Allen County Commissioners' Meeting Minutes

IOLA, KANSAS
OFFICE OF THE ALLEN COUNTY CLERK
June 21, 2000

The Allen County Board of Commissioners met in regular session at 8:30 a.m. with Chairperson Dick Works, Commissioner Jean M. Barber, Commissioner Kent Thompson, and Sherrie L. Riebel, County Clerk.

Commissioners corrected and approved the minutes of the June 14, 2000 meeting.

Sandra Drake, Allen County Appraiser, discussed Ivan Strickler's grievance appeal for back taxes. Sandra presented documentation from state. Commissioners reviewed a flow chart of the process of payment of ad valorem taxes under protest. Discussion followed. Alan Weber, Allen County Counselor, discussed the statute of limitations. He advised the Commissioners they have no jurisdiction on the action due to the law. No action was taken at this time.

Dan Kline, Tri Valley Developmental Services Executive Director, presented 2001 Budget request for $56,100.00. Budget year 2000 was for $51,000.00. Mr. Kline had statistics for the current status of employment and service, he explained any questions. No action was taken at this time, Commissioners will review when they review the total budget.

Mr. Kline explained the campaign to raise $500,000.00 to purchase duplexes within the City of Iola.

Tim Kent, Allgeier, Martin & Associates Project Manager, discussed the new regulations from KDHE. The landfill has two quawa fills, one shallow and one deep. The deep one has been being monitored but the shallow one has not. KDHE is requiring the shallow one be monitored. There are two wells for the deep quawafill close to the new cell. Mr. Kent advised the Commissioners to drill five new wells, moving the two close to the new cell and drilling wells for the shallow quawafill. Mr. Kent explained the different layers of rock, the benefits and coincidences of not drilling new wells.

Mr. Kent reported he will be going to work for Don Fleury & Associates, Inc., Pittsburg, KS. He requested to continue serving Allen County at the landfill at $65.00 per hour. No action was taken at this time.

Bill King, Public Works Director, discussed the farmland at the landfill. He reported the old hanger at the airport had been damaged in the last wind storm. He requested to advertise to have part of the hanger torn down for the material.

Commissioner Works moved to go into executive session for 10 minutes to discuss non elected personnel. Commissioner Thompson seconded, motion passed 3-0-0. Those present in the room will be Commissioner Works, Commissioner Barber, Commissioner Thompson, Clerk Riebel and Bill King, Public Works Director. The time is now 9:44. Commissioners came out of executive session at 9:54 a.m. No action was taken.

Bill reported he had two mower positions open. He requested to hire two seasonal workers to cover these positions. Commissioners approved.

Bill discussed Craig Michael getting his CDL licenses. No action was taken at this time.

Bill discussed the low water bridge on Montana Road. He discussed current major collector rural roads, he presented a map of proposed changes. The low water bridge handles 250 to 300 vehicles per day and at times this increases to 500 to 1000 vehicles per day.

Bill discussed the Health and Safety proposal for $45.00 dollars per new first aid kit for 10 vehicles. Commissioners approved.

Jerry Williams, Southeast Kansas Area Agency on Aging, Inc. Executive Director, requested $1,035.00 for Budget year 2001, which is the same as 2000 Budget. Mr. Williams explained the request from Allen County is a portion for matching funds for state grants. Mr. Williams reviewed each of the different services offered by SEKAAA. There are 15 different services funded by state grants. He explained the largest service offered by SEKAAA would be the Case Management Service at 161 per Allen County. Commissioners discussed case management services. Mr. Williams explained there is a 17 page assessment to determine income and frailty of the individual. Mr. Williams discussed other legislative decisions that will effect Allen County and SEKAAA. Commissioners discussed the services of those needing help that are under 65. Mr. Williams stated there are several providers such as Tri Valley, Resource Center for Independent Living, SRS.

Ivan Strickler, Tom Strickler, Allen County citizens, Alan Weber, Allen County Counselor, Sandra Drake, Allen County Appraiser, discussed the appeals process on Ivan Strickler's grievance appeal for back taxes. Ivan Strickler explained he had visited with the County Attorney and Assistant County Attorney, they told him the commissioners had the authority to abate the taxes. Discussion followed. Statutes were reviewed. Ivan Strickler presented documentation from 1989 on reappraisal, appealed it in 1994, and again in 1995. Commissioners had previously approved the abatement on 1999, 1998 and 1997. The state has approved the abatements on 1996 and 1995. Ivan's request is for an abatement on years 1994, 1993 & 1992. Commissioners by statute cannot approve the abatement on years 1994, 1993 & 1992 without breaking the law. Ivan discussed with a Mr. Coons from state advising him to file an appeal with Board of Tax Appeal (BOTA) within 15 days (K.S.A. 74-2426, 77-529 and 77-601 et seq.) Then the Judicial Review of BOTA decision must be filed with the District Court within 30 days (K.S.A. 77-601 et seq.) Ivan will appeal to BOTA.

John Feeback, Fagen Company, discussed labor included within the contract with Fagen. The contract covers the chiller downstairs. Service response was discussed.

Commissioners reviewed bids on fire extinguishers. Bids were received from E - Kan, Plattner Welding Supplies, Inc., and Marmic Fire and Safety Company. Commissioners will review and make a decision at a later date.

Commissioner Barber moved to approve CIC contract for support and enhancements for 2001. Commissioner Thompson seconded, motion passed 3-0-0. Commissioner Works signed the annual peopleware agreement.

Commissioner Barber moved to approve resolution number 200010. To read as:

WHEREAS, the Kansas Legislature adopted Sub. HB 2864 requiring that all public agencies covered by the Open Records Act appoint a Local Freedom of Information Officer; and

WHEREAS, the Board of Allen County Commissioners believe the appointment of a Freedom of Information Officer to assist the public with its open records needs is good for public service and facilitates the public policy of open government.

NOW THEREFORE, be it resolved by the Board of Allen County Commissioners meeting in regular session this 21st day of June, 2000:

Section 1: Appointment. Allen County Clerk is hereby appointed as the Freedom of Information Officer for Allen County and is charged with all of the statutory duties prescribed by Sub. HB 2864 and set forth in Section 2.

Section 2: Duties. The Freedom of Information Officer or the officer's designee shall:

a. Prepare and provide educational materials and information concerning the open records act;

b. be available to assist the county and members of the general public to resolve disputes relating to the open records act;

c. respond to inquiries relating to the open records act;

d. establish the requirements for the content, size, shape and other physical characteristics of a brochure required to be displayed or distributed or otherwise make available to the public under the open records act. In establishing such requirements for the content of the brochure, the local freedom of information officer shall include plainly written basic information about the rights of the requestor, the responsibilities of the public agency, and the procedures for inspecting and obtaining a copy of public records under the open records act.

Commissioner Thompson seconded, motion passed 3-0-0.

David Beck, Emergency Preparedness Director introduced Max Gough, Co-director, from Neosho County.

Commissioners will attend the Jail Committee meeting on June 22, 2000 at 7:00 p.m..

Commissioners discussed budgets for 2001 for the county. Commissioners will review and make a decision at a later date.

Commissioners were asked to reconsider the request to install a light at the Vegetation Colony rock and flag. Commissioners denied the request.

Commissioners approved the following documents:

a) Clerk's Journal Entries #

With no further business to come before the board, the meeting was adjourned until June 28, 2000, at 8:30 a.m. in the commission room of the courthouse.

Please remember, minutes are unofficial until approved by the commissioners' at their next meeting.