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Commissioners' Minutes 11/15/05
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Allen County Commissioners' Meeting Minutes

IOLA, KANSAS
OFFICE OF THE ALLEN COUNTY CLERK
November 15,  2005

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 Commission approval.

 

IOLA, KANSAS                      OFFICE OF THE ALLEN COUNTY CLERK                     November 14, 2005

The Allen County Board of Commissioners met at 8:15 a.m. for the purpose of canvassing the November 8, 2005 USD #258 Bond Election. Present were Commission Chairman Walt Regehr, Jr., Commissioner Dick Works, Commissioner Kent Thompson and Sherrie L. Riebel, Allen County Clerk.

Commissioners reviewed the election and found no discrepancies. Results were finalized.

With no further business to come before the board, the meeting was adjourned until November 15, 2005, at 8:30 a.m. in the commission room of the courthouse.

________________________________ ___________________________________

Walt Regehr, Jr., Chairperson                     Kent Thompson, Commissioner

________________________________ ___________________________________

Sherrie L. Riebel, County Clerk                   Dick Works, Commissioner

IOLA, KANSAS                OFFICE OF THE ALLEN COUNTY CLERK                      November 15, 2005

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

Bruce Symes, Iola Register, was present to observe the meeting.

Commissioners corrected and approved the minutes of the November 8, 2005 meeting.

Sharon K. Utley, Allen County Treasurer, discussed door prizes for the annual appreciation dinner. She requested four $25.00 door prizes. Commissioners approved. This money is from the Coke Machine in the courthouse.

Elaine Dugan, Allen County EMS Director, discussed furniture (recliners, futons), stove, microwave and refrigerator for the ambulance stations. Discussion followed. Commissioners discussed using the Moran Ambulance Bay that is already established. Currently the ambulance attendants would be there only during the day, due to FLSA. Discussion followed on the options Allen County currently has: to use the Moran City bay or to rent a different building. Alan Weber, Allen County Counselor, stated that if Allen County EMS decides not to use the Moran City bay they would need to give 60 days notice. Commissioner Thompson moved to approve the lower cost for 1 futon, 2 recliners, TV, TV stand, VHS/DVD, microwave and refrigerator. Commissioner Works seconded, motion passed 3-0-0.

Elaine reported several employees would be hired as of November 16, 2005.

Sarah Alumbaugh discussed the termination of Moran ambulance employees. Her concern was that the letters of rejection of employment they received from Elaine did not give a date of their termination. Commissioners stated the City of Moran would be the ones to give a termination date.

Sherrie reported Don Smith, Fire District #3, presented a nomination to appointment Cindy Terrell for Fire District #3 Board. Commissioner Thompson moved to appoint Cindy Terrell to serve on Fire District #3 Board. Commissioner Works seconded, motion passed 3-0-0.

Bill King, Public Works Director, reported Bob Hawk has given his notice of resignation from the Allen County Airport Advisory Board. Commissioner Works moved to appoint Ron Smail to serve the un-expired term of Bob Hawk on the Allen County Airport Advisory Board. Commissioner Thompson seconded, motion passed 3-0-0. Bill will contact Ron Smail.

Bill King, Public Works Director, discussed the remodeling of the considered ambulance barn.

Commissioners examined the annual review and revision of the Allen County Solid Waste Management Plan.

ALLEN COUNTY, KANSAS

RESOLUTION #200515

A RESOLUTION CERTIFYING THE REVIEW AND REVISION OF THE

ALLEN COUNTY SOLID WASTE MANAGEMENT PLAN.

WHEREAS, The Southeast Kansas Solid Waste Authority (SEKSWA) Solid Waste Management Plan and the Solid Waste Management Plans of Allen, Bourbon, Cherokee, Crawford, Labette, Neosho, Wilson and Woodson Counties contained therein, were approved by the Kansas Department of Health and Environment on March 28, 1996 and;

WHEREAS, K.A.R. 28-29-82 requires that Solid Waste Management Plans must be reviewed one year after there approval, or one year after the completion and distribution of the Kansas Solid Waste Management Plan, whichever is later, and;

 

WHEREAS, The State Plan was completed on December 2, 1996, the SEKSWA Solid Waste Management Plan, and the Solid Waste Management Plans of Allen, Bourbon, Cherokee, Crawford, Labette, Neosho, Wilson and Woodson Counties contains therein, must be reviewed no later than December 2, 1997 and annually thereafter, and;

 

WHEREAS, The Governing Board of the Southeast Kansas Solid Waste Operating Authority (SEKSWOA) has previously submitted to the Secretary of the Kansas Department of Health and Environment (KDH&E) a NOTICE OF REVIEW AND REVISION OF SOLID WASTE MANAGEMENT PLANS, as adopted by the Governing Board of Allen, Bourbon, Cherokee, Crawford, Labette, Neosho, Wilson and Woodson Counties, in compliance with the Solid Waste Management Plan review requirements of K.A.R. 28-29-82 to be effective December 2, 1997, and;

 

WHEREAS, Allen County has subsequently reviewed the Solid Waste Management Plan that was in effect for the county and SSEKSWOA on December 2, 1997 and submits the following revisions:

NONE

NOW, THEREFORE, BE IT RESOLVED THAT: the Governing Body of Allen County is in compliance with the Solid Waste Management Plan review requirements of K.A.R. 28-29-82 until October 2004.

ADOPTED BY THE GOVERNING BODY OF ALLEN COUNTY, KANSAS THIS 15th DAY OF NOVEMBER 2005.

Commissioner Works moved to approve Resolution #200515. Commissioner Regehr seconded, motion passed 3-0-0.

Commissioners reviewed the budgets and proposed to have a hearing to amend the Airport, Ambulance and Solid Waste Funds. They will be published to have a hearing on December 20, 2005 at 10:00 a.m.

Commissioner Works left to attend a Kansas Association of Counties and Kansas County Official Association meeting in Junction City.

Commissioners reviewed the contracts with the City of Humboldt and the City of Moran. These contracts provides for Allen County to take over the ambulance services from each of the cities. Commissioner Regehr moved to sign and accept the contracts to take over the ambulance service. Commissioner Thompson seconded, motion passed 2-0-0.

AMBULANCE SERVICE AGREEMENT

THIS AGREEMENT is made and entered into on this 15th day of November, 2005, by and between the County of Allen, State of Kansas, a municipal corporation party of the first part hereinafter referred to as the County by and through its governing body the Board of Allen County Commissioners and the City of Humboldt, State of Kansas, a municipal corporation, party of the second part hereinafter referred to as the City by and through its governing body the City Council of Humboldt, Kansas.

WITNESSETH:

 

WHEREAS, the parties hereto are parties to an ambulance service agreement dated the 31st day of July, 2001 the purpose of which is to provide for continuous ambulance service for the residents of the City of Humboldt and the area surrounding said City, to include the Townships of Humboldt, Logan, Cottage Grove and Salem and to provide for transfer runs and back-up ambulance service throughout the County, and

 

WHEREAS, the parties desire to amend said agreement to provide for County to be the ambulance service provider and the City obligated only to provide a suitable facility to be used by County as a local ambulance station

 

NOW THEREFORE, for and in consideration of the mutual covenants and promises herein contained IT IS AGREED between the parties as follows:

 

The County will provide necessary ambulance service to include transfer runs for the City of Humboldt and the area surrounding said City, to include the Townships of Humboldt, Logan, Cottage Grove and Salem and will make any additional transfer runs and provide such additional back-up service as the Project Director and County Commission may from time to time direct.

 

The County shall operate and maintain said ambulance service or cause said ambulance service to be operated and maintained by a third party.

 

(3) The County undertakes to indemnify City from any and all liability, loss or damage which City may suffer as a result of claims, demands, costs or judgments against it which may arise as the result of action or inaction by County or its agents under the scope of this written agreement.

 

(4) The County will charge fees for the use of said ambulance in accord with uniform regulations adopted by the Board of County Commissioners, said fees to be assessed and collected by County and City shall have no responsibility therefore.

 

(5) The County shall appoint an EMS Service Director and said Director and the Allen County Commission shall be responsible for all aspects of the ambulance service including but not limited to payment of salaries, providing training, providing all equipment and providing all supervision necessary to the service. The City shall have no responsibility other than to provide a facility for housing the ambulance equipment and staff. The parties acknowledge and agree that the current facilities for housing the ambulance equipment and staff are adequate and acceptable to the County.

 

(6) The premises to be provided by City are located at Humboldt City Hall and are currently used to house the Humboldt Ambulance. During the course of this agreement, City shall keep the ambulance facility in good order and repair (though it shall be the responsibility of the ambulance staff to keep the premises clean). Repairs and maintenance other than keeping the facility clean shall be the responsibility of City.

 

(7) City shall be responsible for providing utilities to the ambulance facility including electricity, water, sewer and gas (if currently used) and shall pay the costs therefore. City shall not be required to provide any service or utility not currently provided to the Humboldt Ambulance service.

 

(8) Upon the effective date of this contract, City will transfer any and all equipment belonging to the Humboldt Ambulance Service to County. Further, City shall transfer to County all funds currently held by City in its ambulance fund and shall receive no more ambulance funds from County. City shall cooperate with County in providing County any ambulance payroll information, and any other ambulance administrative information requested by County. After the transfers provided above are completed, City’s responsibility for providing ambulance service pursuant to the terms of the prior agreement shall cease and County shall bear all responsibility therefore.

 

(9) County agrees to pay to City as rent for the ambulance facility the sum of $1.00 per calendar year on or before the 1st day of March of each year so long as this agreement remains in effect. Rental for the balance of the year 2005 shall be in the amount of $1.00 to be paid on the effective date. Failure to pay the rental aforesaid shall not result in termination of this lease unless 60 days written notice of nonpayment is given to the Allen County Commission.

 

IT IS FURTHER UNDERSTOOD AND AGREED that this agreement shall take effect

at 12:01 A.M. on the 16th day of November, 2005, and shall continue until December 31st, 2006. Thereafter, this agreement shall automatically renew from calendar year to calendar year unless sooner terminated by either party. Either party may terminate this agreement by giving 60 days written notice to the other party.

 

IN WITNESS WHEREOF, the parties have executed his agreement the day and date

first above written.

and

AMBULANCE SERVICE AGREEMENT

THIS AGREEMENT is made and entered into on this 15th day of November, 2005, by and between the County of Allen, State of Kansas, a municipal corporation party of the first part hereinafter referred to as the County by and through its governing body the Board of Allen County Commissioners and the City of Moran, State of Kansas, a municipal corporation, party of the second part hereinafter referred to as the City by and through its governing body the City Council of Moran, Kansas.

WITNESSETH:

 

WHEREAS, the parties hereto are parties to an ambulance service agreement dated the 31st day of July, 2001 the purpose of which is to provide for continuous ambulance service for the residents of the Cities of Moran, Mildred, Elsmore and Savonburg and the surrounding Townships of Marmaton, Elsmore, Osage and Deer Creek and to provide for transfer runs and back-up ambulance service throughout the County, and

 

WHEREAS, the parties desire to amend said agreement to provide for County to be the ambulance service provider and the City obligated only to provide a suitable facility to be used by County as a local ambulance station

 

NOW THEREFORE, for and in consideration of the mutual covenants and promises herein contained IT IS AGREED between the parties as follows:

 

The County will provide necessary ambulance service to include transfer runs for the Cities of Moran, Mildred, Elsmore, and Savonburg and the surrounding Townships of Marmaton, Elsmore, Osage and Deer Creek and will make any additional transfer runs and provide such additional backup service as the Project Director and County Commission may from time to time direct.

 

The County shall operate and maintain said ambulance service or cause said ambulance service to be operated and maintained by a third party.

 

(3) The County undertakes to indemnify City from any and all liability, loss or damage which City may suffer as a result of claims, demands, costs or judgments against it which may arise as the result of action or inaction by County or its agents under the scope of this written agreement.

 

(4) The County will charge fees for the use of said ambulance in accord with uniform regulations adopted by the Board of County Commissioners, said fees to be assessed and collected by County and City shall have no responsibility therefore.

 

(5) The County shall appoint an EMS Service Director and said Director and the Allen County Commission shall be responsible for all aspects of the ambulance service including but not limited to payment of salaries, providing training, providing all equipment and providing all supervision necessary to the service. The City shall have no responsibility other than to provide a facility for housing the ambulance equipment and staff. The parties acknowledge and agree that the current facilities for housing the ambulance equipment and staff are adequate and acceptable to the County.

 

(6) The premises to be provided by City are located at Moran City Hall and are currently used to house the Moran Ambulance. During the course of this agreement, City shall keep the ambulance facility in good order and repair (though it shall be the responsibility of the ambulance staff to keep the premises clean). Repairs and maintenance other than keeping the facility clean shall be the responsibility of City.

 

(7) City shall be responsible for providing utilities to the ambulance facility including electricity, water, sewer and gas (if currently used). Any of the aforesaid utilities that are separately metered for the ambulance bay shall be paid by County. City shall not be required to provide any service or utility not currently provided to the Moran Ambulance service.

 

(8) Upon the effective date of this contract, City will transfer any and all equipment belonging to the Moran Ambulance Service to County. Further, City shall transfer to County 90% of all funds currently held by City in its ambulance fund and shall receive no more ambulance funds from County. The remaining 10% of funds retained by City shall be used for wrapping up final bills attributable to City’s ambulance operations. City shall cooperate with County in providing County any ambulance payroll information, and any other ambulance administrative information requested by county. After the transfers provided above are completed, City’s responsibility for providing ambulance service pursuant to the terms of the prior agreement shall cease and County shall bear all responsibility therefore.

 

(9) County agrees to pay to City as rent for the ambulance facility the sum of $1.00 per calendar year on or before the 1st day of March of each year so long as this agreement remains in effect. Rental for the balance of the year 2005 shall be in the amount of $1.00 to be paid on the effective date. Failure to pay the rental aforesaid shall not result in termination of this lease unless 60 days written notice of nonpayment is given to the Allen County Commission.

 

IT IS FURTHER UNDERSTOOD AND AGREED that this agreement shall take effect at 12:01 A.M. on the 16th day of November 2005, and continue until December 31st, 2006. Thereafter, this agreement shall automatically renew from calendar year to calendar year unless sooner terminated by either party. Either party may terminate this agreement by giving 60 days written notice to the other party.

 

IN WITNESS WHEREOF, the parties have executed his agreement the day and date first above written.

Bill McAdams and Tom McAdams discussed the proposed ambulance barn in the City of Moran. Bill McAdams presented two proposals for insulation (different "R" value) in the building. Discussion followed. Commissioners approved the higher "R" rating.

Bill McAdams explained the quickest he could get a garage door would be in a couple of weeks. Commissioners stated the ambulance would not be housed for at least 60 days. A discussion followed on the source of heat and plumbing.

Allen County Commissioners will not be meeting on November 22, 2005 due to Kansas Association of Counties Annual Conference.

Commissioners approved the following documents:

Clerk’s Vouchers Totaling $49,626.49

Journal Entries # 99

Employee Expense Vouchers

With no further business to come before the board, the meeting was adjourned until November 29, 2005 at 8:30 a.m. in the Commission room of the courthouse.

Dick Works, Commissioner Walt Regehr, Jr., Commissioner
Sherrie Riebel, Allen County Clerk Kent Thompson, Chairperson

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

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