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Commissioners' Minutes 1/24/06
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Allen County Commissioners' Meeting Minutes

IOLA, KANSAS
OFFICE OF THE ALLEN COUNTY CLERK
January 24, 2006

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.

IOLA, KANSAS          OFFICE OF THE ALLEN COUNTY CLERK          January 24, 2006

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

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

Commissioners corrected and approved the minutes of the January 17, 2006 meeting.

Commissioners amended their appointment on January 3, 2006 to the RC & D Board to be Brenda Swanson.

Commissioner Thompson moved to reappointed Ed Miller to serve on the Southeast Mental Health Board.  Commissioner Regehr seconded, motion passed 3-0-0.

David Dillon, Blue Cross Blue Shield Representative, had left a certificate of appreciation for 17 years of loyal patronage to Blue Cross Blue Shield.

Elaine Dugan, EMS Director, requested two computers for EM/EMS office.  Discussion followed on specs that were sent out.  They included P4 630 3GHZ, 160 GB Hard drive, 1GB Memory, DVD/RW, 3.5 inch floppy, 17 inch monitor, battery backup, fire wire port, Windows XP Pro, Microsoft Office, and Norton Anti-Virus.  Bids were received from Gateway for $2,007.94, Dell for $1,652.00 and Advantage Computer for $1,633.95.  Commissioners requested her to get more local bids.  Commissioner Regehr moved to authorize Elaine purchase the computers of her choice from the local bids.  Commissioner Thompson seconded, motion passed 3-0-0.

Bill King, Public Works Director, discussed a bridge that was down to one lane for maintenance.  The bridge is on 3600 Road.

Bill discussed a request from a business to bring trash to Allen County. 

Commissioner Regehr moved to go into executive session to discuss non-elected personnel for 10 minutes.  Commissioner Thompson seconded, motion passed 3-0-0.  Those in the room will be Chairman Works, Commissioner Thompson, Commissioner Regehr, and Bill King, Public Works Director. The time is now 9:13 a.m.  Commissioners reconvened at 9:23 a.m.  No action was taken.

Bill presented bids for steel pipe.  Bids were received from J.R.C. & Company for 2 3/8” OD 32’ length at $1.60 per ft. (new), 10 ¾” OD 40’-42’ length for $6.95 per ft. (new), 16” ID 48’ length for $17.95 per ft. (good used); Karchmaer Pipe & Supply for 2 3/8” OD 32’ length at $1.60 per ft., 10 ¾” OD 40’-42’ length for $11.25 per ft., 16” ID 48’ length for $19.00 per ft.  Bill needs 37 pieces of 2 3/8”, 15 pieces of 10 ¾” and 12 pieces of 16”Commissioner Thompson moved to approve the purchase from J.R.C. & Company.  Commissioner Regehr seconded, motion passed 3-0-0.

Bill presented bids for hand held radios.  Bids were received from Chanute Communications for a CP200 Motorola for $275.00 each (4 would equal $1,100.00), standard 2 year warranty (add 1 year for $25.00 or 2 years for $48.00), approximately 2 weeks delivery; TFM Communications Inc. for a CP200 Motorola for $277.50 each (4 would equal $1,110.00), 2 year warranty parts and labor, approximately 2 weeks delivery; and TBS Electronics for a CP200 Motorola for $287.00 each (4 would equal $1,148.00), 2 year warranty, approximately 2 weeks delivery.                                   Commissioner Thompson moved to authorize the purchase of four hand held radios.  Commissioner Regehr seconded, motion passed 3-0-0.

Bill discussed plans for replacing vehicles.   Commissioners approved Bill to get bids. 

Alan Weber, Allen County Counselor, discussed the Ambulance Service Agreement with the City of Iola. 

AMBULANCE SERVICE AGREEMENT

THIS AGREEMENT, made and entered into this 24th day of January 2006, by and between Allen County, Kansas, by and through its governing body, the Board of Allen County Commissioners, hereinafter referred to as “County” and the City of Iola, Kansas, by and through its governing body, the City Commission of Iola, Kansas, hereinafter referred to as “City”.

WITNESSETH:

WHEREAS, the parties hereto wish to provide for continuous ambulance service for the residents of the Cities of Iola, Gas, LaHarpe and Bassett, and the area surrounding said Cities, to include the Townships of Iola, Elm, Carlyle and Geneva, and for persons injured or in need of ambulance service in said Cities and said surrounding area and to adopt a plan to provide for back-up ambulance service throughout the County.

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

(1)     The City will provide primary ambulance service to the Cities of Iola, Gas, LaHarpe and Bassett, and the surrounding Townships of Iola, Elm, Carlyle and Geneva. The City will also provide primary coverage for the cities of Moran and Mildred and the surrounding townships of Marmaton, Osage and Deer Creek between the hours of 7:00 p.m. and 7:00 a.m.  In the event that any county ambulance is not available, City will provide back-up ambulance service in accord with the written directives and protocols issued by the Allen County Emergency Medical Services Director (hereinafter Director). The County will provide back-up service for City’s ambulances at such times as they are unavailable for service.

(2)     The County will furnish two (2) fully equipped ambulances and an emergency rescue vehicle all properly equipped for the use of and operation by the City.  County also has a 3rd ambulance to be used by City or County as needed which shall be housed by City.  The title and ownership of said vehicles and all ancillary equipment will remain in the County and the County shall be entitled to the immediate possession thereof upon the termination of this agreement or in the event the City shall fail to carry out the provisions herein provided.

(3)                 The City shall operate and maintain the ambulances and rescue vehicle provided by County.  All vehicle maintenance costs including routine maintenance, repairs and replacement of tires shall be paid by the County.  All maintenance and repairs shall be approved by or be in accordance with a schedule approved by the Director. County will also be responsible

for such equipment expense and such materials and supplies as are actually used in connection with City’s ambulance operations.  All equipment purchases shall be approved by the Director.  Medical materials and supplies for the ambulances must be purchased by City in a manner approved by the Director.   County shall provide all vehicle insurance for the ambulances and rescue vehicle.

(4)     The City does undertake to indemnify County from any and all liability, loss or damage County may suffers as a result of claims, demands, costs or judgments against it arising out of the failure of City or those acting under City to conform to the statutes, ordinances or other regulations or requirements of any governmental entity as required by this agreement, or for other claims which may arise as the result of action or inaction by City or its agents which may arise under the scope of this written agreement.  During the term of this agreement, City shall maintain liability insurance covering its ambulance and rescue operations in an amount not less than $500,000.00.  Further, all of City’s EMS related employees shall be compensated by City and City shall be responsible for all employee withholding, benefits and workman’s compensation payments.

(5)     The City and County shall charge fees for the use of the ambulances and rescue vehicle in accord with uniform regulations adopted from time to time by the Board of Allen County Commissioners.  Charges for ambulance and rescue vehicle runs made by City will be submitted by the City to the County for billing and collection. During the term of this agreement, Ninety-two percent (92%) of the amounts collected for the ambulance and rescue vehicle runs will be returned to the City to defer the expenses of the operation and maintenance of the ambulance and rescue vehicle.  The remaining eight percent (8%) will be retained by the County as compensation for its collection activities.

(6)                The City’s EMS will be headed by the Iola Fire Chief unless the City otherwise advises the County in writing.  The Fire Chief shall be responsible to report to the Director on any issues affecting the City EMS operations but shall not be responsible to report to the Director on issues relating solely to the operations of the City of Iola Fire Department.  The Fire Chief shall have final authority in making recommendations to the City’s governing body regarding hiring, firing or disciplining any personnel for the Iola EMS/ Fire Department but shall permit the Director to have access to any personnel information, as is permitted by law or the City personnel manual, deemed relevant to EMS operations and be involved in any interviews relating to hiring, firing or disciplining of personnel who have or may have EMS duties.  City shall comply with all requirements of the Kansas Board of Emergency Medical Services and all medical and operational protocols established by the Director.  City will also participate in and comply with the Director’s Quality Assurance Plan.  All run reports shall be submitted promptly to the Director for review and billing. Any other EMS records of the City shall be submitted to the Director on request or in accord to a schedule established by the Director.  The Director will be responsible to implement a countywide training program and to provide City and County EMS personnel adequate training opportunities to meet the requirements for annual re-certification of Emergency Medical Technicians certified by the State of Kansas.  The Director will designate a Training Officer, who will work in cooperation with any EMT Instructor Coordinator. The annual re-certification fee shall be the responsibility of each EMS employee.

(7)     In addition to the training opportunities set out in paragraph (7) above, the County shall provide funds for such other additional training as may be required by any government order, regulation, mandate or otherwise approved by the Director.  Any such funds shall be above the amount provided as a subsidy in paragraph nine (9) below.

(8)      As a subsidy to assist the City in deferring the expenses of operation of the ambulance and rescue vehicle service, the County shall pay to the City the sum of Eighty thousand & no/100 ($80,000.00) DOLLARS for the year 2006 and subsequent years unless modified by mutual agreement of the parties.  The subsidy provided above shall be payable semi-annually with the first installment being due on or before the 31st day of January of each year and the second installment being due on or before the 31st day of July of each year.

(9)      The County shall appoint and compensate the Emergency Medical Services  Director for Allen County.  The Director shall have the authority to:

a.        Establish and enforce medical protocols

b.       Establish and enforce operational protocols

c.        Establish and implement a Quality Assurance Plan

d.       Assure that all ambulance personnel meet the requirements established by the State of Kansas

e.        Inspect all ambulances and require that ambulances be properly cleaned and maintained

f.          Approve all purchases of equipment and to establish approved methods/vendors for purchasing ambulance supplies

g.       To require all ambulance personnel to attend any training the Director designates

h.       To participate in any hiring, firing and/or disciplinary action regarding EMS personnel

           (10)                 In the event of any dispute between City and County or between any of their EMS related personnel; the governing bodies of the parties shall meet to resolve the dispute.  If the dispute cannot be resolved then the parties may, by mutual agreement, appoint a mediator.

IT IS FURTHER UNDERSTOOD AND AGREED that this agreement shall be in effect until December 31, 2007, and from year to year thereafter at the 2006 subsidy rate unless sooner terminated by either party giving six (6) months written notice to the other party of its intent to terminate.

IT IS FURTHER AGREED that the Board of County Commissioner may adopt such regulations as it deems necessary for the operation of ambulances in Allen County and such regulations shall be binding upon the City and the City agrees to abide thereby.

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

Commissioner Thompson moved to approve the Ambulance Service Agreement contract with the City of Iola.  Commissioner Regehr seconded, motion passed 3-0-0.

Commissioners reviewed the 2006 911 Service contract with the City of Iola. 

AGREEMENT FOR THE PURPOSE OF PROVIDING 911 SERVICE

COMES NOW the party of the first part, Allen County, a municipal corporation organized and existing pursuant to the laws of the State of Kansas (hereinafter referred to as “County”), and the City of Iola, a municipal corporation operating and existing under the laws of the State of Kansas (hereinafter referred to as “City”), and

Each of the parties for and in recognition of their obligation to provide services to the general public and being aware that a 911 emergency telephone service is a significant benefit to the general population, and in an effort to provide such 911 service to the taxpayers of Allen County and the City of Iola enter into the following agreement.

County agrees to:

1.             Provide all necessary equipment needed to provide appropriate 911 service within Allen County.  County furthermore agrees to see that the equipment is properly serviced and repaired when needed, and updated as deemed necessary.

2.                Pay to City an annual total of $142,440, in the following installments:

$ 35,610.00 on or before January 5, 2006

$ 35,610.00 on or before April 5, 2006

$ 35,610.00 on or before July 5, 2006

$ 35,610.00 on or before October 5, 2006

3.             Appoint an Advisory Committee consisting of five members, at least two of whom are residents of the City of Iola and chosen by the City.  Said Advisory Committee's purpose shall be to:

a.                Respond to the concerns and inquiries of residents of Allen County regarding 911 service.

b.               Assure that 911 operations are adequately equipped and staffed.

c.               Assure a quality 911 service is provided throughout the county on an equal basis.

 In return, City agrees to:

 1.                Provide a location for the 911 dispatch to be set up.

2.                Provide adequately trained personnel to provide 911 service on a 24-hour basis. 

It is furthermore agreed that the 911 Advisory Committee shall provide an annual report and budget recommendations to both Governing Bodies by the First Tuesday in June, at which time a joint meeting of the governing bodies of the City and County may be called for the purpose of discussing information on the operation of 911 service and negotiating budgets and the contract for the upcoming year.

In conjunction with providing an annual report, the 911 Advisory Committee is also charged with the task of reviewing the apportionment of cost and expenses as attributed to 911 service, and to insure that said cost and expenses are being borne in an equitable fashion, and to make recommendations on the amount of payment to be made by the County to the City.

All the people hired and operating in some capacity associated with the 911 dispatch group shall be employed and be recognized as employees of the City, and shall be governed accordingly pursuant to the personnel handbook and rules, regulations and ordinances of the City.

Both parties agree that this Agreement shall be renewed annually on July 1 of each year.  If no agreement is reached by County and City regarding their respective payments, duties and responsibilities under this Agreement cannot reach an agreement, then this Agreement shall expire on October 1 of the year in which no agreement is reached.

Further modifications of this Agreement will be done by Addendum.  This is due to anticipated yearly fluctuations as to the amount to be paid pursuant to this Agreement.

Finally, it is agreed that any and all third-party liability that may arise as a result of this Agreement and operation of said service shall be jointly shared by the respective parties.

Commissioner Thompson moved to approve the 911 Service contract between the City of Iola and Allen County.  Commissioner Regehr seconded, motion passed 3-0-0.

Commissioners requested Alan to review a proposal from Piper Jaffrey to refinance the Public Building bond.  

Commissioners reviewed the application for cereal malt beverage license for Buddy’s Pointe; it is a renewal. Commissioner Regehr moved to approve the cereal malt beverage licenses.  Commissioner Thompson seconded, motion passed 3-0-0.

Alan discussed a meeting he attended last night on KU doing a needs assessment for Reach Foundation in Allen County.  The researchers will be doing a community survey.   

Commissioner Thompson moved to go into executive session to discuss Attorney-Client Privilege for 10 minutes.  Commissioner Works seconded, motion passed 3-0-0.  Those in the room will be Chairman Works, Commissioner Thompson, Commissioner Regehr, and Alan Weber, Allen County Counselor. The time is now 10:20 a.m.  Commissioners reconvened at 10:30 a.m.  No action was taken.

Commissioners reviewed Marmaton Twp, Osage Twp, and Fire District #2 (Allen County Volunteers) annual reports. 

Commissioners approved the following documents:

a)      Clerk's Journal Entries # 6&8 

b)      Clerk’s vouchers totaling $23,599.79 signed January 20, 2006

c)      Clerk’s vouchers totaling $ 25,796.85 signed January 24, 2006

d)      Year End Vouchers totaling $3788.36 signed January 20, 2006

e)      Abatements RE – Value76, $9.26, Year 2004

f)        Abatements RE - Value 3851, $569.52, Year 2005

g)      Specials-2005, $280.60

h)      Specials-2004, $404.80

i)        Specials-2003, $381.20

j)        Specials-2002, $298.80

k)      Specials-2001, $231.20

l)        Specials-2000, $167.70

m)    Payroll Changes

With no further business to come before the board, the meeting was adjourned until January 31, 2006 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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