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Commissioners' Minutes 10/10/06
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Allen County Commissioners' Meeting Minutes

IOLA, KANSAS
OFFICE OF THE ALLEN COUNTY CLERK
October 10, 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                       October 10, 2006

EXCERPT OF MINUTES OF A MEETING

OF THE GOVERNING BODY OF

ALLEN COUNTY, KANSAS

HELD ON OCTOBER 10, 2006

The governing body met in regular session at the usual meeting place in the County at 8:30 a.m., the following members being present and participating, to-wit: Chairman Dick Works, Commissioner Walt Regehr, Jr., and Commissioner Kent Thompson and Sherrie L. Riebel, County Clerk.  The Chairman declared that a quorum was present and called the meeting to order.

Commissioners corrected and approved the minutes of the October 3, 2006 meeting.

Bill King, Public Works Director, presented bids for a copy machine for Public Works office. Bill Bigalow, Modern Copy Systems and Paul Butler, Copy Products, Inc. were present for comment. Bids were received from Modern Copy Systems for a Kyocera with a 16 per minute print speed, 3 year warranty or 100,000 copies for $1,769.00 with delivery upon receiving signed work order; Modern Copy Systems for a Kyocera with a 20 per minute print speed, 3 year warranty or 100,000 copies for $2,049.00 with delivery upon receiving signed work order; Copy Products, Inc. for a Toshiba with a 16 per minute print speed, 3 year warranty or 100,000 copies for $1,876.00 with delivery 10 days to 2 weeks but will install a loaner; and Copy Products, Inc. for a Toshiba with a 20 per minute print speed, 3 year warranty or 100,000 copies for $2,195.00 with delivery 10 days to 2 weeks but will install a loaner. Sales representatives presented their machines. Commissioner Thompson moved to approve the low and best bid from Modern Copy Systems for $1,769.00. Commissioner Regehr seconded, motion passed 3-0-0.

Bill reported the Allen County Airport is scheduled to be closed during the month of November for construction work with hopes that it won’t be closed that long. Discussion followed.

Bill requested signatures on contract agreements, performance bonds and payment bonds with Koss Construction Company for widening the runway and move the return taxi way. He reported Alan Weber, Allen County Counselor, has reviewed both sets of contracts. Commissioner Regehr moved to authorize Chairman Works to sign the two contracts. Commissioner Thompson seconded, motion passed 3-0-0. Chairman Works signed the contract. The associated concrete pavement agreement is to construct a 35’ X 4100’ parallel taxiway at the Allen County Airport. This construction will also entail striping and sealing of the concrete pavement.

Commissioner Regehr moved to go into executive session to discuss non-elected personnel for 5 minutes. Commissioner Thompson seconded, motion passed 3-0-0. Those in the room will be Chairman Works, Commissioner Thompson, Commissioner Regehr, Bill King, Public Works Director and Sherrie L. Riebel, Allen County Clerk. The time is now 9:20 a.m. Commissioners reconvened at 9:25 a.m. No action was taken.

Commissioner Thompson moved to authorize Bill to hire the individual who scored the highest on the interview for a landfill position. Commissioner Regehr seconded, motion passed 3-0-0.

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

Alan Weber, Allen County Counselor, discussed the refinancing of the PBC Bond for the Law Enforcement Center. Discussion followed.

Commissioner Works opened the public hearing for Community Facilities Application for CDBG funds. Elaine Dugan, Allen County Emergency Medical Services Director, and Sandy Erbe, Southeast Regional Planning Commission, were present for the hearing. Discussion followed on the need and other point items for the grant application. No public was present for comment. Commissioner Works declared the hearing closed.

* * * * * * * * * * * * * *

A matter relating to the sale of approximately $2,320,000* of Public Building Commission Refunding Revenue Bonds, Series 2006, on behalf of the County, came on for consideration and was discussed.

Commissioner Regehr presented and moved for the adoption of a Resolution entitled:

RESOLUTION UPDATING, RATIFYING AND CONFIRMING RESOLUTION NO. 200611 OF ALLEN COUNTY, KANSAS.

Commissioner Thompson seconded the motion to adopt the Resolution. Thereupon, the Resolution was read and considered, and the question put to a roll call vote, the vote thereon was as follows:

Aye: Commissioner Thompson, Commissioner Regehr, and Commissioner Works.

Nay: None .

The Chairman declared said Resolution duly adopted. The Resolution was then duly numbered Resolution No. 200611, and was signed by the Chairman and attested by the Clerk.

* * * * * * * * * * * * * *

* * * * * * * * * * * * *

RESOLUTION NO. 200611

RESOLUTION UPDATING, RATIFYING AND CONFIRMING RESOLUTION NO. 200611 OF ALLEN COUNTY, KANSAS.

WHEREAS, Allen County, Kansas (the "County") has heretofore adopted Resolution No.200611, authorizing and approving the selection of Piper Jaffray & Co., Leawood, Kansas (the "Purchaser") as the purchaser of certain "Public Building Commission Refunding Revenue Bonds, Series 2006" (the "Series 2006 Bonds"); and

WHEREAS, such Series 2006 Bonds have not yet been issued and the County desires to update, ratify and confirm the action taken in such Resolution No. 200611.

NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF ALLEN COUNTY, KANSAS, AS FOLLOWS:

Section 1. The selection of the Purchaser is hereby ratified and confirmed and the Purchaser is authorized to proceed with the offering for sale of the Series 2006 Bonds in an approximate amount of $2,320,000*, as described in the Preliminary Official Statement attached hereto as Exhibit A. The confirmation of the sale of the Series 2006 Bonds shall be subject to the execution of a bond purchase agreement between the Purchaser, the County and the Allen County, Kansas Public Building Commission (the "Issuer") and the adoption of a resolution by the Issuer authorizing the issuance of the Series 2006 Bonds and the execution of various documents necessary to deliver the Series 2006 Bonds. The Chairman is hereby authorized to execute a bond purchase agreement (the "Bond Purchase Agreement") in a form approved by Bond Counsel, provided that the sale of the Series 2006 Bonds is subject to the following parameters: (a) principal amount not to exceed $2,370,000; and (b) the present value savings associated with the issuance of the Series 2006 Bonds and the refunding of a portion of the Issuer's Revenue Bonds, Series 2002 (the "Refunded Bonds") shall be not less than 2% of the outstanding principal of the Refunded Bonds.

Section 2. The County hereby authorizes and approves the Preliminary Official Statement in substantially the form attached hereto as Exhibit A which as been updated since adoption of Resolution No. 200611, and further authorizes the preparation of a final Official Statement by amending, supplementing and completing the updated Preliminary Official Statement, and authorizes the execution of the final Official Statement by the Chairman with such changes and additions thereto as such official shall deem necessary or appropriate, such official's signature thereon being conclusive evidence of such official's and the County's approval thereof. The County hereby consents to the use and public distribution by the Purchaser of the updated Preliminary Official Statement and the final Official Statement in connection with the offering for sale of the Series 2006 Bonds.

Section 3. For the purpose of enabling the Purchaser to comply with the requirements of Rule 15c2-12(b)(1) of the Securities and Exchange Commission (the "Rule"), the appropriate officers of the County are hereby authorized: (a) covenant to provide continuous secondary market disclosure by annually transmitting certain financial information and operating data and other information necessary to comply with the Rule to certain national repositories and the Municipal Securities Rulemaking Board, as applicable; and (b) to take such other actions or execute such other documents as such officers in their reasonable judgment deem necessary to enable the Purchaser to comply with the requirements of such Rule.

Section 4. The Chairman, Clerk and other officers and representatives of the County, the Purchaser and Gilmore & Bell, P.C., Wichita, Kansas ("Bond Counsel") are hereby authorized and directed to take such other action as may be necessary to carry out the offering for sale of the Series 2006 Bonds.

Section 5. Resolution No. 200611 of the County, as updated hereby, is ratified and confirmed.

Section 6. This Resolution shall be in full force and effect from and after its adoption.

ADOPTED by the governing body on October 10, 2006

Commissioners approved the following documents:

Clerk's Journal Entries # 64

Clerk’s vouchers totaling $36,570.67

Payroll Changes

With no further business to come before the board, the meeting was adjourned until October 17, 2006 at 8:30 a.m. in the Commission room of the courthouse.

CERTIFICATE

I hereby certify that the foregoing Excerpt of Minutes is a true and correct excerpt of the proceedings of the governing body of the Allen County, Kansas, held on the date stated therein, and that the official minutes of such proceedings are on file in my office.

(SEAL)

Clerk

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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