Commissioners' Minutes 8/13/02

Allen County Commissioners' Meeting Minutes

IOLA, KANSAS
OFFICE OF THE ALLEN COUNTY CLERK
August 13, 2002

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

Commissioners corrected and approved the minutes of the August 6 & 9, 2002 meeting.

Commissioners received a request from the Iola Senior Center to pay for stripping the floors. Commissioners requested to get bids and to have our maintenance person view the floor.

Commissioners requested Clerk Riebel to get bids for 2002 audit.

Commissioners reported the Moran Senior/Community Center walls are up. They are currently working on the inside.

Bill King, Public Works Director, discussed the topcoat daily cover for the landfill. The next step would be to contact state for requirements. Discussion followed. No action taken at this time.

Bill discussed bridge inspections. He reported the fee increased $3500.00 from $2800.00, which is about $100.00 for 35 bridges. The bridges are on a 12–month inspection cycle. Commissioners approved to continue the contract with Schwab Eaton for bridge inspections.

Commissioner Thompson moved to go into executive session for 15 minutes to discuss non-elected personnel. Commissioner Works seconded, motion passed 2-0-0. The time is 9:10. Those present will be Commissioner Works, Commissioner Thompson, Bill King, Public Works Director, and Clerk Riebel. Commissioner’s reconvened at 9:25. No action was taken.

Sharon Utley, Allen County Treasurer, discussed the Tax Foreclosure Sale. She received a bid from Immel, Immel & Works for $17,500.00. There were 44 pieces of property in the tax foreclosure sale to start with, a few have been redeemed. Discussion followed. No action was taken.

Commissioner Works called the Anderson County Rural Water District #5 hearing to order. Nancy Flewharty was present for the hearing.

BEFORE THE BOARD OF COUNTY COMMISSIONERS

OF ALLEN COUNTY, KANSAS

IN THE MATTER OF THE PETITION OF BILLY AND ALICE DOWELL

OWNERS OF CERTAIN ADJACENT LAND OUTSIDE

ANDERSON COUNTY RURAL WATER DISTRICT

NO. 5, ALLEN COUNTY, KANSAS, TO BECOME ATTACHED TO SAID

DISTRICT NO 5, ALLEN COUNTY, KANSAS.

ORDER OF THE BOARD OF COUNTY COMMISSIONERS

OF ALLEN COUNTY, KANSAS, ATTACHING CERTAIN

ADJACENT LANDS TO

ANDERSON COUNTYRURAL WATER DISTRICT NO. 5,

ALLEN COUNTY, KANSAS

WHEREAS, on the 19^th day of July 2002, a Petition was filed in the office of the County Clerk of Allen County, Kansas, by Billy and Alice Dowell, the owners of certain adjacent lands lying in Allen County, Kansas, praying that said lands become attached to Anderson County Rural Water District No. 5, Allen County, Kansas, as provided by K.S.A. 82a, 622 et seq., as amended, said lands being described as follows:

TRACT 1. Northeast Quarter of Section Seven (7), Township Twenty-four (24), Range Nineteen (19)

TRACT 2. West Half of the Southwest Quarter and the Southwest Quarter of the Northwest Quarter of Section Seven (7), Township Twenty-four (24), Range Nineteen (19) of the Sixth Principal Meridian.

NOW, on this 13^th day of August 2002, at 10:00 o'clock a.m., said Petition comes on for hearing before the said Board of County Commissioners of Allen County, Kansas, at the County Commissioners' room in the Allen County Courthouse, 1 N. Washington, Iola, Kansas, as provided by order of said Board dated July 23, 2002. There were present the following petitioners of Anderson County Rural Water District No. 5, to-wit:

Billy and Alice Dowell (did not show up for the meeting)

and other appearances were as follows:

Nancy Flewharty,

THEREUPON, the Petitioners introduced their evidence in support of the Petition. Said Board of County Commissioners being fully advised in the premises, finds:

1. That the Petition herein was filed in the office of the County Clerk of Allen County, Kansas, on the 19^th day of July 2002; that said County Clerk did on the 23^rd day of July 2002, give notice in writing to said Board of County Commissioners of the filing and pendency of said Petition; and on the same day the said Board of County Commissioners made its order setting the time and place for hearing upon said Petition, as follows:

TIME : August 13, 2002 at 10:00 o'clock a.m.

PLACE : Allen County Courthouse, Commissioners' Room

1 N. Washington

Iola, KS 66749

2. That on the 29^th day of July 2002, the said County Clerk mailed by postage prepaid, certified mail, notice of the said time and place of hearing upon said petition to each and all of the signers to said petition; and at the same time and in the same manner, mailed to the Chief Engineer of the Division of Water Resources, State Board of Agriculture, Topeka, Kansas, notice of said time and place of hearing upon said Petition, together with a copy of said Petition; and at the same time and in the same manner mailed to each of the Directors of the Board of Anderson County Rural Water District No. 5, Allen County, Kansas, notice of said time and place of hearing upon said Petition, together with a copy of said Petition, the Board of Directors of said Anderson County Rural Water District being composed of the following persons:

NAME : ADDRESS :

Wallace Strickler 10913 SW Indiana Road, Colony, KS 66015

David Regehr 1760 1400 Street, Iola, KS 66749

Kendall Adams 5913 SE 500 Road, Kincaid, KS 66039

Larry DePoe 25648 SE 500 Road, Kincaid, KS 66039

Eugene Anderson 19587 SW 300 Road, Colony, KS 66015

Vance Beebe 1995 600 ST, Colony, KS 66015

Steve Weatherman 10296 SW Kentucky, Colony, KS 66015

Randy West 14313 SW Arkansas Road, Colony, KS 66015

Kendall McGhee RR 1, Box 19, Neosho Falls, KS 66758

Anderson County Rural Water District #5

Paul Stephens PO Box 301, Colony, KS 66015

that notice of the time and place of hearing upon said petition was published as provided by law in the Iola Register, a newspaper of general circulation in Allen County, Kansas, located in Iola, Kansas, on the 26^th day of July 2002, all in accordance with K.S.A. 82a, 622 et seq., as amended.

3. Said Board of County Commissioners further finds that the lands described in the Petition herein are without an adequate water supply.

4. Said Board of County Commissioners further finds that the attachment of the lands described in the petition to Anderson County Rural Water District No. 5, Allen County, Kansas, will be conducive to and will promote the public health, convenience and welfare.

5. Said Board of County Commissioners further finds that there has been no objection made to said attachment by any member of the Board of Directors of Anderson County Rural Water District No. 5, Allen County, Kansas, and that said Board of Directors has consented in writing to said lands becoming attached to and being a part of Anderson County Rural Water District No. 5, Allen County, Kansas.

Upon the considerations above set forth, the Board of County Commissioners of Allen County, Kansas, finds that the Petition herein under considerations is in conformity with the requirements to K.S.A. 82a, 666 et seq., as amended, and should be granted.

IT IS THEREFORE ORDERED BY THE BOARD OF COUNTY COMMISSIONERS OF ALLEN COUNTY, KANSAS, that the lands described as Tract 1 and Tract 2, in the Petition herein under consideration, are hereby attached to Anderson County Rural Water District No. 5, Allen County, Kansas, and that the boundaries of Anderson County Rural Water District No. 5, Allen County, Kansas, are hereby enlarged to include the lands described as Tract 1 and Tract 2 in the Petition as provided by K.S.A. 82a, 622 et seq., as amended.

Commissioner Works moved to approve Dowell’s annexation to Anderson County Rural Water District No. 5. Commissioner Thompson second, motion passed 2-0-0.

Alan Weber, Allen County Counselor, discussed the tax foreclosure sale. Discussion followed.

Alan will review the list of properties. No action was taken.

Commissioner Thompson moved to approve the service on the CIC Upgrade OS/400, License Programs and Apply Current CUM PTF Level for $2,520.00. Commissioner Works second, motion passed. 2-0-0.

Phil Young, JJA & DOC Administrator discussed some rule changing on DOC. Phil explained the new process on transfers from one fund to another. Anything over $5,000 in transfers has to have the signatures of the Advisory Board Chairman and the Administrative Board of County Commissioners. Discussion followed. Commissioners approved and Commissioner Thompson, acting chair, signed the signatory approval letter.

Mary Tucker, JJA Assistant Administrator, presented information on the Truancy Prevention Program. Discussion followed on truancy procedures within each school. It is a Kansas statute that the principals report any truancy on individuals within the school system. Discussion followed.

Commissioners approved the following documents:

a) Clerk's vouchers totaling $119084.82

b) Clerk's Journal Entries # 45-49

With no further business to come before the board, the meeting was adjourned until August 20, 2002 at 8:30 a.m. in the Commission room of the courthouse.

	Dick Works, Commissioner
Sherrie Riebel, Allen County Clerk	Kent Thompson, Commissioner

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

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