8.3 Disolve Joint Board of HealthCITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
7/1/13 4:00 P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL:
NO: 8
BY:
ITEM CITY MANAGER'S OFFICE FINAL APPROVAL:
NO: 3
Page 1 BY: Jason A. Gage, City Manager BY:e�o
ITEM: Consideration of existing Resolution No. 04-6132 "A Joint Resolution Reconstituting and
Restating the Organization of the Joint City- County Board of Health ".
BACKGROUND:
In 1955, the City of Salina and Saline County created a joint Board of Health ( "Health Department). In
Kansas, boards of health are inherently a county function, though state statutes allow cities and
counties to join together for this purpose. All of Saline County has experienced the benefits of this
arrangement for the last 57 years.
Over the last year, both the City and County have attempted to find an agreeable remedy to serious
structural roof deficiencies of the Health Department building. This building is owned by Saline
County, with certain responsibilities granted to the City. These deficiencies have resulted in the City's
Building Official declaring the building to be a "dangerous structure" in accordance with Section 302 of
the 1997 Uniform Code for the Abatement of Dangerous Structures. This action prompted the need to
vacate the building and raised concerns about the buildings ability to sustain heavy wind and snow
loads. As a result, a structural engineer was hired by the City to further review the roof deficiencies.
The structural engineer determined the building has serious structural truss and mansard deficiencies
and estimated the total repair cost at nearly $1 million.
Efforts over the last few months by City and County governing bodies to remedy the issue have not
yet resulted in agreement. This lack of agreement has compromised a timely approach to the matter
and raised questions about other provisions of the joint resolution. This has reasonably prompted the
need to review all aspects of Joint Resolution 04 -6132 that reconstituted the joint Board of Health.
FISCAL IMPACT:
No fiscal impact is associated with this item.
CONFORMANCE WITH STRATEGIC PLAN
Not applicable.
ALTERNATIVES and RECOMMENDED CITY COMMISSION ACTION:
No actions or recommendations are being offered at this time. However, it is still possible that an
action regarding any aspect of this resolution could be presented by staff for consideration by the City
Commission at the meeting.
(Published in The Salina Journal on November 7 2004)
SALINE COUNTY RESOLUTION NUMBER 04 -1843
CITY OF SALINA RESOLUTION NUMBER 04 -6132
A JOINT RESOLUTION
of
THE BOARD OF COMMISSIONERS OF SALINE COUNTY, KANSAS
and
THE BOARD OF COMMISSIONERS OF THE CITY OF SALINA, KANSAS
A JOINT RESOLUTION RECONSTITUTING AND RESTATING THE
ORGANIZATION OF THE JOINT CITY- COUNTY BOARD OF HEALTH.
WHEREAS, by Joint Resolution Number 1576 dated .tune 28, 1955, the governing bodies
of Saline County, Kansas ( "county ") and the City of Salina, Kansas ( "city ") declared their .
determination that the public health and sanitation of the county and city would be best promoted by
the creation of a joint board of health and created and established a joint city - county board of
health, all in accordance with K.S.A. 65 -205; and
WHEREAS, by Saline County Joint Resolution Number 667 dated October 23, 1973 and
City of Salina Joint Resolution Number 3165 dated October 29, 1973, the gcveming bodies of the
county and the city increased to ten the number of members composing the joint city- county board
of health; and
WHEREAS, by Saline County Joint Resolution Number 759 dated March 8, 1977 and City
of Salina Joint Resolution Number 3311 dated March 14, 1977, the governing bodies of the county
and the city increased to eleven the number of members composing the joint city- county board of
health; and
WHEREAS, the governing bodies of the county and the city desire to reconstitute and
restate the organization of the joint city -county board of health;
SO NOW, THEREFORE, BE IT RESOLVED by the governing boc-ies of the city and the
i1 County:
Section 1. Definitions. When used in this resolution or the codes of the county or the
city, the following terms shall either refer to or be defined as follows:
(1) "board" shall refer to the joint Salina - Saline County board of health.
(2) "health department" shall refer to the city- county health department established and
operated for the purposes of providing a public health program to protect and promote
the health of the population of Saline County as required by State law, and to provide
additional services deemed advisable by the Salina- Saline County board of health.
(3) "administrator /health officer" shall refer to the qualified local health program
administrator appointed in accordance with K.S.A 65 -201 by the joint Salina - Saline
County board of health or the administrator /licalth officer's designee.
(4) "medical consultant" shall refer to the person designated in accordance with K.S.A. 65-
201 as a consultant to direct the administrator /health officer on program and related
medical and professional matters.
Section 2. Organization. The board, as originally created and established in 1955 by
joint resolution of the county and the city, shall consist of eleven (11) members. The board shall
include two (2) members of the board of commissioners of the city to be appointed by the mayor for
a one -year term beginning April 15th of each year; and two (2) members oh the board of county
commissioners to be appointed by the chairman for a one -year term beginning January 15th of each
year. Those members of the board shall select as the remaining members of the board the following
residents of Saline County for no more than three (3) consecutive terms each:
(1) A doctor of medicine or osteopathy representing the Saline County Medical Society
I
selected from a list of two (2) or more qualified nominees submitted by that Society '
shall serve a three (3) year term beginning the January 1st following the
appointment.
i
(2) A dentist representing the Saline County Dental Society selected from a list of two
(2) or more qualified nominees submitted by that Society shall serve a three (3) year ,
terns beginning the January 1 st following the appointment.
(3) A registered nurse representing the local district of the Kansas State Nurses'
Association selected from a list of two (2) or more qualified nominees submitted by
that Association shall serve a three (3) year term beginning the January 1 st following
the appointment.
(4) A veterinarian representing the Saline County Veterinary Medical Association
selected from a list of two (2) or more qualified nominees submitted by that
Association shall serve a three (3) year term beginning the January 1 st following the
appointment.
(5) Three (3) members -at -large shall be selected from the combined expression of
interest forms on file with the city and the county. The members -at -large shall
consist of two residents of the City of Salina and one resident of Saline County
residing outside the City of Salina. The members -at -large shall each serve a three (3)
year term beginning the January I" following the appointment; provided, however,
that in order to establish staggered terms for the members -at- large, the initial terms
of the three (3) members -at- large shall be three (3) years, two (2) years, and one (1)
year, respectively.
Section 3. Powers and Duties. The functions, powers and duties of the board shall
include all functions, powers, duties and limitations as are now or hereafter may be provided by law
for the conduct of local municipal or county boards of health, including, without limitation, the
following.
(1) Determine and define the policies for the promotion of the public health and sanitation
of the county.
(2) Appoint an administrator /health officer.
(3) Adopt, amend and repeal rules, regulations and bylaws governing its programs and
procedures.
(4) File with the governing bodies of the county and the city during January of each year a
report of its activities and a statement of all receipts and expenditures during the
preceding year.
Section 4. Officers. The board shall elect a chair, vice- chair, and a treasurer from its
membership. The administrator /health officer, or his /her designated representative, shall serve as
secretary to the board. The treasurer shall give bond to be approved by the governing bodies of the
county and the city for the safekeeping and due disbursement of all funds that may come into the .
treasurer's hands.
Section 5. Budget and Expenditures.
_ (a) The board shall prepare a proposed annual budget estimating die amount of funds
necessary to carry on its public health programs for submission to the governing bodies of the
county and the city no later than May 31" each year.
(b) Following consideration of the board's proposed budget and approval of a final budget
by the governing bodies, the funds necessary to meet the necessary expenditures shall be provided
by the governing bodies of the county and the city on an equal basis, unless the governing bodies
agree otherwise.
- - - �,
(c) All money provided for health and sanitation purposes by [lie governing bodies of the
county and the city shall, when collected, be paid over to the treasurer of the board in an amount not
exceeding that budgeted by those governing bodies for such purposes. The board shall have the
exclusive control of the expenditures of al I money paid to the credit of its treasurer for health and
sanitation purposes, and the treasurer shall receive and pay out all the moneys under the control of
the board as ordered by it.
Section 6. Termination. The board shall ternninate and cease .activity whenever the '
governing body of either the county or the city adopts a resolution declaring its intention to
withdraw from the agreement. The governing body so declaring shall deliver to the to the other i
governing body and the board a certified copy of the resolution on or before July I", and such
withdrawal and dissolution shall become effective at the end of that calendar fiscal year. Any
money remaining in the hands of the treasurer of the board upon its dissolution shall be repaid to the
respective treasurers of the governing bodies of the county and the city in the same proportion in
which the governing bodies contributed during the last calendar fiscal year. All other unexpended
financial contributions shall be returned to their respective donors.
Section 7. Repealer. Joint Resolution Number 1576 dated Joie 28, 1955; Saline
County Joint Resolution Number 667 dated October 23, 1973 and City of Salina Joint Resolution
Number 3165 dated October 29, 1973; and Saline County Joint Resolution Number 759 dated
March 8, 1977 and City of Salina Joint Resolution Number 3311 dated March 14, 1977; are hereby
repealed.
Section S. Effective Date. This joint resolution shall be published once in the Salina
Journal and shall take effect and be in force from and after January 1, 2005.
Adopted by the Board of Commissioners of Saline County, Kansas, the 16 "' clay of
November, 2004, and by the Board of Commissioners of the City of Salina, Kansas, the 22 "d day of
November, 2004.
SALINE COUNTY
BOARD OF COMMISSIONERS
Sharon A. Barragree,
Mlcha M ife. Viec Chairman
Craig Sfcp!] oft,- 9ccrctary
ATTEST:
A ftk1
Donald R. Merriman, County Clerk
r01ir,;Te
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" - J
CITY OF SALINA
ARID OF COMMISSIONERS
M onte hadwick, Mayor
ATTEST: %
Lieu Ann Elsey, City Clerk