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