Allen County Commissioners' Meeting Minutes

IOLA, KANSAS
OFFICE OF THE ALLEN COUNTY CLERK
January 29, 2002

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

Commissioners corrected and approved the minutes of the January 22, 2002 meeting.

Marty Taylor, Zoning Administrator, discussed the Monarch Cement Zoning hearing. He explained the zoning board passed unanimously a conditional use permit for operation of a quarry. Commissioners will make a decision regarding this issue next week; Commissioners want to review the area first.

Marty reported the zoning board would like him to check and make sure conditions are being met for conditional use permits issued recently. There is currently a boundary line dispute at Rays Metal Depot that must be relinquished before trees can be planted for screening.

Marty reported the next zoning board meeting would be at 7:00 p.m., Thursday, February 28, 2002, in the Assembly Room of the Allen County Courthouse. Application has been filed by Gerald J. Eineichner, Jr. requesting property be allowed a land use change in zoning in Allen County, Kansas. This property is currently zoned rural residential. The application is made for Zoning Land Use Change as provided in Article 4 of the Zoning Regulations to permit the installation or construction of a Convenient/Bait/Liquor Store.

Commissioner Works reported the need to appoint someone to replace John Smith from Humboldt to the Allen County Hospital Board. The next hospital board meeting will be February 19^th.

Bill King, Public Works Director, introduced Dave Austin from Cellers Tractor. They discussed a John Deere tractor with fully synchronized pulse command. Literature on the boom mower was passed out to Commissioners. This machine has approximately 200 hours on it. New blades would be given at time of purchase. $64,000.00 is the asking price with a one-year warranty on the mower and two-year warranty on the tractor.

Bill asked for permission to purchase this demo machine. Commissioners will consider this purchase. Commissioners requested Bill get bids on new mowers and report back later.

Bill presented a letter from Asbestos Removal & Maintenance Inc. Their bid is for $4590.00 and the letter contained many references. Commissioner Works moved to except the bid and have Bill sign the contract after he calls and checks their references. Commissioner Thompson seconded, motion passed 3-0-0.

Bill reported that Barry Lamb requested use of the big hangar at the airport for mechanic work. Bill presented a policy Alan Weber, County Counselor, wrote regarding mechanics. Commissioner Thompson moved to grant this request. Commissioner Regehr seconded, motion passed 3-0-0.

Bill presented bids on methane gas analyzers to be used at the landfill. Bids were received from Burns & McDonnell for $9138.00 and $8268.00. Discussion followed on possibly rerouting and burning in a generator someday. Commissioner Works moved to accept the lower bid of $8,268.00. Commissioner Thompson seconded, motion passed 3-0-0.

Bill discussed the brush cutter position open in the Public Works Department. He presented an interview summary on the applicants. Discussion followed on qualifications.

David Beck, Emergency Management Director, discussed Kansas Emergency Management in regards to Mitigation Response Plan Pilot Program. David stated the State has requested Allen and Neosho Counties to pilot this program. Commissioners gave their consent.

David discussed 911 Emergency Service Number (ESN) update with Southwestern Bell. He stated he questioned whether or not the ESN changes for Allen County are in effect or not for Rural Fire District #2. He referenced a 911 call on 1/17/02.

David discussed the Emergency Alert System (EAS) for Cox Communication. He explained he had discussed this with the City of Gas; their council was in agreement that responsibility would be given to 911 dispatch. He explained the City of Humboldt did not receive all the faxed information, so he will have to talk to them.

David discussed 911 inventory. Discussion followed. He reported two radios that had been purchased for Moran EMS have been added, two pagers purchased for Humboldt EMS have not been added to the list at this time.

David discussed Spotter Talk by Wichita Weather Service. There will be a National Weather Service Storm Spotter Class held February 20, 2002 at 7:00 p.m. in the Allen County Courthouse assembly room. The public is invited to attend.

Thereupon, there was presented a Resolution #200201entitled:

A RESOLUTION CREATING THE ALLEN COUNTY, KANSAS PUBLIC BUILDING COMMISSION AND ESTABLISHING THE PURPOSE, COMPOSITION, POWERS, FUNCTIONS AND DUTIES THEREOF.

Thereupon Commissioner Works moved that said Resolution be passed. The motion was seconded by Commissioner Thompson. Said Resolution was duly read and considered, and upon being put, the motion for the passage of said Resolution was carried by the vote of the governing body, the vote being as follows

Aye: Commissioners Regehr, Commissioner Thompson and Commissioner Works.

Nay: 0

Thereupon, the Chairman declared said Resolution duly passed and the Resolution was then duly numbered Resolution No. 200201, and was signed by the governing body and attested by the Clerk.

A RESOLUTION CREATING THE ALLEN COUNTY, KANSAS PUBLIC BUILDING COMMISSION AND ESTABLISHING THE PURPOSE, COMPOSITION, POWERS, FUNCTIONS AND DUTIES THEREOF.

 

WHEREAS, Allen County Kansas (the "County"), is a County within the meaning of K.S.A. 12-1757 et seq., as amended (the "Act"); and

WHEREAS, the Act authorizes the County to create a public building commission under the conditions set forth in the Act; and

WHEREAS, the governing body of the County (the "Governing Body") hereby finds it advisable and necessary to formally create a public building commission and to establish the purpose, composition, powers, functions and duties of such public building commission all pursuant to the Act.

SECTION 1.  Creation. Under the authority of the Act, there is hereby created by the Governing Body a municipal corporation to be known as the "Allen County, Kansas, Public Building Commission" (the "PBC").

SECTION 2.  Composition. The PBC shall be composed of three (3) members (the "Members"). The Governing Body shall appoint Members. The terms of office of the Members shall be for four years, except that the initial term of office for one member shall be for three years from January 1 immediately preceding appointment.    In the event that the PBC provides buildings or structures that are leased to governmental entities other than the County, the composition of the PBC shall be modified, as necessary, by subsequent Resolution of the Governing Body to conform to the requirements of the Act.

SECTION 3.  Purpose, Powers and Functions. The PBC is created for the purposes of, and shall have the powers and shall perform the functions set forth in, the Act, as may be amended or supplemented, including by home rule action of the County. The Governing Body, by resolution or charter resolution hereafter taking effect, shall have the authority to limit, expand or otherwise alter the purposes, powers functions of the PBC.

SECTION 4.  Support Services. Unless otherwise approved by the Governing Body, the County administrative staff shall provide administrative services to the PBC and the County's bond counsel and County Counselor shall provide legal services to the PBC.

SECTION 5.  Further Action. The PBC shall have the authority to adopt bylaws, resolutions or other official actions authorized by the Act and not inconsistent with the provisions of this Resolution to govern its actions.

SECTION 6.  Severability. If any provision of this Resolution is deemed or ruled unconstitutional or otherwise illegal or invalid by any court of competent jurisdiction, such illegality or invalidation shall not affect any other provision of this Resolution. This Resolution shall be enforced and construed as if such illegal or invalid provision had not been contained herein.

SECTION 7.  Effective Date. This Resolution shall be effective from and after its adoption.

ADOPTED by the Governing Body of Allen County, Kansas, on January 29, 2002.

Robbie Atkins, Allen County Sheriff, reported the insurance company has settled the cost of the wrecked 1997 Explorer for $8,077.00. Commissioners accepted the settlement. Sheriff Atkins will get bids for another vehicle.

Commissioner Thompson moved to hire a brush cutter operator at $7.40 as a full time. Discussion followed. Commissioner Works seconded, motion passed 3-0-0.

Alan reported on the missing bond monies. The investigation is continuing.

Alan discussed the Fire District #2 new territories. Discussion followed on training.

Jim Weseloh, Sewer District #1 and #2 Maintenance discussed chemicals for soap and grease build up removal. Discussion followed. Commissioners approved to go in half with the City of Iola.

Commissioners approved the following documents:

a) Clerk's vouchers totaling $ 53,524.51

b) Abatement # 80, 127-139, 141, 145 value 23,670, $ 3,027.88, for tax roll of 2001

With no further business to come before the board, the meeting was adjourned until February 5, 2002 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.