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Commissioners' Minutes 8/7/07
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Allen County Commissioners' Meeting Minutes

IOLA, KANSAS
OFFICE OF THE ALLEN COUNTY CLERK
August 7, 2007

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

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

Commissioners corrected and approved the minutes of the July 31, 2007 meeting.

Sandra Drake, Allen County Appraiser, discussed a product from CIC that would attach CIC tax to R&S Digital to combine information for tax purposes. Discussion followed. No action was taken at this time.

Sandra discussed a crashed hard drive. She reported it is on a computer that is used for mapping. Commissioners advised her to have it checked out.

Bill King, Public Works Director, discussed an Allen County bridge damaged by the flood near Geneva. Commissioners stated this is an emergency situation. Discussion followed on two ways to repair the existing structures presented by Dave McClure, Beachner Construction Company, Inc. Plan A is to excavate behind the existing abutment and encase the existing piling in concrete. Place a mat of reinforcing steel on both the front the back of existing piling. Plan B is to cover the pilings with rip rap. If the work is started now Beachner Construction could do it; if a later date is chosen it will be a while because they will be starting soon on a Wilson County Bridge. Commissioners approved to have the bridge rip-rapped on the stream side of the new abutment wall to prevent any under-cutting of the new webb wall. Commissioner Regehr moved to authorize emergency bridge work on this bridge, plan "A" from Beachner Construction Company, Inc. Commissioner Works seconded, motion passed 3-0-0.

Bill reported KDHE had an inspection at the landfill yesterday. Discussion followed. He has pulled the mower crew off today to help at the landfill.

Thomas R. Williams, Allen County Sheriff, discussed FEMA.

Bill discussed replacing the airport lawnmower. He requested permission to replace it. Discussion followed. Commissioners requested he get quotes or find a good used one for now.

Elaine Dugan, Allen County EMS Director, discussed the CBDG for the ambulance station. Discussion followed. No action was taken at this time.

Alan Weber, Allen County Counselor, presented information for a hearing to annex land into Rural Water District #8.

BEFORE THE BOARD OF COUNTY COMMISSIONERS

OF ALLEN COUNTY, KANSAS

IN THE MATTER OF THE PETITION OF LINDA FOLKS FOR ATTACHMENT OF

CERTAIN LANDS TO RURAL WATER DISTRICT NO. 8

NOW, on this 7th day of August, 2007, at 10:00 a.m., the same being one of the regular meeting days of the Commission, hearing is held on the Petition of Linda Folks, praying for said Board of County Commissioners to enlarge the boundaries of Rural Water District No. 8, Allen County, Kansas, to include certain lands owned by her.

Present are Alan D. Weber, Allen County Counselor and Tim Clover counsel for Rural Water District No.8. Other appearances are as follows: None

THEREUPON, the County Commissioners consider the evidence in support of the petition and, after due consideration, find as follows:

1. That the Petition herein was filed in the office of the County Clerk of Allen County, Kansas, on the 17th day of July, 2007; that the said County Clerk did on the 24th day of July, 2007, give notice in writing to the said Board of County Commissioners of the filing and pendency of said Petition; and on July 24, 2007, the Board of County Commissioners made its order setting the time and place for hearing upon said Petition as follows:

TIME: August 7, 2007

10:00 a.m.

PLACE: County Commissioners' Room

Allen County Courthouse

1 N. Washington

Iola, Kansas

2. That on the 24th day of July, 2007, the said County Clerk mailed postage prepaid, notice of the time and place of hearing upon said Petition to the Petitioner; 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 the time and place of hearing upon said Petition, together with a copy of said Petition with all exhibits; and at the same time and in the same manner mailed to Rural Water District No. 8, Allen County, Kansas, Office, % Georganna Jarred, 575 3000 St., Elsmore, KS 66732, notice of the time and place of hearing upon said Petition, together with a copy of said Petition with all exhibits.

3. That the statements contained in the Petition are true; that the lands described in the Petition are without an adequate water supply, and that attachment of said lands to Rural Water District No. 8, Allen County, Kansas, will be conducive to and will promote the public health, convenience and welfare. That the Board of Directors of Rural Water District No. 8, 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. 8, Allen County, Kansas.

4. The Board of County Commissioners furthers finds that the Petition filed herein is in conformity with the requirements of Chapter 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 lands described in the Petition are hereby attached to Rural Water District No. 8, Allen County, Kansas, and that the boundaries of Rural Water District No. 8, Allen County, Kansas, are hereby enlarged to include the lands lying within the boundaries of the metes and bounds description set forth in the attached Exhibit "A".

Commissioner Regehr moved to approve the enlargement the boundaries of Rural Water District No. 8, Allen County, Kansas, to include certain lands owned by Linda Folks. Commissioner Works seconded, motion passed 3-0-0.

Commissioner Regehr moved to go into executive session for 5 minutes to discuss land acquisition. Commissioner Works seconded, motion passed 3-0-0. Those present will be Chairman Thompson, Commissioner Works, Commissioner Regehr, Alan Weber, Allen County Counselor, Elaine Dugan, Allen County EMS Director, and Sherrie L. Riebel, Allen County Clerk. The time is now 10:13 a.m. Commissioners reconvened at 10:18 a.m. No action was taken.

Commissioner Works moved to authorize Chairman Kent Thompson to investigate land deals for the purpose of building an Emergency operations station. Commissioner Regehr seconded, motion passed 3-0-0.

Commissioners reported on a resignation letter from Larry Hart. Commissioner will take the matter under consideration until next week.

Commissioners discussed a letter from the Reach Foundations. They need an appointment to the board. Commissioner Regehr moved to reappoint Judy Works to serve on the Reach Foundation Board. Commissioner Thompson seconded, motion passed 2-0-1. Commissioner Works abstained.

Commissioners discussed the Iola Senior Center roof. Discussion followed. Alan will prepare a publication to go into the Iola Register.

Alan discussed questions asked of him on mitigation due to the flood.

Alan reported Don Cress’s attorney visited with Alan on the cease and desist orders. Don will continue to transfer dirt and debris until this current project is complete, he estimated two weeks. Don will then apply for the proper zoning.

Alan stated he is awaiting ACH’s confidentiality letter for historical financial, patient stats for Allen County’s research. Discussion followed.

Commissioners reviewed Resolutions 200708, 200709, 200710 and 200711.

RESOLUTION NO. 200708

A resolution expressing the property taxation policy of the Board of Allen County

Commissioners with respect to financing the 2008 annual budget for Allen County

Whereas, KSA 70-2925b provides that a resolution be adopted if property taxes levied to finance the 2008 Allen County budget exceed the amount levied to finance the 2007 Allen County budget, except with regard to revenue produced and attributable to the taxation of 1) new improvements to real property; 2) increases personal property valuation, other than increased valuation of the oil and gas leaseholds and mobile homes; and 3) property which has changed in use during the past year or with regard to revenue produced for the purpose repaying the principal of and interest upon bonded indebtedness, temporary notes, or no-fund warrants; and

Where4as, budgeting, taxing and service level decisions for all county services are the responsibility of the board of county commissioners; and

Whereas, Allen County provides the essential services to protect the health, safety and well being of the citizens of the county; and

Whereas, the cost of provision of these services continues to increase; and

Whereas, the 2007 Kansas State Legislature failed to fulfill its obligations in regard to the statutory funding of demand transfers and, by significantly limiting state revenue sharing payments to counties, has contributed to higher county property tax levies to finance the 2008 Allen County budget.

NOW, THEREFORE, BE IT RESOLVED by the Board of Allen County Commissioners that is our desire to notify the public of the possibility of increased property taxes to finance the 2008 Allen County budget due to the above mentioned constraints, and that all persons are invited and encouraged to attend budget meetings conducted by the Board of Allen County commissioners. The date and time of budget hearings with the Board of Allen County Commissioners will be published in the Iola Register. Interested persons can also address questions concerning the budget to the Allen County Clerk’s office by calling 620-365-1407 between the hours of 8:00 a.m. to 5:00 p.m. Monday through Fridays, excluding holidays.

Adopted this 7th day of August, 2007 by the Board of Allen County Commissioners

RESOLUTION NO. 200709

A resolution expressing the property taxation policy of the Board of Allen County

Commissioners with respect to financing the 2008 annual budget for Fire District #4, Allen County, Kansas.

Whereas, KSA 70-2925b provides that a resolution be adopted if property taxes levied to finance the 2008 Fire District #4 budget exceed the amount levied to finance the 2007 Fire District #4 budget, except with regard to revenue produced and attributable to the taxation of 1) new improvements to real property; 2) increases personal property valuation, other than increased valuation of the oil and gas leaseholds and mobile homes; and 3) property which has changed in use during the past year or with regard to revenue produced for the purpose repaying the principal of and interest upon bonded indebtedness, temporary notes, or no-fund warrants; and

Whereas, Fire District #4 provides essential services to district residents; and

Whereas, the cost of provision of these services continues to increase; and

NOW, THEREFORE, BE IT RESOLVED by the Board of Allen County Commissioners that is our desire to notify the public of the possibility of increased property taxes to finance the 2008 Fire District #4 budget as defined above.

Adopted this 7th day of August, 2007 by the Board of Allen County Commissioners

RESOLUTION NO. 200710

A resolution expressing the property taxation policy of the Board of Allen County

Commissioners with respect to financing the 2008 annual budget for Sewer District #1, Allen County, Kansas.

Whereas, KSA 70-2925b provides that a resolution be adopted if property taxes levied to finance the 2008 Sewer District #1 budget exceed the amount levied to finance the 2007 Sewer District #1 budget, except with regard to revenue produced and attributable to the taxation of 1) new improvements to real property; 2) increases personal property valuation, other than increased valuation of the oil and gas leaseholds and mobile homes; and 3) property which has changed in use during the past year or with regard to revenue produced for the purpose repaying the principal of and interest upon bonded indebtedness, temporary notes, or no-fund warrants; and

Whereas, Sewer District #1 provides essential services to district residents; and

Whereas, the cost of provision of these services continues to increase; and

NOW, THEREFORE, BE IT RESOLVED by the Board of Allen County Commissioners that is our desire to notify the public of the possibility of increased property taxes to finance the 2008 Sewer District #1 budget as defined above.

Adopted this 7th day of August, 2007 by the Board of Allen County Commissioners

RESOLUTION NO. 200711

A resolution expressing the property taxation policy of the Board of Allen County

Commissioners with respect to financing the 2008 annual budget for Sewer District #2, Allen County, Kansas.

Whereas, KSA 70-2925b provides that a resolution be adopted if property taxes levied to finance the 2008 Sewer District #2 budget exceed the amount levied to finance the 2007 Sewer District #2 budget, except with regard to revenue produced and attributable to the taxation of 1) new improvements to real property; 2) increases personal property valuation, other than increased valuation of the oil and gas leaseholds and mobile homes; and 3) property which has changed in use during the past year or with regard to revenue produced for the purpose repaying the principal of and interest upon bonded indebtedness, temporary notes, or no-fund warrants; and

Whereas, Sewer District #2 provides essential services to district residents; and

Whereas, the cost of provision of these services continues to increase; and

NOW, THEREFORE, BE IT RESOLVED by the Board of Allen County Commissioners that is our desire to notify the public of the possibility of increased property taxes to finance the 2008 Sewer District #2 budget as defined above.

Adopted this 7th day of August, 2007 by the Board of Allen County Commissioners

Commissioner Works moved to approve all the resolutions. Commissioner Regehr seconded, motion passed 3-0-0

Commissioners approved the following documents:

Vouchers -$ 45906.32

Journal Entries - # 64-65

Payroll Changes

Abatements – PP Value 360, $67.18, Year 2006

With no further business to come before the board, the meeting was adjourned until August 14, 2007 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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