IOLA, KANSAS
OFFICE OF THE ALLEN COUNTY CLERK
July 31, 2001
The Allen County
Board of Commissioners met in regular session at 8:30 a.m. with
Chairperson Kent Thompson, Commissioner Dick Works, Commissioner Walt
Regehr, Jr, and Sherrie L. Riebel, County Clerk.
Commissioners
corrected and approved the minutes of the July 24, 2001 meeting.
Bill King, Public
Works Director, discussed the paving machine and how it is working on
county roads.
Bill discussed
the bridge south of Iola on old 169 Hwy loosing pavement all the way
through the bridge. A letter had been forwarded to Kansas Department of
Transportation requesting urgent maintenance of the bridge.
Bill discussed
the county purchasing a pug mill, which mixes water and rock for road
maintenance. A new machine would have the capability to mix calcium with
the rock and water. Commissioners requested Bill to check on the prices.
Bill reported on
a visit with Allgeier, Martin & Associates representative, Jack
Shaller, for airport expansion. Grants will be pursued.
Bill discussed a
request to pave Petrolia’s Streets. Discussion followed. Commissioners
will consider the request for 2002.
Bill discussed a
survey on bridge project 1C-3664-01 on 4300 Rd between Wyoming and West
Virginia Streets. This bridge is also known as Dead Lady’s Bridge. The
proposal was to straighten the road, which would mean two new bridges.
This is a cost on a less traveled road. Commissioners requested to proceed
as the engineer designed it.
Bill discussed
laying based rock on 1600 Road, which would tie into Chapel Hill Road, a
paved road in Neosho County. He reported this would be done later in the
week.
John Feeback,
Fagan Company, discussed squealing on the cooler. He reported the McQuay
units were all cleaned and fixed. He discussed a legislative change,
HB2603, covering utility efficiency. Mr. Feeback discussed how the change
would benefit building a new jail. There would be a cost savings on HVC
ratings and equipment. He requested an engineering group from Comfort
Systems USA come for a presentation. Commissioners stated they would be
interested in listening to the presentation either the last week of August
or the first week in September. Mr. Feeback will make arrangements.
Betty Daniels,
Allen County Treasurer, requested the Commissioners consider a foreclosure
sale. She reported years 1996 to 1998 total $35,045.31 in delinquent taxes
of 243 parcels within Allen County. Commissioners approved to start
proceedings in September.
Commissioners
discussed the Keg resolution #200115.
A resolution
pertaining to the sale of beer and cereal malt beverages in kegs;
requiring identification for purchase and record maintenance of such sale.
Be it resolved by
the Board of County Commissioners of Allen County, Kansas:
Section1. Keg
Registration
(1) As used in
this section, the works and phrases herein defined shall have the
following meaning, unless the context otherwise requires:
Beer means a
beverage containing more than 3.2% alcohol by weight obtained by alcoholic
fermentation of an infusion or concoction of barley, or other grain, malt,
and hops in water, and includes beer, ale, stout, lager beer, porter and
similar beverages having such alcoholic content.
Cereal malt
beverage means any fermented but undistilled liquor brewed or made from
malt or from a mixture of malt or malt substitute, but does not include
any such liquor, which is more than 3.2% alcohol by weight.
Keg means a
reusable container of beer or cereal malt beverage having a liquid
capacity of four or more gallons.
Legal age for
consumption means 21 years of age.
Person means any
natural person, corporation, partnership, limited liability company,
trust, or association.
Retailer means a
person who sells at retail or offers for sale at retail, beer or cereal
malt beverage pursuant to a valid state and/or municipal license.
Sell or sell at
retail refers to and means sales of beer or cereal malt beverage for use
or consumption and not for resale in any form, and includes sales of beer
or cereal malt beverage in a keg returnable to the seller. Such terms
shall not refer to or mean sales by a distributor or sales by one retailer
to another.
Proper proof of
identification means a photographic motor vehicle operator’s license, a
valid passport, a United States military identification card, a Kansas
photographic nondriver’s identification card or other official or
apparently official document, containing a photograph, signature, and
birth date of the person.
(2) A retailer of
retailer’s employee or agent, prior to or at the time of any sale at
retail of a keg, shall:
a. Affix or
cause to be affixed to the keg identification tag in accordance with the
provisions of subsection (4) of this section;
b. Require the
purchaser to exhibit proper proof of identification. If the purchaser
fails to provide such proof of identification, the retailer shall refuse
to sell the keg to such person.
c. Require the
purchaser to sign a Declaration and Receipt for the keg in the form
provided for in subsection (4) of this section;
d. Record on
the declaration the keg identification tag number, the date of sale, the
purchaser’s name and address, and the type, number, and expiration
date of the purchaser’s identification;
e. Inform the
purchaser that any deposit paid by the purchaser for the keg, if
required, shall be forfeited if the keg is returned without the original
keg identification tag intact and readable;
f. Require each
purchaser of any such keg to acknowledge as part of the declaration that
persons under 21 are not of legal age for consumption of beer or cereal
malt beverage and that the declaration is subject to inspection by law
enforcement personnel; and
g. Provide a
copy of the Declaration and Receipt to the purchaser.
(3) Any person
who purchases a keg or the contents thereof shall:
a. Be of legal
age to purchase, possess, or use beer and cereal malt beverage;
b. Provide
proof of identification and such other information as the retailer may
require in accordance with this resolution.
c. Sign a
Declaration and Receipt in the form required by this section;
d. Not allow
any person under the age of 21 to consume the keg contents except as
allowed by law;
e. Not removed,
obliterate, or allow to be removed obliterated, the keg identification
tag required by this section; and
f. Maintain a
copy of the Declaration and Receipt with the keg during the time the keg
is in the purchaser’s possession or control.
(4) Forms and
registration tags shall be maintained as follows:
a. The keg
identification tag required under this section shall be in the form of a
uniquely numbered and coded tag or label prescribed and furnished by the
County Clerk. Such tag or label is used for a single sale of the marked
keg and is to be removed from the keg by the retailer upon return of the
keg to the retail seller and maintained with the records of the sale.
Such tags shall be fabricated and made attachable in such a manner as to
make the tag removable for the purpose of the cleaning and reuse of the
keg by a manufacturer.
b. The
Declaration and Receipt required by this section shall be on a form
prescribed and furnished by the County Clerk and shall include the
information as required by subsections (2) and (3) thereof, and may
include such other identifying information as the County Clerk may deem
necessary and appropriate.
c. Retailers
may apply for and receive keg identification tags and Declaration and
Receipt forms from the County Clerk upon submittal of an application on
a form, as prescribed by the County Clerk and such proof as may be
required by the County Clerk that the applicant is duly licensed to sell
beer or cereal malt beverages in a keg. The County Clerk may charge a
reasonable fee for furnishing the tags and forms required by this
section not to exceed the actual cost of furnishing such tags and forms.
d. The retailer
shall retain a copy of all such Declarations and Receipts required under
this section on the retailer’s licensed premises for a period of six
months following the transaction. Such Declarations and Receipts shall
be available for inspection and copying by any law enforcement officer
during normal business hours for the purpose of identifying persons
suspected of a violation of law.
e. Falsifying
any information on a Declaration and Receipt shall be a violation of
this section.
5. No retailer
may refund any deposit upon return of a keg that (a) does not have the
required identification tag, or (b) has an identification tag that has
been defaced to the extent that the information contained on the tag
cannot be read.
6. It shall be
unlawful for any person to (a) remove from a keg all or part of a keg
identification tag required pursuant to this section; (b) deface a keg
identification tag required by this section to the extent the
information contained on the tag cannot be read; (c) fail to return a
keg within 10 days of the due date; or (d) possess a keg that does not
have the keg identification tag required by this section, provided that
the provisions of this subsection shall not apply to any person when
acting in the capacity of a manufacturer, distributor or retailer, and
subsection (6)(d) shall not apply to any person who finds a discarded
keg on such person’s property.
7. Violation of
any of the provisions of this section shall, upon conviction therof, be
a Class C misdemeanor.
Section 2. This
resolution shall become effective on the 1st day of October,
2001 and shall be published forthwith in the official county newspaper.
Commissioner
Works moved to sign and approve Resolution #200115. Commissioner Regehr
seconded, motion passed 3-0-0.
Robbie Atkins,
Allen County Sheriff, discussed a certified letter received from Mr. Naff.
He explained charges are being filed against the county and inmates
concerning Mr. Naff’s son being beaten. Discussion followed.
Sheriff Atkins
discussed the capability of videoing the jail cells. Discussion followed
on the privacy of the inmates.
Sheriff Atkins is
advertising for a part time cook, a part time jailer and a full time
deputy. Discussion followed.
Sheriff Atkins
discussed his employees using personal phones. He is paying them $15.00 a
month to use their own phones. Discussion followed on what option is the
best whether to pay for a private line or to put on the Sheriff’s line.
Commissioners
discussed vouchers dealing with the drug dogs. Sheriff Atkins informed the
Commissioners that the person donating funds towards the drug dog is no
longer donating so therefore the county sheriff’s department is paying
for expenses.
Commissioners
discussed inmates and their medical bills. Sheriff Atkins stated the
county has to supply adequate medical care. Discussion followed. Alan
Weber, County Counselor, discussed the need for legislative changes to
cover county’s medical liability. There is no insurance available for
inmates; the cost of medical bills to the county is ridiculously high.
Discussion followed on solutions.
Commissioners
discussed the incident with Matt Naff.
Sheriff Atkins
discussed having a medical room for the jail. Discussion followed.
Alan Weber, Allen
County Counselor, discussed ambulance contracts for City of Humboldt and
City of Moran. Commissioners signed and will forward to the cities.
Alan discussed an
insurance policy concerning ex-employees remaining on county insurance.
Statute’s provide they go off the county insurance at age 65. Allen
County will continue with the statute’s allowance.
Alan discussed
Health Midwest’s lease on Allen County Hospital, if they determine to
terminate the lease they have to give a thirty-day notice on paying off
the bond and six months on leaving. $138,000 is still owed on the bond.
Commissioner
Thompson stated he has requested an answer soon. Ms. Hilleagas will be
contacting Commissioner Thompson concerning their decision to sell the
Hilleagas house by the hospital.
Phil Young, 31st
Judicial District Community Corrections Director, and Mary Tucker, 31st
Judicial District Juvenile Justice Authority, discussed 2002 budget detail
for 31st Judicial District Community Corrections. Phil
explained the line items and discussed the state funding being cut.
Commissioners signed the quarterly reports.
Commissioners
adjourned for lunch.
Commissioners
reconvened at 1 p.m.
Rodney Burns,
Hutinett, Schlotterbeck & Burns, reviewed the 2002 proposed budget.
Commissioner
Works left the meeting for a previous appointment.
Commissioner
Regehr moved to approve the budget for publication. Commissioner Thompson
seconded, motion passed 2-0-0
Commissioner
Works returned to the meeting and made the motion to approve the budget
for publication unanimous.
Commissioners
approved the following documents:
a) Clerk's
vouchers totaling $
b)
Abatements valued at - $ for tax roll of 2000
With no further
business to come before the board, the meeting was adjourned until August
7, 2001, at 8:30 a.m. in the Commission room of the courthouse.
