Allen County Commissioners' Meeting Minutes

IOLA, KANSAS
OFFICE OF THE ALLEN COUNTY CLERK
June 25, 2002

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

Commissioners corrected and approved the minutes of the June 18, 2002 meeting.

Mike Jewel, SEK Cruisers, requested to use the Allen County Airport on September 14, 2002 for the rescheduled "Burnout". Commissioners discussed the availability of the airport. Mr. Jewel wants to have a "DB Burnout" as well, which is to see how loud the speakers can be. Commissioners approved the use of the airport and the bandstand.

Alfred Link, discussed the "Eternal Flame" west of the courthouse. The flame was shut down during the gas shortage in the 70’s. He requested the "Eternal Flame" stay where it is and use an electric light bulb or replacing the whole unit to produce a gas flame. The new gas flame would be an efficiency unit. Discussion followed on other possibilities and the trimming of the pine tree. Commissioners requested Ron Holman, Courthouse Maintenance to check with the tree board on trimming the tree.

Mr. Link requested use of the courthouse restrooms for the Veterans Day Parade at 1:00 p.m. on November 9, 2002. The Commissioners approved the court area restrooms to be open during Veterans Day activities.

Jim Hopper, Allen County resident, stated he lives on Oregon Rd and Kentucky St. He requested the speed limit be raised to 55 miles per hour. Discussion followed. Mr. Hopper stated he has visited with the City of Iola, since they own the south half of that road. Commissioners stated they would consider the change. No action was taken at this time.

Bill King, Public Work Director, discussed power brooming the area around the airport hangers, so there will not be damage to props. He also discussed the grass taxi way.

Commissioners discussed the "Friends of the Airport" and the Allen County Airport Advisory Board and the parts each have in the airport.

Bill discussed bridge project #1C-3663-01 over Rock Creek east of Elks Lake. Discussion followed on right of ways, landowners and easements. No action was taken at this time.

Bill reported within the next two weeks, the road crew would be tearing up a mile of road to Lone Elm. Discussion followed.

Bill discussed some of the summer road projects lined up to complete.

Mike Russell, KIKS Radio, discussed his concerns on the airway zoning discussed last week in the commissioner meeting. Discussion followed on flight patterns.

Commissioners discussed with Ronald D. Moore, Allen County resident, the possibility of serving on a jail construction board. Mr. Moore stated he would be interested in serving on the committee.

Alan Weber, Allen County Counselor, discussed weed and vegetation resolution. Commissioners reviewed Allen County Resolution #200209. A resolution providing for the control of weeds and vegetation.

WHEREAS, Allen County has jurisdiction of certain residential subdivisions and other developed areas outside the limits of any incorporated city, and

WHEREAS it is necessary to provide for control of weeds and other vegetation.

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

Section 1: It shall be unlawful for any owner, agent, lessee, tenant, or other person occupying or having charge or control of any premises to permit weeds to remain upon said premises or any area between the property lines of said premises and the centerline of any adjacent street or alley, including but not specifically limited to sidewalks, streets, alleys, easements, rights-of-way and all other areas, public or private. All weeds as hereinafter defined are hereby declared a nuisance and are subject to abatement as hereinafter provided.

Section 2: "Premises" as used herein shall mean any residential subdivision or other developed residential or commercial tract. "Premises" shall not include land zoned agricultural.

Section 3: "Weeds" as used herein shall mean any of the following:

Brush and woody vines shall be classified as weeds;

Weeds and indigenous grasses which may attain such large growth as to become, when dry, a fire menace to adjacent improved property;

Weeds which bear or may bear seeds of a downy or wingy nature;

Weeds and/or indigenous grasses which are located in an area which harbors rats, insects, animals, reptiles, or any other creature which either may or does constitute a menace to health, public safety or welfare.

Weeds and/or indigenous grasses on or about residential property, which, because of its height, has blighting influence on the neighborhood. Any such weeds and indigenous grasses shall be presumed to be blighting if they exceed 12 inches in height.

Section 4: The Zoning Administrator is charged with the administration and enforcement of this article. When made aware of any violations of this resolution, the Zoning Administrator or an authorized assistant shall notify in writing the owner, occupant or agent in charge of any premises in the County upon which weeds exist in violation of this article, by mail or by personal service, once per calendar year. Such notice shall include the following:

That the owner, occupant or agent in charge of the property is in violation of the County weed control law.

That the owner, occupant or agent in charge of the property is ordered to cut the weeds within ten days of the receipt of notice.

That the owner, occupant or agent in charge of the property may request a hearing before the County Commission within ten (10) days of the receipt of notice.

That if the owner, occupant or agent in charge of the property does not cut the weeds, the County or its authorized agent will cut the weeds and assess the cost of the cutting, including a reasonable administrative fee and the cost of publication notice if the same is necessary as hereinafter provided, against the owner, occupant or agent in charge of the property.

That the owner, occupant or agent in charge of the property will be given an opportunity to pay the assessment, and if it is not paid it will be added to the property tax as a special assessment.

That no further notice shall be given prior to removal of weeds during the current calendar year.

That the Zoning Administrator should be contacted if there are any questions regarding the order.

If the owner or his or her agent in charge of the property cannot be served in the above manner, service may be made by publishing one notice in the official county newspaper. If notice is made by publication, the owner, occupant, and/or the person in charge of the property will be ordered to cut the weeds within 10 days from the date of publication.

If there is a change in the record owner of title to property subsequent to the giving of notice pursuant to this subsection, the County may not recover any costs or levy an assessment for the costs incurred by the cutting or destruction of weeds on such property unless the new record owner of title to such property is provided notice as required by this section.

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

Commissioner Thompson moved to approve resolution #200209. Commissioner Regehr seconded, motion passed 2-0-0.

Alan discussed the Allen/Neosho Jail Contract Agreement for the housing of inmates in the Neosho County Adult Detention Center. He reported he had reviewed the agreement and agrees with the contents. Commissioner Thompson moved to approve Commissioner Regehr sign the agreement with Neosho County. Commissioner Regehr seconded, motion passed 2-0-0. Commissioner Regehr signed the agreement.

Alan discussed the zoning of the airspace around the airport. He stated it was not necessary to comply with the conditions of the grant. Discussion followed. No action was taken at this time.

Commissioner Thompson discussed the Master Fire Protection Plan for Allen County. He explained what was happening at this time. Commissioners sent a letter to Ray Aslin, State Forester at KSU, requesting master fire plan for Allen County.

Commissioner Thompson moved to approve the 2003 contract with Computer Information Concept, the county tax, payroll and budget/accounting package for $23, 517.00. Commissioner Regehr seconded, motion passed 2-0-0. Commissioner Regehr signed the contract.

Commissioners discussed using taxpayer monies for a good will ad. No action was taken at this time.

Commissioners approved the following documents:

a) Clerk's vouchers totaling $102,763.20

With no further business to come before the board, the meeting was adjourned until July 2, 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.