No action was taken at the present time. Ultimately, decisions will need to be made for possible funding for additional maintenance and bridge replacement work.

Vouchers, adds, and abates were approved.  County Administrator Will Johnson informed the Board that Christy Davis, Executive Director for Symphony in Flint Hills is resigning.  He reminded the Commissioners they will be visiting the Douglass Senior Center next Tuesday, February 26th following the Commission meeting and there will be no meeting on March 5th.  

Plummer Issues Invitation

One year ago, Jean Plummer was planning the very first Butler County First Responder Appreciation Day.  Two days prior to the event, she had a heart attack. It was because of the care, concern and quick action of the First Responders on that day, that she was able to appear before the Commission this year and invite them to the Second Annual Butler County First Responder Appreciation Day.  

 

Jean Plummer invites the Board of Butler County Commissioners to the First Responder Appreciation Day Dinner.

 

“It is an indication that we never know when we may need their services,” states Mrs. Plummer.  

The First Responders Appreciation Day Dinner will be held at the El Dorado Civic Center on Saturday, February 23rd at 6:30 P.M.  The guest speaker will be Attorney General Derek Schmidt. This event is open to the public and free of charge. It is sponsored by Carlson Colonial and Kirby-Morris Funeral Homes.  

Mrs. Plummer expressed gratitude for the assistance she received from Emergency Management Director, Keri Korthals and Butler County Sheriff’s Clerk, Jamee Warren in preparing for the event.  

David Alfaro, Butler County Community Development Director, appeared before the Commissioners informing them of the first Industrial Hemp farm to be established in Butler County.  A work session is planned for the next Board meeting on Tuesday, February 19th at 9:00 A.M. in the County Commission Room located on the fourth floor of the Butler County Historic Courthouse.

David Alfaro informing the Board of a future Industrial Hemp farm to be established in Butler County.

 

Butler County Administrator, Will Johnson shared highlights from the meeting with El Dorado Inc. and Mr. Richard Smith, the property owner.  Mr. Smith owns the property where Integrated Plastics Solutions, Inc (IPS) is located. He was made aware of the consequences associated with being the property owner should IPS fail to clean up and evacuate the property by the March 31st deadline.

The Commissioners discussed financial options available to IPS to help get the property cleaned up. They approved a 50% reduction in tipping fee (landfill fee) for IPS, to expire March 31st in alignment with the deadline. As there is no hazardous waste on IPS property, it was agreed that all of the materials could go to the landfill.

The Commissioners will be meet with legislators in Topeka, on Wednesday, February 13th.  They will be holding their annual meeting to discuss Butler County’s Legislative Priorities.

Changes in elections laws effective January 1, 2019, and impacting Butler County’s auditing of elections would require replacing all voting machines at a cost of $750-800,00, to be in compliance.  New machines are not a currently budgeted to be replaced but County Clerk Tatum Stafford noted they can be used for the next election, which is a Special Election, but Butler County will need to have the new voting machines in place by the General Election, to be held in November 2019.  A recommendation was made to bring a financing plan back to the Commission within the next 30 days.

Melissa Riley, HR Director was recently recognized by the Wichita Business Journal with a 2019 HR Professionals Award.  Ms. Riley was acknowledged as one of 25 “Human Resource professionals who often go beyond their job descriptions to serve the best interests of their companies and employees.”

Melissa Riley, HR Director, with Board Chairman Commissioner Marc Murphy was recently recognized by Wichita Business Journal.

 

The Wichita Business Journal only recognized 25 leaders with the 2019 HR Professionals Awards.

2018 Annual Purchasing Card Report/ Audit NEW 2018 PCard audit presentation was tabled for one week. Vouchers were approved as were adds and abates.  Misty Bruckner from WSU met with the Commission during a Strategic Planning Work Session following the regular meeting.

The Courthouse will be closed on Monday, February 18th in honor of President’s Day.