July 24, 2018                                                            Tuesday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners and the County Clerk present.

Tammy Helm with the Fort Scott Tribune and Matt Crystal were also present for a portion of the meeting.

Jim Harris reported that there were 330 vehicles that dumped during the recent free dump days at the Landfill. The Commissioners complimented the operations at the Landfill. The upgrades made to the Landfill are being paid for through dump fees; Lynne said he hopes to pay the Landfill off early. Jim said they will be upgrading a camera at the Landfill; he said they turned a customer away at the Landfill and a while later there was furniture dumped in the ditch (but was unsure of who dumped the debris).

Jim said they plan to start overlaying in Uniontown on Wednesday.

Jim said they had been using the pothole patching machine near the airport and near Hiatville. Matt Crystal questioned what size of aggregate is being used in the pothole machine; Jim said the size they can use varies. The Commissioners said Yale Road has potholes that need fixed.

Jim and the Commissioners discussed the cost of road equipment and the debt that the County has incurred in the past for the equipment.

Jim reported they are mowing and hauling gravel around the County. He said the new Noxious Weed employee is doing a good job.

Lynne asked that Jim look at the condition of Limestone and 55th.

Lynne discussed the re-striping of the road in front of USD 235; Jim said he would discuss this with USD 235 employee Jeff Reed.

Cheryl Adamson came to listen to a portion of the meeting.

Nick discussed the low water crossing at 245th & Range Road, he said the County has 3 options; option 1. Concrete $15,000 plus the cost of steel, option 2. 5 – 72” aluminum pipes for $12,500 or option 3. 72” steel pipes for $34,000 (which could be a 100 year fix). Jim said engineer Frank Young approved all three options. Nick made a motion to give Jim the authority to fix the bridge with the 72” steel pipes for $34,000, Jeff seconded and all approved. Jeff questioned when they would be having a work session; Jim said he is still waiting on reports from Schwab Eaton before having a work session.   Jim said this will be paid for out of Bridge & Culvert fund and that this will be the only major bridge that the County will do this year.

Lynne said that Paul Snyder thanked Jim for the work done.

Jim Harris reported that Woods Cemetery near Redfield needed minimal work from the County; Lynne made a motion to give Jim the authority to do the work needed in the Cemetery, Jeff seconded and all approved.

Justin Meeks arrived at the meeting.

Nick asked that Jim call David Shadden regarding a field entrance.

Jim said that the City of Uniontown in renting a plainer for work that the County will be doing in Uniontown.

Justin Meeks asked that Jim call Michelle Sharp regarding a bridge that had been fixed.  

Lynne made a motion that all three Commissioners may be attending a public hearing on July 30th at 4:00 pm at the City Hall regarding the proposed improvements at the Fort Scott Municipal Airport, Jeff seconded and all approved.

Justin Meeks discussed the proposed walking trail near the industrial park; he said one landowner may have an issue with the location of the route of the trail, but said there are 2 other alternative locations to reroute around this landowner and said the other options would require additional supplies to create something to block vehicles.

Justin Meeks discussed the proposed County-wide NRP program; he said he will be meeting with the City of Fulton; he said that the City of Mapleton did not have a quorum at their last meeting to discuss NRP. Justin said he felt the NRP program is needed for future growth. Justin said there are numerous townships and cemeteries that he has not received an adopted NRP from. Justin will be attending the Township budget hearings to discuss the NRP program.

Shane Walker presented bids from contractors regarding work being done on the first floor to move the 2nd floor offices to the 1st floor. For electrical; Jeff Allen bid $3,162 and Brock Electric bid $3,569. For contractors work, Central States bid $26,595 (they could start as early as 2 weeks and be completed in 2-3 weeks) and Great Expectations bid $26,452 (they said they could start in September and it would take 3-4 weeks to complete). Shane said he is still trying to get flooring quotes from Derailed Commodities and from Pittsburg Interiors.

Lynne made a motion to go into a 20 minute executive session for personnel matters of individual non-elected personnel, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and Shane Walker). No action was taken.

Lynne made a motion to go into a 30 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Jeff seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

Lynne made a motion to go into a 15 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Jeff seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

KSN TV interviewed the Commissioners regarding the remodeling of the old jail and the Landfill.

The Commissioners went to lunch at 11:55 and reconvened at 1:30.

The Commissioners continued to work on the 2019 budget.

Jeff made a motion to go into a 10 minute executive session for personnel matters of individual non-elected personnel, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and Kendell Mason). No action was taken.

Nick made a motion to go into a 5 minute executive session for personnel matters of individual non-elected personnel, Lynne seconded and all approved, (the session included the Commissioners, Justin Meeks and Kendell Mason). No action was taken.

Nick made a motion to accept the bid from Central States for $26,595 and the bid from Jeff Allen for $3,162 to remodel the old jail, Jeff seconded and all approved. Jeff suggested that there be start and completion date added to the contract. Nick said he selected Central States due to the fact that they can start the project earlier than Great Expectations.

Lynne made a motion to go into a 5 minute executive session for personnel matters of individual non-elected personnel, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and Clint Anderson). No action was taken.

Nick made a motion to give Lynne the authority to attend a meeting on July 25th at Hidden Valley regarding tax sale properties, Jeff seconded and all approved.

At 4:21, Jeff made a motion to adjourn, Nick seconded and all approved.

                                                  THE BOARD OF COMMISSIONERS

                                                  OF BOURBON COUNTY, KANSAS

                                                  (ss) Lynne Oharah, Chairman

                                                  (ss) Jeff Fischer, Commissioner

                                                  (ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

07/31/2018, Approved Date

July 17, 2018                                                            Tuesday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners, the County Counselor and the County Clerk present.

Jim Harris said they are mowing around the County. He said they are using the newly purchased pothole patching machine near Fort Scott Lake and will be working in other areas west of this. Lynne reported potholes near 125th & Yale Road.

Jim said they are hauling gravel from the Thomas Quarry and crushing at the Shepherds Quarry. Jeff suggested that 265th could use some clay on the road.

Jim Harris said he would contact Schwab Eaton requesting the annual bridge inspection report.

Lynne said a Uniontown resident suggested that the County offer one free dump day/year for County taxpayers to help keep the County clean and the trash out of the ditches. No decision was made on this option.

Lynne discussed a $3,800 part that attaches to the motor grader that is a 12’ magnet that picks up metal. Jeff made a motion that Lynne and Jim go to Wichita to view a demonstration of this equipment, Nick seconded and all approved.

Lynne said a resident questioned if the County would be smoothing out the driveways on 230th where the County did work; Jim said yes.

Jim Harris said they would be repairing retention ponds near the Landfill by putting a pipe back in that at sometime was removed.

There was discussion over the nice appearance of the Transfer Station; Jim said this is a result of the employees there.

Jeff suggested that Jim put an apron on the edge of the asphalt to preserve the newly paved asphalt on Native Road near the Landfill.

Lynne discussed a portion of the USD 235 school district that is not in the city limits; Lynne said that when the County was doing the 1” overlay in the area, they should’ve continued on Maple Road by the portion of the school that is not in the City limits. Lynne made a motion that Jim gets a cost to do Maple Road in front of USD 235, Nick seconded and all approved. The motion was amended to the following motion; Lynne made a motion to proceed with repairing the portion Maple Road in front of USD 235 that is not in the city limits, Jeff seconded and all approved.

David Duffy with Marmaton Township met with the Commissioners; he said that Woods cemetery is expanding for more lots and requested that the County re-establish an access road for the new lots; the Commissioners asked Jim to estimate a cost to do this road.

Jeff Fischer discussed the long hauling distance for gravel; he discussed viewing the timecards to see where the County has been hauling rock and questioned if there was a way to report this information; Jim said this data is available.

Jeff complimented Jim on a speed limit sign that was fixed on Kansas Road.

Jeff said he visited with a resident that the County had used the sign arm mower on their trees; Jeff suggested that the operator think twice on using the side arm mower in an area where the residents are maintaining the ditches.

Jim reported that it is free dump day for County residents at the Landfill on July 20th & July 21st. Call 223-5773 with any questions.

There was a discussion over a request for a coroner payment for a deceased out-of-county resident; Jeff questioned if the residents’ insurance should reimburse the County for this expense or questioned if there was a way for the County to recover these costs.

Justin Meeks said that Lynne had asked him to find out how many law officers are needed in the city; Justin said the national average is 1 officer to 580 people. Justin said the City has 13 patrol officers which is 1/468 people.

Justin said he will be attending a meeting regarding the walking trail at the industrial park.

Justin said that he has met with the title company doing work for the tax sale; he said they are trying to do 10 properties/week and said there are approximately 300 properties total.

Justin said that USD 346 is considering participating in the County-wide NRP program.

Lynne will be attending a meeting regarding the Landbank on July 25th at 1:00.

Lynne made a motion to go into a 3 minute executive session for preliminary discussions relating to the acquisition of real property, Nick seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

Lynne made a motion to go into a 15 minute executive session for personnel matters of individual non-elected personnel, Jeff seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

Lynne made a motion to go into a 20 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Nick seconded and all approved, (the session included the Commissioners and Justin Meeks).

Lynne made a motion to approve Resolution 19-18, a wage resolution adding the Deputy County Appraiser position, Nick seconded and all approved and signed the resolution.

Lynne made a motion to approve Resolution 20-18, a resolution changing the mileage rate to 54.5 cents/mile, Nick seconded and all approved and signed the resolution.

At 12:14, Nick made a motion to break for lunch and reconvene at 1:30, Jeff seconded and all approved.

P1 Group Inc. representatives Pat Curnow and Tim Mense met with the Commissioners. P1 Group previously did an energy audit on the Courthouse and plan to re-evaluate the master plan they previously did with today’s pricing. After re-evaluating the master plan they could do an investment grade audit. The Commissioners said Shane Walker and David Neville would be the contact regarding the buildings. They said they could do retro-commissioning (which is a billable service, but said they would need drawings of the building) at the new jail by looking at the design of the building and equipment to figure out why the cooling system isn’t doing what it was designed to do at the new jail. The Commissioners questioned if there would be a benefit of going solar at both the Courthouse and new jail. P1 said they could bring a company in to do a walk through to establish a scope and get some numbers together. They said some utility companies offer rebates for solar.

Jim Harris reported to the Commissioners that he had received a phone call from the new jail requesting that Road & Bridge put fuel in the generator; Jim said they put 190 gallons of fuel in the generator and would bill the jail for the cost of the fuel.

Jim Harris and the Commissioners again discussed the possible voucher system for 1 free dumping at the Landfill when the tags are renewed; Jim said he felt that this could be easy to administer with the Treasurers Offices help. Nick made a motion to move forward with the voucher system and that Jeff Fischer help with the concept and creating the documents to be administered with tag renewals, Lynne seconded and all approved. The Commissioners will discuss this again next week.

Lynne made a motion to go into a 15 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and Jim Harris). No action was taken.

Lynne made a motion to go into a 15 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and Jim Harris). After the session, Jeff made a motion that Lynne and Jim meet with Larry Jurgensen regarding the request for road work inside the city limits of Uniontown, Nick seconded and all approved.

Lynne made a motion that all of the Commissioners attend a meeting at the new jail on July 18th @ 10:00 am, Nick seconded and all approved.

The Commissioners worked on some of the 2019 budgets. Mark McCoy was present during this portion of the meeting.

Lynne made a motion to go into a 10 minute executive session for personnel matters of individual non-elected personnel, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and Kendell Mason). No action was taken.

At 4:10, Nick made a motion to adjourn, Jeff seconded and all approved.

                                                  THE BOARD OF COMMISSIONERS

                                                  OF BOURBON COUNTY, KANSAS

                                                  (ss) Lynne Oharah, Chairman

                                                  (ss) Jeff Fischer, Commissioner

                                                  (ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

07/24/2018, Approved Date

July 10, 2018                                                  Tuesday 9:00 am

The Bourbon County Commission met with all three Commissioners, the County Counselor and the County Clerk present.

Nancy Van Etten and Matt Crystal were also present for a portion of the meeting in the morning.

Jim Harris said they are demonstrating the pothole patching machine on a road near the KOA Campground; Jim said the machine is very efficient.

Jim reported they are crushing at the Shepherds Quarry and will be making chips at both the Beth and Thomas Quarry. He said they are mowing and hauling gravel.

Lynne asked Jim to view the road near 55th & Quail Road going east.

Jim said they rocked the road near Timberhill; he said this is a public road, but has seen the gate closed there several times.

Jeff said Betty Hall requested mowing in an area on Walburn; there was discussion over whether this is a County or City road.

Lynne reported that Larry Jurgensen with the City of Uniontown requested that the corner by the fire station be smoothed out; he said the City of Uniontown will pay for this. Jim said he would view this area report back to the Commissioners.

Jim Harris reported that he had loaned the Bomag Reclaimer to the City of Fort Scott.

Jim said they cleaned a ditch where the water was backing up at 7 & 54 Highway.

Jim said they are still waiting on the bridge report from Schwab Eaton.

Jim reported that they have completed culverts at two locations near the State Line; he said they have one left to do.

Jim Harris said they are waiting to spend money on the shipping container to be used for weed chemical storage at the Road & Bridge barn until he sees the June month end financial reports. He said the new Noxious Weed employee will start spraying chemicals this week.

Tammy Helm with the Fort Scott Tribune arrived at the meeting.

Jim said they are received 2-4 loads of soybean husks at the Landfill each week.

Lynne said the low water crossing on 65 Highway between 75th & 85th needs work.

Lynne said he has talked to Kevin Rost with The Goldberg Group regarding the air conditioning issues at the new jail; Lynne said he felt that someone needs to be on-site at the jail until the problem is solved.

Max Fanning met with the Commissioners; he said he read about the possible data center at the old jail in the newspaper; he said there is a resident in Fort Scott who has knowledge in this field. Jeff asked that Max have this person contact him.

Jan & Dan Laughlin met with the Commissioners requesting dust control; the Commissioners asked them to meet with the Road & Bridge department.

Jeff made a motion to go into a 15 minute executive session for personnel matters of individual non-elected personnel, Nick seconded and all approved, (the session included the Commissioners, Bill Martin, Ben Cole, Justin Meeks and Kendell Mason). After the session, Lynne gave Justin permission to research an hourly pay issue.

Treasurer Patty Love met with the Commissioners to present her 2019 budget; she requested $111,385, in 2018 she received $107,645. Patty said the increase is due to publication costs going up 15%. Patty did request a raise for her employees.

Patty Love discussed the proposed KIOSK idea the Commissioners had mentioned for the 1st floor of the Courthouse. Patty said the Johnson County Treasurers office is the only county in Kansas using a KIOSK. Johnson County said they didn’t think a KIOSK would be effective for Bourbon County. Patty said she didn’t think the KIOSK would get enough use in Bourbon County and said she didn’t think she could reduce staff if a KIOSK was put in place in Bourbon County, she said Bourbon County doesn’t have a high enough volume to justify a KIOSK. Patty said if someone is taking the time to come to the Courthouse they weren’t going to use a KIOSK versus meeting with an employee for help. Patty said there are already functions in place that can be done on-line such as, paying taxes on line. Justin Meeks said a KIOSK could provide maps, deeds and allow for paying taxes. The Commissioners said a KIOSK is not part of the initial plan when the offices move from the 2nd floor to the 1st floor. Patty Love said in the future it would be nice to be included in any discussions that involve her office; she said if the Commissioners want any information regarding the Treasurers office, she would be happy to get that for them.

At 10:30, Lynne made a motion that the Commissioners meet Jim Harris by the KOA Campground to view the pothole patching machine working, and to reconvene at 11:30, Nick seconded and all approved. The Commissioners arrived back at 11:15, Nick made a motion to amend the time to reconvene to 11:15, Lynne seconded and all approved.

Lynne made a motion that Jeff Fischer be on the board for the Landbank, Nick seconded and the motion passed.

Jeff made a motion to approve the purchase of a refurbished patching machine from Total Patcher for $45,000 to be paid for out of the Sales Tax fund, Nick seconded and all approved.

Lynne made a motion to go into a 7 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and Patty Love). After the session, Justin reminded the Commissioners that anything discussed in an executive session is confidential.

At 12:04, Lynne made a motion to break for lunch and reconvene at 1:30, Nick seconded and all approved.

Lynne made a motion to go into a 10 minute executive session for personnel matters of individual non-elected personnel, Jeff seconded and all approved, (the session included the Commissioners, Justin Meeks and Lora Holdridge). No action was taken.

Mark McCoy met with the Commissioners; he questioned the digging that was being done on the west side of Jayhawk Road, the Commissioners said it was probably sub-contractors working for Craw-Kan who is installing fiber. The Commissioners said they hope to have a data center in the old jail space in the future. Mr. McCoy said he was a member of the Visioning Committee; he suggested that entities should meet and discuss the possibility of reducing, saving expenses and prevent costs from going up. He felt the entities should work together to explore, inform, educate and learn how to save money for future advancement and minimal cost.

Lynne made a motion to go into a 5 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Jeff seconded and all approved, (the session included the Commissioners, Justin Meeks, Lora Holdridge and Kendell Mason). No action was taken.

Tom Brink who does consulting met with the Commissioners; he has worked for various entities including Verizon and the Kauffman Foundation and said he had done over $1 billion dollars of work on data centers. The Commissioners told him that Craw-Kan will be locating equipment in the old jail and told Mr. Brink that they would like some direction on generating revenue from the space at the old jail by having a data center. Nick made a motion that Jeff Fischer, Justin Meeks and Shane Walker meet with Tom Brink regarding the pre-planning of the data center, Lynne seconded and all approved.

Lynne made a motion to go into a 30 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Nick seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

Lynne made a motion to go into a 30 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Nick seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

Patty Love met with the Commissioners. Lynne asked Patty if fund 247 (the Sheriff’s Forfeiture Fund) has ever been audited; Patty said it wasn’t audited in 2017, Patty said she called Terry Sercer and told him that he needed to audit the fund.

Lynne made a motion to go into a 5 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Jeff seconded and all approved, (the session included the Commissioners and Justin Meeks). After the session Lynne asked Kendell to contact Rhonda Cole to inquire if there were any court ordered forfeitures made to Bourbon County prior to January 1, 2016.

The Commissioners met with David Neville; they said they had given Shane Walker the ability to handle everything on the old jail project, they said that Brock Electric had done a lot of work in the County, David said that Brock Electric knows this place and does do a lot of work for us. Nick said other contractors had questioned why they weren’t getting any of the electrical work for the County.

David Neville told the Commissioners that it may be possible for the County to haul their own trash verses using a company.

At 4:32, Nick made a motion to adjourn, Jeff seconded and all approved.

                                        THE BOARD OF COMMISSIONERS

                                        OF BOURBON COUNTY, KANSAS

                                        (ss) Lynne Oharah, Chairman

                                        (ss) Jeff Fischer, Commissioner

                                        (ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

07/17/2018, Approved Date

July 3rd, 2018                                                  Tuesday 9:00 am

The Bourbon County Commissioners met in open session with all three Commissioners, the County Counselor and the County Clerk present.

Jim Harris reported they have finished the asphalt season. He said they are mulching, hauling gravel and mowing.

Jim said the patching machine will be in the County on July 9th; he said they will start training on the machine on Tuesday and will start near KOA. Jeff said he received a call from a resident that suggested they use the pothole patching machine on 245th South of Indian Road.

The Commissioners said residents were questioning when the low water crossing on 245th would be open; Jim said the concrete slab had deteriorated and said once the County received the bridge report back they would need to prioritize the bridges that need maintenance.

Jim said they would be chip and sealing the streets in Bronson; Jim said the City of Bronson will pay for cost of the oil and the chips. Jeff questioned if the City of Bronson should be reimbursing the County for the cost of manpower and equipment usage.  There was discussion over possibly having an inter local agreement by trading services verses charging for manpower and equipment.

Jeff reported that the ditches need cleared on Hackberry.

Nick reported that the road near 260-265th & Limestone needs maintained.

Lynne reported that the corner from Valley Road to 130th needs gravel and graded.

Jim received trash quotes from 4-States and Linn’s for the following: at the Courthouse a 6 yard dumpster pick-up 3 times a week, at Public Works a 4 yard dumpster with pick-up 1 time a week and for Elm Creek a dumpster with pick-up one time a week during the summer and then twice a month. 4-State Sanitation bid $4,302.05 a year and Linn’s Sanitation bid $4,500.00; Jeff made a motion to accept the bid 4-State for trash services for one year, Nick seconded and all approved.

Gaylen Garrison with Family Heritage Insurance met with the Commissioners; he said Family Heritage offers supplemental insurance policies and that he wasn’t here to replace current policies. He said once someone enrolls in a Family Heritage policy, the rates always stay the same, the benefits never go down. He said their policies do not go through payroll and are portable. He said some policies if they aren’t used then they return the premiums. Jeff made a motion to allow Family Heritage participate in open enrollment for supplemental policies, Nick seconded and all approved.

Michelle Sharp met with the Commissioners; she questioned why the road was closed at 240th & Maple Road and reported potholes on 240th between the railroad tracks and Maple Road off of Maple onto 240th. Lynne said he would report these issues to Jim Harris.

Mrs. Ramsey reported road ditching problems and presented pictures of 55th & Limestone Road; Lynne said the County needs to do some ditching in this area and said he would discuss this with Jim Harris.

Appraiser, Clint Anderson met with the Commissioners; he wants to hire an additional person for his office as the Deputy County Appraiser. He presented a job description for this position. He said this is a more skilled position that he needs someone that can function in the more abstract function of the appraisal process. He said this position could supply the County with future benefits, he said he really thinks in the long run, (due to appraisal issues at risk, he said there isn’t enough of him to go around) it would be a wash cost-wise to the County. Clint said his 2018 budget can support this position this year. Lynne made a motion to go into a 5 minute executive session for personnel matters of individual non-elected personnel, Jeff seconded and all approved, (the session included the Commissioners, Justin Meeks, Clint Anderson and Kendell Mason). Jeff made a motion to create a Deputy County Appraiser position, a salaried, exempt position, with the standard County sick and vacation leave benefits, a minimum of 40 hours a week, the probationary period & 10% reduction in wages will be waived for this position and the pay range will be between $33,000-$35,000 annually, Nick seconded and all approved.

Lynne made a motion to go into a 15 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Jeff seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

At 11:45, Lynne made a motion to break for lunch and reconvene at 1:30, Nick seconded and all approved.

Clifton Beth met with the Commissioners; he discussed the bridge at 215th & Wagon Road, he questioned if the Commissioner had received the bridge inspection report yet, the Commissioners haven’t received it. He was not in favor of spending $1 million to replace the bridge.

Jeff made a motion to go into a 10 minute executive session for personnel matters of individual non-elected personnel, Nick seconded and all approved, (the session included the Commissioners, Jacqie Spradling, Justin Meeks and Kendell Mason). No action was taken.

Jeff made a motion to go into a 10 minute executive session for personnel matters of individual non-elected personnel, Nick seconded and all approved, (the session included the Commissioners, Jacqie Spradling, Justin Meeks and Kendell Mason). No action was taken.

Jeff made a motion to go into a 5 minute executive session for personnel matters of individual non-elected personnel, Nick seconded and all approved, (the session included the Commissioners and Kendell Mason). No action was taken.

Lynne made a motion to go into a 5 minute executive session for personnel matters of individual non-elected personnel, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and Kendell Mason). No action was taken.

Lynne made a motion to go into a 5 minute executive session for personnel matters of individual non-elected personnel, Nick seconded and all approved, (the session included the Commissioners. No action was taken. After the session, the Commissioners asked that the Attorney’s office hourly staff start monitoring their hours and then the Commissioners will discuss the possibility of moving the hourly employees to salaried in 3-6 months.

Lynne made a motion to go into a 5 minute executive session for personnel matters of individual non-elected personnel, Nick seconded and all approved, (the session included the Commissioners and Jacqie Spradling). No action was taken.

Lynne made a motion to go into a 7 minute executive session for personnel matters of individual non-elected personnel, Nick seconded and all approved, (the session included the Commissioners, Shane Walker and Justin Meeks). No action was taken.

Shane Walker presented the 2019 budget for IT; he requested a total of $182,491.

Shane Walker discussed the moving of the offices from the 2nd floor of the Courthouse to the 1st floor, where the old Sheriff & SEKRCC offices were. He suggested putting the Drivers License in the current Attorney building at 108 W. 2nd.

Shane Walker said he had talked to the engineer at the new jail; he said the engineer said he had no clue about the issues at the jail, but said he new of a minor heat/air issue there.

At 3:42, Nick made a motion to adjourn, Jeff seconded and all approved.

                                                  THE BOARD OF COMMISSIONERS 

                                                  OF BOURBON COUNTY, KANSAS

                                                  (ss) Lynne Oharah, Chairman

                                                  (ss) Jeff Fischer, Commissioner

                                                  (ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

07/10/2018, Approved Date

June 28, 2018                                                 Thursday 8:30 am

The Bourbon County Commission held a special meeting with the Bourbon County Attorney, Jacqie Spradling.

The County Clerk, Kendell Mason and Tammy Helm with the Fort Scott Tribune was also present.

Lynne made a motion to go into a 15 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and Jacqie Spradling). No action was taken.

Lynne made a motion to go into a 10 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and Jacqie Spradling). No action was taken.

Lynne made a motion to go into a 10 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Nick seconded and all approved, (the session included the Commissioners). No action was taken.

Lynne made a motion to go into a 10 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Nick seconded and all approved, (the session included the Commissioners and Justin Meeks). After the session, Justin Meeks said he was requested to write a letter to give notice to the SEK Regional Juvenile Detention Center to notify them that effective January 1, 2019 the County would withdraw from a 1992 contract, however; Nick made a motion to change the letter to stay in the contract until July 1, 2019 and then will be opting out with an effective date of January 1, 2020 of the contract unless changes are made to the contract to include a daily rate or a reduction in the monthly rate, Lynne seconded, Jeff abstained from the vote.

Lynne said the County is now spending $10,029/month for the Juvenile Detention Center Contract and said that there will be changes in the laws regarding housing juveniles which could cause a reduction in participation of Counties using the SEK Regional Juvenile Detention Center facility. However, if the County quits using the facility and someone needs care its unsure where the juveniles will be placed.

Nick said it scares him to withdraw from the contract; he said one situation of a juvenile needing housing could break the County if the County gets out of the contract.

Lynne said if the County gets out of the contract, then the County will set aside the money budgeted for juvenile housing to cover the cost if a juvenile needs care.

Justin Meeks wrote a letter for the Commissioners to sign requesting a change in the SEK Regional Juvenile Detention Center rates; Nick made a motion to sign the letter, Jeff seconded, all approved and all signed the letter. Justin planned to hand deliver the letter.

At 10:20 am, Nick made a motion to adjourn, Jeff seconded and all approved.

                                        THE BOARD OF COMMISSIONERS

                                        OF BOURBON COUNTY, KANSAS

                                        (ss) Lynne Oharah, Chairman

                                        (ss) Jeff Fischer, Commissioner

                                        (ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

07/24/2018, Approved Date

June 26, 2018                                        Tuesday 9:00 am

The Bourbon County Commission met in open session with Commissioners Oharah and Ruhl present and Commissioner Fischer present by phone, as well as the County Counselor and the County Clerk present.

Tammy Helm with the Fort Scott Tribune was also present.

Jim Harris reported that they are working on overlaying 1” on the west lake road and should be done there late Wednesday. He said they will then be moving the equipment to 205th to overlay there. Jim said he would like to have money left in the 2018 budget to help purchase a used paver.

Jim said there was a surprise inspection report by KDHE at the Landfill; he said there were zero violations; Jim said the crew there does a good job.

Jim said a dozer will need $20,000-$25,000 in maintenance in 2019.

Jim said they are trimming on 130th.

Jim suggested that they have a work session in the next few weeks to discuss low water crossings; he said they should have the bridge inspection report by the end of this week.

Jim said the patching machine should be in Bourbon County on July 9th.

There will be free dump days at the Landfill on July 20th & July 21st; residents may call (620)223-5773 with any questions.

Jim Harris reported that Josh Lawrence was promoted to the Noxious Weed director position and that another employee had left he asked permission to replace the 2 existing vacant positions (a truck driver and an assistant sign employee), Nick made a motion to allow Jim to hire two replacement employees, Jeff seconded and all approved.

Jeff asked Jim to contact Craw-Kan about the County trimming ahead of the Craw-Kan installation.

The Commissioners asked Jim to remove the outside fence around the south and west side of the old jail.

The Commissioners advertised to take bids for the mowable 2018 hay at Elm Creek Lake as well as approximately 225th & Native Road; only one bid was submitted by Dakota Wiley for Elm Creek Lake for $1,800; Nick made a motion to accept the $1,800 bid from Dakota Wiley for Elm Creek Lake, Jeff seconded and all approved.

The Commissioners advertised to take bids for trash service and dumpsters at the Courthouse, Public Works, Elm Creek and the Noxious Weed building in Uniontown; however, no bids were received. The Commissioners asked Jim Harris to contact 4-State and Linn’s Sanitation to get price quotes on the trash service and dumpsters and asked that the Noxious Weed dispose of their own trash and that Jim contact WCA and have them pick up the dumpster at the Noxious Weed building.

Lynne told Jim that there was a stop sign down at 115th & Poplar Road.

Justin Meeks said he wanted to follow up with a request from Appraiser Clint Anderson; Justin said that Clint requested additional funds to hire a Deputy County Appraiser, which would pay $10,240 additional annually to what he pays a field supervisor; the pay would be an estimated $37,675/year. Clint said he could fund the increase for 2018, but would need additional money for future budgets to cover the wages. Lynne said once again they were discussing wages, unemployment and services that the County is required to provide. Lynne said if this position was created it would be a management position and said it is difficult to fill County Appraiser positions; Justin said the intent is that at some point the person that is hired for this position would become the Bourbon County Appraiser. The Commissioners said that Clint is struggling to produce the data for the State and appraising property correctly and said he needs the help to catch up on the data he needs. The Commissioners said they need a job description and whether this position would be hourly or salary before making a decision on creating the position. All of the Commissioners said they were in favor or providing the Appraiser the resources he needs to get the job done.

Lynne made a motion to go into a 20 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Nick seconded and all approved, (the session included the Commissioners and Justin Meeks). After the session, Jeff made a motion to give Lynne and Justin permission to take the proposed County-wide NRP program to the Attorney Generals Office for approval, Nick seconded and all approved.

Nick made a motion to give Justin Meeks the authority to spend up to $1,000 for office equipment for the Commissioners at an upcoming school auction, Jeff seconded and all approved. Lynne made a motion to give Jeff permission to help move any of the auction purchases that Justin makes for the County, Nick seconded and all approved.

At 11:41, Lynne made a motion to break for lunch and reconvene at 1:30, Nick seconded and all approved.

Nathan Fawson and Joe     from Southeast Kansas Mental Health Center (SEKMHC) met with the Commissioners to present their 2019 budget.   Also present were Ben Cole and Bill Martin.   SEKMHC requested $95,000 in mill levy support for 2019; in 2018 they were granted $70,000. Mr. Fawson said that in 2015 the State Hospital reduction in bed count put a strain on the services they provide and caused delays in services they offer. He said that the State has began to increase the bed count, but isn’t up to what it was when it was reduced. Mental Health offers 24/7 crisis services, psychiatry, psychotherapy, chemical abuse treatment, an array of community based services, and integrated care management and treatment coordination.   They can offer outpatient help verses being institutionalized. They welcome feedback from the community in ways they can better serve the needs. Through grants SEKMHC have been able to offer therapy and case workers in schools in Allen County. They said the next step for Bourbon County schools is to meet with the schools and explore their needs and how they can meet those needs. Ben questioned if they see more mental illness cases in adults or children; Mr. Fawson said both.

State Employee Health Plan representative Jennifer Flory held a conference call with the Commissioners to discuss the State Health Insurance Plan for 2019. Ben Cole and Bill Martin were also present for this call. Delta Dental and Surency Vision were both recently awarded a 3 year contract with the State. Dental is now a stand alone option for employees, (an employee could put a family member on dental and not on health if they choose). There are no other changes in benefits offered in 2019. NueSynergy will be the company used for HSA’s and HRA’s.   They offer 5 different health plans as well as Telehealth, a wellness program, employee assistance programs offering attorney, mental health and financial counseling, as well as long term care insurance. The State has a pool of 95,000 people. The State insurance will see an increase of 3.3% in 2019. The Commissioners will discuss the Health insurance again on August 14th.

Nick made a motion to have a special meeting with the County Attorney on Thursday June 28th at 8:30 am, Jeff seconded and all approved.

Mary Pemberton met with the Commissioners regarding a recent Tribune newspaper article discussing a KORA incident. Mrs. Pemberton said the article was upsetting to her. She said she noticed several red flags when reading the article. She said when reading the article she felt that Shane Walker had an impression that he did anything wrong when presenting the information that was requested. She said the KORA request was not handled correctly and presented the following data regarding the newspaper article and the KORA request…    

Lynne made a motion 5 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Jeff seconded and all approved, (the session included the Commissioners, Justin Meeks and Kendell Mason). No action was taken.

City of Fort Scott employee Rachel Pruitt met with the Commissioners regarding the Fort Scott Airport; she said they will be holding a public hearing on July 30th at 4:00 pm regarding an environmental assessment of the airport expansion. She said there is a new Federal grant money available beginning in July of 2018. This is a 100% grant, but said in order to apply for the grant money, the City needs to complete an environmental assessment. Mrs. Pruitt said the City would need a written agreement from the County saying that once a new access road was built the County would permanently close down a portion of Indian road for the airport expansion. She said she would like the building of the road to be a shared cost between the City and the County. She is to present a letter for consideration. No decision was made on the road.

At 3:49, Nick made a motion to adjourn, Lynne seconded and all approved.

                                        THE BOARD OF COMMISSIONERS

                                        OF BOURBON COUNTY, KANSAS

                                        (ss) Lynne Oharah, Chairman

                                        (ss) Jeff Fischer, Commissioner

                                        (ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

07/03/2018, Approved Date

June 19, 2018                                                 Tuesday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners, the County Counselor and the County Clerk present.

Tammy Helm with the Fort Scott Tribune was also present.

Harold Coleman met with the Commissioners; he reported a pothole at 235th & Soldier approximately 100 yards to the East and another one approximately ½ mile east of this.

Lynne said he had a call reporting a problem with a low water crossing at 245th & Range Road; Jim Harris said this low water crossing has been barricaded and a water survey is being conducted. Jim said the low water crossing will have to be replaced.

Lynne said he received a call reporting that Paveys Ford needs some work done, and said it is getting rough.

There was discussion over other crossings that need work. Jim said they were going to have to make some important decisions regarding crossings on how or what to repair.

Jim Harris reported that a section of Eagle Road was completed; Jeff said citizens had expressed their satisfaction with the road.

Jim said he received a request to do a 2” leveling course 205th North up the hill off of 54 Highway. He also discussed doing a 1” leveling course on the West Lake Road. After discussion; Lynne made a motion to do a 2” overlay on 205th from 54 Highway to Native Road and do a 1” leveling course between Indian and Hackberry (“the West Lake Road”), Jeff seconded and all approved.

Nick reported an issue with the railroad tracks on Poplar Road; Jim said this is an issue for the Railroad and said he would report this to the road master.

Jim said he is interviewing in-house for the noxious weed position. Jim said they have renewed the license and the County can sell chemicals. Jim said they are looking at a container for the Public Works building to sell chemicals there as well; he said he will be working with Will Wallis and will meet with the Fire Chief as well regarding the chemicals.

Lynne received a thank you from Michael Lunson for the gravel that the County placed in the drive at the Maple Grove Cemetery. He suggested possibly grading the roads less often.

Justin Meeks reported a thank you from a citizen for the trees cut and ditches cleaned near Indian Road.

Nick reported to Jim that there is a plugged culvert at 799 & 180th at the north drive. Nick asked that the trees be trimmed and the brush mowed on Hackberry going to the Lake.

Jeff questioned as part of economic development if the County should coordinate with Craw-Kan and the County do the clean-up ahead of Craw-Kan who is doing the fiber installation. Jim said he would work with Craw-Kan employee Bobby Guilfoyle regarding this matter.

Lynne made a motion to go into a 3 minute for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and Jim Harris). No action was taken.

Lynne discussed the sales tax revenue from the jail sales tax; he said it has been a consistent $56,000-$71,000/month. Lynne estimated by 12/31/2018 there would be $490,000 reserve, he said this is not surplus, but estimated the surplus to be $140,000. Lynne said the County needed a years worth of reserve of approximately $574,000 (to cover the payments). The Commissioners discussed the jail construction project; Jeff said he felt if the Commissioners had decided to add additional pods it would have delayed the project and caused change orders; he said the price given was for the pods only and did not include an extension of time to add the pods. Lynne said the jail figures are available at the County Treasurers Office.

Appraiser, Clint Anderson met with the Commissioners to discuss Appraiser’s office employee wages; Clint said when other facilities in Fort Scott are offering $15/hour pay, it makes it impossible for him to fill a position that requires skills. Justin said the County hasn’t been able to keep up with the needed wage increases, but said the tax base is strained. Lynne said when comparing wages it’s important to compare apples to apples and consider benefits as well. Clint said he is maxed out and needs a skilled person that can learn. Jeff said benchmarks are available from other Counties and can be helpful. Jeff made a motion to go into a 10 minute executive session for personnel matters of individual non-elected personnel, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and Clint Anderson). No action was taken.

Blue Cross representatives Cristy Mitchell and Donna Pashman met with the Commissioners regarding the County employee health insurance coverage. They said they offer health, dental, vision and pharmacy coverage. They looked at both fully insured and partially funded plans and said that the fully insured is comparable to what the County currently has with the State Health Plan. They said when in a larger pool, the risk is not as great. They said their 2017 rates were comparable to the State Plans rates. They offer direct contact and can offer employee education. The rates they provided are good for all of 2019 and are renewed annually. They didn’t look at historical data when quoting rates. They said the average annual increase last year was 9.9%. The Blue Cross plan is a month-to-month commitment.

Justin Meeks discussed the proposed walking trail in the industrial park; he said a landowner on the walking trail wants to know what their liability would be. The Commissioners said they agreed to provide culverts if needed, spray the weeds annually on the trail and provide XYZ (max 2-3 tons a year), but that the County would not maintain the trail.  

The Commissioners discussed the moving of the 2nd floor offices to the 1st floor where the Sheriff and Jail offices were. Jeff questioned if the P1 Group should be informed of the proposed move before they do a revised energy study.

Lynne made a motion to go into a 12 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Jeff seconded and all approved, (the session included the Commissioners and Justin Meeks).

Lynne made a motion to give Justin permission to do research regarding public owned property going to leased or managed property, Nick seconded and all approved.

Justin said the County is getting close to implementing a County-wide NRP program, he asked permission to write a letter to the entities that haven’t agreed to participate in the NRP program, Jeff made a motion that Justin writes a letter to the entities that have not signed the NRP agreement, Nick seconded and all approved.

Jeff made a motion to give Justin Meeks and Lynne Oharah permission to attend the City Commission meeting (regarding the discussion of a Landbank) on June 19th, Nick seconded and all approved.

Lynne made a motion to break for lunch and reconvene at 1:30, Nick seconded and all approved.

County Attorney Jacqie Spradling met with the Commissioners to present her 2019 budget. She said she wasn’t requesting anymore than the Attorney budget was granted in 2018 which was $$365,324, but moving the allocated money into different line items. She said she would have extra money in her budget at the end of 2018, she said she would also have money in her diversion fund at the end of 2018 that would go back to the County. Jacqie said according to FLSA, an employee can’t work over their designated hours, she said her employees should be working 35 hours, but some have been working a minimum of 50 hours, but not getting paid for the additional work. She said she needed to either pay overtime or rearrange the salaries. She said making 3 hourly positions salaried would be less than paying the overtime amount. Lynne said the County could rename the positions and the wages; Jacqie said since we know there is an issue, we need to fix the issue today. Justin Meeks suggested paying the overtime. Lynne made a motion to go into a 7 minute executive session for personnel matters of individual non-elected personnel, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and Jacqie Spradling). No action was taken. After discussion, the Commissioners decided to adjust the current salary resolution by making a few positions salaried in the Attorneys office.

Lynne made a motion to go into a 10 minute executive session for matters relating to the security of a public body or agency, public building or facility or the information system of a public body or agency, if the discussion of such matters at an open meeting would jeopardize the security of such public body, agency, building, facility or information system, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and Jacqie Spradling). No action was taken.

Lynne made a motion to go into a 5 minute executive session for matters relating to the security of a public body or agency, public building or facility or the information system of a public body or agency, if the discussion of such matters at an open meeting would jeopardize the security of such public body, agency, building, facility or information system, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and Jacqie Spradling). No action was taken.

Lynne made a motion to go into a 5 minute executive session for personnel matters of individual non-elected personnel, Jeff seconded and all approved, (the session included the Commissioners, Bill Martin, Ben Cole and Kendell Mason). No action was taken.

Lynne made a motion to go into a 10 minute executive session for personnel matters of individual non-elected personnel, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks, Clint Anderson and Kendell Mason). No action was taken.

Lynne made a motion to go into a 5 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Jeff seconded and all approved, (the session included the Commissioners, Justin Meeks, Clint Anderson and Kendell Mason). No action was taken.

Lynne made a motion to go into a 10 minute executive session for personnel matters of individual non-elected personnel, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks, Clint Anderson and Kendell Mason). No action was taken.

The Commissioners, Shane Walker and Justin Meeks reviewed the floor plans for the old jail/sheriff space. They want to install new ceiling tiles in the area to be remodeled, take down the glass front to what used to be the visiting area, take down a few walls, paint and install new flooring in the area to be remodeled. The Commissioners asked Shane to bid out the painting, ceilings and floor work, as well as building a wall on the 2nd floor landing with fire doors.

Nick made a motion that Shane be the project manager on rehabbing the old jail, Jeff seconded and all approved.

Nick made a motion to approve Resolution 18-18, a Resolution for R.O.Z. (Rural Opportunity Zone), with Bourbon County allocating $0, Jeff seconded and all approved.

Lynne made a motion to go into a 15 minute executive session for personnel matters of individual non-elected personnel, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and Kendell Mason). After the session, Nick made a motion to give Jeff permission to meet with Jacqie Spradling, Lynne seconded and all approved.

Jeff made a motion to go into a 3 minute executive session for personnel matters of individual non-elected personnel, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and Kendell Mason).

At 4:40, Nick made a motion to adjourn, Lynne seconded and all approved.

                                                  THE BOARD OF COMMISSIONERS

                                                  OF BOURBON COUNTY, KANSAS

                                                  (ss) Lynne Oharah, Chairman

                                                  (ss) Jeff Fischer, Commissioner

                                                  (ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

07/03/2018, Approved Date

June 12, 2018                                                 Tuesday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners, the County Counselor and the County Clerk present.

Lynne made a motion to approve a fireworks permit for Cathy Ramirez for a stand at 840 N. Main, Mapleton, Jeff seconded and all approved.

Decker Electric provided the lighting at the new jail; they sent a notice to Lynne discussing section 179d, which is an energy efficient program for taxpayers. Decker is seeking a Federal Tax Deduction for the energy efficient work that they did at the new jail; Lynne made a motion to approve the request, Nick seconded and all approved and Lynne signed the document.

Lynne made a motion to go into a 5 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Jeff seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

Lynne made a motion to go into a 7 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Jeff seconded and all approved, (the session included the Commissioners, Kendell Mason and Justin Meeks). After the session, Lynne made a motion that the County Clerk write a letter to the department heads regarding the KORA request policy, Justin will assist in writing the letter, Jeff seconded and all approved.

Jeff discussed an outdated brochure discussing illegal dumping at the Landfill; someone will get a copy of the brochure to the Public Works department to re-work the brochure.

Benefits Direct representative Andrew Allen met with the Commissioners; they work with various public entities and offer consolidated employee enrollment in various optional supplemental insurance policies. They offer one on one enrollment or the option of enrolling online through a benefits portal. They also offer a flexible spending account. The Commissioners discussed Benefits Direct, but decided to stay with the current carriers instead of switching to Benefits Direct.

Bill Martin and Ben Cole met with the Commissioners; Bill sent letters to 3 trash services (2 companies provided bids) for bids for the new jail, he requested bids for a 4 yard dumpster, a yearly cost with pick up once a week. 4 State Sanitation bid $960 per year; WCA bid $69 a month with a 36 month agreement with a 2% increase 2nd and 3rd year. Lynne made a motion to accept the bid from 4 State for trash for one year (since they bid for a year as requested), Nick seconded and all approved.

Bill Martin said they need gravel for the parking lot at the new jail. The Commissioners said they will discuss this with Jim Harris.

Lynne made a motion that Jeff is the voting delegate for KAC and that Nick be the alternate, Nick seconded and all approved.

Lynne made a motion to go into a 20 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Nick seconded and all approved.

Lynne made a motion to go into a 15 minute executive session for personnel matters of individual non-elected personnel, Nick seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

Justin Meeks met with the Commissioners to discuss the work for the title insurance for the upcoming tax sale property; Lora Holdridge was also present for this meeting. Justin said a bid request was published in May and Security 1st Title was the only one that submitted a bid. They bid $85/parcel with the title work to be done within 180 days. Lynne made a motion to accept the bid from Security 1st, Nick seconded and all approved. Lynne signed the agreement.

Justin Meeks said he would like to talk to Hidden Valley regarding tax sale properties there.

At 12:05, Nick made a motion to break for lunch and reconvene at 1:30, Jeff seconded and all approved.

At 1:30, the Commissioners, Justin Meeks and Kendell Mason took a tour of the old jail. The Commissioners plan to move all of the offices from the 2nd floor of the Courthouse to the first floor where the old jail and sheriff’s offices were. The attorney office will be moved from the 108 W. 2nd to the 2nd floor of the Courthouse.

Kendell Mason provided the estimated valuation for the 2019 budget; the estimate is $104,040,342. The final assessed valuation from the November 1, 2017 abstract is $100,180,833.

Lynne made a motion to go into a 7 minute executive session for personnel matters of individual non-elected personnel, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and Kendell Mason). No action was taken.

At 4:15, Nick made a motion to adjourn, Jeff seconded and all approved.

                                        THE BOARD OF COMMISSIONERS

                                        OF BOURBON COUNTY, KANSAS

                                        (ss) Lynne Oharah, Chairman

                                        (ss) Jeff Fischer, Commissioner

                                        (ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

06/19/2018, Approved Date

June 5, 2018                                                   Tuesday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners, the County Counselor and the County Clerk present.

Nancy Van Etten was also present.

Jim Harris and J.T. Heckman met with the Commissioners; Jim Harris presented his 2019 budgets. For Road & Bridge he requested $2,068,944, for Road & Bridge Sales Tax he requested $1,060,522, for Noxious Weed he requested $153,311, for Landfill he requested $292,318 and Bridge & Culvert he requested $209,123; Road & Bridge, Road & Bridge Sales Tax, Noxious Weed & Bridge & Culvert requests were all the same as was approved for the 2018 budget. Landfill was approximately $30,000 higher, but Jim said that the Landfill is funded by the gate fees. Jim requested $258,800 for Special Bridge, which is $240,000 higher than approved for 2018; Jim said the additional funding for Special Bridge would allow the County to have the personnel and equipment for the County roads.

Jim Harris said the asphalt program is going well, due to having good operators and clean materials. He said they are moving paving equipment to Eagle Road. Jim said they have hauled 14 loads of oil which has saved approximately $14,000. Jim said they purchased a trailer to haul the oil which cost approximately $12,000.

J.T. Heckman left the meeting.

Lynne made a motion to go into a 15 minute executive session for personnel matters of individual non-elected personnel, Nick seconded and all approved. No action was taken.

The Commissioners decided to advertise to take bids for trash service for the Uniontown Weed Barn, Road & Bridge, Elm Creek, Cedar Creek and the Courthouse. Kendell and Jim will work on the specifications needed for the sites.

Jim and the Commissioners discussed the amount of trash being dumped around the County. Nick made a motion to have free dump days on July 6th & July 7th during regular business hours for Bourbon County residents, including tire disposal, no commercial businesses will be allowed to dump for free, Jeff seconded and all approved.  After later discussion, the Commissioners cancelled this motion and changed to a different date. Nick made a motion to have free dump days on July 20th & July 21st during regular business hours for Bourbon County residents, including tire disposal (a limit of 10 passenger vehicle tires per residence), no commercial businesses will be allowed to dump for free, Jeff seconded and all approved. Jim said he would meet with the different cities in the County to discuss the free dumping times, Jeff suggested that this data also be placed on the County website.

Karen Endicott-Coyan arrived at the meeting and briefly met with Jeff Fischer.

Judge Mark Ward, Judge Amy Harth, and Rhonda Cole met with the Commissioners to present the 2019 budget for District Court. They requested $252,468 for 2019, the approved 2018 budget amount is $247,968, the increase is due to a projected increase cost in indigent services. Judge Ward said in 2017 there were a total of 426 criminal cases (excluding traffic) and 59 cases of child in need of care and as of May 31, 2018 there have already been 348 criminal cases and 57 child in need of care cases. The Judges discussed the various expenses they deal with, such as jury trials and interpreter fees. There was discussion over how to attract attorney’s in Bourbon County. Judge Ward said when the new jail opens, there will be some video hearings for the inmates.

Judge Harth said that Homeland Security did a tour of the Courthouse and she will schedule a meeting time with the Commissioners at a later date to discuss this.

Jason Silvers with the Fort Scott Tribune arrived for a portion of the meeting.

Lynne made a motion to approve the following 2018 Fireworks permits; Jakes Fireworks (for two locations), Crazy Debbie’s Fireworks, Hales Fireworks LLC and TNT, Jeff seconded and all approved. Lynne and Kendell signed the permits.

Greg Vahrenberg with Piper Jaffray, Bill Martin and Ben Cole along with KOAM TV met with the Commissioners; Bill said several months ago it was brought to his attention that some of the public was under the impression that the delay of the jail was due to the fact that the jail project was broke. Bill said that when the jail tax was approved by the voters there were 3 options where the excess of revenue from the sales tax collections that the money could be used, 1. Pay the jail off early, 2. Operations of the new jail, 3. Remodeling of the old jail facilities. Bill said he reached out to Greg Vahrenberg who did the initial analysis of the sales tax revenue. Greg said that Bourbon County is collecting more sales tax money than was expected, he said it was originally predicted that there would be $1,690,939 tax collected for 2015 -2017; however years 2015-2017 all generated more that was predicted, 2017 generated $211,743 more than projected, he said that there has always been an amount planned to be set aside for the three options that Bill mentioned. Greg said this excess was an important component for campaigning. Greg said that the interest rates were favorable.   Bill stated that it is a false statement that the money isn’t there to operate the jail. Bill discussed some of the options that were removed from the original jail project; such as a building that was taken out of the project that would have been used for processing vehicles and grass seed for the lawn. Bill said financially we are and have been in good shape. Bill said they need to sit down and get a better understand and decide what needs to be done with the money generated from sales tax. Jeff Fischer said it was not his perception that the jail delay was due to funding. Bill discussed a recent water leak at the new jail; he said that they had planned to move the inmates the week of the water leak; he said that the contractors insurance is paying for the damages due to the water leak. Jason Silvers questioned what the delay was due to; Bill said it was due to contractors, improper wiring and the water leak.

Lynne made a motion to go into a 5 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Jeff seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

Lynne made a motion to go into a 5 minute executive session for confidential data relating to financial affairs or trade secrets of corporations, partnerships, trusts and individual proprietorships, Jeff seconded and all approved, (the session included the Commissioners, Justin Meeks and Shane Walker). No action was taken.

Justin Meeks briefly discussed the disposal of unused County property; he suggested getting an inventory and publishing the disposal of the proper

Lynne made a motion to give Shane permission to meet regarding a business acceleration in Bourbon County, Jeff seconded and all approved.

Cassie Laemmli with Wall Street Group Insurance met with the Commissioners, also present for the presentation was Hazel Swarts, Bill Martin, Ben Cole and Shane Walker. Bill said he had reached out to Wall Street Group regarding a cost savings for the County health insurance. Cassie said that Wall Street Group insurance brokers have access to all larger insurance carriers. She said that United Healthcare quoted rates 5.5% under the current County rates and estimated this to be annual savings of $130,000. She said this is the exact plan that the County has and said the County has a “rich” plan. She said the quote provided is valid until August 1st, 2018 and said the rates are no firm for 2019, she said they see a 5 – 12% increase in rates each year. She said that United requires the State renewal rates before they will quote 2019 rates. She said there could be an additional 1.5% savings from bundling the medical, dental and vision insurance. She discussed the rollover dental maximum benefits. She said the vision quotes are a 3 year rate guarantee. She said there will be one bill including all coverage’s and said she would be the point of contact for the County and the employees. Cassie said Wall Street representatives are paid an $8.95/enrolled employee/month, she said these rates are built into the rates. No decision was made on Wall Street Group insurance.

At 12:04, Lynne made a motion to break for lunch and reconvene at 1:15, Jeff seconded and all approved.

Jim Harris met with the Commissioners; he said he will review the possibility of having a container at the Public Works building for chemical sales at both the Noxious Weed and Public Works building.

Lynne made a motion to give Jeff and Lynne permission to go to the Garland Township meeting on June 12th at 7:00 pm, Nick seconded and all approved.

Lynne made a motion to go into a 5 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Jeff seconded and all approved.

Lynne made a motion to go into a 15 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Jeff seconded and all approved.

Pat Curnow with P1 Group, Inc. met with the Commissioners; P1 previously did an energy audit on the Courthouse and the jail. He said they would not charge anymore to provide an updated plan with revised costs to do the updates. Jeff made a motion that Lynne is the contact for P1, Nick seconded and all approved.

The Bourbon County Soil Conservation District Kathy Valentine, Mandy Shoemaker, Deb Lust, Joe Ludlum, Wayne Thorpe and Garold Gray met with the Commissioners to present their 2019 budget request; they requested $40,000, in 2018 they received $34,200. Kathy said they come to the Commissioners asking for money because they bring in money to the County. They discussed the different funding assistance they provide to land owners. They also rent the following no till drills a John Deer for $10/acre, a Great Plains for $9/acre, a Truax for $9/acre, (all of the no till drills have a minimum of $50), a manure spreader for $50/day as well as burn equipment.

Nick made a motion to go into a 5 minute executive session for personnel matters of individual non-elected personnel, Jeff seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

Tri Valley requested $60,000 for the 2019 budget; they received $55,000 for 2018.

Justin Meeks said he is still meeting with taxing entities regarding the proposed County-wide Neighborhood Revitalization Program.

Lynne made a motion to give Justin Meeks permission to attend the Association of Counties meeting, (the County will pay the cost of the class and expenses), Nick seconded and all approved.

Lynne made a motion to allow Jeff, Justin and Shane Walker to set up a meeting in Kansas City to look at a data center operations, Nick seconded and all approved.

Will Wallis presented the 2019 budget for Emergency Preparedness; he requested $59,939, in 2018 he received $63,439. For the Emergency Management Performance grant he requested $17,500, (the funding for this comes from grant money).

Will Wallis said the cost for 20 digital radios for the volunteer fire department would be approximately $88,359. He presented these numbers to the Commissioners for consideration at a future date. These will be needed at some point and the entities needing them may have funding available to help purchase the radios.

The Commissioners asked that Kendell contact the State Insurance Company, Blue Cross in Pittsburg and Don Doherty to notify them that the County is looking at possible different Health insurance carriers for 2019.

Lynne made a motion to go into a 5 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Nick seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

Nick made a motion to donate $500 to the Elks Lodge for Fireworks and pay this out of the Special Parks fund, Jeff seconded and all approved.

At 4:11, Lynne made a motion to adjourn, Nick seconded and all approved.

                                        THE BOARD OF COMMISSIONERS

                                        OF BOURBON COUNTY, KANSAS

                                        (ss) Lynne Oharah, Chairman

                                        (ss) Jeff Fischer, Commissioner

                                        (ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

06/12/2018, Approved Date

May 29, 2018                                                                      Tuesday 9:00 am

The Bourbon County Commissioners met in open session with all three Commissioners and the County Clerk present.

Lynne had a request to check the crossing at 85th on the Little Osage River.

Lynne received a thank you note from The Wunderly’s for the gravel and grading done on Zinc Road West of Highway 7.

Jim Harris reported that they have completed asphalting one mile on Noble Road; he said there is one spot that will need to be re-addressed. He said they have done two miles on Maple Road and will move to Eagle Road when finished with Maple Road. Jim suggested looking at the finances when completed with Eagle Road to see if there are any other projects they want to address.

Mid-Continental thanked Jim for fixing potholes in the Industrial Park.

Bill Laporte met with the Commissioners; he reported potholes on Yale Road.

Lynne made a motion to go into a 10 minute executive session for non-elected personnel to protect their privacy, Nick seconded and all approved, (the session included the Commissioners and Jim Harris). No action was taken.

Nick made a motion that the County advertise to take separate hay bids for the mowable hay at Elm Creek Lake and at approximately 225th & Native Road and that the hay must be removed by August 1st, 2018, Jeff seconded and all approved.

Nick made a motion to give Jeff permission to talk to a resident (the resident is allergic to the chemicals) on Locust Road regarding the need to spray chemicals on brush and trees near a bridge on Locust Road, Lynne seconded and all approved.

The Commissioners held a public hearing regarding Resolution 16-18 addressing a County-wide NRP program; Bourbon County is considering adopting a County-wide NRP program. Residents from Hidden Valley Lynda & Ed Murrow (Franklin Township taxing entity) and Jerry Wallis (Rosedale Cemetery taxing entity) were present for the hearing. Lynne said they previously discussed ways to bring population growth to Bourbon County; he said that it is projected that Bourbon County will loose 16% of the population in the future. Lynne said the NRP program is a 5 year tax rebate of farm and residential properties and a 10 year tax rebate on commercial properties. He said that 95% of the increased taxes, due to property improvements could be refunded to the property owner. The Commissioners discussed the proposed NRP application process. Lynne said they would like to get all of the taxing authorities signed on now to implement the NRP program. There was discussion over projects that are started but not completed yet. The Commissioners did not take any action on the NRP program.

At 11:15, Lynne made a motion to break for lunch and reconvene at 1:00pm, Nick seconded and all approved.

Register of Deeds Lora Holdridge met with the Commissioners to present her 2019 budget; she requested a grand total of $82,447 for 2019. In 2018 she was given a total of $83,527 for her budget. The department heads were given a report showing the total cost of employee benefits for their office, this report included workers compensation, insurance, KPERS, Social Security, etc. to show the true cost of an employee; Lora said not all of these fees were not benefits. Lynne said the reports were given to the department heads to show a true cost of an employee.

The Commissioners reviewed all of the 2017 annual summaries (with the exception of Avondale Cemetery and Watershed 98) for the Townships, Fire Districts, Cemeteries, Light Districts and Watersheds; the Commissioners confirmed the annual reports and Lynne signed the reports.

David Neville met with the Commissioners regarding the surplus office equipment, David said he felt that 75-80% of the surplus equipment is file cabinets; he said that there may not be enough to warrant having an auction. The Commissioners discussed allowing departments to get what they need for County use out of the surplus and then disposing of the rest. They decided it would likely cost more to sell the surplus equipment verses disposing it.

At 3:01, Nick made a motion to adjourn, Jeff seconded and all were in favor.

                                        THE BOARD OF COMMISSIONERS 

                                        OF BOURBON COUNTY, KANSAS

                                        (ss) Lynne Oharah, Chairman

                                        (ss) Jeff Fischer, Commissioner

                                        (ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

06/05/2018, Approved Date

May 22, 2018                                                  Tuesday 9:00 am

The Bourbon County Commissioners met in open session with all three Commissioners, the County Counselor and the County Clerk present.

Tammy Helm with the Fort Scott Tribune was also present. Matt Crystal was present for the Commission meeting until the fence viewing and returned to the meeting after lunch.

Jim Harris reported that they have finished overlaying 230th, and said they are working on Noble Road, (he said they will have to put gravel on the curve by the Landfill gate). Jim said Noble Road should come in under budget. They will then be moving to Maple Road to do a 1” leveling course, (Lynne said that a 1” leveling course was done on a different portion of Maple Road previously and it has held well).

Lynne received a call that there was furniture in a ditch on Quail Road between 164th & 175th; Jim had a crew pick up the furniture.

Jeremiah Hill, George Colinge and Larry Howard met with the Commissioners regarding Eagle Road; Jim said by early to mid June they should be working on Eagle Road, (he estimated to be there by June 11th). Jim said the patching machine should be available next week. Jim said they will be putting hot mix in the holes on Eagle Road, he said they will place tack oil over each layer. Jim said so far this year they have saved approximately $7,000 by using the tanker to haul oil verses paying the hauling fee. Jim said the money for Eagle Road looks good. Jim said once the yearly planned projects are complete, if there is any money left they will do some chip & seal projects. Jeff said that the Commissioners viewed Eagle Road last week and said that approximately 400 yards (or 15%) of the 1 ½ miles needs a leveling course before being overlaid and approximately 85% of the road is good to be overlaid as is, he said there is no plan to reclaim and said the road has a good base. Jeff asked Jim to view a culvert under Eagle Road near State Line, to see if the water is flowing through the culvert. Jeremiah reported that it is hard to see around the curve on Eagle & State Line; it was questioned if this was due to brush and trees on private property. Jim said they are putting 2 culverts in near State Line, he said there were previously 3 culverts there, but 2 should be adequate. Jeremiah questioned if they were going to do any ditching in this area, he said there were 2 culverts plugged in this area; Jim said eventually they will do ditching. Jeff asked that Jim look at the intersection of 250th & Eagle. George Colinge said that 230th looks nice, but questioned the amount of asphalt used; Jim said that 230th had a targeted overlay of 4”. Jim reported the cost of 230th to be approximately $112,000. Justin Meeks said that at some point there will be tough decisions to make with the projected declining population, he said they can’t lower taxes and keep roads paved.

At 9:40, Nick made a motion that the Commissioners and Jim Harris go to a fence viewing with between Lane & Glynda Cutler and John Coyan and Karen Endicott-Coyan for approximately 2,600 feet, located between the Southwest quarter and the Southeast quarter in Section 29, Township 26 & Range 24; in Pawnee Township in Bourbon County, Kansas. The fence is a North/South fence and is located between property owners John & Karen Endicott-Coyan (South side) and Lane & Glynda Cutler (North side), Lynne seconded and all approved. After viewing the fence, Lynne made a motion to go into a 5 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and Kendell Mason). After the session Karen Endicott-Coyan met with the Commissioners regarding the fence viewing; Karen said that Roger Gier Fencing had walked the Coyan portion of the fence and he said a little less than ½ of their fence was in good shape, the other portion Karen later had replaced. Karen said that the labor portion was $978 and the material to replace the fence was approximately $700. Lynne made a motion that the ½ of the fence that belongs to John & Karen Endicott-Coyan does meet the Bourbon County fence requirements and that the ½ of the fence that belongs to Lane & Glynda Cutler does not meet the Bourbon County fence requirements and does need to be repaired, Jeff seconded and all approved. Jeff later modified the motion to include that the completion of the Cutler fence repairs or replacement needs to be completed on or before August 1st, 2018. Karen said that she had spent money on her portion of the fence and said she would be very unhappy with the situation if the Cutler’s don’t fix their portion of the fence a.s.a.p. Karen said Cutler’s cows were getting out of Cutler’s portion of the fence. She questioned what should be done with the Cutler’s cows the next time they get out onto her property. Jeff made a motion to adopt Resolution 17-18 regarding the fence viewing decision… “the Commissioners order and assign that Lane & Glynda Cutler are responsible for the ½ of the fence on the right side, (North side) and that John & Karen Endicott-Coyan are responsible for the ½ of the fence on the left side, (South side). The ½ of the fence that belongs to John & Karen Endicott- Coyan (South side) does meet the Bourbon County fence requirements and that the ½ of the fence that belongs to Lane & Glynda Cutler (North side) does not meet the Bourbon County fence requirements and does need to be repaired or replaced as that portion of the fence is insufficient as viewed and that the fence replacement or repairs needs to be completed on or before August 1st, 2018”, Lynne seconded and all approved.

Lynne made a motion to go into a 25 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Jeff seconded and all approved, (the session included the Commissioners and Justin Meeks). After the session, Nick made a motion to give Lynne and Justin the authority to talk with Dave Martin, Jeff seconded and all approved.

Lynne made a motion to go into a 5 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Jeff seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

Lynne made a motion to go into a 10 minute executive session for personnel matters of individual non-elected personnel, Jeff seconded and all approved, (the session included the Commissioners, Justin Meeks and Kendell Mason). No action was taken.

Justin Meeks presented the 2019 budget for the County Counselor; he requested a total of $64,900, (wages = $64,000, office supplies = $300, CLE/travel = $600).

At 11:56, Nick made a motion to break for lunch and reconvene at 1:30, Jeff seconded and all approved.

Carla Nemecek with Southwind Extension District met with the Commissioners; she presented the Commissioners with Fiscal Conditions & Trends 2018 Bourbon County. She said that the extension office has hired summer interns, one of which will work in Fort Scott. She said on July 1st, Woodson County will join the extension district.

Justin Meeks said he plans to have the employee handbook completed by the end of June.

Justin said he had sent letters to taxing entities regarding the public hearing discussing the possible County-wide NRP program. The NRP public hearing is scheduled for May 29th at 10:00 am.

Justin said he plans to meet with a business that may be interested in the County-wide NRP program.

Justin said he thought the City of Fort Scott is getting closer to starting a Landbank; he felt the County would implement a County-wide Landbank at the same time.

The Commissioners planned to discuss the possible use of the Sheriff and SEKRCC space at the Courthouse once they occupy the new jail; however, they didn’t have the financial data to discuss the space. The Commissioners would like to consider putting most offices on the first floor to make the offices more accessible to the public. Lora Holdridge planned to listen to the use of the old Sheriff & SEKRCC space, but was told that they weren’t going to discuss this today.

Lora Holdridge said she planned to present her 2019 budget next week; she said at one time the ROD, Clerk and the Treasurer all made the same wages. She said she would be turning money back in from her 2018 budget.

Justin Meeks asked permission to write a legal opinion regarding general liability issues with the proposed walking trail, he said the County would need an easement for the walking trail; Jeff made a motion to give Justin permission to write a legal opinion regarding general liability issues concerning the walking trail, Nick seconded and all approved.

Justin Meeks discussed the disposal of County property; he said there will be a lot of property to get rid of, he suggested that the County may want to donate some of the property. He said some of the property has value that could be sold. Jeff will meet with David Neville to discuss the auction items.

Appraiser Clint Anderson met with the Commissioners to present the 2019 Appraisers budget; he requested $283,471, which included $3,200 to be put in a reserve fund for a truck replacement.

Jeff made a motion to go into a 5 minute executive session for personnel matters of individual non-elected personnel, Lynne seconded and all approved, (the session included the Commissioners, Justin Meeks, Clint Anderson and Kendell Mason). No action was taken.

Lynne made a motion to go into a 5 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Nick seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

At 4:00, Nick made a motion to adjourn, Jeff seconded and all approved.

                                        THE BOARD OF COMMISSIONERS

                                        OF BOURBON COUNTY, KANSAS

                                        (ss) Lynne Oharah, Chairman

                                        (ss) Jeff Fischer, Commissioner

                                        (ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason,

Bourbon County Clerk

May 15, 2018                                                            Tuesday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners, the County Counselor and the County Clerk present.

Tammy Helm with the Fort Scott Tribune was also present.

The Commissioners were to re-view a fence between Lane & Glynda Cutler and John & Karen Endicott-Coyan; however, one of the parties did not receive their notice of the fence viewing, so the Commissioners will reschedule the viewing for May 22, 2018.

Jim Harris presented a letter from FSCC for a request for the County to put culverts in and a hidden ditch at the Red Ram Motel (at a shared cost between FSCC & the County), so they can mow the ditch, which FSCC recently purchased. The Commissioners asked Jim to gather additional information and report back on this next week.

Jim Harris presented a transfer request; Nick made a motion to approve a transfer request to transfer $100,000 from Road & Bridge Sales Tax to Road & Bridge, Jeff seconded and all approved.

Jim Harris reported they are overlaying on 230th.

Jeff read a letter that he received from Todd McDermed an employee of the Post Office; Todd said the condition of Eagle Road East of 250th going into Garland is dangerous. Jeff questioned if the County could overlay certain areas of the road; Jim said if this was done the paver would not leave a level road. Lynne questioned if the County should mill, reclaim, pack down and overlay that portion of the road. Jim said there is no reason to fix the road if it isn’t done right. Jeff said he would view the road and make a recommendation to the Commissioners on what to do with the road; however, Nick made a motion that all of the Commissioners and Jim Harris view approximately 1 ½ mile of Eagle Road going into Garland at 9:45 today, Jeff seconded and all approved.

Lynne received a request that the County place 30 mph speed limit signs for approximately 1 mile from Highway 3 & Union Station going west as well as placement of school bus signs; the Commissioners are going to consider this on May 22nd.

Nick received a request to drag and put gravel on the road east of the Uniontown High School ballpark; Jim will view the road and advise if this is a County or City road.

Lynne reported that he received a request to gravel and grade near 1782 Locust Road.

Jeff made a motion to place speed limit signs on 230th between Jayhawk and Kansas Road, Nick seconded and all approved.

Nick said that the Millers had ground some stumps out at the new jail and received a credit at the dump for the work they did; Jim said this credit had been taken care of.

Lynne made a motion to go into a 5 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Nick seconded and all approved, (the session included the Commissioners and Justin Meeks). After the session, Nick made a motion to have Shane Walker contact Central States to fix the sheet rock and floor (due to water damage) at the new jail for approximately $1,870, Jeff seconded and all approved. Shane reported that if the same light fixtures were used it would take 2-3 weeks to receive the fixtures.

Jeff made a motion to give Lynne permission to discuss the possible County-wide NRP program with different entities in the County, Nick seconded and all approved.

At 9:45, Lynne made a motion that the Commissioners leave to view Eagle Road and reconvene at 11:00, Jeff seconded and all approved.

Lynne made a motion to go into a 10 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Nick seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

Lynne made a motion to go into a 10 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Nick seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

Lynne made a motion to go into a 20 minute executive session for matters relating to the security of a public body or agency, public building or facility or the information system of a public body or agency, if the discussion of such matters at an open meeting would jeopardize the security of such public body, agency, building, facility or information system, Jeff seconded and all approved, (the session included the Commissioners, Justin Meeks, Shane Walker and Kendell Mason). After the session, the Commissioners said to Shane that they were supportive and appreciative of the work Shane does.

Lynne made a motion to break for lunch and reconvene at 1:15, Jeff seconded and all approved.

Justin Meeks said he had presented the possible County-wide NRP program to the USD 235 school board; he said USD 235 will consider this at their next board meeting in June. Justin said he would be mailing NRP information to all of the taxing entities in Bourbon County. He said the NRP map would be complete after knowing what entities are participating in the NRP program.

Jeff made a motion to go into a 15 minute executive session for personnel matters of individual non-elected personnel, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and Shane Walker). No action was taken.

Jeff made a motion to go into a 15 minute executive session for personnel matters of individual non-elected personnel, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and Shane Walker). No action was taken.

Lynne said that Southeast Kansas Regional Planning Committee is looking for volunteers to serve on a board for Community Economic Development, (C.E.D.).

Kendell Mason presented the 2019 budget requests for the Clerk and Election office; for Clerk $101,917 was requested, (which is the same amount as was approved for the 2018 budget). For Election $86,900 was requested, (which is the same amount as was approved for the 2017 budget and less than was approved for 2018.

Justin Meeks said that Shane Walker is reviewing the IT and active shooter part of the handbook.

Lynne made a motion to go into a 5 minute executive session for Personnel matters of individual non-elected personnel to protect their privacy, Jeff seconded and all approved. No action was taken.

Lynne made a motion to go into a 5 minute executive session for Personnel matters of individual non-elected personnel to protect their privacy, Jeff seconded and all approved. No action was taken.

There was a brief discussion over County provided health insurance benefits for the 2019 year; the County is insured through the State of Kansas and the contract is expiring December 31, 2018. Jeff said that Don Doherty articulated to the County that we are probably not going to find a comparable plan at the price we are currently paying.

Lynne asked Treasurer Patty Love to give them the current figure on financing the jail project, (balance of money left verses what is left to pay).

Jeff made a motion to go into a 5 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and Clint Anderson). After the session, Nick made a motion to authorize Lynne to sign the contract to engagement of an expert witness for $4,000 for an appraisal, Jeff seconded and all approved. The bill will be paid out of Courthouse General.

At 3:52, Nick made a motion to adjourn, Jeff seconded and all approved.

                                        THE BOARD OF COMMISSIONERS

                                        OF BOURBON COUNTY, KANSAS

                                        (ss) Lynne Oharah, Chairman

                                        (ss) Jeff Fischer, Commissioner

                                        (ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

05/22/2018, Approved Date

May 8, 2018                                                    Tuesday 9:00 am

The Bourbon County Commission met in open session with Lynne and Jeff present, Nick was present by telephone. The County Counselor and the County Clerk were also present.

Tammy Helm with the Fort Scott Tribune was also present until lunch; Jason Silvers with the Fort Scott Tribune was present after lunch.

Residents Larry Howard, George Colinge, Richard Cullison, Bob Weibelhaus, David & Linda Kline, Raymond Kalm and Jeremiah Hill met with the Commissioners regarding Eagle Road; Mr. Colinge said that he knew the Commissioners had a lot of tough decisions to make and gave the Commissioners and Jim Harris credit. He said that Eagle Road was mentioned 21 times in the minutes between March 2017 & April 2018 and said after attending some meetings he left several times feeling better about what would be done to Eagle Road. He discussed where Eagle Road was milled last year and said the 1st mile is good in sections, but said the ¼ mile going into Garland is terrible and dangerous. He said that both 230th Road and Eagle Road are in Commissioner Fischer’s district and said 230th is now in good shape, but once again said that Eagle Road is a dangerous situation. He asked that the Commissioners make a motion to move Eagle Road to #1 on the priority list and said the road couldn’t wait. He said he was happy that the road was put in the budget to be done. Jeff said that 230th has good access on both sides and said Eagle Road as an access road is important. Jeff said the last ¼ mile of the road is an unsafe situation, Nick also said the last ¼ mile is in bad shape. Bob Weibelhaus said he lives at 240th & Eagle Road and said if the road isn’t going to be paved, he suggested due to dust and loose gravel that the County put up speed limit signs and to enforce the speed limit, several residents agreed that the speed should be 40 mph. Lynne said he wasn’t opposed to speed limit signs and suggested placing MC30 to control the dust. It was said that 1 1/2” of overlay was not enough to support the truck traffic on the road. Jeremiah Hill said he felt the gravel showing through the road was due to a milling error. It was suggested that if the State is using Eagle Road as a haul road that the State help maintain the road or reimburse for expenses on the road while they are using it for 69 Highway construction. It was questioned what was going to happen with the 250th Street bridge; the Commissioners said they hadn’t seen the bridge inspection report yet. 240th was discussed; Jeff said they are still doing work to the road which is why the road closed signs are still there. Mr. Colinge asked that the Commissioners entertain a motion to switch the priority list of paving projects by doing Eagle Road 1st and moving 230th to the 5th project. Jeff made a motion to reprioritize the paving schedule by moving Eagle Road to the 1st position and 230th to the 5th position, he said all of the roads have been budgeted for and they would just be changing the order in which they were completed, there was no second for the motion made; Nick said he wouldn’t second the motion since they would be on Eagle Road in approximately 1 month, Lynne said he wouldn’t second the motion because he wanted to stay on the same schedule as planned. Jeff said they could do spot patching and then overlay; Nick was concerned if spot patching was done it would have to sit for several weeks before it could be paved. Mr. Colinge said the sooner Eagle Road is patched and overlaid then more of the road will be saved. Mrs. Arens repeatedly said that Eagle Road was very dangerous; she also discussed a culvert that had failed at State Line and Eagle Road. Mrs. Arens questioned why 230th was being done first if it wasn’t a safety issue; the Commissioners said it was due to traffic count on the road. Lynne said the County is getting a pothole patching machine and wanted to use it on Eagle Road; the residents said the problems are bigger then the size of a pothole.   Tammy Helm questioned if Eagle Road wasn’t moved to #1 on the list, then when would the road be completed; Lynne said it would be started approximately June 15th. The Commissioners said that Jim Harris had the materials and equipment for 230th, and said they plan to start working on 230th on May 9th. Mr. Howard said after attending the budget meeting he felt that Eagle Road was a priority road. Mr. Cullison questioned if the paving would be done from 250th to Garland would be started and completed by the middle of June; the Commissioners agreed the project would be started by the middle of June. Jeff said that a motion had been made last week to remove Kansas and 230th going East from the list.

Karen Endicott-Coyan and Lane Cutler met with the Commissioners regarding a fence viewing that was done on May 1st between the two property owners. The fence is located in Section 29, Township 26 and Range 24 in Pawnee Township. Lynne said the Commissioners did walk the whole fence; Lynne said it was his opinion that the fence was in disrepair and probably wouldn’t hold livestock. Jeff said there was rotten post and it wasn’t cattle tight, Nick said that both property owners portion of the fence was in bad shape; Karen questioned if they meant the entire fence, the Commissioners said yes. Karen said she had a fence builder look a the 1st ½ of her fence from Fern Road going North, he said that portion of her fence is ok; Cutler agreed that it was ok. Karen said she had called Cody Cutler many times to inform him that his cows were out, she said Cody had said he was sick and tired of her calling him, Karen said she thought calling him was the neighborly thing to do. Lane said he wanted the Coyan’s portion of the fence done with new post and 5 wires. Justin questioned if the fence needed fixed or replaced. Karen said the Commissioners didn’t walk her entire fence; Jeff agreed. Lynne made a motion to go view the fence again, Jeff seconded and all approved. The Commissioners will do a second fence viewing on this same property on May 15th at 10:00 am. Lane told Karen that maybe she could have her fence patched by then, Karen said that she doesn’t fix fence.

Nick reported that Kevin Allen called and requested a change order for dirt work between the parking lot and the road at the new jail; Lynne made a motion to go to the jail site to view the tree stumps and resume the meeting at 11:00 am, Jeff seconded and the Commissioners left to view the issue. When they returned Lynne said they told Kevin Allen to give an estimate of what it would cost to correct the unforeseen issue with the stumps where the old fence was.

Justin said Appraiser Clint Anderson questioned him if the remaining 2017 budgeted money from his department had been placed in a special fund for 2018; Justin said Clint may want to use this money at a later time for a vehicle. Justin said he had talked to Terry Sercer about moving this money.

Justin said that Clint Anderson is starting to interview people for a job vacancy; the Commissioners wanted Justin Meeks to participate in the interviews.

Lynne made a motion to go into a 15 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Jeff seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

Lynne made a motion to break for lunch and reconvene at 1:30, Jeff seconded and all approved.

Jeff made a motion to accept and sign a termination of lease between Bourbon County and the George Family Trust and William Darrel and Laura George, Lynne seconded and all approved.   After the Commissioners signed the document, the termination of lease was sent to the Register of Deeds to be put on file.

Lynne said he received a call from Bill Martin regarding when the jail repairs from a recent water leak would be done; Lynne said Kevin Rost with Goldberg Group was discussing this with Gary Walker at Universal. Lynne said he planned to call Kevin for more details. Lynne said they were planning on moving inmates to the new jail last Sunday; Nick made a motion to give Lynne permission to call Bobby Reed to get a count of inmates being housed out of county and then discuss this issue with Kevin Rost, Jeff seconded and all approved. Lynne called Bobby Reed and Bobby reported that there are currently 12 inmates being housed elsewhere. Jeff made a motion to give Lynne permission to inform Bill Martin what Kevin Rost said regarding the repairs, Nick seconded and all approved. Jeff made a motion to give Lynne permission to call Gary Walker with Universal, Nick seconded and all approved. Gary Walker informed Lynne that it would take approximately 3 months to do the repairs. Lynne notified Bill Martin of the timeline to do the repairs. Jeff made a motion to give Commissioners permission to meet with Universal, Gold Mechanical and other contractors regarding the damage from the water leak; if the meeting is held this week Lynne will attend, if the meeting is next week then any or all of the Commissioners may attend, Nick seconded and all approved.

Lynne made a motion to go into a 5 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Jeff seconded and all approved, (the session included the Commissioners, Justin Meeks and Kendell Mason). No action was taken.

There has been a brief discussion about possibly renting out a portion of the old jail for a data center; Justin Meeks said the County could have a cost of approximately $200,000 to remodel to house a data center. Jeff discussed the possible revenue that could be generated from a data center.

Lynne made a motion to approve Resolution 16-18; a Resolution establishing a date for a public hearing concerning the adoption of a plan pursuant to the Neighborhood Revitalization Act, Jeff seconded and all approved. The public hearing will be May 29th at 10:00 am. Justin will send a notice to the Tribune for publication and will notify all of the entities in Bourbon County that could participate in the County-wide NRP program.

Justin said he will set up a meeting to discuss the use of the old jail/sheriff’s department. There was discussion over some departments moving to the first floor. The Commissioners would like the departments input on the use of the space.

Lynne made a motion to allow any of the Commissioners to attend a graduation ceremony for the LEAD Bourbon County class on May 10th at 5:30 pm, Jeff seconded and all approved.

At 3:40 Lynne made a motion to adjourn and Jeff seconded.

                                        THE BOARD OF COMMISSIONERS

                                        OF BOURBON COUNTY, KANSAS

                                        (ss) Lynne Oharah, Chairman

                                        (ss) Jeff Fischer, Commissioner

                                        (ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

05/15/2018, Approved Date

May 1, 2018                                                    Tuesday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners and the County Clerk present, Justin Meeks was present for the meeting beginning at 11:00 am.

Jeremiah Hill, Larry Howard and George Colinge met with the Commissioners; Jeremiah Hill said as a taxpayer he is not pleased with things that are happening in the County. He questioned the Commissioners plan to pave Kansas & 230th; he said when he attended the hard surface planning meeting, paving Kansas & 230th was not part of the plans, he questioned where the money to pave this road was coming from and questioned why they were paving this verses fixing the asphalt roads. Lynne said it has been recommended to back off on this road, he said it has been fixed as a gravel road and have had a request to put MC30 down. The Commissioners said the decision to do Kansas & 230th was based on economic development. Mr. Hill said he works for a business that is ¼ mile off of a paved road and questioned if they plan to pave it for economic development. Mr. Howard stated that the Commissioners had stated that they had already overlaid more roads that they can take care of. Lynne discussed a study they received from W.S.U., he said the study suggested that between now and 2044 Bourbon County will lose approximately 16% of the population, he said there tends to be a trend that there are more obituaries than births in this area. Mr. Hill said the 1st mile off of 69 Highway onto Eagle Road is full of potholes and wasn’t being maintained. The Commissioners said they plan to purchase a used pothole patching machine and pay for the machine with money from the 1% Sales Tax fund; Mr. Howard said the 1st place this machine should be used is on Old Highway 69 near 240th. The Commissioners said they had not received the bridge inspection report yet. The Commissioners said that the State (who is pouring concrete) is using Eagle Road as a haul road. It was said that the winter had destroyed the milled portion of Eagle Road; Mr. Collinge said that Jeff Fischer had previously said that they needed to make Eagle Road a priority road. Mr. Howard said that the County shouldn’t have milled the road if they weren’t going to finish the road; Jeff said that it was suggested that there was 6-8” of asphalt over the base there and they thought they could take a couple of inches off, but then realized the base wasn’t what they originally thought it was. Mr. Hill questioned which Commissioner pulled the trigger on tearing up the 3 miles on Eagle; Jeff said he was an advocate because the condition was rough, there was no drainage and said he felt that the traveling surface was now better than when it was a blacktop road. Jeff said he felt the County was making “gains” around the County, he discussed the trimming and ditching that has been done and said he still believed that they will eventually get this road paved. Mr. Howard said the County should do Eagle before 230th. He said with a portion of Eagle Road shut down the traffic count is now higher on Old 69 Highway.  The Commissioners were questioned if they ever got bids from private individuals to do road work; the Commissioners said that KAC suggested it was cheaper for the County to do the work themselves, verses contracting it out. It was questioned on when Eagle Road would be overlaid; the Commissioners said they would discuss this with Jim Harris later in the day and Jeff said he would call and report what was decided to Mr. Howard or to Mr. Hill. Mr. Hill questioned five culverts that were installed on 240th south of Cavalry; he said 2 culverts were taken out and five were installed, he felt this was a waste of money and said when the water gets deep enough it is running into his field, he said some of the culverts should have instead been installed near the State Line. Mr. Hill questioned who was responsible to put rock on Deer Road going East between 250th & 260th (which is near Phoenix Coal Company. Mr. Howard questioned the County being responsible for the roads in the Industrial Park and at the Fort Scott Lake; Lynne said this was due to spot annexation that had previously been approved, Mr. Howard questioned if this spot annexation could be undone.

The Commissioners discussed an application from applicant John Morlan for a permanent road closure petition on 130th between Kansas and Limestone Road; Kendell explained that all property owners on the road considering being closed need to sign a petition before the road could be considered for closure. One of the property owners had not signed the petition and the contact person on the petition said he would try to contact the other signer to sign the petition, but as of today they had not signed the petition. Lynne said that John Morlan had contacted him and said that this road either needed shut down or fixed; Lynne said that Jim Harris reported that they will be putting base rock on the road. Jeff said that closing roads doesn’t solve problems and that closing roads can constrain utility installments. Jeff said there is value in maintaining and keeping roads open.

Nick made a motion that all of the Commissioners attend a fence viewing between property owners Lane & Glynda Cutler and John & Karen Endicott-Coyan, Jeff seconded and all approved. After the Commissioners returned, they said they would announce their decision regarding the fence viewing on May 8th at 9:45, both property owners were notified by mail of the time and date of the decision.

Lynne made a motion to go into a 25 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Jeff seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

Nick made a motion to go into a 5 minute executive session for confidential data relating to financial affairs or trade secrets of corporations, partnerships, trusts and individual proprietorships, Jeff seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

At noon, Lynne made a motion to break for lunch and reconvene at 1:30, Jeff seconded and all approved.

Jeff read a thank you letter from Raymond & Diane Tucker; they thanked the maintenance crew for the new driveway culverts that the County installed.

Lynne made a motion to go into a 15 minute executive session for confidential data relating to financial affairs or trade secrets of corporations, partnerships, trusts and individual proprietorships, Nick seconded and all approved, (the session included the Commissioners, Jim Harris and Justin Meeks). No action was taken.

Phillip Heagy (a resident of Devon) met with the Commissioners; he said he bought a mule and his neighbors have dogs which he is having issues with. He said according to the Sheriff he has the following options; deal with the dogs or if the dogs are chasing his mule he could shoot the dog. Lynne said the County doesn’t have a dog ordinance. Justin Meeks suggested that he contact an attorney regarding the dogs.

Phillip Heagy reported potholes on 164th going South for approximately ¼ mile out of Devon as well as potholes in Devon. Jim Harris will address the potholes.

Lynne made a motion to go into a 15 minute executive session for confidential data relating to financial affairs or trade secrets of corporations, partnerships, trusts and individual proprietorships, Jeff seconded and all approved, (the session included the Commissioners, Jim Harris and Justin Meeks). No action was taken.

Jeff told Jim Harris that on Deere Road between 250th & 260th needs gravel. Jim said they are addressing 267th & State Line Road.

The Commissioners told Jim Harris that the grader dug a ditch across the road and it needs culvert and gravel at 180th & Grand Road.

Jim Harris reported that they did the cleanup at the site of the recent tractor fire. He said they went to the neighboring property of the tractor fire and did cleanup work there as well, he said they did soil samples and once the results of the samples are ok, they will put dirt back in the hole where they did the cleanup.

Nick made a motion that the County does not asphalt East on Kansas Road from 230th for approximately ¼ mile, Jeff seconded and all approved. The Commissioners said dozers using this road have helped influence this decision. Jim said a resident in this area didn’t want the improvements made to the road, due to the equipment usage on the road.

Jim Harris reported that he is using the Roads Scholar to send some of his employees for training.

Jim Harris reported that the crusher is at the Blake Quarry making chips and then will move to the Shepherd Quarry, then to the Beth Quarry and then to the Thomas Quarry.

Lynne made a motion to go into a 15 minute executive session for personnel matters of individual non-elected personnel to protect their privacy, Jeff seconded and all approved, (the session included the Commissioners, Justin Meeks and former Register of Deeds employee Sandy Winters). After the session, Jeff made another motion to go into a 15 minute executive session for personnel matters of individual non-elected personnel to protect their privacy, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and former Register of Deeds employee Sandy Winters). After the session, After the session, Jeff made another motion to go into a 10 minute executive session for personnel matters of individual non-elected personnel to protect their privacy, Nick seconded and all approved, (the session included the Commissioners and Justin Meeks). After the session, Jeff made another motion to go into a 5 minute executive session for personnel matters of individual non-elected personnel to protect their privacy, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and former Register of Deeds employee Sandy Winters). No action was taken.

Justin Meeks reported that he has meetings scheduled with cities and schools regarding the proposed County-wide NRP program.

Lynne made a motion to go into a 5 minute executive session for Consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship Nick seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

Justin Meeks said they are starting to move forward on the walking trail near the industrial park, he said he would like to have one Commissioner meet with business owners on the route; Jeff agreed to meet with the business owners regarding easements on the properties.

The Commissioners agreed that the department heads could plant flowers on the Courthouse lawn again in 2018 if the departments want to maintain the flower beds. The Commissioners said they would allow the same dollar amount that was allowed in 2017.

Nick Ruhl called Kevin Rost with Goldberg Group Architect regarding a recent water leak at the new jail; Kevin said they are working with the plumbing contractor’s insurance company.

At 4:39, Nick made a motion to adjourn, Lynne seconded and all approved.

                                        THE BOARD OF COMMISSIONERS

                                        OF BOURBON COUNTY, KANSAS

                                        (ss) Lynne Oharah, Chairman

                                        (ss) Jeff Fischer, Commissioner           

                                        (ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

05/15/2018, Approved Date

April 24, 2018                                                 Tuesday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners, the County Counselor and the County Clerk present.

Jennifer Fountain attended a portion of the Commission meeting; she is getting ready to receive her B.S.N. from Pittsburg State and needed to attend a type of public meeting for a graduation requirement. Jennifer questioned the Commissioners what the formal purpose of their meetings were; Lynne said the purpose is to move forward and spend the taxpayer’s money wisely, Jeff said the purpose is to conduct business on behalf of the taxpayers. Jennifer questioned how the County is able to influence health and wellness in the Community; Lynne said that the County employees are able to participate in health screenings offered through the insurance company and said the County has participated in wellness grants.

Tammy Helm with the Fort Scott Tribune was present for a portion of the meeting.

Jim Harris presented a culvert application for Jeff Johnson for a culvert installation at 1282 135th; Lynne made a motion to approve the application, Jeff seconded and all approved.

Jim Harris asked permission to sell a 1989 Ford tractor on Purple Wave; Lynne made a motion to allow it to be sold on Purple Wave, Nick seconded and all approved.

The Commissioners discussed the recent KDOT meeting that Jeff attended; Jeff said that the Federal Fund’s Share used to be a 80/20% split, but is now 75/25% and the 25% is an administrative fee to cover the States costs, he said that Kansas was in jeopardy of loosing this funding opportunity and said it is possible that the 25% fee may change in the future. There was discussion over the off-system road bridges, which are on rural secondary roads, (gravel roads). Jeff said there may be additional funding available for low water bridges.

Lynne made a motion to go into a 5 minute executive session for confidential data relating to financial affairs or trade secrets of corporations, partnerships, trusts and individual proprietorships, Jeff seconded and all approved, (the session included the Commissioners, Justin Meeks and Jim Harris). No action was taken.

Lynne made a motion to allow all of the Commissioners to attend a safety meeting on April 26th at 11:00 am at the Public Works building, Nick seconded and all approved.

The Commissioners held a public hearing for the five year solid waste plan; they reviewed the plan prepared by Agricultural Engineering Associates, there was a duplicate entry on section 5B3, which the Commissioners eliminated before adopting the Resolution. Lynne made a motion to approve Resolution 13-18, FIVE YEAR SOLID WASTE PLAN, Jeff seconded and all approved.

Jim Harris said that Schwab Eaton had inspected a surface cavity on the 2nd street bridge going west out of Fort Scott; Jim said the County removed the surface, dug down where the bridge had been washed out, they will be putting flowable fill, clay and rock in the hole. Jim said the bridge will be closed for a few days.

Jim said that 240th will be open soon.

Jim said they are working on the road near the Hairbow Center.

Jeff thanked Jim for fixing the ditch near Condensory/Soldier Road.

Jeff said he had a call that the County gravel trucks are exceeding the speed limit on gravel roads; Jim said he didn’t feel the trucks were speeding on the roads. Jeff said he had also heard from another person that the County drivers slow down when meeting vehicles.

Jim said he would be gone for a meeting on May 7th & May 8th.

Lynne made a motion to go into a 3 minute executive session for non-elected personnel to protect their privacy, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and Kendell Mason). After the session, Lynne made a motion to adopt Resolution 14-18, a wage Resolution adding a part time County Attorney position on the wage resolution and increasing the wages for the Assistant County Attorney on the wage resolution, Nick seconded and all approved.

Justin Meeks presented data to the Commissioners; he said the data suggests that there will be a population decrease in the future. There was discussion over this decrease and the impact it will have on economic development for our County.

Terry Wood questioned the status of 245th & Lucky Road; he said there hasn’t been anything done for 6 months. Jeff said he would discuss this with Jim Harris. Jeff later reported to Mr. Wood that Jim Harris said they plan to fix this road in May.

Lynne made a motion to approve the commercial lease agreement between Bourbon County and Craw-Kan Telephone. Nick seconded and all approved. Lynne signed the agreement. Craw-Kan plans to lease a portion of the old jail for $1,300/month. The tenant will use the premises as a fiber optics distribution center. The lease will terminate on May 1, 2043, unless the lease is renewed.

There was a brief discussion over the ROZ program; Justin said that one person is using the program in Bourbon County and suggested that the County fund the program for two additional years and then provide zero funding for the program. The ROZ program will be discussed at a different date.

Justin Meeks has been working on creating and implementing an NRP program that is County-wide. He said he has meetings set up with the City of Uniontown on May 8th and the City of Bronson on May 15th, (the meetings are to see if the cities are interested in participating in a county-wide NRP program). Justin said he is trying to arrange meetings with other cities and school districts in Bourbon County. The county-wide NRP program will be a rebate program that can rebate a portion of the increased property taxes paid due to improvements to a property.  There is already a NRP program for the City of Fort Scott.

Lynne made a motion to go into a 10 minute executive session for attorney client privilege with possible litigation, Jeff seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

At 11:56, Lynne made a motion to break for lunch and reconvene at 1:30, Jeff seconded and all approved.

Appraiser, Clint Anderson asked permission to fill a vacancy in his office (due to the hiring freeze); Lynne made a motion to allow Clint to hire a person to fill a vacancy, Jeff seconded and all approved. Clint said he had already begun the hiring process; he said he has received five applications from the website Indeed.

Cathy Cooper with the 6th Judicial District met with the Commissioners; she presented 3 grants for the 2019 budget year. The Adult Program for D.O.C for $305,536.90, the Adult Program Behavior Health for $145,327.00 and the Juvenile budget for $464,356.96. Jeff made a motion to allow the Chairman to sign off on the fund year 2019 grants and budgets for the 6th Judicial District, Nick seconded and all approved and Lynne signed the documents.

There was discussion over Bourbon County possibly putting in bed space in the old jail to house juvenile’s verses paying to house the juveniles elsewhere.

Lynne said that the tractor had been moved from the location of a recent tractor fire and said that the permits were available from KDHE to start the clean-up process.

Lynne made a motion to approve Resolution 15-18, a resolution authorizing a deferred compensation plan for the employees of Bourbon County, Jeff seconded and all approved. KPERS will start offering a deferred compensation plan to the County employees.

Emergency Preparedness director Will Wallis met with the Commissioners; he discussed a recent downtown fire exercise that was held. In 2005, there actually was a fire in downtown Fort Scott; the fire destroyed 11 buildings in Fort Scott. Will said several people participated in the exercise. Will said the objectives of the exercise was to mobilize all critical resources and strategically deploy them to the scene, establish an on-scene incident command post, organize teams to carry out and timely and organized facility search of each facility involved or presumed to be involved in the disaster and to coordinate and disseminate vital, timely information through command and back to the emergency operation center. Will reported that the conclusion was that the water department will be clearing the way for use of water out of the re-claimed pool of water at the plant. A plan will be developed and tested by a city/county effort to draft re-claimed water at the city sewage plant and return to the downtown area and dispense their water in drop tanks in a timely matter. Another plan will be to locate and procure a contract with an outside contractor to haul water by semi-truck loads to a designated site and be able to dispense it into a drop tank or hook up to a pumper.

Nick gave the draft of the employee handbook back to Justin Meeks; Justin said he would present a draft to the department heads.

David Neville questioned how the Commissioners wanted the east doors secure after the SEKRCC and Sheriff’s office moves; the Commissioners said they wanted a card reader placed on the east door. David will unlock the doors during business hours.

Justin and the Commissioners discussed what to do with the old jail space once the Sheriff and SEKRCC moves; no decision was made on the space. Justin will notify the department heads of a meeting where they will discuss the repurposing of the old jail/sheriff’s space.

Jeff made a motion to go into a 5 minute executive session for non-elected personnel to protect their privacy, Nick seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

There was a brief discussion over Bourbon County negotiating a reduced monthly rate with SEK Regional Juvenile Detention Center; Nick made a motion to give Jeff the authority to contact the County Attorney regarding negotiating the SEK Regional Juvenile Detention Center contract rate.

At 3:47, Nick made a motion to adjourn, Lynne seconded and all approved.

                                        THE BOARD OF COMMISSIONERS

                                        OF BOURBON COUNTY, KANSAS

                                        (ss) Lynne Oharah, Chairman

                                        (ss) Jeff Fischer, Commissioner

                                        (ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

05/01/2018, Approved Date

April 17, 2018                                                  Tuesday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners, the County Counselor and the County Clerk present.

Jim Harris met with the Commissioners; he suggested that the County put a moving permit in place to be used when moving structures down the road. He said a permit would allow a fee to be charged, move signs, etc. Kendell said that the County used to issue moving permits and said she would review any resolution that has been put in place regarding a moving permit.

Lynne made a motion to go into a 15 minute executive session for confidential data relating to financial affairs or trade secrets of corporations, partnerships, trusts and individual proprietorships, Jeff seconded and all approved, (the session included the Commissioners, Jim Harris and Justin Meeks). No action was taken.

Lynne said he had received a request to open the road on 260th between Cavalry and Eagle Road; this road was previously closed for Phoenix Coal Company, Jim said the South end of this road will require a lot of work. The Commissioners discussed the reclamation process. Jeff suggested if someone tears up the road, shouldn’t the County make sure that they repair the road. Jim said he didn’t feel that there was anything in writing making Phoenix Coal Company fix the road. The Commissioners asked Jim Harris to write Phoenix Coal Company to request that they repair the road.

Lynne discussed the Little Osage low water crossing on 75th that was closed, Jim said this may be able to be repaired.

Lynne said there are wash boards on the hill South on 77th Street Terrace; Jim said he would view the road.

Jim Harris said KDHE will be on site to inspect as the County does the clean-up from the recent tractor fire.

Jim Harris estimated that it would cost $20,000 for the asphalt at 230th & Kansas Road, which is the location of the Hairbow Center. The Hairbow Center has expansion plans and will have heavier truck traffic and the road needs to be reinforced. Jeff made a motion to overlay 1/8th of a mile East of the intersection of Kansas and 230th, Nick seconded and all approved.

Jeff said that Roger Bailey a resident on Jubilee Road has a whistle that is filled; Jeff discussed the condition of the road. Jim said he could ditch the road and put a crown in the road so that water will flow properly. Jim said he would view the area.

Jim Harris said that they will start overlaying in a few weeks; he said they will be applying MC30 on one lane and will do the other lane the next day in order to allow the vehicles to get out of the MC30. Jim said they will be applying MC30 near the Blake Quarry.

KPERS 457 representatives, Len Lehmann and Lori Rueschhoff met with the Commissioners and said the following; KPERS 457 has low investment fees and is an additional option for employees to contribute to in addition to the KPERS plan. KPERS 457 is designed to supplement retirement income. The County has fiduciary duties. KPERS 457 is a benefit that the State offers, KPERS 457 offers a reduced liability for local governments, KPERS 457 assets are held in a trust. They would like to offer to the County employees KPERS 457 or would like for the County to consider consolidating the 457 plans to KPERS 457. Lynne made a motion to allow Bourbon County to participate in KPERS 457 immediately, Jeff seconded and all approved. The County will pass a Resolution allowing the participation in KPERS 457.

Lora Holdridge met with the Commissioners; she suggested if the County decides to give gift cards to the County employees instead of doing a holiday meal, the County employees could have a quarterly luncheon in a portion of the old jail in December, (the County employees would provide the food). Jeff suggested using the quarterly luncheon time to present current data to the employees.

Lynne made a motion to go into a 7 minute executive session for non-elected personnel to protect their privacy, Jeff seconded and all approved, (the session included the Commissioners, Lora Holdridge and Justin Meeks). No action was taken.

Jeff made a motion to go into a 7 minute executive session for non-elected personnel to protect their privacy, Lynne seconded and all approved, (the session included the Commissioners, Lora Holdridge and Justin Meeks). No action was taken.

Lynne made a motion to go into a 10 minute executive session for non-elected personnel to protect their privacy, Jeff seconded and all approved, (the session included the Commissioners, Justin Meeks and Kendell Mason). No action was taken.

Justin Meeks will work with the County Treasurer to advertise to take bids for title work for Bourbon County property tax foreclosure sale.

Jeff took a phone call from Brian Wade; Brian said he didn’t feel the County should spend money to build an evidence and impound facility, but said the money from the sale of the property near the jail should be used to pay off the jail bonds early. Brian was also concerned about the delay in the opening of the jail.

Lynne made a motion to go into a 7 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Nick seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

Lynne made a motion to go into a 5 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Nick seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

Lynne made a motion to go into a 15 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Jeff seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

At noon, Jeff made a motion to break for lunch and resume at 1:30, Lynne seconded and all approved.

Jeff made a motion to go into a 10 minute executive session for non-elected personnel to protect their privacy, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and County Attorney Jacqie Spradling). No action was taken.

Justin Meeks gave a revised employee handbook to Nick for review.

Jeff made a motion to go into a 10 minute executive session for non-elected personnel to protect their privacy, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and Kendell Mason). No action was taken.

The Commissioners discussed the ROZ program; Bourbon County previously participated in the ROZ (Rural Opportunity Zone) program, but did not budget to participate in the program in 2018. Jeff asked that Justin contact ROZ to find out who the past recipients are, if they still reside in Bourbon County and if the program is working.

At 3:45, Lynne made a motion to adjourn, Jeff seconded and all approved.

                                       

THE BOARD OF COMMISSIONERS

                                        OF BOURBON COUNTY, KANSAS

                                        (ss) Lynne Oharah, Chairman

                                        (ss) Jeff Fischer, Commissioner

                                        (ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

04/24/2018, Approved Date

 

April 10, 2018                                                 Tuesday 9:00 am

The Bourbon County Commission met in open session with Commissioner Oharah and Ruhl present and Fischer present by telephone until lunch, the County Counselor and the County Clerk present.

Tammy Helm with the Fort Scott Tribune was also present until lunch.

Lane and Cody Cutler met with the Commissioners; they requested a fence viewing, which will be scheduled at a later date.

Jim Harris presented two utility permits from Housley Communications who is doing work for AT&T; they want to bore under the road at 190th & Hackberry as well as 225th & Noble Road. Lynne made a motion to approve both permits, Nick seconded and all approved.

Jim Harris questioned purchasing a mower for the use at Elm Creek, Cedar Creek, the Landfill and public works; Jeff said he got the market price for a used mower he knew of that was for sale, but said it was priced higher than the market value. Jim recommended purchasing a Gravely ProTurn 60 24hp Kawasaki mower from R&R for $6,446.84 (he said that R&B, Landfill and Elm Creek will pay for the mower); Jeff made a motion to purchase the mower from R&R, Nick seconded and all approved.

Justin Meeks discussed the Hairbow Center on Kansas Road; the Commissioners asked that Jim view the area and report back to the Commissioners next week about possibly widening the driveway to support the truck traffic there as well as what to do to the road there.

Lynne made a motion to go into a 10 minute executive session for attorney client privilege with possible litigation, Nick seconded and all approved, (the session included the Commissioners, Jim Harris and Justin Meeks). After the session, Lynne made a motion that per recommendation from KDHE the County will do clean up as a good will effort, he said the County is not admitting responsibility, but just doing clean up at 1480 215th, Nick seconded and all approved.

Lynne made a motion to go into a 10 minute executive session for attorney client privilege with possible litigation, Jeff seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

Lynne made a motion to go into a 5 minute executive session for attorney client privilege with possible litigation, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and Bill Martin). After the session Justin Meeks said that the Commissioners are his boss, but he recommended that if something is going to be discussed in the Commission meeting, it should be on the agenda. Lynne said that everything should be put on the agenda, unless it is an emergency, he said they still have an open door policy for the public. Kendell typed a letter to notify the department heads about scheduling items on the agenda, Lynne made a motion to sign the letter, Nick seconded and all approved.

Lynne made a motion to go into a 10 minute executive session for attorney client privilege with possible litigation, Jeff seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

Justin Meeks discussed the Opioid litigation; he said that two qualified law firms had met and made presentations to the Commissioners; Lynne said that the law firm Wagstaff & Cartmell stood out to him, Jeff said he agreed. Lynne made a motion that Wagstaff & Cartmell represent Bourbon County in the Opioid litigation, Jeff seconded and all approved. Lynne signed the contract between Wagstaff & Cartmell and Bourbon County.

Jeff made a motion that Lynne be allowed to attend the town hall meetings to discuss the possible County-wide NRP program, Nick seconded and all approved.

Fort Scott representatives Dave Martin, Rachel Pruitt and Larry Gazaway met with the Commissioners; Larry said they previously discussed putting on the ballot the microbrewery license & food sales requirement, but said they should have been considering a drinking establishment license and eliminating the requirement of the 30% of food for that type of license. Larry requested that the Commissioners adopt a resolution stating “We request an election to determine whether the sale of alcoholic liquor by the individual drink in Bourbon County shall be allowed in public places without a requirement that any portion of their gross receipts be from sales of food. Lynne asked that Kendell prepare the resolution for adoption, (the Resolution was prepared and adopted later in the meeting). Justin commended Larry and Rachel for their work on this matter.

Lynne made a motion to go into a 7 minute executive for attorney client privilege with possible litigation, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and Shane Walker). After the session, the Commissioners scheduled the signing of the contract between Bourbon County and Craw-Kan on April 24th at 11:30.

Lynne made a motion to adopt Resolution 11-18, a Resolution of support for the Osawatomie State Hospital campus, Jeff seconded and all approved.

Lynne made a motion to go into a 7 minute executive session for non-elected personnel to protect their privacy, Nick seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

Lynne made a motion to adopt Resolution 12-18, which stated the following... We request an election to determine whether the sale of alcoholic liquor by the individual drink in Bourbon County shall be allowed in public places without a requirement that any portion of their gross receipts be from sales of food, Nick seconded and all approved. This issue will be placed on the next State general election ballot in November 2018.

At 11:55, Jeff made a motion to break for lunch and reconvene at 1:30, Nick seconded and all approved.

The Commissioners were previously approached by Billard Hammer Hartman Insurance about allowing bids on both County owned property and workers compensation insurance; in December 2017, Bourbon County signed a 3 year contract with KCAMP (for property insurance), however, the workers compensation insurance is an annual agreement. The Commissioners decided to allow BHH to bid on the workers compensation insurance.

Lynne made a motion to go into a 10 minute executive session for attorney client privilege with possible litigation and Nick seconded, (the session included the Commissioner, Justin Meeks and Kendell Mason). No action was taken.

Justin Meeks said he is proofreading the employee handbook and will present it to the department heads for review.

Lynne made a motion to go into a 5 minute executive session for attorney client privilege with possible litigation and Nick seconded, (the session included the Commissioners, Clint Anderson, Justin Meeks and Kendell Mason). No action was taken.

Lynne made a motion to go into a 15 minute executive session for non-elected personnel to protect their privacy and Nick seconded, (the session included the Commissioners, Justin Meeks, Clint Anderson and Kendell Mason). No action was taken.

Lynne made a motion to go into a 10 minute executive session for non-elected personnel to protect their privacy and Nick seconded, (the session included the Commissioners, Justin Meeks, Clint Anderson and Kendell Mason). No action was taken.

Lynne made a motion to go into a 5 minute executive session for non-elected personnel to protect their privacy and Nick seconded, (the session included the Commissioners and Justin Meeks). No action was taken.

All three of the Commissioners and Jim Harris will be attending a KDOT meeting in Chanute on April 19th.

Brent Smith met with the Commissioners; he discussed another County which is taxing land that is owned by out of County residents and is used for hunting at a different rate then land that is used for farming. The Commissioners said this has been discussed before, but questioned how land that is locally owned that doesn’t have animals on it should be taxed.

At 3:48, Nick made a motion to adjourn and Lynne seconded.

                                        THE BOARD OF COMMISSIONERS

                                        OF BOURBON COUNTY, KANSAS

                                        (ss) Lynne Oharah, Chairman

                                        (ss) Jeff Fischer, Commissioner

                                        (ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

04/17/2018, Approved Date

 

April 3, 2018                                                   Tuesday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners, the County Counselor and the County Clerk present.

Tammy Helm with the Fort Scott Tribune was also present.

Travis Klinesmith with Murphy Tractor met with Jim Harris and the Commissioners; Jim said that due to a recent loss of a County tractor in a fire they are looking for a replacement. Murphy Tractor has a used (from the Department of Transportation), 2017 John Deere 612E 4WD 102 PTO, with 32 hours on it for $113,000.00. Jim said that Bourbon County will receive $112,200 from KCAMP Insurance for the loss of the tractor and said Bourbon County will keep the $10,000 head to put on the replacement mower. Jim said if the County purchases this mower they could be mowing with it next week or questioned if the Commissioners wanted to take bids for a new replacement mower, (which would take longer for the County to get a mower). Jeff questioned if the model type was what’s needed for the County use and also questioned the price of the used tractor verses a new tractor. Lynne made a motion to go into a 5 minute executive session for attorney client privilege with possible litigation, Jeff seconded and all approved, (the session included the Commissioners, Jim Harris and Justin Meeks). After the session, Nick said he would prefer to buy a tractor and start mowing. Jeff questioned the purchasing process for the County; he said this is not the only deal out there. Jim stated it was his job to mow in the County and said how and when the Commissioners want him to mow is the decision of the Commissioners. Jim said his goal was to buy good equipment for the County use. Travis said the “E” model is sold to many governmental agencies and said an “M” model is more for farm use and costs more. Nick made a motion to purchase the 2017 John Deere 612E 4WD 102 PTO, with 32 hours on it for $113,000.00, Lynne seconded, Lynne and Nick approved, and Jeff was opposed to the purchase.

Jim Harris presented 10 different quotes for commercial mowers to be used at Elm Creek Lake. Jim recommended the quote from R&R for a Gravely ProTurn 60 24hp Kawasaki for $6,446.84. Jeff said he knew of a used Badboy mower for sale locally, he questioned if the County would want to consider looking at this mower. Lynne made a motion to allow Jeff and Jim to look at the used mower, Nick seconded and all approved.

Justin Meeks said he talked with Jim Harris regarding the right of way for the sign for Timberhill. Jim said the motion and approval of the right of way for the sign is all that is needed for the Timberhill sign in the County right of way and said no additional documentation is needed.

Lynne made a motion to go into a 15 minute executive session for confidential data relating to financial affairs or trade secrets of corporations, partnerships, trusts and individual proprietorships, Jeff seconded and all approved, (the session included the Commissioners, Justin Meeks and Jim Harris). No action was taken.

Tim Travis and Lynne Westhoff with Billiard Hammer Hartman Insurance met with the Commissioners; they are a Bourbon County based insurance agency, with experience in municipalities, they support Live Local and said they were here asking for an opportunity to quote the County property and workers compensation insurance needs. They said if the County used them for their insurance needs, the County could be eligible for dividends. Lynne made a motion, pending the contract expiration date of the current policies, to allow Billiard Hammer Hartman to provide a quote for County property and workers compensation insurance, Jeff seconded and all approved.

Lynne made a motion to go into a 10 minute executive session for attorney client privilege with possible litigation, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and Kendell Mason). No action was taken.

Treasurer Patty Love and Justin Meeks met with the Commissioners to discuss the tax sale. Justin suggested waiting to have a tax sale until a Landbank (the Landbank would be only used for properties in the City of Fort Scott) is set up. Justin felt the tax sale could happen towards the end of 2018 or in the first part of 2019. The Commissioners decided they wanted a tax sale to occur in January of 2019.

Lynne made a motion to go into a 5 minute executive session for attorney client privilege with possible litigation, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and Patty Love). No action was taken.

Debra Engstrom with Security 1st Title, LLC and Lora Holdridge met with the Commissioners to discuss the future tax sale. Debra Engstrom said if they got the bid to do the title work for tax sale, they would allow 180 days to do the title work. They would provide the Commissioners a current owner search, (which includes a certificate showing the legal description, last deed of record, any open mortgages, judgments and/or liens if any against the current owner and the property address and will attach a copy of the last deed of record and a County printout of the current and delinquent taxes. A current owner search does not guarantee merchantable title. Security 1st agreed to do the above work for $85/parcel. For $100, in the event the Commissioners or their designee require a 25 year chain of title on specific properties subject to the judicial foreclosure, Security 1st will provide a 25 year chain of title, the 25 year chain of title includes all of the items included in a current owner search as well as a check of the chain of title back 25 years per the Kansas Marketable Title Act. Debra questioned properties that are in bankruptcy; she said that the prior Treasurer pulled properties that were in a bankruptcy status before the tax sale. She said that some of the properties will be redeemed before they are sold in a tax sale.

Lynne made a motion to have Justin Meeks prepare a bid package for the tax sale work, Nick seconded and all approved.

At 11:49, Lynne made a motion to break for lunch and reconvene at 1:00, Jeff seconded and all approved.

Jim Harris met with the Commissioners; he said he has a vacancy for a motor grader operator and asked for permission to fill the position, (due to the hiring freeze). The Commissioners discussed the hiring process and training that should be required for new hires. Lynne made a motion to allow Jim to hire a replacement motor grader, Jeff seconded and all approved.

Jim Harris said they plan to be overlaying on 230th by May 1st.

Lynne made a motion to go into a 5 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Nick seconded and all approved, (the session included the Commissioners, Jim Harris and Justin Meeks). No action was taken.

The Commissioners, Clint Anderson and Justin Meeks briefly discussed the County-wide Neighborhood Revitalization Program that Cherokee County is implementing. The County Commissioners are considering implementing a County-wide NRP program. Justin said he will begin meeting with the different entities around Bourbon County on April 30th. There was discussion over some of the properties in the City of Fort Scott that are receiving tax incentives or that are tax exempt.

Lynne made a motion to go into a 10 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Nick seconded and all approved, (the session included the Commissioners, Clint Anderson and Justin Meeks). No action was taken.

Lynne made a motion to go into a 10 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Nick seconded and all approved, (the session included the Commissioners, Clint Anderson and Justin Meeks). After the session, Lynne made a motion to give Clint the authority to make a quarry to an outside agency for providing a commercial appraisal, Jeff seconded and all approved.

Lynne made a motion to give Justin Meeks permission to talk to the City of Fort Scott regarding re-doing the parking on the North side of the building, Jeff seconded and all approved.

Justin Meeks and the Commissioners discussed the employee handbook.

Nick made a motion that all of the Commissioners attend a department head meeting on April 4th, Jeff seconded and all approved.

At 3:55, Lynne made a motion to adjourn, Nick seconded and all approved.

                                        THE BOARD OF COMMISSIONERS

                                        OF BOURBON COUNTY, KANSAS

                                        (ss) Lynne Oharah, Chairman

                                        (ss) Jeff Fischer, Commissioner

                                        (ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

04/17/2018, Approved Date

March 27, 2018                                                Tuesday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners and the County Clerk present.

Tammy Helm with the Fort Scott Tribune was also present.

Randy Johnson met with the Commissioners briefly; he said he would like to talk to Lynne Oharah at a later date regarding a recent County owned tractor fire.

Jim Harris provided the Commissioners with State Statutes regarding salvage yards; he thought the County could request assistance from the State for enforcement.

Jim Harris said years ago the SEK Solid Waste Committee was formed, but was recently disbanded; he presented a 5 year Solid Waste Plan update to the Commissioners that the State had approved. The Commissioners will have a public hearing on April 24th at 9:30 am in the Commission room to consider approving the Solid Waste Plan update Resolution.

Jim Harris presented information regarding a pothole patching machine; the machine should reduce pothole material cost, require less manpower and provide lasting results. The Commissioners asked for cost comparisons between the current pothole procedure verses using the pothole machine.

Jim Harris presented a request from KDOT to designate a haul road; KDOT wants to use Fern Road to 69 Highway, make a loop around to Eagle, Deer or Calvary on 230th. Jim said there are 4 areas of concern in this area; 2 culverts, one box culvert and one County bridge. Jim suggested that the County meet with KDOT regarding these concerns; Jeff made a motion that Lynne and Jim meet with KDOT to discuss these concerns, Nick seconded and all approved.

Jim Harris said two employees left the Road & Bridge department and asked for permission to replace the existing positions; Nick made a motion to allow Jim to hire two employees to replace the two that left, Jeff seconded and all approved. Lynne said in 2016 the County cut the Road & Bridge budget by $404,000 he said that currently they are still within the same parameters with the exception of the pay raises that have been given.

Lynne made a motion to go into a 10 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Jeff seconded and all approved, (the session included the Commissioners, Jim Harris, Will Wallis, Justin Meeks and Kendell Mason). No action was taken.

Lynne made a motion to go into a 10 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Jeff seconded and all approved, (the session included the Commissioners, Jim Harris, Will Wallis, Justin Meeks and Kendell Mason). After the session; Lynne said that during the executive session they were discussing a recent County owned tractor fire that happened at an employees residence, he said the insurance company is involved and suggested that Randy Johnson meet with Kendell Mason to file an insurance claim; Mr. Johnson said he wanted to talk to Lynne Oharah about some questions he had regarding the fire. Lynne and Randy met privately to discuss the fire.

Julie Saker with Saker’s Roll off service met with the Commissioners; she questioned a fire that occurred last week at Pearson Towing which is the location of the County impound lot. She asked if Pearson’s insurance would be responsible for the vehicles stored at the impound lot; Lynne said they had not been informed, but felt that Pearson’s should be responsible. Jeff questioned if when the storage for seized vehicles was put out for bid if there were insurance requirements; the Sheriff put this out for bid. Lynne said that KCAMP (the insurance company for the County) has been notified of the fire and is investigating.

Lynne made a motion to go into a 3 minute executive session for attorney client privilege with possible litigation, Nick seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

Lynne made a motion to go into a 5 minute executive session for attorney client privilege with possible litigation, Nick seconded and all approved, (the session included the Commissioners and Justin Meeks). After the session, Lynne stated that the insurance company (KCAMP) is involved in the fire at the impound lot.

Lynne stated that KCAMP has requested that all insurance claims go though the County Clerk; Lynne suggested that a letter be sent to the department heads to notify them of the need to report all claims to the County Clerk in order for the Clerk to report the claims to the insurance companies.

Justin Meeks met with Randy Johnson; Justin said he would call the insurance company in order to get an assessment done on Randy Johnson’s property, and said if there has been any contamination; they will make sure it’s cleaned up. Mr. Johnson said the issue he has with the tractor fire is that an assessment wasn’t done immediately and now it is raining and the run off and spray off is now running across his property. Justin said that the County does not have the expertise to do the investigation. Justin asked that Mr. Johnson make a claim with KCAMP; Mr. Johnson said he would meet with Kendell to file a claim.

Bradley Prochaska and Ryan Prochaska with Prochaska, Howell & Prochaska LLC Law Firm met with the Commissioners regarding the multi district litigation for the national opioid litigation. They said they have been retained by several counties for the national opioid litigation. They said that there are 117 prescriptions per 100 people in Bourbon County and that Bourbon County is one of the worst in the State. They said it will cost the County nothing to be part of the litigation, but hoped to get monetary relief for Bourbon County and then the County could decide how to spend the money. They said they know that that the State damages will be different than the County damages from the Opioid epidemic. They said they didn’t know the harm (dollar amount) of damages caused to the County. They said the more clients they get in the Opioid litigation, the more they can spread the costs out. They said there will be work required to determine exactly what the problem is, but will meet to get the data. They gave their fee schedule to Justin Meeks. The Commissioners will discuss the Opioid litigation again on April 3rd.

City of Fort Scott representatives Larry Gazaway, Dave Martin, Allison Turvey, Rachel Pruitt and Rhonda Dunn as well as Bryan and Barbara Ritter with the Boiler Room met with the Commissioners. They want to eliminate the 30% food sales requirement for a microbrewery, but not all of the drinking establishments. This would be the 1st in the State of Kansas. Currently in Bourbon County, 30% of the gross revenue from a drinking establishment has to come from food sales. They need the County support to sell beer without having to sell food. Dave Martin said they were here to discuss an economic development opportunity that would be important to a local business. Rachel Pruitt said the microbrewery doesn’t want a food sale requirement; they do not want to serve food but want to serve beer. Rachel said they are looking for a place for the Boiler Room to move to and said they are planning to move to 2 S. National (which is the old Down Towner building). Bryan Ritter said that in the last 6 months they have been on a business adventure, he said he had heard that microbreweries could bring tourism to Fort Scott. He said they now have a thriving microbrewery and said people are coming specifically to Fort Scott to visit the microbrewery, theirs is the only one in Fort Scott and in Bourbon County. Rachel said that a brew pub sells beer and food and said that a microbrewery is made to serve beer and forced to sell food.   Mr. Ritter said they can’t force customers to eat at their establishment and questioned what happens if they don’t meet the 30% requirement.   They said there is evidence out there that a microbrewery is a good thing for towns. To eliminate the 30% food sales requirement this would need to be put out to the voters in Bourbon County on a General ballot in a State Election. Jeff questioned if the ballot language (eliminating the 30% food sales requirement) should include all businesses, not just microbreweries. Rhonda Dunn said the microbrewery makes our community more attractive. Rachel said that statistics show that people will travel to visit a microbrewery. Dave Martin said he felt they needed to do what they can to make them successful. Larry Gazaway and Justin Meeks will work on the ballot language. The Commissioners will discuss this again on April 3rd.

A Joey Bissone a representative from Timberhill’s met with the Commissioners; they are wanting to put a sign up on the top side of the ditch in the County right-of-way, Lynne called Jim Harris to discuss this, Jim said his only concern would be the side vision for 125th. Justin went to view the sign placement location and then called Joey Bissone to verify the location of the sign; the sign will face east to west and if heading north you will see the sign. Lynne made a motion to allow Timberhill’s to move their sign from the inside of the fence to the outside of the fence at 125th & Valley Road on the north side of the road on the County right of way, butted up next to the fence, Nick seconded and all approved.

At 12:05, Jeff made a motion to break for lunch and reconvene at 1:15, Lynne seconded and all approved.

Lora Holdridge and Justin Meeks met with the Commissioners to discuss the tax sale. Justin said he received the tax sale information from the Treasurer, he said he would like to meet with Hidden Valley as well as put the title work out for bid. Justin said he would be meeting with the City of Fort Scott regarding the Land Bank. Lora said it would take the title company 3-4 months to do the title searches.

Justin Meeks said as part of his contract to be the County Counselor the County sends him for his C.L.E.; he said this was coming up in June.

Justin Meeks and the Commissioners will be attending a KDOT meeting in Chanute on April 19th at 12:30.

Kendell reported that a local company had called wanting to bid on the County provided work comp and County property insurance, she questioned if the Commissioners wanted to put these out for bid; the Commissioners felt that the services we receive from our current carriers is beneficial and felt since we were part of such a large pool our rates were competitive, they decided not to put these out for bid at this time.

Jim Harris met with the Commissioners; he said that the pothole patching machine will cost $47.50/ton plus transportation expenses for material costs verses $125/ton for the cold patch mixture (what the County currently uses). The Commissioners agreed to allow Jim to get a written proposal from Total Patcher Incorporated for a used patching machine and put the machine on hold until the County views the machine.

Jim Harris said the County purchased a tanker for $13,000 (to be used to haul tack oil).

Lynne made a motion to go into a 7 minute executive session for non-elected personnel to protect their privacy, Nick seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

Jeff made a motion to allow Justin Meeks to contact Cherokee County to pursue the Cherokee County economic development program, Nick seconded and all approved.

Jeff Fischer and Justin Meeks will meet with Kevin Allen regarding bean hulls on April 2nd at 1:00 pm.

At 3:39, Lynne made a motion to adjourn, Nick seconded and all approved.

                                        THE BOARD OF COMMISSIONERS

                                        OF BOURBON COUNTY, KANSAS

                                        (ss) Lynne Oharah, Chairman

                                        (ss) Jeff Fischer, Commissioner

                                        (ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

04/03/2018, Approved Date

 

March 20, 2018                                               Tuesday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners, the County Counselor Justin Meeks and the County Clerk Kendell Mason present.

Tammy Helm with the Fort Scott Tribune was also present until lunch.

Sugar Valley/Hidden Valley manager Richard Morrell attended a portion of the meeting.

Jim Harris presented the Commissioners with a second set of documents for the 2018 Federal Fund Exchange program; the Commissioners previously approved and signed one set of documents, but they needed to sign two. All of the Commissioners signed the documents.

Jim Harris said the County had paid off the blue Sterling truck and are going to list it to be sold on Purple Wave; he questioned if he should look for a replacement truck at this time (for approximately $42,000 - $85,000).  Jim found a replacement truck for $43,000 and it was decided if this truck was purchased the wet kit the County owns could be put on the replacement truck. Jim said a belly dump trailer is sitting about 50% of the time and if a tanker is purchased the belly dumps will sit more often. Nick made a motion to give Jim permission to buy the truck for cash to replace the Sterling truck that is being sold on Purple Wave, Jeff seconded and all approved.

Jim Harris presented a deed from the Department of Transportation for old Highway 54 or Locust Road; Jim said some time in the past, this was dedicated to the County, but the Department of Transportation is just now filing the deed; the Commissioners asked Justin Meeks to review the deed documents.

The Commissioners discussed a pot hole patching machine; Jim said they are $80,000 new, the Commissioners questioned if there were used machines available. The Commissioners asked Jim to review the machines.

Jim Harris discussed chemical bids; he said that Bourbon County residents will be able to purchase up to 160 acres worth of chemicals to control noxious weeds. He said by State Statute, the County has to sell chemicals at 75% of the cost, but can charge a handling fee (in order for the noxious weeds to be controlled). For 300 gallons of Remedy, Roundup and 2-4D; CPS bid $20,121 and Van Diest bid $20,031. Lynne made a motion to accept the bid from Van Diest, Jeff seconded and all approved.

Jeff said he received a call regarding a salvage yard in Mapleton; Jim Harris said he would review laws on salvage yards.

The Commissioners received a thank you note from Dennis Fry regarding work that was done near Elm Creek Lake.

Delwin Mumbower, Louella Howard, Johnny Speer and Ed Guss were present for the discussion of the consolidation of Fire Districts 3 and 4. Lynne made a motion to approve Resolution 09-18, (which residents could benefit from and consolidation could lower the fire insurance rates for residents in the district), which stated “In accordance with K.S.A. 19-3619, we, the undersigned governing authorities of Bourbon County Fire District 3 and Redfield Fire District 4, do hereby consent and request that the Board of Commissioners of Bourbon Country, by unanimous vote and Resolution, move the area of coverage by Redfield Fire District 4, into Bourbon County Fire District 3 and that, the newly formed Bourbon County Fire District 3 be governed by a Five member Board of Trustees designated in accordance with K.S.A. 19-3614 and that those first appointed members be; Scott Shelton, Paul Smith, Donnie Wiggans, Michael Robinson, Louella Howard.”   Nick seconded the motion and all approved and signed Resolution 09-18. Justin Meeks commended the person that wrote the petition and said he felt they followed the Statutes to consolidate the fire districts.

Justin Meeks said that it was established by judges orders in 2017; that Fire District #2 (Garland Fire District) falls under Chapter 80 (1501-1559). Justin said if another petition were to be submitted to consolidate Fire District #2 and Fire District #5, the petition would fall under Chapter 80 (1547) and would be placed on a ballot.

Bill Martin and Ben Cole were present to discuss the Opioid lawsuit. Justin Meeks recently attended a meeting in Montgomery County, Kansas which discussed the Opioid epidemic. Justin said that Cherokee, Sedgwick and Pratt are moving forward with litigation regarding Opioids. Four law firms were present at the meeting; he said two of them stood out, one of which has made a presentation to Bourbon County and another one who is willing to make a presentation to Bourbon County. Justin said he felt the County should get involved in the Opioid lawsuit. Justin plans to invite a second law firm to come speak to the Bourbon County Commissioners. Bill Martin said he hadn’t been invited to attend any of the Opioid discussions, but questioned if Bourbon County won money from a lawsuit, where would the money go; Justin suggested that would be up to the Commissioners, but possibly the money would go in the General fund. Bill said if the Sheriff’s department is combating the drugs on the streets, shouldn’t the money go to law enforcement. Jeff suggested that there are many entities that will have to mop up the mess of Opioids. Bill once again said if the lawsuit was won and money was awarded to Bourbon County, where would the money go, the Commissioners said he had a good point, but if the lawsuit was won it would be decided at the end of the lawsuit on where to deposit the funds.

Jeff made a motion to go into a 5 minute executive session for non-elected personnel to protect their privacy, Nick seconded and all approved, (the session included the Commissioners, Bill Martin and Ben Cole). No action was taken.

Jeff made a motion to go into a 20 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks, Bill Martin and Bobby Reed). No action was taken.

Justin Meeks said on March 26th @ 11:00 he would be meeting with 2 entities regarding a petition for a fire district.

At 11:45, Lynne made a motion to break for lunch and reconvene at 1:00, Nick seconded and all approved.

Lynne made a motion to go into a 7 minute executive session for matters relating to the security of a public body or agency, public building or facility or the information system of a public building or agency, if the discussion of such matters at an open meeting would jeopardize the security of such public body, agency, building, facility or information system, Nick seconded and all approved, (the session included the Commissioners). No action was taken.

Jeff made a motion to proclaim the month of April as Fair Housing Month, Nick seconded and all approved, Lynne signed the Proclamation.

Lynne made a motion to adopt Resolution 10-18, a wage resolution for Bourbon County employees, adding the position of lead motor vehicle clerk, Nick seconded and all approved and signed the Resolution.

Lynne made a motion to go into a 10 minute executive session for non-elected personnel to protect their privacy, Jeff seconded and all approved, (the session included the Commissioners, Justin Meeks and Kendell Mason). No action was taken.

Lynne made a motion to go into a 5 minute executive session for non-elected personnel to protect their privacy, Jeff seconded and all approved, (the session included the Commissioners, Bobby Reed, Justin Meeks and Kendell Mason). No action was taken.

Justin Meeks and the Commissioners worked on the employee handbook.

Craw-Kan employee Bobby Guilfoyle met with the Commissioners; he said they are getting ready to start the fiber install at the industrial park.

Lynne made a motion to go into a 5 minute executive session for non-elected personnel to protect their privacy, Jeff seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

Lynne made a motion to go into a 5 minute executive session for non-elected personnel to protect their privacy, Jeff seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

Lynne made a motion that the Commissioners be allowed to ride with Jim Harris to a meeting on April 5th in Paola, Kansas, Nick seconded and all approved.

At 4:15, Lynne made a motion to adjourn, Nick seconded and all approved.

                                                  THE BOARD OF COMMISSIONERS

                                                  OF BOURBON COUNTY, KANSAS

                                                (ss) Lynne Oharah, Chairman

                                                (ss) Jeff Fischer, Commissioner

                                                (ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

03/27/2018, Approved Date

March 13, 2018                                     Tuesday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners and the County Clerk present.

Lynne asked that Jim Harris make 105th & Range Road a passable road.

Jeff reported that the County right-of-ways are looking better.

Jim Harris said there is a 1987 International asphalt tanker for sale on Purple Wave; he said the County paid approximately $16,000 in 2017 on freight charges, and estimated that the County could save $12,000 in 2018 and each year after by purchasing the tanker. Nick made a motion to allow Jim to spend up to $15,000 out of the Road & Bridge Sales Tax fund on the tanker, Jeff seconded and all approved.

Lynne made a motion to pay off the Sterling tractor and trailer so the tractor can be sold on Purple Wave, Jeff seconded and all approved.

Nick made a motion to go into a 10 minute executive session for confidential data relating to financial affairs or trade secrets of corporations, partnerships, trusts and individual proprietorships, Jeff seconded and all approved, (the session included the Commissioners and Jim Harris). No action was taken.

The Commissioners decided to vote for Bernard O’Brien for the Heartland Rural Electric Cooperative board.

Jeff said he received a call regarding the low water crossing on 240th; it was requested that the repairs be timed around harvest season. Jim said he felt that 4 pipes could be installed for approximately $10,000 verses $30,000 for replacing the low water crossing. Jim said he would work with Shane Walker to make sure the County has the proper permits.

Justin Meeks arrived at the meeting.

Lynne made a motion to go into a 12 minute executive session for acquisition of real property, Jeff seconded and all approved, (the session included the Commissioners, Jim Harris and Justin Meeks). No action was taken.

Kansas Department of Transportation met with the Commissioners to invite them to attend a KDOT meeting (the Federal Exchange Program will be discussed at the meeting) in Chanute on April 19th from 8:30-12:30; all of the Commissioners plan to attend the meeting.

Bill Martin and Bobby Reed met with the Commissioners regarding the jail project and top soil and concrete work that is still needed there; Bill said he had approached the Commissioners previously about this and wanted to re-address the concrete work around the generator and fill around the transformer box. Bill had 2 concrete bids; Marberry bid $2,984 for 746 square feet 4” thick, RII Concrete bid $2,492 for 623 square feet of concrete 4” thick. Nick made a motion to approve the bid from RII Concrete, Jeff seconded and all approved.

Bill Martin and Bobby Reed got bids for the landscaping at the new jail; Redbud bid $2,700 (plus the cost of dirt) for the raking, debris clean up, miscellaneous, Skitch’s bid $1,425 (plus the cost of dirt) for flattening out the soil and planting the seed, Phillips bid $1,500 (plus the cost of the dirt) for the planting. Jeff suggested that the volume size of the load of dirt be clarified. Nick made a motion to give Bill the authority to have Skitch’s do the work for $1,425 (plus the cost of the dirt) to do the work at the new jail, Jeff seconded and all approved.

Justin Meeks presented a photo of a sign that Timberhill’s is putting at 125th & Valley Road.

Bill Martin presented a bill for RTS for the audio work at the new jail for $5,268; Bill said this will cover the issue of the camera system at the new jail that didn’t have audio, (which could have cost approximately $60,000 to correct). Bill requested that this be paid out of the jail project fund; Jeff made a motion to pay the $5,268 RTS bill out of FFE, however it was later revised to pay this bill out of capital improvements, Jeff seconded and all approved.

Lynne made a motion to go into a 5 minute executive session for non-elected personnel to protect their privacy, Jeff seconded and all approved, (the session included the Commissioners, Justin Meeks, Jim Harris and Kendell Mason). After the session, Lynne made a motion that the department heads meet to discuss employees donating vacation time to 2 employees in need, Jeff seconded and all approved.

Delwin Mumbower, Louella Howard, Beth & Ed Guss and John Speer met with the Commissioners; they presented a signed agreement between Bourbon County Fire District 3 and Redfield Fire District 4 which stated “In accordance with K.S.A. 19-3619, we, the undersigned governing authorities of Bourbon County Fire District 3 and Redfield Fire District 4, do hereby consent and request that the Board of Commissioners of Bourbon Country, by unanimous vote and Resolution, move the area of coverage by Redfield Fire District 4, into Bourbon County Fire District 3 and that, the newly formed Bourbon County Fire District 3 be governed by a Five member Board of Trustees designated in accordance with K.S.A. 19-3614 and that those first appointed members be; Scott Shelton, Paul Smith, Donnie Wiggans, Michael Robinson, Louella Howard.” Justin Meeks said the Commissioners have 90 days to approve the consolidation and said he wanted to check with the State of Kansas regarding the consolidation. It was said that the fire service will be as good as before or better and said that possibly the homeowners insurance rates could lower due to the consolidation. Nick questioned if starting today, could Fire District 3 run Fire District 4, Justin said yes. In 2019, the mill levy for the consolidated fire districts could be based on the higher of the two mill levies.

Jeff made a motion to go into a 15 minute executive session for non-elected personnel to protect their privacy, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and Patty Love). After the session, Lynne said that Patty Love was not filling a deputy clerk position, but filled a position with a clerk for motor vehicles, Lynne made a motion to create a new title called lead motor vehicle clerk, this position will have an increased workload, but will not supervise other employees and will be paid a salary range between $11.38 - $13.20. The Commissioners will adopt a resolution on March 20th, adopting the lead motor vehicle clerk position.

Justin Meeks will attend an opioid presentation on March 19th at Montgomery County.

Will Wallis and Shane Walker met with the Commissioners. A tornado drill was recently held at the Courthouse. On April 10th there will be a table top exercise for a downtown fire. Will said there is an active shooter online course available for courthouse employees; Justin suggested making it mandatory for employees to attend the training. Will and Shane will purchase out of their budget an A.E.D. for use at the Courthouse. Will presented an emergency action plan for the Courthouse; he will fill out the plan.

Lynne made a motion to go into a 5 minute executive session for matters relating to the security of a public body or agency, public building or facility or the information system of a public body or agency, if the discussion of such matters at an open meeting would jeopardize the security of such public body, agency, building, facility or information system, Jeff seconded and all approved, (the session included the Commissioners, Will Wallis and Shane Walker). No action was taken.

Mark McCoy met with the Commissioners; he reported speeding on Jayhawk Road where the City and County meet.

Lynne made a motion to allow Justin Meeks to work with Mark McCoy regarding the visioning committee, Jeff seconded and all approved. Mark McCoy said that visiting and investigating how other organizations and counties operate, may spur ideas and be beneficial for Bourbon County.

Lynne made a motion to go into a 5 minute executive session for attorney client privilege with possible litigation, Nick seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

At 11:55, Lynne made a motion to break for lunch and reconvene at 1:00, Nick seconded and all approved.

Lynne made a motion to allow the SEK Solid Waste Operating Authority (which consisted of 9 counties) to transfer a $6,558.22 C.D. to the SEK Regional Planning Commission general fund, Jeff seconded and all approved.

Jody Hoener with Pathways Bourbon County, Frank Halsey, Penny Barnes and Shane Walker met with the Commissioners regarding a walking trail. They want to build a walking trail approximately 1.8 miles long and approximately 5’ wide. The walking trail would start at the Laroche Ballpark and go to 23rd Street. Frank suggested that the businesses near the trail may create a “adopt a trail program” in order to mow and keep up the trail. It was suggested that the property owners donate the land that the trail will be on to the County and the walking trail would fall on the County insurance. They want the County to donate XYZ for the trail and spray the trail.

The Commissioners signed the Emergency Action Plan regarding the Fort Scott Lake; the plan lists what would happen if there was a major leak at the lake.

Lynne made a motion to go into a 5 minute executive session for attorney client privilege with possible litigation, Jeff seconded and all approved, (the session included the Commissioners and Justin Meeks). After the session, Lynne made a motion to allow an attorney to contact a County employee and to allow the employee to talk with the attorney about a criminal matter if the employee chooses to, Nick seconded and all approved.

Nick made a motion to go into a 7 minute executive session for non-elected personnel to protect their privacy, Jeff seconded and all approved, (the session included the Commissioners, Justin Meeks and Kendell Mason). No action was taken.

Justin Meeks said that Larry Gazaway with the City of Fort Scott approached him about changing the 30% requirement of food sales for breweries in the County. Justin said that currently in Bourbon County for every $1 sold, 30% of that $1 sale needs to be from food. The County Commissioners could request that the it be placed on the November 2018 ballot to remove the 30% food sales requirement or the ones that want to eliminate the 30% requirement petition to have this placed on the ballot; the Commissioners said that if they want it on the ballot, then they need to petition to place it on the ballot.

Nick made a motion that the 3 Commissioners attend a department head meeting to discuss the employee handbook on April 4th, 2018 from 10-12, Jeff seconded and all approved. Justin will notify the department heads of the meeting.

At 4:04, Lynne made a motion to adjourn, Jeff seconded and all approved.

                                        THE BOARD OF COMMISSIONERS

                                        OF BOURBON COUNTY, KANSAS

                                        Lynne Oharah, Chairman

                                        Jeff Fischer, Commissioner

                                        Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

03/20/2018 Approved Date

 

March 6, 2018                                                 Tuesday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners and the County Counselor present.

Nancy Van Etten was also present for the meeting.

Mark and Annette Bohlken and Mr. Howard met with Jim Harris and the Commissioners with concerns on the bridge condition reports for the bridge on Calvary Road; Mr. Howard asked if Jeff had viewed the bridge.

Jim Harris plans to meet with KDOT to see if the classification has changed from RS to OS to determine if State matching funding is available.

Road & Bridge will be patching potholes near 245th & Indian.

A letter was presented to Jim Harris requesting the withholding of herbicide application near a residence.

Carla Nemecek with the Southwind Extension Office met with the Commissioners; she discussed their staff, Southwind Extension office activities, horticulture, livestock judging.   She said that the Southwind Extension district is to expand to include Woodson County effective July 1, 2018.

Lynne made a motion to allow the Commissioners to attend a Road & Bridge safety meeting and lunch on March 7, 2018, Nick seconded and all approved.   Justin Meeks also plans on attending the meeting.

Jim Harris was asked to view a bridge at 110th & Range Road.

Jim Harris presented the following transfer requests; $24,790 from Road & Bridge to Special Machinery, $27,126.00 from Road & Bridge to Noxious Weed and $66,421.00 from Bridge & Culvert to Special Road Machinery. Nick made a motion to approve the transfer requests, Lynne seconded and all approved.  Jim Harris and all of the Commissioners signed the transfer requests.

The Commissioners and Justin Meeks discussed the Opioid Crisis; Justin said that the contingency fee is 33 1/3% for the attorneys that met with the Commissioners on February 27th, 2018 who offered to represent Bourbon County regarding the Opioid Crisis. Justin said he would attend an Opioid presentation that will be done in Montgomery County and will report back to the Commissioners after the presentation. NACO suggested that Counties have data to support the need to participate in the Opioid lawsuits.

There needs to be a boiler inspection done at the new jail site; Nick will talk to Dave Bruner to get the inspection done.

Justin Meeks presented a conservation easement to the Commissioners that needed signed; Jeff moved to approve the conservation easement, Nick seconded and all approved signing it.

Nick made a motion to adopt the no smoking policy letter to be sent out the employees, Jeff seconded and all approved. Justin will email the letter to the employees.

Justin Meeks discussed the zoning in the County.

Lynne made a motion to go into a 7 minute executive session for non-elected personnel to protect their privacy, Jeff seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

There was a brief discussion regarding the tax lid and the legislative update that was held on March 3rd.

The Commissioners adjourned for lunch.

The Bourbon County Attorney, Jacqie Spradling, met with the Commissioners to discuss the contract with the Juvenile Detention Center. The contract between Bourbon County and the Juvenile Detention Center is from 1992; the County can get out of this contract as early as July of 2018. Jacqie said that there have been legislative changes made regarding housing juveniles. Currently Bourbon County pays $10,029 monthly to SEK Regional Juvenile Detention Center, but it is anticipated that the demand to house juveniles will decline. Lynne made a motion that Justin move forward with evaluating the option to terminate the contract with the Juvenile Detention Center, Nick seconded and all approved.

Justin Meeks briefly discussed the Countywide NRP program and the County handbook timeline.

Appraiser, Clint Anderson, said that the valuation notices will be sent out soon; he said there were some changes due to the 2017 soil maps.

Lynne made a motion to go into a 15 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Nick seconded and all approved.

At 4:13, Lynne made a motion to adjourn, Nick seconded and all approved.

                                                 

                                                 THE BOARD OF COMMISSIONERS

                                                  OF BOURBON COUNTY, KANSAS

                                                  Lynne Oharah, Chairman

                                                 Jeff Fischer, Commissioner

                                                  Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

03/13/2018, Approved Date

 

February 27, 2018                                Tuesday 9:00 am

The Bourbon County Commission met with all three Commissioners, the County Clerk and the County Counselor present.

Tammy Helm with the Fort Scott Tribune was also present until lunch as well as Nancy Van Etten (until lunch) and State Representative Trevor Jacobs.

Jim Harris said there are two asphalt trailers for sale on Purple Wave; he felt that they could be purchased for less than $15,000 each to haul oil in. He said the County currently pays $1,000/per trip for freight fees for oil. He felt the trailer could save the County $15,000-$20,000 a year in freight charges. The Commissioners plan to discuss this again on March 6th. Jim said he would provide the Commissioners with a list of equipment that he felt the County would need to purchase this year. Jim later reported that in 2017 the County purchased 16 loads of oil, costing $16,000 for freight charges.

Lynne made a motion to approve a permit for a natural gas line for Atmos Energy (a new service line) in the County right-of-way near 165th & Maple Road, Nick seconded and all approved and signed the permit.

Lynne said the County has been mowing the ditches during the winter time, he said the right-of-ways have been neglected and the County is now trying to catch up.

Jim Harris reported that a low water crossing at 240th south of Eagle had collapsed. He said the road is currently closed for some time; he estimated it to cost $40,000 to replace it. He said they are doing a hydraulic study and will advise the Commissioners. Jeff said he would like to see the history of the inspection reports for this bridge to see if the bridge issue could have been identified earlier to limit risk and to see if there was anything that could have been done to prevent this failure.  Jim later reported that the bridge was not on the inventory list. There was a brief discussion over the bridge at 215th & Wagon Road; Trevor Jacobs said that in 2018 the County could use $130,000 from the Federal Funds Exchange and $97,000 from State funds.

Darrell George met with the Commissioners; he had requested gravel for a road North of Uniontown on 75th just north of the blacktop; Lynne said he had viewed maps from 1921, 1936 and 1940, Lynne said the 1936 map doesn’t show this as a County road, he said the County doesn’t have the right of way on this road, therefore it is not a road. Mr. George said that previously the County allowed him to get rock from the County quarry to put on this road; he said it wasn’t easy, but previously they could get rock for the road. He said that school buses and mail trucks have previously used the road. Justin Meeks said it appears it was never a road. Mr. George asked if he bought the rock, would the County haul it; Lynne said that the County could not legally do this. It was suggested that he do a petition to make this a road by petition, Mr. George said he wasn’t sure if he wanted to do that.   Mr. George said if his property was sold, a neighboring property could be landlocked, Justin said there would be an easement for that property owner. Mr. George reported that there is running water causing an erosion problem at 77th Terrace and Poplar Road. He also said there is a drainage issue ½ mile south of the schoolhouse at 75th & Poplar Road; Jim said he would view the drainage issues.

Bill Martin arrived at the Commission meeting.

Lynne reported that T&C Wildlife has been doing work on their property and had lowered the water level on a bridge, showing some erosion on the bridge, which the County is repairing.

Justin Meeks said he will be meeting with a legislature to discuss the Kansas property tax lid. Justin said that a department wanted to and did give additional pay to their employees for retention; Justin said he felt that once a budget is approved by the Commissioners; then the department head has the discretion to spend. Justin said another department currently gives a service award based on years of service.

Justin Meeks presented an email from Kansas Land Trust for a conservation easement located at Unique Road and 69 highway; he said they were asking for zoning regulations, Justin said he would write a letter regarding the County not having any zoning regulations.

Justin Meeks said that Travis Sawyer wants to open up a car dealership near 230th & Poplar Road; the State of Kansas requires that the dealership fill out an application, on the application the State questions County zoning; Justin said the form would be filled out stating there is no zoning, with Kendell signing and the County seal on it.

Justin Meeks said he is still working on a County-wide NRP program; he presented to the Commissioners documents regarding the County-wide economic development program that Montgomery County is doing. Justin said there is a local business that will be expanding its warehouse space; Lynne made a motion to give Justin permission to move forward with incentives for this expansion, Jeff seconded and all approved.

Justin said he felt there should be a County-wide economic development program. Nancy Van Etten questioned if the State was doing anything to help the County regarding economic development; Justin said yes they do.

Lynne said there is a legislative forum at 10:30 on March 3rd at Mercy Hospital.

Trevor Jacobs left the meeting.

Attorneys from Kansas City, Brian Madden, Peter Goss and Mike Fleming met with the Commissioners regarding the Opioid crisis. They have partnered up to help rural communities that are suffering due to the opioid crisis. Mr. Madden gave a brief presentation; he said in 2016 in Bourbon County for every 100 people in our County there are 116 opioid prescriptions written. He said a prescription label will indicate what the drug will help, but that it can be legally prescribed for other treatments; he said it is illegal for drug companies to promote off label uses. He said that between 1999 - 2013 the opioid sales and deaths have continued to increase. He said that the current street value of commonly prescribed opioids is $28/pill verses $8 for Heroin. He said that there were approximately 64,000 overdose deaths in 2016. He said that this is a triple epidemic; the first wave being prescription opioid, then Heroin and now Fentanyl. He said the white, working class, under-educated are dying from the epidemic. There was discussion over the amount of money spent marketing OxyContin. Between 1196-2001 OxyContin sales multiplied 30x. He said that evidence is insufficient to determine the effectiveness of long-term opioid therapy for improving chronic pain and function and evidence supports a dose-dependent risk for serious harms. The Oxycodone consumption between 1980-2015 has continued to rise in the USA, and in Europe the consumption has remained steady and much lower than the USA. The opiates usage in Kansas has increased tremendously in the past 10 years. The CDC estimates the total societal costs in the country in 2013 was $78.5 billion; $28.9 billion for higher health care and addiction treatment costs, $7.7 billion in criminal justice costs and $20 billion in lost productivity cost. It was reported that 142 Americans die every day from a drug overdose, overdoses kill more people than gun homicides and car crashes combined, nearly 2/3 of drug overdoses were linked to opioids like Percocet, OxyContin, Heroin and Fentanyl, in 2015 the amount of opioids prescribed in the U.S. was enough for every American to be medicated around the clock for three weeks. There was discussion over the companies producing the drugs and the possible lawsuits. The attorneys said they were interested in talking to local governments about the epidemic. There was discussion over the cigarette litigation; he said previously the cigarette industry paid the State and very little if any went to local government. The manufactures and distributors of the opioids are talking to make a settlement. If they were to file a federal case for our County, they would file it in Kansas, but the case would go to Cleveland, Ohio. They said they want to help local governments with what they’ve spent and what they will have to spend in the future. They discussed the cost to file a case for the County; they said there is no financial risk to the County, it’s a contingency fee, the only burden for the County is to get with law enforcement and find out what costs have been incurred by the County due to opioids. They said that Bourbon County is a good case due to the 116 prescriptions per 100 Bourbon County residents. The Commissioners plan to discuss this again next week.

At 11:48, Lynne made a motion to break for lunch and reconvene at 1:00, Jeff seconded and all approved.

Lynne made a motion to approve Resolution 08-18, (a smoking resolution for County property and County vehicles, Nick seconded and all approved. Justin will notify the employees of the Resolution and the enforcement of the Resolution.

Jeff made a motion to go into a 7 minute executive session for attorney client privilege with possible litigation, Nick seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

Lynne made a motion to go into a 15 minute executive session for non-elected personnel to protect their privacy, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and Kendell Mason). No action was taken.

Residents Dale & Loretta Arnold questioned the road near the Sale barn; the Commissioners will have the noxious weed spray the area.

Justin discussed the recent Visioning Committee meeting and the mills around the County.

Justin Meeks discussed a consolidation agreement (KSA 19-3619) between Fire District #4 and Fire District #3; after each of the fire districts sign the agreement it will be presented to the Commissioners for their approval.

All three Commissioners will attend a Southeast Kansas Regional Meeting in Miami County on April 5th.

Lynne made a motion to go into a 5 minute executive session for non-elected personnel to protect their privacy, Jeff seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

Jeff made a motion to allow the Commissioners to attend an interview with Fox news on March 1st concerning the fiber project, Lynne seconded and all approved.

At 3:38, Lynne made a motion to adjourn, Jeff seconded and all approved.

                                     

                                      THE BOARD OF COMMISSIONERS

                                        OF BOURBON COUNTY, KANSAS

                                        Lynne Oharah, Chairman

                                       Jeff Fischer, Commissioner

                                       Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

03/13/2018, Approved Date

 

 

February 20, 2018                                          Tuesday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners, the County Counselor Justin Meeks and the County Clerk present.

Jason Silvers with the Fort Scott Tribune was also present until lunch.

Jim Harris and Jerad Heckman from Road & Bridge were also present to discuss Road & Bridge issues.

Jim presented a new driveway culvert for Michael Vanzant at 625 Maple Road, Lynne made a motion to
approve the driveway culvert permit, Nick seconded and all approved.

Jim Harris presented an application from AT&T to install a dig pit, (splicing station) at 255th & Locust Road, Lynne made a motion to approve the application for AT&T, Nick seconded and all approved.

Jim Harris said that the Commissioners had previously approved selling the blue Sterling truck on Purple Wave; he said that the Sterling truck and a trailer have a combined bank note and there is still a debt owed of $14,157 on the truck and trailer, Jim recommended that the note be paid off and the truck be
sold and that the County keep the trailer. The Commissioners want to wait to make a decision on the Sterling until they know
actual ending 2017 balances.

Lynne made a motion to go into a 5 minute executive session for non-elected personnel to protect their privacy, Nick seconded and all approved, (the session included the Commissioners and Justin Meeks).  No action was taken.

Lynne said that he and Jim Harris had viewed an area at 75th & Maple road at the Uniontown High School; it was
requested that the County provide jaw rock in a pit with 2” rock over the top. Lynne said that most of this area
was in the County right of way; Jeff made a motion to allow the County to haul and provide the jaw rock and 2” rock, Nick seconded and all approved.

Justin Meeks presented a waiver and release from liability between Bourbon County and Drywood Township
(that was signed by the Drywood Township Trustee, Darrell Bloomfield) for the County to store equipment (fuel tank) at the Garland Community Center; Lynne signed the waiver and release form.

Jim presented a project estimate from Norm Bowers with KAC; the project estimate compared the cost of doing road work in house verses’ contracting the work out, it was reported that some of the services cost twice as much to contract out
verses doing the work in house.

The Commissioners and Justin Meeks reviewed the end of month January 2018 reports; Lynne made a motion to allow Justin to discuss the budgeting process for
receipting with auditor Terry Sercer, Jeff seconded and all approved.

Jim Harris reported that the County had the chip spreader machine back. Previously the chip spreader was working on a
slick surface and slid off of the road; Jim said that there will be a truck ahead and behind the chip spreader with chains to keep the machine from sliding off of the road.

The Commissioners and Jim compared the hauling capacity between a dump truck and a belly dump trailer.

Jim said the County rented a dozer and have been using it to remove the overburden at the County quarry sites.

Jim Harris reported that the City of Fort Scott will not loan the County their paver this year.

Nick asked Jim to provide the cost to do one mile of gravel road, (for labor, grader, rock, etc.). Nick said someone
questioned why the County gravel trucks are using the gravel roads leaving the Beth Quarry instead of the paved roads; Lynne said they do that because of the cost of a paved road verses a gravel road.  Jim said the road that Nick is referring to is Soldier Road; he said he was instructed to use the gravel road instead of the paved road.

Justin Meeks said there was a 2nd petition submitted regarding a fire district; he said he sent letters on February 16th to the second petition submitters explaining the process and the statutory language regarding the petition process. He said the
petition submitters were not represented by council.

Justin Meeks, Nick Ruhl, Clint Anderson and Kendell Mason will meet with the Visioning Committee members John Garrison, Rhonda Dunn and Rachel Pruitt on February 21st at 10:30 in the Commission room. Nick and Justin will also meet with the Visioning Committee again at 3:30.

Lynne made a motion to go into a 15 minute executive session for attorney client privilege with possible litigation, Nick
seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

Justin Meeks discussed a possible neighborhood revitalization program (NRP) in the County; currently the City of Fort Scott has a NRP program. Justin said he had a call from someone that
is interested in a NRP program in the County.  A NRP program would rebate a portion of increased taxes due to a
qualifying remodeling or building project for a certain number of years. He mentioned possibly having a 5 year refund
NRP program for residential, 10 year refund NRP program for commercial and a 5 year refund NRP program for agricultural. 
The NRP is an application process in the City of Fort Scott that is administered in the Appraisers office. Justin suggested that the County have a public hearing inviting the different entities
in the County that an NRP would affect. The Commissioners will discuss a County NRP program again at 11:15 on February 27th.

Justin Meeks said he would be in contact with Craw-Kan regarding them leasing a pod in the old jail to store equipment.

Lynne presented the other Commissioners with a code of ethical conduct for County Commissioners from KAC.

At 11:33, Jeff made a motion to break for lunch and reconvene at 1:00, Nick seconded and all approved.

Jim Harris and Jerad Heckman met with the Commissioners; Jim questioned what the County should do regarding the paver for the County since the City will not loan the County theirs this year; no decision was made on this. Jeff said he found it interesting that the City asked the County to provide gravel, the use of the broom etc. for the airport.

Bobby Reed, Bill Martin, Jerad Heckman and Jim Harris met with Justin Meeks and the Commissioners regarding a smoking policy.  Bobby said he uses tobacco as an incentive for inmates and said that E-cigs are allowed in the Correctional facility, he said the inmates when they are on work crews are allowed smoke breaks. Bobby said that the inmate’s cigarettes are
not paid for with taxpayer’s money. There was discussion over making the County facilities smoke free but not chew free, Bill said if banning cigarettes then they need to ban tobacco too. Bill said he had his own policy regarding tobacco for his departments. Bobby questioned who would enforce a no
smoking policy; Justin said the staff would have to help enforce the policy. Nick said he had brought up the County
smoking/chewing policy in County vehicles; Bill said he doesn’t allow smoking in vehicles, but does allow chewing tobacco in the cars. Jim Harris said that for Public Works, they
need a no smoking policy in the equipment/vehicles. The Commissioners asked that Justin prepare a
Resolution for adoption on February 27th, for no smoking, (including Vapor, cigarettes and E-cigs) for the County vehicles and equipment, the buildings are already smoke free.

Jeff is participating in a walk through at the new jail at 10:00 am on February 21st.

Lynne made a motion to give Justin permission to talk to Bobby Reed regarding a budgeting issue, Nick seconded and all approved.

Bobby said he had a disconnect notice for the electric service at the new jail; he questioned if the prior bill had been paid, Kendell informed him that the bill was paid on February 16th, she told him the bills need to be in her office 5 business days before the pay out day (the 5 business day rule has been
in effect for more than 10 years) and said the bills are paid on the same days as payroll. Bobby questioned how the
Sheriff and the Correctional Center would get their bills to the Courthouse tobe paid once they move to the new facility; Kendell said the original bills need to be in her office 5 business days before the pay date.

Jeff made a motion to go into a 10 minute executive session for non-elected personnel to protect their privacy, Nick seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

Lynne made a motion to go into a 30 minute executive session for attorney client privilege with possible litigation, Nick seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

The Commissioners, Justin Meeks and Clint Anderson discussed the values of property in the County verses property within the 3 mile radius of the City of Fort Scott.

At 3:43, Lynne made a motion to adjourn, Jeff seconded and all approved.

 

                                          THE BOARD OF COMMISSIONERS

                                             OF BOURBON COUNTY, KANSAS

                                          (ss) Lynne Oharah, Chairman

                                          (ss) Jeff Fischer, Commissioner

                                          (ss) Nick RUhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

02/27/2018, Approved Date

 

                                                 

 

February 13, 2018                                          Tuesday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners,
Justin Meeks and the County Clerk present.

Tammy Helm with the Fort Scott Tribune was also present until lunch.

Annette Bohlken met with Jim Harris and the Commissioners; she questioned which bridge
the Commissioners were referring to closing in Drywood Township, the bridge on
250th or the metal bridge south of Calvary, the Commissioners said it was the metal bridge south of Calvary Road.  She questioned what plan the Commissioners had if they closed the bridge
regarding what the access roads would be to 69 highway; the Commissioners said at this time they didn’t have a plan. Lynne said there was no timeline on when the bridge would be closed, but
said it would be closed when the inspector says to close it; Jim said that
unless something changes, the bridge will be closed. The Commissioners said that it could be years
before the access roads are closed to 69 highway.

Lynne discussed a KAC legislative update and said they are setting up a task force to address
roads in rural districts.

Jim Harris presented the 2018 Federal Funds available for Bourbon County;
there is $130,442.31 available less a 25% administrative fee leaving a balance
of $97,831.73. Jim said he questioned if the County could borrow from future funds or if the County could have access to unused funds by other Counties; he said at this point, this wasn’t an option.

Jeff Fischer discussed the City/County sharing equipment; he said there are projects
that need to be done that the two entities could possibly share equipment.

Lynne made a motion to go into a 10 minute executive session for attorney client
privilege, Jeff seconded and all approved, (the session included the Commissioners,
Jim Harris and Justin Meeks). After the session, Jim requested that the Commissioners approve the agreement between Bourbon County and Steve and Deborah Shepard for a quarry at 125th
& Sycamore; Jeff made a motion to proceed and sign the agreement to open a rock quarry at 125th & Sycamore on Steve & Deborah Shepard’s property, Nick seconded and all approved, Lynne signed the agreement. This is a 20 year lease for approximately 40 acres.

Jim Harris said KCAMP will present a safety meeting on February 21st at
11:00 am at the County barn; Lynne made a motion that all of the Commissioners
may attend the safety meeting, Jeff seconded and all approved.

Jeff questioned what the pothole patching policy was; Jim said they do patching when
the staff is available to do the patching.

Lynne asked permission to meet with Joe George, he said the Uniontown Ruritan is
working on a fishing pond at 75th & Maple Road and they have asked for riff raft to fill an area there on both the City and County right of way; Nick made a motion to allow Lynne to meet to discuss this, Lynne seconded and all approved.

Lynne asked permission for him and Jim to meet with Gale George concerning a road
North of 54 highway between Osage & Poplar on 75th, Jeff made motion to allow them to meet with Gale George, Nick seconded and all approved.

Lynne made a motion to go into a 5 minute executive session for contract
negotiations, Jeff seconded and all approved, (the session included the
Commissioners, Shane Walker, Justin Meeks and Rachel Pruitt). No action was taken.

Craw-Kan employees Craig Wilbert, Zach Adams and Bob Guilfoyle, Rachel Pruitt with the City
of Fort Scott, Barry Rice with RTS and Casey Russell with Kan-Ran met with the
Commissioners to discuss fiber. Casey Russell said that in late 2010 they began
what they called a cyber task force, he said they met and discussed higher
speed internet and cost effective connectivity.  He said these discussions branched out to getting fiber. He said they held public forums and from those forums there were 3 main factors that were discussed; cost, business service offerings and that residential customers felt that the service lagged
behind. He said that the County, City, College and RTS formed connections with potential incumbent providers for solutions. He said they talked to a number of providers to explore what services are out there and what it would take to get their service in our community. 
He said they knew that the new jail would need connected to the Courthouse, they knew high speed fiber would be needed at the dispatch and that Craw-Kan was building closer to our community. 
He said they talked about having a municipal fiber network, talked about
a blended model which is a utility that is built that is only offered to institutions
(Counties, City’s and School’s) and discussed a community anchored institution
where they pool and share resources, (he said when the ground is opened they
could put the fiber in and build as they go making it cost effective). He said the policies could be built when the time comes to share with private companies and share the resources in the
ground. Craig Wilbert said that they have talked to communities and they all have the same issues with internet and have all demonstrated the need for fiber. 
Craig said that Craw-Kan is a member owned utility company and that
their goal is to move towards 100% fiber.  He said that Craw-Kan has a growing customer base. The fiber will be 100% buried and will be affordable. Craig said that Craw-Kan has
three independent providers and are community providers that look at the whole town, (residential and businesses). Craw-Kan said that the fiber can be an economic development for our
community. Bob Guilfoyle presented a map of where the fiber has been installed and where they plan to install it in 2018. Bob said they have installed 20 miles of fiber between Hiattville and Fulton as well as from the Courthouse to the new jail. He said they are now working
on 23rd street in Fort Scott.  In 2018 they plan to do the industrial park, the golf course and
downtown Fort Scott and will have some residential customers. They said that the demand
will drive the service in the area and the demand will drive the market. He said that potential Craw-Kan customers can visit ckt.net. Zach Adams said that fiber is built in a ring configuration and that Craw-Kan offers local technical support. Zach said that Craw-Kan would like to do a local survey regarding current service and needs of the community. Bobby said that their fiber
is better than Google fiber. Craw-Kan offers community support, helps local charities, joins activities, joins boards and become members of the community.  Craig said that currently Craw-Kan has 10,000 total customers and said that Craw-Kan has the capability of providing the needed capacity. Rachel Pruitt also felt that fiber would have an impact on our community and said that we may have an airport industrial park. Casey said that fiber allows people to work remotely and that fiber may help recruit companies. Craw-Kan would like to lease the G-pod in the old jail to locate equipment (beginning after the jail is vacated and the lease ending on March 1, 2043 with a possible extension at that point). Justin Meeks presented a preliminary draft contract between the County and Craw-Kan for the possible lease; Craw-Kan will review the lease.

Rachel Pruitt with the City of Fort Scott requested a letter of support from the County for Flint
Hills Holding, (Flint Hills Holding is trying to obtain funding to remodel the Union Block building on Main Street for a rental housing development). This is a $5.5 million project. Lynne made a motion to sign the letter of support for Flint Hills Holding, Nick seconded and all approved and signed the letter.

At noon, Lynne made a motion to break for lunch and reconvene at 1:00, Nick seconded and
all approved. Jason Silvers with the Fort Scott Tribune arrived at the meeting.

Shane Walker met with the Commissioners; he said the Pathways Trail is building a
bike/walking trail from the LaRoche Ballpark to 23rd street. He asked if the County would haul &
donate Xyz gravel for the project. The Commissioners asked Shane to calculate how much Xyz they need for the project.

Lynne said that the City of Bronson previously requested that the County chip &
seal roads in the City of Bronson which the City of Bronson will reimburse the
County for. They would like this project done in 2018.

Nancy Maze wrote to the Commissioners that she was disappointed that 195th
was removed from the road project list in 2018. She also said that the road near the spillway at the Fort Scott Lake needed repairs; the County will review if this part of the road is the responsibility of the City or County.

Bill Martin, Bobby Reed, Ben Cole and Lora Holdridge met with Justin Meeks and the
Commissioners; Justin said he had researched the Attorney General’s opinion
regarding funding mechanisms. Justin said that one elected official is currently giving bonuses and one other elected official wants to give retention bonuses. Justin said that the Treasurers office
generates money outside the control of the Commissioners and that she has given
some of that money out as an incentive bonus. Justin said that there are
certain things that the Commissioners have control over. He said the parameters are set by the
Commissioners and that the elected officials have to stay within the parameters. Justin said that the A.G. opinion is that funds can only be used for certain items. Justin said he wants to research what the legislature’s intent was when creating the budget cap.  Bill Martin questioned who has the authority in the elected official’s office to set the rate. Justin said the A.G.’s opinion is that if a pay plan is established, then they couldn’t give bonuses out. Bill said that the jail/sheriff’s
office have to provide 24 hour service, he said that he understands to watch
the spending but that when preparing their budget they can’t predict what the
costs of some items will be. Lynne gave Justin permission to pursue a conversation regarding the Attorney General’s opinion and meet with Bill to question where he wants to pay the retention
bonuses out of, Jeff seconded and all approved.  Bill questioned the difference between a pay plan and a pay rate. Kendell questioned the Commissioners whether
the retention bonuses that the Sheriff is wanting paid out should be paid; the
Commissioners said to wait to see what Justin finds out.

Bobby Reed requested that when the jail moves to the new facility that there are 2
parking spaces on the north side of the building reserved for the correctional
center vans.

Justin Meeks discussed two petitions that the County recently received from residents
living in Scott and Drywood Township regarding the fire district. The signed petition from the Garland area
stated that they “petition the township board of Drywood Township to pass a
resolution approving the creation of Scott Township Fire District #5 with the
expanded boundaries to include all of the current Garland Fire District with
the exception of the area north of Grand”. 
The signed petition from the Scott area stated “petition the township
board of Scott Township to pass a resolution approving the creation of Scott
Township Fire District #5 with the expanded boundaries to include the area in
Scott Township covered by Garland Fire Department. The boundary for this area is as follows,
starting on U.S. 69 and Hackberry then East 2 miles to 240th then
North on 240th to Juniper then East to State line, then South to Grand,
then West on Grand to U.S. 69, then back North on U.S. 69 to Hackberry”. Justin
said that the petition circulators had not retained an attorney and that the
County can not accept the petitions. 
Justin said that there are statutes that need to be followed regarding
the petition process.   Justin said he
wrote letters to one township’s petition circulators and will write a letter to
the other township petition circulators notifying them of the petition process. There was discussion over what statute the
fire district falls under.

Jeff
made a motion to go into a 7 minute executive session for public safety, Nick
seconded and all approved, (the session included the Commissioners and Justin
Meeks). No action was taken.

Rodney
Beckham a resident of 2350 45th Road in Bronson, met with the
Commissioners; he said he went through the process to close a road in 2004, he
said that someone else has purchased a property that uses an easement on his
property to get to their property, he said the other party will not keep the
gate locked or closed and they don’t want the cameras up that he has
installed. Justin said that this issue
falls under a constructive easement and that you can’t land lock someone. It was suggested that he contact an attorney.

Justin
Meeks gave the Interlocal Juvenile Detention Center Agreement to the
Commissioners for review. He said this
was originally signed in 1992, Justin said there is a way for the County to get
out of this contract by giving them a written notice by July. Justin said we are currently spending
approximately $10,000/month to the Juvenile
Detention Center,
but are only housing a few juveniles a month. 
The Commissioners and County Attorney Jacqie Spradling will discuss the
contract for the Juvenile Detention Center at a later date.

Lynne
made a motion to go into a 5 minute executive session for non-elected personnel
to protect their privacy, Jeff seconded and all approved, (the session included
the Commissioners, Justin Meeks and Kendell Mason). No action was taken.

Lynne
made a motion to go into a 5 minute executive session for attorney client
privilege with possible litigation, Nick seconded and all approved, (the
session included the Commissioners and Justin Meeks). No action was taken.

Steve
Hill met with the Commissioners; he questioned a recent article in the Tribune
that discussed the proposed road plan in 2018.

Lynne
made a motion give Nick permission to work with any outside entities regarding
the visioning committee, Jeff seconded and all approved,

At 3:52,
Lynne made a motion to adjourn, Nick seconded and all approved.

                                       

                                       THE BOARD OF COMMISSIONERS

                                        OF BOURBON COUNTY, KANSAS

                                        (ss) Lynne Oharah, Chairman

                                        (ss) Jeff Fischer, Commissioner

                                        (ss) Nick Ruhl, Commissioner

ATTEST:

(ss) Kendell Mason, Bourbon County Clerk

02/20/2018, Approved Date

 

 

February 6, 2018                                  Tuesday 9:00 am

The Bourbon County Commission met in open session with Commissioner Ruhl and Oharah present (Jeff was present by telephone); Justin Meeks and the County Clerk were also present.

Tammy Helm with the Fort Scott Tribune and Nancy Van Etten were also present.

Jim Harris and Nate Taylor met with the Commissioners, (resident Larry Howard was also present for this discussion); the Commissioners and Jim Harris previously held a work session to discuss roads in the County, Jim presented cost estimates to do the following roads in 2018 ; 1 mile of 2” of overlay on 230th, 1 mile of 2” of overlay on Noble Road, 1 mile of chip and seal on 190th, a 1” leveling course on Maple Road for 5 miles and 2” of overlay for 1 ¼ miles on Eagle Road. Nick made a motion to accept the proposed roads for the 2018 road program, Jeff seconded and all approved.

There was a brief discussion over the Phoenix Coal Company and the road that was closed in that area; the Commissioners asked Jim to review what the status was regarding Phoenix Coal Company.

Justin Meeks discussed the waiver and release between Bourbon County and Drywood Township; Justin said that the County wants to store a gas tank and a mower at the Garland Community Center, Jim will take the documents to the Drywood Township for signatures.

Justin briefly discussed two bridges in the County (one on 235th South of Fulton and one on Jayhawk Road) that will each cost approximately $1 million to repair or replace; Justin said that there is no Federal or State funding available for the cost of repairing or replacing the bridges. There was a brief discussion over putting on the ballot for the voters to decide if the bridges should be repaired or replaced or shut down, (no decision was made on the two bridges). Lynne suggested that Jim identify the location of the abandoned metal bridges in the County and the possibility of selling those metal bridges.

There was a brief discussion over the change in percentage for the administrative fee charged for Federal Funding; this fee recently increased dramatically. Nancy Van Etten questioned if the State was doing anything to help the Counties regarding the increase in the administrative fee; Lynne said he didn’t feel they were helping. Nancy said she would question the Legislatures on what projects the State helps fund at a County level. Lynne said he wouldn’t raise sales taxes in the County and felt that we were taxed out.

Lynne made a motion to go into a 20 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney client relationship, Jeff seconded and all approved, (the session included the Commissioners, Jim Harris and Justin Meeks). No action was taken.

The Commissioners again discussed the bridge South of Fulton; they said it would cost $310,000 for the permits and $660,000 to replace the bridge. There are parts of the bridge that could have phased in repairs, but Lynne felt eventually the bridge would need to be replaced. Jim Harris suggested that the bridge either be left or torn down (for approximately $300,000) and that a bridge crossing is built instead.

Jeff Fischer complimented the work that the Road & Bridge crew did on clearing the roads in the recent bad weather.

The Commissioners held a public hearing to discuss a possible 4th quarry site in Bourbon County, Tammy Helm, Richard Womelsdorf, Jerad Heckman, Jim Harris, Nate Taylor, Nancy Van Etten, Justin Meeks and the Commissioners were present for the hearing; Justin said that the Commissioners are wanting to put a 4th quarry site in the Northwest corner of the County. Justin said that the County wants to be a good neighbor to the property owners near the proposed quarry. He said that they have collected the data on dust and seismic events at a quarry and will continue to monitor the dust and seismic events. Justin said he felt that the contract is between the landowner of the quarry site and the County, but said in January he sent letters to the landowners within a ½ mile radius of the potential quarry informing them of the possible quarry site. Justin said that the quarries in the County typically blast one time a year and crush rock for 90 days a year. Justin said that the strategic placement of the quarries will save money by having the quarry located close to where the rock is needed. Justin said he believes that legally the County is not creating a public nuisance by opening a quarry. Justin said that he heard back from 2 individual landowners in the area of the quarry that do not want a quarry located there. The two individuals that didn’t want the quarry are Richard Womelsdorf’s sisters, he said that they own the adjoining land and are opposed to the quarry due to the blasting and the dust from a quarry. Jim Harris said they loose a lot of time due to hauling the rock from different parts of the County. Lynne made a motion to go into a 5 minute executive session for acquisition of real property, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and Jim Harris). After the session, Nick made a motion to put on the agenda on February 13th at 9:30 am to discuss the rock quarry again, Jeff seconded and all approved.   The Commissioners previously planned to try and put a quarry on the Womelsdorf property; but the Commissioners later decided not to put a quarry there. Richard Womelsdorf questioned why the County didn’t have a public hearing when they considered opening a quarry on the Womelsdorf property; the Commissioners said they didn’t have to, but are trying to do things differently this time and be a good neighbor. Justin said he would contact the 2 opposing landowners regarding the quarry.

The Commissioners held a jail progress update meeting; present for the meeting were the Commissioners, Justin Meeks, Tammy Helm, Gary Walker and Paige Cannady with Universal Construction, Kevin Rost with Goldberg Group Architects, Bobby Reed and Bill Martin. Kevin said that the kitchen is close to being ready. Gary said something is being fabricated to address an issue with a smoke detector in the kitchen. A stainless steel table for the jail had a hole drilled in it; Kevin and Gary said they would try to find out which contractor damaged the table. Kevin said that there are still things to be done (fastening down items, installing a few monitors and fans), but the majority of the work is done. Nick Ruhl, Bill Martin and Bobby Reed will meet with Universal and Goldberg on February 20th to do a final walk through at the new jail. It was suggested to have a pre-walk through to identify any items that are not completed. A damaged mixer was delivered to the jail in September that was purchased from Cooks, Bobby said this was brought to Universal’s attention then, and now is still not fixed. The mixer was supposed to have been taken and fixed, but is still damaged. Bobby said he emailed Cooks regarding the damaged mixer, he said he told them we were not paying for the mixer and that they needed to get the damaged mixer and send a new one, but said he hadn’t got a response from the company yet. Bobby questioned a few items that weren’t completed; he said that Shane Walker said he would have about a week to two weeks to do computer work at the jail after the furniture is set. Bill Martin said the delay in the project is no fault of the Sheriff’s office.

At 12:15, Nick made a motion to break for lunch and reconvene at 1:30, Jeff seconded and all approved.

Lynne made a motion to go into a 5 minute executive session for non-elected personnel to protect their privacy, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and Kendell Mason). No action was taken.

Lynne said he had heard that recently there was a Bourbon County resident that needed an ambulance, he said the person wanted to go to Allen County Hospital due to their medical records and their doctors being there, however; Mercy would not transport the patient to Allen County, nor would they transport the patient to Bronson for the Allen County ambulance to pick up the patient. Justin is going to ask Mercy Hospital for clarification on transporting patients.

Lora Holdridge met with the Commissioners; she presented an ad that she is placing in the Chamber Ad, Lora said after making corrections, she will email to each department the final ad.

Lynne made a motion to go into a 20 minute executive session for non-elected personnel to protect their privacy, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and Kendell Mason). No action was taken.

Bill Martin met with the Commissioners; he said his employees are asking about a retention bonus he discussed with them. The Commissioners said they were concerned about the implications for the rest of the County employees, Bill said “if that’s what it takes to retain personnel”. The Commissioners said they had no concrete view on retention bonuses. Lynne said if you do for one you do for all. Justin said the wage and salaries are approved by the Commissioners and the department heads can control their own budget once it’s approved and to an extent, Bill can spend his budget as he sees fit. Bill said he wants to keep his word and keep individuals for retention; he said he wants to give a retention bonus to all of his employees that were named in an executive session, he said he is going to take care of his people. The Commissioners said if Bill gave a retention bonus to some of his Sheriff Deputies, then the bonus, taxes and deductions will also come out of the Sheriff’s budget. Jeff said he remembered that at one time it was discussed to give one particular employee in the Sheriff’s department a retention bonus and then the next time it was several employees. Bill said he would voucher up for payment retention bonuses for some of his employees.

The Commissioners and Justin discussed the possible retention bonuses that the Sheriff is wanting to give to some of his employees; Justin said once again that once the budget is approved it’s hard for the Commissioners to control their budget. Lynne said that a department is given a budget and they expect the department to stay within their budget. Jeff made a motion to allow Bill to voucher up his planned retention bonuses and that the bonus and the taxes and fees due to the retention bonus come out of the Sheriff’s budget, Nick seconded and all approved.

Lynne made a motion to go into a 20 minute executive session for non-elected personnel to protect their privacy, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and Clint Anderson). No action was taken.

Justin Meeks said he had talked to Bobby Reed regarding the old supplies from the old jail, (beds, mats, etc.). Bobby questioned if the items could be donated to other facilities; Lynne said he didn’t care if the items were donated.

At 4:17, Nick made a motion to adjourn, Lynne seconded and all approved.

                                                 

THE BOARD OF COMMISSIONERS

                                                  OF BOURBON COUNTY, KANSAS

                                                  (ss) Lynne Oharah, Commissioner

                                                  (ss) Jeff Fischer, Commissioner

                                                  (ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

02/13/2018, Approved Date

 

January 30, 2018                                            Tuesday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners, Justin Meeks and the County Clerk present.

Tammy Helm with the Fort Scott Tribune and Nancy Van Etten were also present for a portion of the meeting.

Larry Howard met with the Commissioners; he has an interest in Eagle Road. Lynne made a motion to have a road planning work session and equipment planning meeting on Friday, February 2nd, 2018 at 9:00 am, Nick seconded and all approved.

Jim Harris presented the 2018 contract between Bourbon County and the Federal Funds Exchange Program; Jim said that KDOT was charging 15% for administrative fees out of the federal funds and now they will be charging 25% for administrative fees. Lynne questioned and asked Justin to review if KAC could do the administrative work for the Kansas Counties. Jeff suggested visiting with Norm Bowers at KAC to discuss the options regarding the percentage charged for the administrative fees as well as other possible funds available for County projects, (fracture critical bridges). There are a few fracture critical bridges in the County that will require a large sum of money to repair, there was discussion over possibly putting the repair or replacement of the two bridges on the ballot for the voters to decide the future of the bridges. Lynne made a motion to allow Jeff, Jim and Justin to meet with Norm Bowers at KAC regarding possible funding mechanisms for the two bridges, Nick seconded and all approved. Jeff made a motion to sign the document for the Federal Funds Exchange Supplemental Agreement for access to Federal Funds, Nick seconded and all approved, and signed the agreement.

Jim Harris said it was time for the biennial 2018 bridge inspection (they will inspect 138 bridges, 30 low water crossings and 2 fracture critical bridges) and analysis; he said that Schwab Eaton had agreed to do the inspections at the 2016 rates. Lynne made a motion to sign the Schwab Eaton contract for the 2018 biennial bridge inspections for $17,420.00, Nick seconded and all approved.

Jeff said he saw two mowers out mowing, one on 240th and one on Jayhawk; he said it appeared that they were mowing in ditches that had already been mowed; Jim said they were making a second pass and mowing up to the fence.

Lynne made a motion to go into a 5 minute executive session for attorney client privilege with possible litigation, Jeff seconded and all approved, (the session included the Commissioners, Justin Meeks and Jim Harris). No action was taken.

Nick made a motion to go into a 5 minute executive session for attorney client privilege with possible litigation, Jeff seconded and all approved, (the session included the Commissioners, Justin Meeks and Jim Harris). No action was taken.

Lynne made a motion to go into a 3 minute executive session for attorney client privilege with possible litigation, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and Jim Harris). No action was taken.

Nick made a motion to have a budget review meeting on Friday, February 2nd from 10:30-12:00, Jeff seconded and all approved.

Lynne reported that a contractor was working at the new jail above a stainless steel table and put a hole in the table; Bobby Reed was reporting this to Gary Walker at Universal Construction.

Nick made a motion to go into a 30 minute executive session for attorney client privilege with possible litigation, Jeff seconded and all approved, (the session included the Commissioners, Shane Walker and Justin Meeks). No action was taken.

Bill Martin and Bobby Reed met with the Commissioners; he said he previously had 3 employees that had resigned, but one had withdrawn their resignation.

Lynne made a motion to go into a 8 minute executive session for non-elected personnel to protect their privacy, Jeff seconded and all approved, (the session included the Commissioners, Justin Meeks, Bobby Reed, Bill Martin and Kendell Mason). No action was taken.

Lynne made a motion to go into a 35 minute executive session for acquisition of real property, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks, Kenny Howard with the Fort Scott Airport, Rachel Pruitt and Dave Martin with the City of Fort Scott). After the session, Nick made a motion to give Lynne the authority to meet with Justin Meeks and Rachel Pruitt regarding the Fort Scott Airport, Jeff seconded and all approved.

At 11:45, Lynne made a motion to break for lunch and reconvene at 12:45 pm, Nick seconded and all approved.

Lynne made a motion to go into a 30 minute executive session for attorney client privilege with possible litigation, Nick seconded and all approved, (the session included the Commissioners, Justin and Shane Walker). No action was taken.

Jeff made a motion to go into a 30 minute executive session for attorney client privilege with possible litigation, Lynne seconded and all approved, (the session included the Commissioners, Justin and Shane Walker). No action was taken.

Terry Wood questioned why there was a road closed sign at 245th & highway 54; the Commissioners were going to question Jim Harris about this.

Justin Meeks said he had talked to the City of Fort Scott regarding the Land Bank; he was told that the Land Bank is on hold for now, but said he had talked to the County Treasurer and she was ok with doing the tax sale on August 30th, 2018. Justin said if the Land Bank happens before the tax sale, then the tax sale will be different than it has been in the past. Justin briefly discussed the NRP program; he said the County (not cities in the County) is trying to mirror the City of Fort Scott’s NRP program for County residents. All of the Commissioners agreed that it was important to promote economic development with an NRP program. All of the taxing entities in the County would have to approve an NRP program. Jeff questioned if there should be a public hearing to discuss the NRP program; Justin said yes he felt that there should be a public meeting.

Justin discussed the opioid epidemic; he said three different legal firms had contacted him to meet with the Commissioners to discuss possible litigation regarding the opioid epidemic. The Commissioners agreed that one legal firm could make a presentation to them.

On February 6th, 2018 at 10:30 the Commissioners will hold a public hearing regarding possibly an additional rock quarry.

Justin Meeks discussed fire districts; he said he had done research regarding a fire district being unable to fulfill their duties, (lack of volunteers or not being able to operate). Justin said he had talked to the local Fire Marshall about this, but was referred to the State Fire Marshall to discuss this issue.

Lynne made a motion to go into a 7 minute executive session for non-elected personnel to protect their privacy, Jeff seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

Nick made a motion to go into a 5 minute executive session for non-elected personnel to protect their privacy, Jeff seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

Jeff made a motion to go into a 10 minute executive session for non-elected personnel to protect their privacy, Nick seconded and all approved, (the session included the Commissioners and Kendell Mason). No action was taken.

At 358, Jeff made a motion to adjourn, Nick seconded and all approved.

                                        THE BOARD OF COMMISSIONERS

                                        OF BOURBON COUNTY, KANSAS

                                        (ss) Lynne Oharah, Chairman

                                        (ss) Jeff Fischer, Commissioner

                                        (ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

02/13/2018, Approved Date

 

January 23, 2018                                            Tuesday 9:00

The Bourbon County Commission met in open session with all three Commissioners, Justin Meeks and the County Clerk present.

Jim Harris met with the Commissioners and asked for permission to sell the following on Purple Wave; a 1980 688 Case Excavator, a 2003 Chevy 1 ton sign truck, a 1985 ¾ ton Chevy and a 2004 Ford Sterling (which Jim would like to replace) with a blown engine. He said the income from selling these items could be used to purchase another truck. They have been using the Belly Dump Trailers to haul equipment; Lynne said that the Belly Dumps need to be on the road putting gravel down instead of hauling equipment.   Lynne said that the Landfill owes Special Machinery money and said with that money along with the money from Purple Wave they could purchase a truck. Jim said in 2018 he would like to reduce one dump truck and increase one belly dump truck. Jeff said he likes the idea of leasing or renting equipment; the Commissioners previously approved renting a dozer for the overburden removal at the quarries, the Commissioners suggested that they use the dozer for all possible projects while it is here. There was discussion over the bridges and low water crossings that will need maintenance that the dozer could be used for. Nick said that if 3-4 employees were hired for a bridge crew, they could replace 3 bridges a year and save money verses hiring the work out; Jim said that currently the County doesn’t have the funds to do 3 bridges a year. Lynne made a motion to give permission to put on Purple Wave the following; a 1980 688 Case Excavator, a 2003 Chevy 1 ton sign truck, a 1985 ¾ ton Chevy and a 2004 Ford Sterling, Nick seconded and all approved.

Jim said that the road by the Landfill will be closed on January 24th for a culvert installation.

Jim discussed the option of trading in the two currently owned Belly Dump Trailers plus $4,000 each for two new Belly Dump Trailers; Nick made a motion to allow Jim to trade in the two Belly Dump Trailers for $4,000 each for two new ones and pay cash, Jeff seconded and all approved.

Justin Meeks said that he had mailed letters to property owners within ½ mile of the proposed new quarry site, notifying the property owners of the possible new quarry. The Commissioners will discuss the quarry on February 6th at 10:30.

Jeff made a motion to go into a 3 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks, Jim Harris and Kendell Mason). No action was taken.

Nick made a motion that Lynne is the Commissioner Chairman in 2018 and Jeff seconded.

Bill Martin met with the Commissioners; he said he has 3 deputies that are leaving the Sheriff’s department to work for the Fort Scott Police Department; he said that Ben and he had met with the 3 employees to see why they are leaving, Bill said they weren’t leaving due to administration, but were leaving due to the retirement system being better at the Police Department, lack of personnel in the Sheriff’s department, lack of the option of advancement and promotions (not having a rank schedule), better insurance at the Police Department, Bill said the employees were thankful for the pay raises, but felt that it wouldn’t happen every year, lack of confidence in the Commissioners, the employees didn’t feel the Commissioners supported the Sheriff’s department, and salary. Bill said that he doesn’t micromanage his employees, but rather provides guidance when needed. Bill said 2 of the 3 deputies that are leaving were originally overlooked by the Police Department; he said that the Sheriff’s department gave them their career start in law enforcement. Bill said he has the resignation letters, but has not turned them into the Clerk’s office yet, since they still have time to change their mind about leaving. Bill said the employees are leaving after receiving their 120 hours of vacation for the year and will get paid for their unused vacation time; he said he is taking a hit on salaries due to paying for the unused vacation time. He said he will also now have additional overtime to cover the vacant shifts. There was a brief discussion over changing how the vacation time is earned per pay period instead of receiving it all at the beginning of the year, but no decision was made on this. Jeff said they had compared staff numbers at Allen County to Bourbon County; Bill said you can’t just compare staff, but needed to compare caseload and calls for service as well. There was discussion over employees going back and forth between the City and the County. Bill discussed the County insurance; he said an employee wanted to add a spouse that just had a baby to the insurance (not during open enrollment) and was told by the Clerk’s office he couldn’t add the spouse because it wasn’t a life changing event, the employee then didn’t add the spouse during open enrollment; Kendell questioned Bill on exactly what happened; she said if the employee didn’t do this in a timely manner then yes they wouldn’t have been able to add the baby to the insurance and yes the employee couldn’t add just the spouse if not adding the baby if it wasn’t done during open enrollment, but said yes having a baby is a qualifying event. Kendell told Bill that the employee should have added the spouse during open enrollment in October for the following January (which all employees received a packet stating that any changes, additions or deletions should be done during open enrollment (in October) for the following January coverage year), or could have added the baby to their insurance policy if they had done this within 31 days of the babies birth, per the State’s guidelines on the insurance. Bill said that the Clerk’s office had already told him no once, why should he try to enroll his spouse again. Kendell asked that Bill send the employee to the Clerk’s office to discuss what happened.

Lynne made a motion to go into a 10 minute executive session for non-elected personnel to protect their privacy, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks, Deb Schoenberger and Kendell Mason). No action was taken.

Jeff made a motion to go into a 12 minute executive session for non-elected personnel to protect their privacy, Lynne seconded and all approved; (the session included the Commissioners, Justin Meeks, Deb Schoenberger and Kendell Mason). No action was taken.

Tammy Helm with the Fort Scott Tribune arrived at the meeting for the jail progress update meeting.

Lynne made a motion to go into a 10 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Jeff seconded and all approved, (the session included the Commissioners, Justin Meeks and Gary Walker with Universal Construction). No action was taken.

At 11:54, Lynne made a motion to adjourn the Commission meeting to hold a jail progress update meeting and to reconvene at 1:30, Nick seconded and all approved.

Nick made a motion to go into a 5 minute executive session for non-elected personnel to protect their privacy, Jeff seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

Lynne made a motion to go into a 10 minute executive session for non-elected personnel to protect their privacy, Jeff seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

Donald Doherty with Northwestern Mutual met with the Commissioners. He said they looked at approximately 20 different groups. He reviewed the current County insurance policy and the rates; he said our current coverage is very good, he said the rates with the Bourbon County plan are about 5% less per employee than the average plan they looked at, he said the rates are also about 5% less per family than the average plan they looked at. He said that most employers pay between 60%-100% of the employee premium. He said some groups paid 50% of the family rate, but over 90% did not. Don said that he felt that Bourbon County has a plan with a good value; he said it is good for the employees and their families mainly because of the generous and required contribution toward the family cost. He said the County could potentially save money on the group coverage by changing how they pay toward the employee coverage, he said the County could continue to pay 100% of the employee’s policy and much less or nothing towards the family coverage. Don recommended that the County stays where we are on health insurance and said we have good coverage. He recommended that the County not change carriers in 2019. He said we are getting our best value for the dollar and said that most groups would want to join the insurance plan from the State.

Lynne made a motion to go into a 7 minute executive session for non-elected personnel to protect their privacy, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks, Patty Love and Kendell Mason). After the session, Lynne made a motion to give Patty permission to fill a vacant position in the County Treasurers office, Jeff seconded and all approved.

Justin Meeks said he and Nick Ruhl had attended a visioning committee meeting; he said the primary issue that came out of the meeting was property taxes. He discussed the County offering a Neighborhood Revitalization Program (NRP) for property out in the County. Currently the City of Fort Scott offers a Neighborhood Revitalization Program; NRP offers tax rebates for property improvements.

Lynne made a motion to go into a 10 minute executive session for non-elected personnel to protect their privacy, Jeff seconded and all approved, (the session included the Commissioners, Justin Meeks and Kendell Mason). No action was taken.

Jeff made a motion to give Lynne permission to talk to City Manager, Dave Martin about employment issues, economic development and the airport expansion, Nick seconded and all approved.

Lynne made a motion to give Justin and Jeff permission to write two letters to the AG office, one letter regarding elected officials and one letter regarding campaigning, Nick seconded and all approved.

Nick made a motion to give Jeff permission to attend a department head meeting on January 25th, Lynne seconded and all approved.

Lynne made a motion to accept from Fire District #3 the list of trustees and alternates for the Board of Trustees, for Bourbon County Fire District #3, Nick seconded and all approved.

Lynne made a motion to adopt Resolution 07-18, a Resolution which lists the positions that will be voted on during the 2018 Primary Election, Jeff seconded and all approved and signed the Resolution.

Lynne made a motion to give Nick permission to work with Kendell regarding the possible extension of the insurance for the new jail, Jeff seconded and all approved.

David Hixon met with the Commissioners; he reported that the County had been doing side trimming work and had cut his fence as well as pushed trees in the fence rows. He also reported that the ditches need cleaned at 180th & Limestone. Lynne said he would discuss these issues with Jim Harris.

Lynne made a motion to approve and sign the agreement for services with Tri-Valley for $55,000 (the 2018 annual approved appropriation amount), Nick seconded and all approved.

Nick will be attending a meeting on January 23rd for SEK Regional Juvenile Detention Center.

Lynne signed a pay application for Pauly Jail for $2,590.78.

At 4:14, Nick made a motion to adjourn, Jeff seconded and all approved.

                                      THE BOARD OF COMMISSIONERS

                                      OF BOURBON COUNTY, KANSAS

                                      (ss) Lynne Oharah, Chairman

                                      (ss) Jeff Fischer, Commissioner

                                      (ss) Nick Ruhl, Commissioner

ATTEST:

         

Kendell Mason, Bourbon County Clerk

01/30/2018, Approved Date

 

January 16, 2018                                 Tuesday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners and the County Clerk present.

Tammy Helm with the Fort Scott Tribune was also present.

Jim Harris discussed the bridge at 120th & Grand Road; he said in the past when they have contracted bridge work out it has cost $1,000/foot; the County replaced this bridge and Jim said it cost $30,000 for approximately 96 feet. The Commissioners and Jim Harris had planned on viewing the bridge today, but do to the snow they cancelled the viewing of the bridge.

Jim reported that the Road & Bridge department worked on Sunday and Monday treating and clearing the roads.

Lynne made a motion to go into a 7 minute executive session for non-elected personnel to protect their privacy, Jeff seconded and all approved, (the session included the Commissioners, Justin Meeks, Ben Cole and Kendell Mason). After the session; Nick made a motion that the Undersheriff’s $5,000 additional pay increase be calculated out to an additional $2.23/hour not a flat $5,000 annual raise, Jeff seconded and all approved. Lynne said it was their intent when giving the Undersheriff position a $5,000 annual raise was that it increased the hourly rate.

Justin Meeks said that he had compared KDOT wages to Bourbon County; Jim said KDOT pays approximately $1.00/hour more that Bourbon County, but was unsure how the benefits compared.

Lynne received a report of snow drifting at 488 & Quail Road; he reported this to Jim Harris.

Justin Meeks said that there will be a department head meeting in the future to discuss the County insurance; the County contract with the State insurance will expire December 31, 2018. 

Justin Meeks and the Commissioners discussed the longevity pay for Bourbon County employees; there was discussion over the employee turnover rate as well as discussion over keeping experienced people. Justin told the Commissioners that if the health insurance rates continue to rise and other expenses go up, the Commissioners can’t afford to do what they want to do regarding the longevity pay increase. (It had been proposed, but not adopted to change the longevity pay to possibly either $5.00 or $2.50 each paycheck times the number of years a person had been employed with Bourbon County, beginning on the 5th anniversary.) Justin said the overtime in the Correctional Center and the Sheriff’s department is crucial to the budget. No decision was made to change the current longevity rate.

Jim Harris discussed the overburden removal at the Blake Quarry; he said in the past one contractor has done the removal and has done a good job for a good price. Jim said it is time consuming to bid the work out; he said he would prefer to buy a dozer and remove the overburden themselves. Jim said it cost approximately $100,000/year to do the removal per quarry. This $100,000 is reimbursable from Federal Funds, (Lynne said that the cost of the administrative fee for Federal Funds is going from 10% to 25% and questioned if KAC could do the administrative work for less than 25%).   Jim estimated a new/used dozer would cost approximately $400,000. Jim said a dozer could also be used when working on the low water crossings. Lynne suggested that the overburden removal be put out for bid and then revisit comparing the cost of a dozer verses paying someone to do the work once the bid comes back.   Lynne and Jeff wanted to bid the work out; Nick said he would prefer to purchase a dozer and do the work themselves, he said that the amount of money spent on the overburden removal could be used for a dozer payment. It was suggested to rent a dozer for $10,000/month. Jim suggested that if they rent one, they rent one that they have the option to purchase in the future. Jim said a dozer could be rented for $10,000/month from Foley and 80% of the rent money could be used towards the purchase price if the County decided to purchase the dozer.   Lynne made a motion to give Jim permission to move forward with the renting of the dozer for the overburden removal at 2 of the quarry sites, Nick seconded and all approved.

Jim said he is considering storing salt in Uniontown to save hauling time.

Jacqie Spradling the new appointed County Attorney came to the Commission meeting to meet the Commissioners; she said they are going to make the following changes, she said they are going to try and move an inmate the same day if they are going to the Department of Corrections to save the $35/day for the housing the inmate as well as planning to start handling forfeitures.

Lora Holdridge met with the Commissioners to discuss the chamber ads in the Chamber book; she said the Chamber would do a ¼ page ad for the County for $300, (she said this ad could advertise hours & locations of the offices as well as what each department does, she suggested splitting the cost of the ad from the various departments). Lynne made a motion to allow Lora to move forward with the ¼ page Chamber ad, Nick seconded and all approved.

Lora Holdridge questioned the accumulation of the various items in the basement that are going to be sold; she asked if the County employees would be able to make an offer first before it was sold to someone else; the Commissioners said that some departments are in need of items and they would be able to get the items before it was sold and said that they may consider allowing County employees to bid first before it was sold.

Justin Meeks discussed economic development; he said he has heard that there is a business in the County that is planning on expanding. He said that the City offers Neighborhood Revitalization Program (NRP) to encourage growth and questioned if the County wanted to offer NRP, he said if the County allowed this they would have to allow the NRP for other improvements in the County as well. The NRP is an incentive program that was developed to encourage improvements to properties. The Commissioners all thought it could be a good idea to expand the NRP to the County. Justin asked for permission to meet with the various entities that would have to approve the County offering the NRP program in the County; Lynne made a motion to give Justin the authority to work with the outside groups to pursue the NRP program as well as any available Commissioner, Jeff seconded and all approved. 

Justin Meeks and Jeff Fischer recently met with 2 employees in the administrative offices in Topeka; each year the Commissioners should review and approve or not approve the annual statement from various entities, Justin said that the State doesn’t do a fine grade audit on fire districts or municipalities. He said that the editing of the ending cash balances can be done and that transfers of money can be done back and forth between the various expenses. Justin said that the Township can request that an audit be done of a fire district and the Board of Tax Appeals can pay for an audit, but the township would have to pay back the cost of the audit in 5 years. He also said that if a township wanted an audit they could circulate a petition and collect 20% of the signatures and turn the petition into the Secretary of States Office for an audit. Justin said that if anyone believes that there is any criminal activity happening they can contact the Sheriff’s department or the KBI. Lynne made a motion to give Justin the authority to contact Will Wallis and the State Fire Marshalls office to discuss safety issues regarding rural fire departments, Jeff seconded and all approved. 

Lynne made a motion to sign a letter of recommendation for Goldberg Group Architects, Jeff seconded and all approved.

The Commissioners were scheduled to have a jail progress update meeting today, however, they did not have one. Lynne said he would get a meeting scheduled for next week.

At 11:43, Lynne made a motion to break for lunch and reconvene at 1:30, Nick seconded and all approved.

Lynne made a motion to have a jail update meeting on January 23rd at 11:30 in the Commission room, Jeff seconded and all approved.

Lynne made a motion to give Justin Meeks permission to talk with both KWORCC and KCAMP to discuss any training topics available, Nick seconded and all approved.

Lynne made a motion to adopt Resolution 06-18, a wage resolution for County employees, Jeff seconded and all approved and signed the resolution. The resolution gave hourly Sheriff deputies a $1.75/hour raise, the Undersheriff position a $2.23/hour raise, the Correctional Center hourly employees a $1.50/hour raise and all other hourly employees a $.50/hour raise.

Justin Meeks discussed Elm Creek and the leak in the dam; he suggested possibly fixing the cabins and the RV sites for housing (for the hunters who are using the walk in hunting at the Lake as well as others needing lodging in the area) to generate additional income at the Lake. Jeff made a motion to give Justin the authority to evaluate the possible cabin restorations at Elm Creek Lake, Jeff seconded and all approved.

Lynne made a motion to go into a 15 minute executive session for non-elected personnel to protect their privacy, Jeff seconded and all approved, (the session included the Commissioners, Justin Meeks, Ben Cole and Bill Martin). No action was taken.

Lynne made a motion to go into a 10 minute executive session for non-elected personnel to protect their privacy, Nick seconded and all approved, (the session included the Commissioners, Jim Harris and Justin Meeks). After the session, Nick made a motion to give Jim permission to replace a Road & Bridge employee that retired in January, Jeff seconded and all approved.

Justin Meeks said he would like the Commissioners to set some policy and procedure when someone comes to his office to discuss issues; Lynne said any workplace violence or sexual harassment issues need to go to him.

Justin Meeks and the Commissioners discussed the use of the old jail. Jeff questioned if a portion of the old jail could be used as a data center. Jeff said that at some point soon they need to get into the details on what to do with the old jail. Justin said that the old jail belongs to the public and said that the County can’t compete with businesses.

Nick made a motion to allow Diehl Banwart Bolton to do the 2017 annual audit for Bourbon County for $15,595, Jeff seconded and all approved, Lynne signed the agreement.

Lynne made a motion to go into a 5 minute executive session for non-elected personnel to protect their privacy, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and Kendell Mason). No action was taken.

Lynne made a motion to go into a 10 minute executive session for non-elected personnel to protect their privacy, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and Kendell Mason). No action was taken. After the session, Jeff made a motion to give Justin and Lynne the authority to meet with a non-elected personnel, Nick seconded and all approved.

Jeff made a motion to give Justin Meeks, Lynne and Kendell permission to meet with a non-elected employee to work on an improvement plan, Nick seconded and all approved.

Lynne made a motion for Nick and Justin to attend a Visionary Committee meeting on January 17th at 3:30 and Landmark Bank, Jeff seconded and all approved.

Jeff requested permission to visit with Dave Martin regarding shared services; Lynne made a motion to give Jeff permission to meet with Dave Martin to discuss shared services, Nick seconded and all approved.

At 4:04, Lynne made a motion to adjourn, Jeff seconded and all approved.

                                      THE BOARD OF COMMISSIONERS

                                      OF BOURBON COUNTY, KANSAS

                                      (ss) Lynne Oharah, Chairman        

                                      (ss) Jeff Fischer, Commissioner

                                      (ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

01/23/2018, Approved Date

 

January 9th, 2018                                          Tuesday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners and the County Clerk present.

Tammy Helm with the Fort Scott Tribune was also present.

Foley Caterpillar representative Archie Moffet met with the Commissioners and Jim Harris; Justin Meeks said he had received and reviewed the finance paperwork for the 2 Caterpillar graders (for financing through Cat Financing with 3.2% interest) with the first payment due in June of 2019. There will be 5 annual payments of $41,998.87 for each grader. Lynne made a motion to sign the documents for financing the first grader, Jeff seconded, all approved and Lynne signed the documents. Lynne made a motion to sign the documents for the financing of the second grader, Jeff seconded, all approved and Lynne signed the documents.

A citizen that lives on Hackberry questioned the Commissioners about the airport expansion and the road that he has heard that will run in front of his property; the Commissioners and Justin Meeks said that he would need to question the City of Fort Scott regarding the airport. The Commissioners said that they were asked if they wanted to close the lake road for the airport expansion, they said not until another road was built. 

Lynne made a motion to go into a 10 minute executive session for acquisition of real property, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and Jim Harris). After the session, Nick made a motion to give Jim the authority to work with Frank Young to get the legal description of a partial of 80 acres that Steve Shepherd owns for a possible contract on fourth quarry site, Nick seconded and all approved.

On February 6th at 10:30 am; there will be a public hearing during the Commission meeting to discuss this possible quarry site; Justin Meeks is sending letters to the property owners within ½ mile of the possible quarry site to notify them of the possible quarry.

Jim Harris reported that they need to blast to remove the overburden at the Blake Quarry; he questioned if the County wanted to bid the overburden removal, he said the County doesn’t have the equipment to remove the overburden. Justin said he recommended that the job be put out for bid. Lynne said that local contractor Hubert Thomas has done a good job and probably saved the County money in the past on the overburden removal he had done. Jim said he would need to involve Frank Young for a bidding contract. Jeff said if he was given the quantity, area and thickness of the area of the overburden to be removed he could give an estimate of how much overburden there would be. Jim said he could give footage and depth if the Commissioners want Justin to do a contract. Jim said that this needs to be done in a timely manner to keep the schedule going, he said the blasters are waiting on the County. The Commissioners are going to discuss this again on January 16th.

Lynne reported that a citizen reported that Soldier Road needs graded. 

Jeff questioned Jim if he had addressed the Northeast corner of the ditch with sediment at Soldier and 235th; Jim said he had not. 

Nick made a motion to allow Hester Transportation to dump the wreaths for free from the National Cemetery again in 2018, Jeff seconded and all approved.

City Commissioner, Cheryl Adamson arrived at the meeting to observe.

Lynne said that when the petition was done to create the Garland Fire Department the petition was set up with no statutes attached to the petition, but a statute was later reported on a financial statement. Lynne made a motion to give Justin and Jeff permission to meet in Topeka on January 11th to discuss the financial aspects and get clarifications on financial issues on fire districts, Nick seconded and all approved.

Justin Meeks said that the County doesn’t have an economic development director or a tourism director, but thought the County needed one. Lynne discussed BEDCO; Justin questioned if the County would refer future or expanding businesses to BEDCO. Lynne said that perhaps the County and City should partner in order to attract businesses. The Commissioners said that they needed to figure out what organization is going to be actively pursuing business opportunities. Lynne made a motion to allow Justin to meet with city employees Larry Gazaway and Rachel Pruitt to discuss economic development, Nick seconded and all approved.

Lynne reported that the City of Redfield lost their last firefighter; he said that Fire District #3 will provide mutual aid for Redfield, but Fire District #3 can’t afford coverage if it’s always a one way street. Lynne said there are funds for the fire district, but they draw from the City funds for this. He said if the fire districts were combined, Fire District #3 could staff the Redfield Fire Department. This was discussed again later in the meeting.

Cheryl Adamson left the meeting. 

Bobby Reed, Ben Cole and Bill Martin met with the Commissioners. Ben said that Nick had requested that he meet with the Commissioners to discuss and explain the overtime in the Sheriff’s department. Ben said the Sheriff Deputies work 36 hours one week and 48 hours the next week so there will always overtime.   Ben said that their overtime hours are based on worked hours over 43 hours/week. He said they switched to being paid based on 43 hours/week four years ago. The jail employee’s overtime is based on worked hours of 86 hours in a two week period.   Ben discussed the various reasons for possible overtime… coverage for the 40 hours of continued education that the deputies are required to attend each year, the coverage for vacation or leave, court coverage, hospital sits, and search warrants, as well as when they are short staff. Ben said that if the raises aren’t given, there will be letters of resignation presented from some of the Sheriff’s department employees (Ben later gave the Commissioners copies of 2 of the resignation letters that the employees plan on turning in if the raises aren’t given), he said if they loose employees then there will be overtime to cover the shifts of any employees that leave. Ben said that there have been 25 deputies since 2010; he said this is a training facility. Justin said he had calculated the cost of the raise for the Sheriff and Correctional Center hourly employees as well as an incentive pay to the other hourly employees. Ben said that the deputies do not feel appreciated; some felt that $1.75/hour increase was a good raise, but questioned him if the pay would continue to increase in the future. Ben suggested having a rank schedule and suggested hiring any new deputies that aren’t commissioned start at the $13.84 rate and then after commissioned receive a $.75/hour raise and then possibly a $1.00/hour raise later on. Ben said if 2-4 new deputies were hired at a lower rate than other long term deputies, they could help cover shifts when others are off or covering elsewhere. Ben said that in the past, their employees weren’t able to use all of their vacation time and said in 2018 they will not be able to use it all. Bobby Reed said he had recently lost 2 more employees in the Correctional Center; one left for additional pay and said that if the raises had already been given they may have thought about staying. Ben said they wanted the Sheriff Department deputies to be moved to an 86/hour pay period if they are given a raise.

Lynne made a motion to go into a 30 minute executive session for non-elected personnel to protect their privacy, Jeff seconded and all approved, (the session included the Commissioners, Shane Walker and Justin Meeks). After the session, Lynne made a motion to allow Shane, Justin and Jeff to meet and have a discussion with Rhonda Dunn concerning employee matters, Jeff seconded and all approved.

Lynne made a motion to allow Justin to form a health insurance committee with department heads, Jeff seconded and all approved.

Nick made a motion for the County to pay the Westar bill for the new jail and then discuss with Goldberg Group the reimbursement of this expense, Jeff seconded and all approved.

Jeff gave Nick the authority to represent the County in the closing on the Couch Street property with Security First, Lynne seconded and all approved. 

At 11:50, Lynne made a motion to break for lunch and reconvene at 1:00, Jeff seconded and all approved.

Jim Harris gave the legal description of the Shepherd property (possible 4th quarry site that was discussed earlier in the meeting) to Justin Meeks.

Jim Harris reported that the overburden removal at the Blake Quarry was 280 feet X 440 feet X 2 feet deep of clay. Jim is going to put the overburden removal out for bid in the newspaper.

Lynne made a motion to pay the fiber bills for fiber going to the new jail, Jeff seconded and all approved.

Jim said he had been questioned if the employees were going to be given raises; the Commissioners said they plan to discuss possible raises this afternoon. Jim said if overtime is a problem for some department then he asked that not all departments be grouped the same.

Nick made a motion to go into a 10 minute executive session for non-elected personnel to protect their privacy, Jeff seconded and all approved, (the session included the Commissioners). No action was taken.

Lynne made a motion to pay and sign the Pauly Jail bill, Nick seconded and all approved.

Delwin Mumbower (Fire District #3), Will Wallis (Emergency Management), Ed Guss (Mayor of Redfield) & Beth Guss, Kirby Martin (with the City of Redfield) Paul Ballou and Tracy Reed (both with the City of Fort Scott) met with the Commissioners and Justin Meeks; Ed Guss said that as of last night, they have no manpower for the Redfield Fire department (Fire District #4). Lynne said that the County has no jurisdiction over the fire departments. Redfield does have a mutual aid agreement with Fire District #3. Delwin said that they do have mutual aid and will respond for medical calls and/or structural fires. Lynne asked what the plans are for the future; Ed said that he hoped to get guidance from Delwin and Justin on what to do. Lynne said years ago, fire district consolidation was discussed. Justin Meeks said that Robert Farmer represents the City of Redfield; Justin suggested that Robert Farmer be consulted if they plan to consolidate. There was a discussion over the lack of volunteers. Ed said that consolidation is a work in progress and said it was going to have to happen, Ed said that for years Marmaton has not been included in coverage for years with Redfield Fire District. Ed said they plan to have a meeting and get input from the citizens as well as possibly recruit volunteers for manpower. Delwin said that Fire District #3 will provide coverage for now. Delwin said that it is no problem for Fire District #3 to respond to calls for Fire District #4. Ed said he was here to get guidance and get an idea on what coverage they have. Lynne suggested that Ed meet with Fire District #3, Will Wallis and Dispatch. Lynne made a motion to give Justin Meeks the authority to discuss with Robert Farmer the issue for Fire District #4 and to discuss this when they are meeting in Topeka, Nick seconded and all approved. Tracy said that they automatically dispatch Fire District #3 for Fire District #4 calls. The Commissioners plan to discuss fire districts again on February 13th @ 2:00 pm.

Justin Meeks and the Commissioners discussed possible raises; after discussion, Nick made a motion to give the Sheriff deputies $1.75/hour raise to hourly employees, $1.50/hour raise for Correctional Center hourly deputies, $.50/hour for all other hourly employees, and $5,000 annually additionally to the Under sheriff (the Under sheriff position will not receive the $1.75/hour increase), Jeff seconded and all approved. This will be in effect on the January 19th payroll. Lynne said that departments will have to go the extra mile to control the overtime.

At this point the longevity pay will remain as it currently is.

Nick made a motion to move the Sheriff Deputies to an 86 hour pay period (overtime will be based on an 86 hour pay period), Jeff seconded and all approved. This will be in effect on the January 19th payroll.

Justin Meeks said that there is a hiring freeze but said that there were 2 help wanted ads in the newspaper, he asked if the Commissioners approved hiring the 2 additional staff; the Commissioners had not. Lynne made a motion to allow Jim to fill the one grader vacancy position, Jeff seconded and all approved. They did not make a motion to fill the other vacancy that has been advertised.

Lynne made a motion to go into a 5 minute executive session for non-elected personnel to protect their privacy, Jeff seconded and all approved, (the session included the Commissioners, Justin Meeks and Kendell Mason). After the session, Nick made a motion to give Lynne and Justin the authority to meet regarding an employee matter, Jeff seconded and all approved.

Justin said he had reviewed the real estate purchase agreement between Bourbon County and AFAD (Briggs) for the selling of land by the new jail to AFAD. Nick made a motion for Lynne to sign the real estate agreement, Jeff seconded and all approved and Lynne signed the agreement.

The Commissioners will attend a jail progress update meeting on January 16th at 11:30.

Justin and Nick will attend a meeting on January 17th at 3:30 at Mercy Hospital.

At 3:53, Jeff made a motion to adjourn, Nick seconded and all approved.

                                      THE BOARD OF COMMISSIONERS

                                      OF BOURBON COUNTY, KANSAS

                                      (ss) Lynne Oharah, Chairman

                                      (ss) Jeff Fischer, Commissioner

                                      (ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

01/16/2018, Approved Date

 

January 2, 2018                                   Tuesday 9:00 am

The Bourbon County Commission met in open session with Nick, Jeff and the County Clerk present, Lynne was present by telephone.

Tammy Helm with the Fort Scott Tribune was also present for a portion of the meeting.

Jeff made a motion to go into a 10 minute executive session for acquisition of real property, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and Jim Harris). After the session, Jeff made a motion to give Jim permission to discuss the results of recent rock boring samples that were done with the property owner, Nick seconded and all approved.

Nick reported to Jim that there was a large amount of trash dumped on Native Road.

Jeff questioned if the landfill was opened on December 26th; Jim said it was opened for a few hours for the carriers to dispose, but not to the general public.

Bobby reported to Nick that the heaters on the back side of the cells at the new jail were left turned on high again, Bobby turned the heaters down.

Lynne made a motion to allow any Commissioner to sign the bill for the F.F.E. for the new jail once the bill comes, Nick seconded and all approved.

Nick is calling Goldberg Group to get the Westar bill paid for the new jail.

The Commissioners received one bid from Landmark National Bank for the financing of the two new motor graders, Landmark bid 3.95% with annual payments starting June 1, 2019, Foley Caterpillar quoted 2.98% when they presented the price for the graders; Jim said he would verify with Foley on when the 1st payment would be due and notify the Commissioners later in the Commission meeting. Jim later reported that Foley quoted 2.98% with a payment due in 2018, but Foley offered 3.2% interest for 5 years with the first payment due June of 2019; the Commissioners asked that Jim get paperwork for financing with Foley with the first payment due in 2019.

Justin and the Commissioners viewed a map of the roads near the airport; there was discussion over the City of Fort Scott possibly obtaining land to build a road on for the airport expansion. Jeff made a motion to go into a 5 minute executive session for acquisition for real property, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and Jim Harris). No action was taken. Later in the meeting, Justin said that the City is in negotiation with possibly parties regarding the road for the airport.

At 9:45, Jeff made a motion to adjourn in order to attend the funeral for Randall Readinger and reconvene at 1:00, Nick seconded and all approved.

Jeff made a motion to go into a 10 minute executive session for attorney client privilege with possible litigation, Nick seconded and all approved, (the session included the Commissioners and Justin Meeks). After the session, Jeff made a motion to extend the closing date through the end of February for the purchase agreement between Bourbon County and Briggs Automotive, Nick seconded and all approved.

Jeff made a motion to go into a 5 minute executive session for non-elected personnel to protect their privacy, Nick seconded and all approved, (the session included the Commissioners, Bill Martin, Ben Cole and Justin Meeks). No action was taken.

Nick made a motion to go into a 7 minute executive session for non-elected personnel to protect their privacy, Jeff seconded and all approved, (the session included the Commissioners, Justin Meeks and Kendell Mason). No action was taken.

Nick made a motion to go into a 15 minute executive session for non-elected personnel to protect their privacy, Jeff seconded and all approved, (the session included the Commissioners, Justin Meeks and Kendell Mason). After the session it was decided that Jeff and Justin would meet with employees in a department to verify what was witnessed with a customer.

Nancy Van Etten arrived at the meeting.

There was a discussion over the Commissioners reviewing the annual summary for the various entities in the County, (an annual summary is filed with the County Clerk reporting the revenue and expenses that the entity had for the prior year, and this information is used for their budgets). Entities get income from taxes; Jeff said he felt that the Commissioners oversee the expenses for the entities. Jeff said that one entity previously reported a $10,600 as an expense but was actually a transfer. Jeff said that if he knows something is not right he is not going to approve it if he knows it is incorrect. Jeff said he found two kinds of reporting errors, he said 3 & 4 years ago, one particular entity had beginning balances that did not match ending balances for the previous year, he said that either money disappeared or there was a spending frenzy in November or December. Nancy Van Etten questioned if there was an incorrect report where would that information go; Nick made a motion to give Justin Meeks the authority to call the Department of Administration to set up a date and time for Justin and Jeff to meet with them to discuss the annual summaries and possible discrepancies, Lynne seconded and all approved.

Jeff made a motion to adopt Resolution 01-18, holidays and closed days for Bourbon County employees, Nick seconded and all approved.

Jeff made a motion to adopt Resolution 02-18, a resolution concerning the waiver of generally accepted accounting principles, Nick seconded and all approved.

Jeff made a motion to adopt Resolution 03-18, reimbursement for travel expenses, Nick seconded and all approved.

Jeff made a motion to adopt Resolution 04-18, a resolution to designate depositories and the official publication carrier, Nick seconded and all approved.

Jeff made a motion to adopt Resolution 05-18, a resolution naming Dr. Gugnani as the Bourbon County Health Officer effective January 1 – December 31, 2018, Nick seconded and all approved.

Justin and the Commissioners discussed the proposed raises for the hourly employees; Justin said if the overtime and amount of hours continues as it is on the January 5th payroll (which has two holidays on the check), then the County can not afford to give the raises. Jeff suggested delaying the raises until the County knows the true costs of the new jail (utilities, etc.).   Justin suggested that the employees be given a one time pay verses an hourly increase. It was also suggested that a $.75/hour raise be given across the board to hourly employees due to the concerns in the amount of extra hours & overtime and then at a later date consider additional raises. It was decided to discuss any potential raise in 2 weeks after viewing the amount of hours and overtime on the next paychecks.

At 4:12 pm, Nick made a motion to adjourn, Jeff seconded and all were in favor.

                                      THE BOARD OF COMMISSIONERS

                                      OF BOURBON COUNTY, KANSAS

                                      (ss) Lynne Oharah, Chairman

                                      (ss) Jeff Fischer, Commissioner

                                      (ss) Nick Ruhl, Commissioner

ATTEST:      

Kendell Mason, Bourbon County Clerk

01/09/2018, Approved Date