IOLA, KANSAS
OFFICE OF THE ALLEN COUNTY CLERK
March 16, 2004
Disclaimer: These unofficial minutes are not official until approved by
the Commission. Please contact the Allen County Commission Office or the
Clerk’s Office regarding any questions or accuracy of the minutes prior
to the Commission approval.
The Allen County Board of Commissioners met in regular
session at 8:30 a.m. with Chairperson Kent
Thompson, Commissioner Dick Works, Commissioner Walter Regehr, Jr.,
and Sherrie L. Riebel, County Clerk.
Commissioners corrected and approved the minutes of the
March 9, 2004 meeting.
Marty Taylor, Zoning Administrator, discussed the
Carlyle Zoning held last Thursday.
Mike Fickel, Shaughnessy Fickel & Scott Architect (SFS),
discussed change orders for the jail project. Roy Smith, Allen County
Undersheriff, was present for the meeting. One of the questions is where
to put the flagpole. Mr. Fickel discussed that change orders were budgeted
for in the approved construction budget. There are nine change orders that
should have came up before hand, but did not. Mr. Fickel reviewed the
change orders and asked for the commissioners to sign off on: 2.) +$140.80
in the corridor area – no clearance for the air duct. Discussion
followed. Required to complete the project. SFS recommends approval. 3.) +
1233.60 for access panels for overhead door in exercise area. Discussion
followed. Required to complete the project. SFS recommends approval. 4.)
+2,893.00 The work required to modify dayroom mezzanine stair in Dayroom
A. Discussion followed. Required to complete the project. SFS recommends
approval. 5.) +254.10 Revisions in lighting in Restroom 114 and Restroom
150. Discussion followed. Required to complete the project. SFS recommends
approval. 6.) + 1002.10 provides security pass between Control 138 and
Processing (booking) 124. Discussion followed. SFS recommends approval.
7.) +2,904.00 conduit between Telephone Equipment Room in new building and
existing courthouse. Pending additional SFS review. 8.) +$704.66 enclosure
for overhead door operator at inmate exercise area. Discussion followed
that enclosure required to protect operations from inmates’ vandalism.
This condition was discovered during the submittal process. Required to
complete the project. SFS recommends approval. 9.) $0.00 Sidewalk revision
at north east corner of parking lot. Discussion followed. SFS recommends
approval. Commissioners discussed in detail who should have caught these
errors before construction was began. Roy stated his concerns on a
security issue on the narrow staircase on Change order #4. Commissioner
Work discussed the change orders are not the commissioner’s errors but
that someone should step up and take responsibility and use their errors
and omission clause to pay the cost. Mr. Fickel discussed a project of
this size where the change orders are less than $10,000.00 is a good
project to come in less than what was budgeted. Discussion followed on
what the contract covered. Commissioners stated they felt the change
orders should have been addressed before this time. Discussion followed.
Mr. Fickel will revise the change orders and send them to the Commission.
Commissioner Works moved to approve the Chairman sign off on all the
change orders totaling $3,335.26 except #4 & #7. Commissioner Regehr
second, motion passed 3-0-0. Mr. Fickel will send the revisions. Mr.
Fickel stated SFS has not charged for any extra time spent towards the
project. Commissioners will let Mr. Fickel know what to do with #4 and #7.
Commissioners stated they felt the Courthouse does not need another
flagpole for the Sheriff’s office.
Mr. Fickel stated the 29th was not going to
be the completion date. Discussion followed. Commissioners discussed the
cost of inmates not being an income because of the longer construction
time. Mr. Fickel stated a few concerns of the jail; grading of the parking
lot, back fill with rocks in the dirt, curve, fescue sod is being laid
around the jail, overflow pipes on roof, and etc.
Ron Holman, Courthouse Maintance, discussed a leak in a
District Court office. Discussion followed on checking in to seeing why
the leak has started since the work on the corridor connecting the jail
with court. Mr. Fickel will talk to Westra.
Ron asked about maintance personnel to help with the
jail area and current courthouse. Ron and Sherrie will draft a job
description and ad for maintance personnel.
Bill King, Public Works Director, discussed the bids
received last week on Magnesium Chloride for dust abatement. Commissioner
Works moved to accept the bid from Envirotech’s for Magnesium Chloride.
Commissioner Regehr second, motion passed 3-0-0
Bill discussed KDHE information at the airport.
Bill discussed SEKAN Asphalt estimate on smooth seal
from south of Humboldt City limits to the County line. No action was taken
at this time.
Bill reported he is in need of a concrete saw. He will
be taking phone bids.
Bill discussed summer help. He is taking applications.
Bill presented bids received for airport land for lease
for farming and one for haying. Bids were received by per acre. Two bids
were received: Nelson’s Farms for $50.63 for farm ground and $15.15 for
hay ground; and Strickler for $ 45.00 for tillable acre per acre and $15
per acre of hay ground per year, one-half to be paid on or before June 30
and one-half on or before December 31 of each year farmed by operator.
Commissioner Work moved to go into negotiations with Nelson’s Farms.
Commissioner Regehr seconded, motion passed 3-0-0.
Bill discussed a good comment from a salesman
concerning the landfill looking clean and organized.
Commissioner Thompson called to order the Rural Water
District #7 hearing.
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF ALLEN COUNTY, KANSAS
IN THE MATTER OF THE PETITION OF ROBERT K. STORRER AND
GINA D. STORRER,
OWNERS OF CERTAIN LAND OUTSIDE RURAL WATER DISTRICT NO.
7,
ALLEN COUNTY, KANSAS, TO BECOME ATTACHED TO SAID
RURAL WATER DISTRICT NO. 7, ALLEN COUNTY, KANSAS.
ORDER OF THE BOARD OF COUNTY COMISSIONERS
OF ALLEN COUNTY, KANSAS, ATTACHING CERTAIN LAND TO
RURAL WATER DISTRIST NO. 7, ALLEN COUNTY, KANSAS
NOW, on this 16th day of March 2004, at
10:00 o'clock a.m., the same being one of the regular meeting days of the
Commission, the Petition of Robert K. Storrer and Gina D. Storrer, owners
of certain land outside of Rural Water District No. 7, Allen County,
Kansas, filed with the County Clerk of Allen County, Kansas, on the 25th
day of February, 2004, praying said Board of County Commissioners to
enlarge the boundaries of Rural Water District No. 7, Allen County,
Kansas, to include said land by attachment to said District, comes
regularly on for hearing.
The Petitioners are present by their attorneys, the firm of Apt Law
Offices, LLC, Iola, Kansas. Other appearances are as follows: Robert K.
Storrer.
THEREUPON, the Petitioners introduced their evidence in
support of the Petition and other evidence is heard, and the Board of
County Commissioners, after consideration of the Petition and the
evidence, finds:
1. That the Petition herein was filed in the office of
the County Clerk of Allen County, Kansas, on the 25th day of
February 2004; that said County Clerk did on the 2nd day of
March 2004, give notice in writing to said Board of County Commissioners
of the filing and pendency of said Petition; and on 2nd day of
March, 2004, the said Board of County Commissioners made its order setting
the time and place for hearing upon said Petition, as follows:
TIME : March 16, 2004 at 10:00 o'clock a.m.
PLACE : Allen County Courthouse, Commissioners'
Room
1 N. Washington
Iola, KS 66749
2. That on the 2nd day of March 2004, the
said County Clerk mailed by postage prepaid, notice of the said time and
place of hearing upon said Petition to the Petitioners in 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 all exhibits thereto attached;
and at the same time and in the same manner mailed to Rural Water
District No. 7, Allen County, Kansas Office, c/o John Ross, Treasurer,
1491 Missouri Road, Iola, KS 66749, notice of the time and place of
hearing upon said Petition, together with a copy of said Petition and all
exhibits thereto attached.
3. Said Board of County Commissioners further finds
that the statements contained in the Petition are true; that the lands
described in the Petition herein are without an adequate water supply and
that the attachment of said land to Rural Water District No. 7, Allen
County, Kansas, will be conductive to and will promote the public health,
convenience and welfare. That the board of Directors of Rural Water
District No. 7, Allen County, Kansas has no objection to said attachment
and has consented to said lands being attached to and being a part of
Rural Water District No.7, 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, Article 6, Kansas Statutes Annotated, as amended, and should
be granted.
IT IS THEREFORE ORDERED BY THE BOARD OF COUNTY
COMMISSIONERS of Allen County, Kansas, that the land described in the
Petition herein under consideration, are hereby attached to Rural Water
District No. 7, Allen County, Kansas, and that the boundaries of Rural
Water District No. 7, Allen County, Kansas, are hereby enlarged to include
the land lying within the boundaries of the metes and bounds description
set forth in the attached Exhibit "A".
THE BOARD OF COUNTY COMMISSIONERS OF ALLEN COUNTY,
KANSAS,
Commissioner Works moved to approve the petition.
Commissioner Regehr second, motion passed 2-0-1 Commissioner Thompson
abstained.
John Masterson, Allen County Community College,
discussed the one entrance/exit that the college currently has. He
reported $50,000.00 has been donated to put in another entrance/exit for
the college. Mr. Masterson stated they would just like a working road that
they could schedule to asphalt as budget allows. He requested help on dirt
work &/or rock from the county. Best access would be from Kentucky
Street west approximately ¼ mile to the college. Discussion followed on
ideas and projections. Commissioners will take under advisement.
Steve Hoelscher, Executive Administrator, and Jennifer
Jackman, Director of Nursing, discussed critical access hospitals. Mr.
Hoelscher asked for endorsement from the County Commission concerning
critical access. Discussion followed on feasibility study based on the
hospitals last two years and benefits for the county.
Alan Weber, County Counselor, discussed a contract for
the hay ground and tillable land at the landfill. He will draw up the
contract between the County and Nelson’s Farm.
Commissioners reviewed Resolution #200406:
County Support of Regional Strategic Plan and Regional
Incentives
RESOLUTION #200406
A RESOLUTION reconfirming support for the
qualifying regional strategic plan and requesting that the Secretary of
Commerce re-approve the County of Allen as a Kansas
Enterprise Zone designated non-metropolitan business region.
WHEREAS, A regional strategic plan, required by
K.S.A. 74-50,116(c)(2), has been reviewed, updated, and adopted by the Board
of County Commissioners of the County of Allen on March
16, 2004 and
WHEREAS, Regional business incentives of free
business finance counseling and availability of revolving loan
business financing provided the Southeast Kansas Regional Planning
Commission will be offered to all qualified businesses in the
County; and
WHEREAS, Additional county-wide business
incentive(s) of countywide property tax abatement will be offered to
qualified business in the County. Additionally, waiver of building
permit fees and landfill fees for the first 12 months of operation will
be offered to all qualified businesses in the County; and
WHEREAS, All qualified businesses in the County
will be notified of the availability of the business incentive(s)
indicated above by publication in the official newspaper; and
WHEREAS, The Board of County Commissioners
of the County of Allen chooses to participate with and be
included in the Southeast Kansas Regional Planning Commission
designated non-metropolitan business region, as provided for by K.S.A.
74-50,116; and
WHEREAS, The Board of County
Commissioners of the County of Allen pledges to
promote the continued review and update of its qualifying regional
strategic plan:
NOW, THEREFORE, BE IT RESOLVED by Board of County
Commissioners of the County of Allen: That the
Secretary of Commerce is hereby requested to re-approve the County of Allen
as a Kansas Enterprise Zone designated non-metropolitan business
region pursuant to the Kansas Enterprise Zone Act; and
BE IT FURTHER RESOLVED: That the Secretary of
Commerce is hereby requested to approve the inclusion of Allen County
in the aforementioned multi-county regional designated non-metropolitan
business region upon its approval.
ADOPTED BY THE Board of County Commissioners OF THE
COUNTY OF ALLEN ON THIS 16th DAY OF March, 2004.
Commissioner Regehr moved to approve and sign
resolution #200406. Commissioner Works seconded, motion passed 3-0-0.
Alan and Commissioners reviewed resolution #200407:
CHARTER RESOLUTION #200407
A CHARTER RESOLUTION EXEMPTING ALLEN COUNTY FROM
STATUTES PROVIDING FOR THE METHODS USED TO ESTABLISH GOVERNING BODIES FOR
SEWER DISTRICTS CREATED BY THE COUNTY
WHEREAS, K.S.A. Articles 27 & 27a of
Chapter 19 provide methods for establishing the governing bodies of
improvement districts including sewer districts and
WHEREAS, the Commissioners of Allen County,
Kansas desire to provide their own process for the selection of the
governing bodies of any sewer district created by the county.
NOW, THEREFORE, the Board of County Commissioners
sitting in regular session this 16th day of March, 2004, and
intending to exercise the power vested in Kansas Counties pursuant to
K.S.A. 19-101 (a)(b) & (c), does hereby resolve as follows:
1. That the provisions of K.S.A. Articles 27 &
27a of Chapter 19 shall not apply to Allen County as far as they provide
for the establishment of the governing body of a sewer district created
by the County.
2. In Allen County, the governing body of a sewer
district shall be comprised of 3 members of the district who shall be
elected as Chairperson, Vice Chairperson, and Secretary.
3. The 3 members of the governing body shall serve 2
year terms and shall be elected by a majority vote of those members of
the sewer district who attend the annual meeting of the district in an
election year.
4. Notice of annual meetings will be given by mail at
least 15 days prior to any meetings. The elected Secretary of the
district will see that notice is mailed to each member of the district
at the members last known address.
5. Any vacancies in the governing body of a sewer
district shall be filled by majority vote of the remaining governing
body members. If a vacancy cannot be filled by the remaining governing
body members, then the Allen County Commissioners shall appoint a member
of the Sewer District to serve out the remainder of the vacancy term.
6. This resolution shall become effective on the
sixty-first day following final publication.
ADOPTED BY THE Board of County Commissioners OF THE
COUNTY OF ALLEN ON THIS 16th DAY OF March, 2004.
Commissioner Works moved to adopt chapter resolution
#200407 and publish once a week for two consecutive weeks. Commissioner
Regehr seconded, motion passed 3-0-0.
Mr. Fickel reported they would be testing the new
generator on the 2nd of April. This has been approved through
the courts.
Mark M. Ledbetter, Westra Construction Projection
Manager, discussed items he had reviewed with his sub-contractors.
Discussion followed. He reported the leak in a District Court office is
apparently hail damage. One of the sub-contractors will caulk the hole.
The jail construction is on schedule for completion.. Wall panels are
going up currently. He discussed the epoxy flooring. Mark reported they
would be pulling the dirt back and filling the honeycomb. They will then
call the commissioners for approval before filling the dirt in. Discussion
followed. Mark discussed the overhang at the entrance for the new jail.
Mark discussed what the start up calls for on the generator. Discussion
followed.
Commissioners discussed the Carlyle zoning.
Commissioner Works moved to uphold the Zoning Boards decision to deny the
request for zoning land change. Commissioner Regehr seconded, motion
passed 2-0-0 Commissioner Thompson abstained.
Commissioners will not be meeting on March 23, 2004.
Commissioners approved the following documents:
a) Clerk's Journal Entries # 16
b) Clerk's vouchers totaling $ 149,801.48
c) Payroll Changes
With no further business to come before the board, the meeting was
adjourned until March 30, 2004 at 8:30 a.m. in the Commission room of the
courthouse.
