Allen County Commissioners' Meeting Minutes

IOLA, KANSAS
OFFICE OF THE ALLEN COUNTY CLERK
June 11, 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 June 4, 2002 meeting.

Commissioners reviewed ALLEN COUNTY RESOLUTION #200206.

WHEREAS, restricting the access of animals on public property is necessary to promote the public health and welfare.

BE IT RESOLVED by the Board of Commissioners of Allen County, Kansas as follows:

1. Animals of any kind are hereby prohibited from entering into or remaining within any and all buildings owned, leased or maintained by Allen County. Further, any and all animals on county property outside of any county buildings shall, at all times, be on a leash and under the control of its owner or other handler.

2. This prohibition shall not apply on the following circumstances:

(a) Where an animal is an exhibit in a Court case pending before the District Court in the Allen County Courthouse.

(b) Dogs owned or used by the Allen County Sheriff’s Department for law enforcement purposes where permission to have the animals in County buildings is obtained from the County Commissioners.

(c) To "service animals". A "Service animals" is any guide dog, signal dog or other animal individually trained to provide assistance to an individual with a disability.

3. Any animal including a service animal may be excluded from County premises altogether if that animal’s behavior poses a direct threat to the health or safety of others.

4. Allen County Resolution #97006 enacted November 12, 1997 is repealed.

5. This resolution shall take effect upon its adoption by the Board of County Commissioners Allen County and its publication in the official newspaper.

No action was taken at this time.

Commissioners reviewed and discussed ALLEN COUNTY RESOLUTION #200207.

A resolution establishing a grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the U.S.Department of Justice regulations implementing Title II of the ADA.

WHEREAS, Allen County is desirous of having appropriate grievance procedures in place in order to resolve any complaint regarding implementation of the Americans with Disabilities Act (ADA), and

WHEREAS, general procedures currently existing for dealing with such grievances need to be updated to accomplish this goal.

NOW THEREFORE BE IT RESOLVED that Allen County hereby establishes the following grievance procedure for dealing with ADA related issues:

1. The Allen County Clerk shall be and is hereby designated as the Allen County ADA Coordinator. In the absence of the County Clerk, the Deputy County Clerk shall serve as ADA Coordinator.

2. Any Complaint alleging a violation of the ADA may be filed with the ADA Coordinator either in writing or verbally. The Complaint shall contain the name and address of the person filing it or the one on whose behalf it is filed. The complaint shall contain a brief description of the alleged violation of the ADA regulations.

3. Complaints should be addressed to: Allen County ADA Coordinator %Allen County Clerk’s Office, One North Washington, Iola, Ks. 66749. The ADA Coordinator shall maintain the files and records of the County relating to all ADA complaints and the ensuing investigations. A copy of each complaint shall be forwarded by the ADA Coordinator to the County Counselor.

4. An investigation shall follow the filing of a complaint. The investigation shall be commenced by the ADA Coordinator and the Allen County Counselor or their designee within fifteen (15) calendar days following the filing of the complaint. The investigation shall be informal but thorough, affording all interested persons and their representatives, if any, an opportunity to submit relevant information.

5. A written determination as to the validity of the complaint and a resolution of the Complaint, if any, shall be issued by the ADA Coordinator and approved by the County Counselor. A copy shall be mailed to the complainant, return receipt requested within forty-five (45) calendar days following the filing of the complaint.

6. If the Complainant is dissatisfied with the determination made by the ADA Coordinator, the Complainant may request a reconsideration before the Board of County Commissioners of Allen County, Kansas. The request for reconsideration shall be made within ten (10) calendar days following the date the complainant receives the determination of the ADA Coordinator. The request for reconsideration shall be made to the Board of Allen County Commissioners through the County Clerk. The Board shall review the records of said complaint and may conduct further investigation when necessary to obtain additional relevant information. The Board shall issue its decision thereon within thirty (30) calendar days of the receipt of the complainant’s request for reconsideration. A copy of said decision shall be mailed to the complainant. The decision of the Board is final.

7. These rules shall be construed to (a) Protect the substantive rights of interested persons; (b) Meet appropriate due process standards and (c) Comply with the ADA and implementing regulations.

8. The provisions of this regulation will supercede any other conflicting grievance rules and regulations previously enacted by the Allen County Commission.

No action was taken at this time.

Bill King, Public Works Director, discussed grading positions opening in the county. Discussion followed. Commissioners approved Bill to move Brian Peters into that position.

Commissioner reviewed and signed an agreement relative to performing certain work and/or the occupancy of the County’s highway right of way by the facilities of a Utility on project #1C-3663-01 on Nebraska Road.

Bill discussed Delaware Road’s (Tank Farm) heavy traffic. Discussion followed.

Bill discussed an overlay on 2200 Street south of Hwy #54. SEKAN Asphalt will do three-fourths of a mile at two-inch leveling course for approximately $23,000.00. Discussion followed. Commissioners approved this overlay.

Hilda and Les Barnett, Geneva Township representatives, David Beck, Emergency Management, were present for the 10 o’clock hearing for Rural Fire District #2. Commissioner Regehr opened the hearing at 10 o’clock. Discussion followed on the best solution for all concerned. Mr. Barnett reported all the township could levy for fire protection was a ½ mill for Geneva Benefit Fire, which only amounts to approximately $1,200.00. He stated they realize that the Iola Fire Department cannot cover all the area but that if monies could raise then the Rural Volunteer Fire Department could have more monies.

Whereas, upon request of certain landowners in Allen County, Kansas a hearing was held to determine whether the boundaries of Rural Fire District #2 should be extended to include those portions of the following real estate not already a part thereof, to-wit:

1. Sections 23, 24, 25, 26, 35 & 36, Township 23, Range 17 East

2. Sections 1, 2, 11,12,13 & 14, Township 24, Range 17 East

3. Sections 19, 20, 21, 28, 29, 30, 31, 32 & 33, Township 23, Range 18 East

4. Sections 4, 5, 6, 7, 8, 9, 17 & 18, Township 24, Range 18 East

Whereas, at the hearing the Allen County Commissioners determined that the expansion of the boundaries of Rural Fire District #2 as aforesaid is in the best interest of all Parties.

NOW THEREFORE, Be It Unanimously Resolved by the Board of County Commissioners that the boundaries of Rural Fire District #2 be and are hereby expanded to include the above described tracts of real estate.

No action was taken at this time.

Jerry Williams, Area Agency on Aging Executive Director, and Ben Middleton, Area Agency on Aging Board Representative, requested $1,035 for fiscal year 2003 to be allocated to them from the elderly Mil Levy. He explained the services they provide for Allen County. In-home service includes Older Americans Act, Senior Care Act, Income Eligible, Home & Community Based Service and Home Delivered Meals. In calendar year 2001, a total of 135 individuals were served with in-home Medicaid services for a total expenditures o f$1,138,898. Community Services provided are Case Management Customers and Congregate Meals. Discussion followed.

Mr. Williams discussed an available Service to the Elderly van, which is scheduled for replacement in 2004. He reported this van would be replaced with a mini van. His proposal is to have Area on Aging purchase this van with the help of Allen County at approximately $4,000.00. Discussion followed. Commissioners assured Mr. Williams the County would consider the help, if their van were running it would take some of the pressure off of the Allen County Services to the Elderly Van.

Commissioners discussed some legislation issues with Jerry William who also serves as the Kansas House Representative for the 8^th District.

Commissioner Thompson moved to approve Resolution #200206 a resolution related to regulating animals on County property. Commissioner Works seconded, motion passed 3-0-0.

Commissioner Thompson moved to approve Resolution #200207 A resolution establishing a grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the U.S.Department of Justice regulations implementing Title II of the ADA. Commissioner Works seconded, motion passed 3-0-0.

Commissioner Thompson moved to approve Resolution #200208 Resolution Extending Boundaries of Rural Fire District #2. Commissioner Works seconded, motion passed 3-0-0.

Mike Fickel, Shaughnessy, Fickel and Scott Architects, Inc., reported three bids for site survey work on the new jail. They were Shetlar, Griffith, Shetlar for $4500.00. William Cook, Parsons, for $4500.00 and LHE, Overland Park for $4300.00. Commissioner Thompson approved Shetlar, Griffith, and Shetlar for $4,500.00. Commissioner Regehr seconded, motion passed 2-0-0.

Commissioners approved the following documents:

a) Clerk's Journal Entries #

b) Clerk's vouchers totaling $

With no further business to come before the board, the meeting was adjourned until June 18, 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.