IOLA, KANSAS OFFICE OF THE ALLEN COUNTY CLERK August 25, 2009

The Allen County Board of Commissioners met in regular session at 8:30 a.m. with Commissioner Robert A. Francis acting chair, Commissioner Gary G. McIntosh and Sherrie L. Riebel, County Clerk. Chairperson Dick Works was absent.

Bob Johnson, Iola Register representative, was present to observe the meeting.

Commissioners corrected and approved the minutes of the August 18, 2009 meeting.

Lee Gumfory, citizen, on behalf of himself and the River Rats group wanted to thank the county commission, Bill King and his crew, the City of Iola and their crew, Jack McFadden, D & K Concrete, Payless Concrete, John and Mitch Sigg, and New Klein Lumber for their help and donations on the River Bridge Park.

Thomas R. Williams, Allen County Sheriff, reported he has sent inmates to the REC Building to do outside work and would like to send them back out to start tearing out carpet and paneling. This would save money on some of the remodeling costs.

Commissioners reviewed Resolution 200915:

SPECIAL DISTRICT RESOLUTION

RESOLUTION NO.200915
A resolution expressing the property taxation policy of the Board of Allen County Commission with respect to financing the 2010 annual budget for Sewer District #1, Allen County, Kansas.
Whereas, K.S.A. 79-2925b provides that a resolution be adopted if property taxes levied to finance the
2010 Sewer District #1 district budget exceed the amount levied to finance the
2009 Sewer District #1 except with regard to revenue produced and attributable to the
taxation of 1) new improvements to real property; 2) increased personal property valuation, other than increased valuation of 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 of repaying the principal of and interest upon bonded indebtedness, temporary notes, or no-fund warrants; and
Whereas, budgeting, taxing and service level decisions for all district services are the responsibility of the district board; and
Whereas, Sewer District #1 provides essential services to district residents; and
Whereas, the cost of provision of these services continues to increase.
NOW, THEREFORE, BE IT RESOLVED by the Board of Allen County Commission that is our desire to notify the public of the possibility of increased property taxes to finance the 2010 Sewer District #1 budget as defined above.
Adopted this 25th day of August, 2009 by the Board of Allen County Commission, Allen County, Kansas. THE BOARD OF COUNTY COMMISSIONER OF ALLEN COUNTY, KANSAS

Commissioner McIntosh moved to adopt Resolution 200915. Commissioner Francis seconded, motion passed 2-0-0.

Commissioners reviewed Resolution 200916:

SPECIAL DISTRICT RESOLUTION

RESOLUTION NO.200916
A resolution expressing the property taxation policy of the Board of Allen County Commission with respect to financing the 2010 annual budget for Sewer District #2, Allen County, Kansas.
Whereas, K.S.A. 79-2925b provides that a resolution be adopted if property taxes levied to finance the
2010 Sewer District #2 district budget exceed the amount levied to finance the
2009 Sewer District #2 except with regard to revenue produced and attributable to the
taxation of 1) new improvements to real property; 2) increased personal property valuation, other than increased valuation of 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 of repaying the principal of and interest upon bonded indebtedness, temporary notes, or no-fund warrants; and
Whereas, budgeting, taxing and service level decisions for all district services are the responsibility of the district board; and
Whereas, Sewer District #2 provides essential services to district residents; and
Whereas, the cost of provision of these services continues to increase.
NOW, THEREFORE, BE IT RESOLVED by the Board of Allen County Commission that is our desire to notify the public of the possibility of increased property taxes to finance the 2010 Sewer District #2 budget as defined above.
Adopted this 25th day of August, 2009 by the Board of Allen County Commission, Allen County, Kansas. THE BOARD OF COUNTY COMMISSIONER OF ALLEN COUNTY, KANSAS

Commissioner McIntosh moved to adopt Resolution 200916. Commissioner Francis seconded, motion passed 2-0-0.

Commissioners reviewed Resolution 200917:

Resolution No. 200917

A resolution expressing the property taxation policy of the Board of Allen County Commissioners with respect to financing the 2010 annual budget for Allen County.

Whereas, K.S.A. 79-2925b provides that a resolution be adopted if property taxes levied to finance the 2010 Allen County budget exceed the amount levied to finance the 2009Allen County budget, except with regard to revenue produced and attributable to the taxation of 1) new improvements to real property; 2) increased personal property valuation, other than increased valuation of 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 of repaying the principal of and interest upon bonded indebtedness, temporary notes, or no-fund warrants; and

Whereas, 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 2009 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 2010 Allen County budget.

NOW, THEREFORE, BE IT RESOLVED by the Board of Allen County Commissions that is our desire to notify the public of the possibility of increased property taxes to finance the 2010 Allen County budget due to the above mentioned constraints, and that all persons are invited and encouraged to attend budget meeting 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 County Clerk by calling 365-1407 between the hours of 8:00 a.m. to 5:00 p.m., Monday through Fridays, excluding holidays.

Commissioners published budget in the Iola Register. Interested persons can also address.

Adopted this 25th day of August 2009 by the Board of Allen County Commissioners.

Commissioner McIntosh moved to adopt Resolution 200917. Commissioner Francis seconded, motion passed 2-0-0.

Sherrie reported on a State inspection at the Iola Senior Center. Anita Catron, site manager, had reported there is indirect plumbing at the senior center and needs to have an air break as well as the need to install a mop sink. Discussion followed. Allen County has until February 5, 2010 to comply.

Sherrie reported the lease on the Pitney Bowes postage meter is almost up. Commissioners requested to go out for bids for the postage meter.

Sherrie reported a run off report from Blue Cross Blue Shield would cost the county $100.00. David Dillon, BCBS representative, had stated it would not be a benefit. Commissioners declined to purchase the information.

Terry McDonald, citizen, joined the meeting for observation.

Dina Morrison, 31st Judicial District Court Clerk, presented a letter from Justice Marla Luckert in regards to the Federal Recovery Act Edward Byrne Memorial Justice Assistance grant funds that are set side for local government use. The letter included: The Allen County Commissioners certify that they recognize that the Federal Recovery Act Edward Byrne Memorial Justice Assistance grant funds are set aside for local government use; The Allen County Commissioners certify that the proposed project by the Kansas Judicial Branch will provide a direct local benefit; and The Allen County Commissioners agree that funding the Kansas Judicial Branch project is in the best interest of the unit of local government. Judge Timothy Brazil requested the commission sign. This would help the court employees not to have unpaid furloughs. Commissioner McIntosh moved to sign the letter. Commissioner Francis seconded, motion passed 2-0-0.

Bill King, Public Works Director, discussed the bridge project 1C-4206-01. He reported he would be publishing required notification.

Bill reported he has not heard back from the individuals he sent letters to in regards to the Planning and Advisory Committee for the Allen County Regional Airport Master Plan.

Bill reported they are chip sealing in Humboldt for the next few days.

Travis Allen, Southeast Kansas Community Action Program ARRA Specialist, introduced a CSBG-ARRA Community Development Project Proposal where they have received grant monies to get involved in communities. The Community Service Block Grant funds allocated through the American Recovery and Reinvestment Act of 2009 will be utilized – “to provide assistance to States and local communities, working through a network of community action agencies and other neighborhood-based organizations, for the reduction of poverty, the revitalization of low-income communities, and the empowerment of low-income families and individuals in rural and urban areas to become fully self-sufficient.” Discussion followed. Travis has visited with Angela Henry, Safe Base Director. Commissioners suggested he visit with David Toland, Thrive Director, to get ideas for the needs in the community. Travis stated he is just to provide the information and if the commission has any suggestions he would be the one to fill out the forms on behalf of the county, they can email or call him. He stated the main questions to qualify for the grant would be “How does this stimulate the economy?”

Alan Weber, Allen County Counselor, requested to go in to executive session. Commissioner Francis moved to go into executive session for 5 minutes for attorney client discussion. Commissioner McIntosh seconded, motion passed 2-0-0. Those in the room will be Commissioner McIntosh, Commissioner Francis, Alan Weber, Allen County Counselor and Sherrie L. Riebel, Allen County Clerk. The time is now 10:19 a.m. Commissioners reconvened at 10:24 a.m. No action was taken.

Commissioner Francis moved to go into executive session for 5 minutes for attorney client discussion. Commissioner McIntosh seconded, motion passed 2-0-0. Those in the room will be Commissioner McIntosh, Commissioner Francis, Alan Weber, Allen County Counselor and Sherrie L. Riebel, Allen County Clerk. The time is now 10:24 a.m. Commissioners reconvened at 10:29 a.m. No action was taken.

Commissioner Francis moved to go into executive session for 5 minutes for attorney client discussion. Commissioner McIntosh seconded, motion passed 2-0-0. Those in the room will be Commissioner McIntosh, Commissioner Francis, and Alan Weber, Allen County Counselor. The time is now 10:32 a.m. Commissioners reconvened at 10:37 a.m. No action was taken.

Pam Beasley, Allen County Emergency Management Coordinator, reported the Emergency Management Table Top Exercise would be October 29, 2009 from 1 to 5 p.m.

Sheriff Williams discussed a communications problem. The current repeaters are over 20 years old. A bid was received from Advantage Communications for $14, 451.00. He has two bids out. He will make sure the bids include a tower that is structurally and legally sound.

Commissioner Francis opened the Budget Hearing at 11:00 a.m. No public was present at this hearing. Commissioner McIntosh moved to adopt the budget as published. Commissioner Francis seconded, motion passed 2-0-0.

Jason Nelson, Allen County EMS Director, discussed putting living quarters into the proposed new portion of the building. Discussion followed. Alan stated he felt the money limit to keep under the variance limit requirements the commission might want to reconsider the Gas site. Discussion followed. No action was taken at this time.

Commissioner McIntosh stated he has requested Bill to have his crews take a look at the parking lot at the old REC building on State Street.

Commissioner Francis asked the sheriff who pays for the towing fees. Sheriff stated when the county has one of its vehicles down that Terry McDonald tows at no charge. Sheriff Williams stated he would like to put it out for bid to tow abandoned vehicles, impounded vehicles and any that would fall under the county’s responsibility. Discussion followed on whether it would still be the responsibility of the owner of the vehicle if it was owner requested. Alan explained some of the legal issues but stated it could be revisited and was concerned about security. Terry explained his impound lot is at his home with cameras installed. Random fee schedules were discussed as an issue. Commissioners requested Alan to visit with Sheriff Williams on the law requirements.

Jason reported they had 70 ambulance runs in the last three weeks. Discussion followed.

Commissioner McIntosh moved to go into executive session for 5 minutes to discuss non-elected personnel. Commissioner Francis seconded, motion passed 2-0-0. Those in the room will be Commissioner McIntosh, Commissioner Francis, Jason Nelson, EMS Director, and Sherrie L. Riebel, Allen County Clerk. The time is now 11:26 a.m. Commissioners reconvened at 11:31 a.m. No action was taken.

Commissioner McIntosh moved to go into executive session for 5 minutes to discuss non-elected personnel. Commissioner Francis seconded, motion passed 2-0-0. Those in the room will be Commissioner McIntosh, Commissioner Francis, Jason Nelson, EMS Director, and Sherrie L. Riebel, Allen County Clerk. The time is now 11:31 a.m. Commissioners reconvened at 11:36 a.m. No action was taken.

Commissioners approved the following documents:

a)  Clerk’s Vouchers Totaling $452,417.29 Signed on 8-19-2009

b)  Clerk’s Vouchers Totaling $61,485.32 Signed on 8-25-2009

c)  Payroll Changes

d)  Journal Entries # 62

e)  Abatements –Trucks Value 4145, $474.92, Year 2008

With no further business to come before the board, the meeting was adjourned until September1, 2009 at 8:30 a.m. in the Commission room of the courthouse.

______absent______

Dick Works, Chairperson Gary G. McIntosh, Commissioner

______

Sherrie L. Riebel, County Clerk Robert A. Francis, Commissioner