December 1, 2003     Monday         9:00 am 

The Bourbon County Commission met in open session with all commissioners and the county clerk present.  Minutes of the previous meeting were read and approved. 

Accounts payable and payroll for the latter part of November were approved. 

Clyde Killion gave a road update. 

Commissioners spent part of the morning discussing residency requirements of employees. 

Commissioners reviewed the applications for the Emergency Preparedness Coordinator position. 

Laura Hyer, reporter with the Fort Scott Tribune, was present. 

Dennis Meier of Triad Environmental Services met with the commissioners to discuss the flood plain in regards to the location of mining for Phoenix Coal Company.  Mr. Meier is working with the Division of Water Resources for the project which lies partly in the flood plain area.  Any work in the area mustn’t go beyond flood plain elevation levels and he needs to check with the county (flood plain administrator) to verify this.  Mr. Meier doesn’t believe the county needs to sign off on anything, just that they are copied any information regarding the project.  Commissioners would like Don Russell to look at the information. 

Ed French presented the commissioners with paperwork for a mitigation survey.  The survey is to define possible high threats for terrorism in the county. 

Commissioners discussed whether to keep Ed French as Emergency Preparedness Director or hire someone new from the applications received.  Though Mr. French submitted his resignation and applications were taken for the position, Mr. French has indicated he will stay on if he receives an increase of $200 per month.  The City of Fort Scott has indicated it will pay the additional $200 per month for a period of one year if Mr. French is retained.  Joanne Long reminded commissioners that Ed French has been the only county employee to receive a raise in pay in over a year. 

Terry Graham left the meeting at 11:10 am to meet with Richard Nienstedt about dispatching.  Meeting adjourned at 11:10 pm. 

                                                                          THE BOARD OF COUNTY COMMISSIONERS

                                                                          OF BOURBON COUNTY, KANSAS 

                                                                         (ss) Terry Graham, Chairman                  

                                                                         (ss) Gary Houston, Commissioner 

                                                                         (ss) Robert Query, Commissioner

ATTEST:

December 5, 2003       Friday        9:00 am 

The Bourbon County Commission met in open session with Terry Graham and Robert Query present.  Joanne Long was also present.  Gary Houston arrived at 9:03 am.  Minutes of the previous meeting were read and approved. 

Laura Hyer, reporter with the Fort Scott Tribune, was present. 

Joanne Long informed the commissioners that the Kansas Department of Transportation has issued its decision on the 240^th Street issue. 

A great deal of the session was spent discussing Emergency Preparedness drills with Ed French.  As the City of Fort Scott will be supplementing Mr. French’s salary, Robert Query feels that a drill should be held in the next 90 days involving a disaster for city and county personnel to work in conjunction.  Mr. French spoke about drills that have happened and that others are on the schedule for next year.  Mr. French will bring up the subject at the monthly meeting of the LEPC next Tuesday. 

Lynn Smith spoke to the commissioners on computer issues.  The new AS400 was installed November 21^st and is up and running smoothly.  She said that the County needs a new UPS battery backup, as she let the maintenance drop on the old one thinking we’d get a new one with the new computer.  We can get a one-year warranty for $883.20 or a three-year warranty for $1,173.20.  We are currently using the old one without a maintenance agreement.  Commissioners asked Ms. Smith to check into the cost of reinstating the maintenance on the old backup until the new year. 

Ms. Smith also told the commissioners that she has received three offers on the old AS400.  One for $300 as-is, one for $400 as-is, and one for $1,000 with improvements.  Commissioners approved selling the computer as-is for $400. 

Commissioners received the monthly progress report from the Extension Office. 

Joanne Long presented paperwork, including two resolutions, for Enterprise Zones.  Terry Graham made the motion to adopt Resolutions 21-03 and 22-03.  Robert Query seconded and all voted in favor. 

Terry Graham spoke to the other commissioners about a request to support SB275 by Bill Linde, Woodson County Commissioner.  Terry Graham drafted a letter of support of the Bill, which would provide for private prisons in counties.  Commissioners stated their support in the letter, provided each county has the final say on whether or not private prisons are allowed in its county. 

Terry Graham signed several property tax abatements. 

Mr. Graham left the meeting at 10:55 am to attend a meeting with city officials about interlocal issues. 

After routine business, the meeting adjourned at 11:00 am. 

                                                                       THE BOARD OF COUNTY COMMISSIONERS

                                                                       OF BOURBON COUNTY, KANSAS 

                                                                       (ss) Terry Graham, Chairman 

                                                                       (ss) Gary Houston, Commissioner 

                                                                       (ss) Robert Query, Commissioner

ATTEST:

December 8, 2003       Monday      9:00 am 

The Bourbon County Commission met in open session with Terry Graham and Robert Query present.  Joanne Long was present.  Gary Houston arrived at 9:20 am.  Minutes of the previous meeting were read and approved. 

Commissioners and Clyde Killion discussed weekend vandalism at Elm Creek Lake.  Commissioners would like to look into repairing the caretaker’s house in an effort of placing a full time caretaker back at the lake.  Commissioners also discussed with the Sheriff deputizing the caretaker for safety issues.  Sheriff Coleman  thinks there may be a week or two of training for an individual of that capacity. 

Commissioners authorized transferring $120,000 from the Road & Bridge Sales Tax fund to the Road & Bridge fund for work done during the asphalt season this year. 

Judy Orton asked the commissioners if she can hire a part-time employee to cover for one of her employees who is on Family Medical Leave.  Commissioners approved the request. 

Laura Hyer, reporter with the Fort Scott Tribune, was present. 

Gary Houston left the meeting at 10:10 am and the meeting adjourned at 11:25 am. 

                                                               THE BOARD OF COUNTY COMMISSIONERS

                                                               OF BOURBON COUNTY, KANSAS 

                                                               (ss) Gary Houston, Commissioner 

                                                               (ss) Robert Query, Commissioner

ATTEST:

December 12, 2003      Friday        9:25 am 

The Bourbon County Commission met in open session with Robert Query and Gary Houston present.  Joanne Long was present.  Minutes of the previous meeting were read and approved. 

Laura Hyer, reporter with the Fort Scott Tribune, was present. 

Accounts payable and payroll for the period were approved. 

Dion O’Dell spoke to the commissioners about a possible tenant for the Elm Creek Caretaker’s house.  No action at this time. 

David Neville spoke to the commissioners about the pecan tree in the yard.  As the limbs were not trimmed, they rubbed the line, causing an electrical surge at the Health Department, which destroyed a couple of surge protectors.  He asked if the county would pay for the damage since they didn’t trim the branch as was requested in September.  Robert Query said the county shouldn’t pay for the Health Department’s surge protectors.  At this, David Neville left the meeting abruptly.   

Judy Orton spoke to the commissioners about the salary for the part-time person she is hiring.  After much discussion, commissioners agreed to an hourly wage of $7.75. 

Dan Harden of BG Consultants brought a proposal for engineering services.  He will make 2004 prices available as soon as they are set.  No action. 

Terry Sercer, County Auditor, met with commissioners about the 2003 budget.  The General Fund must be amended before the end of the year.  Basically, the Courthouse General, Correctional Center, Computer and Juvenile Detention budgets are above published amounts.  Mr. Sercer recommends amending the budget by approximately $130,000.  Robert Query made a motion to propose to amend the General Fund Expenditures for 2003 and set a public hearing for 10:30 am, Monday December 29, 2003.  Gary Houston seconded the motion and both voted in favor. 

Mr. Sercer also spoke to the commissioners about the Road & Bridge and Road & Bridge Sales Tax Funds.  The Road & Bridge Fund does not need an amendment as previously thought, due to lease payments being omitted from budget reports.  The Road & Bridge Sales Tax Fund is coming in under estimates and commissioners deduced that the County would just create less miles of asphalt roads next year if the money was not there. 

Joanne Long spoke to the commissioners about the City of Fort Scott’s vote to remove a demolition assessment from a property owner’s statement.  She explained that a special assessment, once it is placed on a property, cannot be removed.  Therefore, the City of Fort Scott will have to write a check to the Treasurer for the amount of the assessment and it will have to be presented, along with the tax payment, to the Treasurer’s Office for a complete payment.  The City will recoup its funds at the next tax distribution.  Gary Houston will notify Richard Nienstedt of the procedure.

Robert Query spoke with David Neville about the pecan tree.  Mr. Neville will have someone trim the tree as soon as possible but the County is not paying for the damaged surge protectors. 

Doylene Kennedy asked the commissioners if Bourbon County would continue the recycling program in 2004.  Commissioners need to look into the matter before making a decision. 

Ms. Kennedy also informed the commissioners that the Landfill wells checked out fine at inspection.  They do not have to be monitored again until 2006. 

The meeting adjourned at 11:40 am. 

                                                                      THE BOARD OF COUNTY COMMISSIONERS

                                                                      OF BOURBON COUNTY, KANSAS 

                                                                      (ss) Terry Graham, Chairman 

                                                                      (ss) Gary Houston, Commissioner 

                                                                      (ss) Robert Query, Commissioner

ATTEST:

December 15, 2003      Monday      9:00 am 

The Bourbon County Commission met in open session with all commissioners and the county clerk present.  Minutes of the previous meeting were read and approved. 

Laura Hyer, reporter with the Fort Scott Tribune, was present. 

Richard Johnson of Martin Tractor Company spoke to the commissioners about the financing of the Caterpillar road grader.  It will be done through Baystone Financial Group along with the Blaw-Knox Paver and the Komatsu Grader. 

Terry Graham signed paperwork from Baystone Financial Group on the Blaw-Knox Paver and Komatsu Grader.  Terry Graham made a motion to adopt Resolution 23-03, which was among the financial documentation.  Gary Houston seconded the motion and all voted in favor. 

Clyde Killion gave a road report.  Commissioners commended the crew on the clearing of snow over the weekend. 

Tom Job, KCAMP Administrator, presented a quote for the County’s commercial insurance package.  After going over the proposal, and learning that the county is likely not going to be receiving any other comparable figures from competing companies, Terry Graham made a motion to accept the proposal from KCAMP for the 2004 County commercial insurance package.  Gary Houston seconded the motion and all voted in favor.  Mr. Job will send documentation to the clerk for preparation for the New Year. 

Reta Baker and Christi Keating of Mercy Health Center met with commissioners to discuss the ambulance service.  Ms. Keating has been in charge of the ER and EMS at Mercy since this summer and has been working on ways to improve response times for the ambulance at rural locales.  Mercy would like to house an ambulance at Fort Scott Fire Department for on-call use and as a back-up.  She explained that all the fire department personnel are trained as an EMT or greater.  Mercy will still have to negotiate with the City of Fort Scott for salaries for the fire department personnel to staff the ambulance but she did not want to proceed without the Commissioners’ consent.  Commissioners agreed that it sounded like a good idea and gave their blessing. 

Robert Query asked what the progress was on building a sub-station to cover the western parts of Bourbon County.  Ms. Keating stated that they have been working on it but have not found an answer that is cost-effective yet. 

Ms. Keating also updated the commissioners on the locations of the eight AED devices that Mercy is donating throughout the county.  One will be supplied to each of the following entities:  USD 235, USD 234, Fort Scott Community College, Buck Run Community Center, Garland Fire District, Uniontown Fire Department, Bronson Fire Department and Redfield Fire Department. 

Terry Graham left the meeting at 10:50 am for a community service commitment. 

Lois Coyan presented paperwork on the Fulton Bridge project for signature. 

Don Banwart, Fort Scott Rural Fire Chief, spoke to the commissioners about troubles with the Fire District 3 board concerning the classification of Fort Scott Rural Fire, which will affect homeowners’ insurance rates, and matters involving purchase and repair of equipment.  Mr. Banwart accused Delwin Mumbower of falsifying minutes of the Fire District 3 board meeting and said he could cite instances of misstatement of facts to commissioners.  Both Robert Query and Gary Houston wanted all commissioners to hear what Mr. Banwart has to say and asked if he would come back on Friday at 10:30 am.  Mr. Banwart agreed. 

After routine business, the meeting adjourned at 11:30 am. 

                                                                   THE BOARD OF COUNTY COMMISSIONERS

                                                                   OF BOURBON COUNTY, KANSAS 

                                                                   (ss) Terry Graham, Chairman 

                                                                   (ss) Gary Houston, Commissioner 

                                                                   (ss) Robert Query, Commissioner

ATTEST:

December 19, 2003   Friday  9:00 am 

The Bourbon County Commission met in open session with Terry Graham and Robert Query present.  Gary Houston arrived at 9:10 am.  Joanne Long was present.  Minutes of the previous meeting were read and approved. 

Jason King spoke with the commissioners about a claim he has made against the county.  He claims his windshield was broken by a rock thrown by a road grader.  The county’s insurance has offered to pay half the replacement and Mr. King is not satisfied. 

Joanne Long informed the commissioners of a claim by the SEK Multi-County Health Department regarding the power surge caused by the overgrown tree limb. 

Ed French spoke to commissioners about Emergency Preparedness training opportunities. 

Don Miller thanked the commissioners for their help with the HPA. 

Doylene Kennedy asked if we would continue the recycling program in 2004.  Commissioners spoke of staffing and expenses but tabled a decision until they could speak to Bob Eckles to see if the Kiwanis Club was interested in continuing staffing. 

Jonathan Hunt spoke to the commissioners about his claim against Judy Orton.  He says that the KBI has sent the information to the Department of Revenue.  However, the Department of Revenue is not an investigative agency.  If the State doesn’t make a decision on the matter, he will seek a grand jury investigation.  He is already collecting signatures. 

Joanne Long asked commissioners if the County would be renting duck blinds in 2004.  Commissioners tabled the decision until they could speak to Don George at Kansas Department of Wildlife & Parks. 

Larry Davenport, Dana Lamb and Dave Rexroat presented the Coventry health insurance renewal.  Coventry will be offering a few options for members this year, including an HMO with lower deductibles and co-pays. 

Kenny Felt, reporter with the Fort Scott Tribune, was present. 

Terri Johnson spoke briefly about the Jonathan Hunt situation.  It was mentioned that a grand jury investigation will cost Bourbon County taxpayers thousands of dollars. 

David Neville updated commissioners on the fire alarm plans for the Courthouse and Correctional Center, which were required by the Fire Marshal.  After additions to the original plans, made by the State Fire Marshal, the cost estimates for the parts and installation are around $40,000.  David spoke with the Marshal about doing the work in 2004, due to budget constraints, so it will be completed in late February.  Commissioners tabled a decision until Monday. 

A large constituency met to discuss Fire District 3.  Those present were:  Don Banwart, Rural Fort Scott Chief, Joe Sheehy, Rural Fort Scott Assistant Chief, Delwin Mumber, FD3 Coordinator, Don Bloesser, Secretary/Treasurer of FD3, Marty Messer, Fulton Chief, Louella Howard, Hiattville Assistant Chief, Leanna Howard, Hiattville Station, Raymond Hueston, Mapleton Station, Marty Crystal, Mapleton Assistant Chief, Mike Hueston, Mapleton Chief, Don McBride, Devon Chief, Linda Wiggans, Devon Station, Mark Wiggans, Devon Station, Jack Sutterby, Mapleton Station, and Leon Fry, Hiattville Station. 

During an hour long speech, Mr. Banwart pointed out eight reasons he believes Rural Fort Scott Fire should split from Fire District 3 and become its own Department.  In brief, the eight reasons were:  ability to apply for and receive his own grants, less bureaucracy in not having to gain approval for decisions from the Board, feels Delwin hates dealing with Fort Scott Police/Fire/businesses, feels state fire reports are stacked in favor of Devon and Mapleton stations, received purchase order to buy tires and then refused purchase allowance, declining roster due to frustration, would help get Garland and Hiattville stations a better ISO rating, and would be a mentor station to other stations. 

When Mr. Banwart finished stating his case, Mr. Graham asked the other station chiefs/assistant chiefs in attendance if they agreed with allegations made by Mr. Banwart.  All said they did not.  Specific allegations of purchases without Board approval or falsification of Board minutes were refuted by Don Bloesser, Secretary, who produced Board minutes for commissioner review.  In fact, Don Banwart signed the minutes of the meetings he claims were doctored and his own assistant chief made the motion to purchase a truck he claims was illegally purchased.  After another hour of discussion, Delwin Mumbower stated that he wants to reassure the commissioners and the public that every firefighter will work with any department and that the firefighters will do their job, regardless. 

Commissioners want to take in all the information and will discuss it more on Monday. 

After routine business, the meeting adjourned at 12:40 pm. 

                                                                    THE BOARD OF COUNTY COMMISSIONERS

                                                                    OF BOURBON COUNTY, KANSAS 

                                                                    (ss) Terry Graham, Chairman 

                                                                    (ss) Gary Houston, Commissioner 

                                                                    (ss) Robert Query, Commissioner

ATTEST:

December 22, 2003             Monday         9:00 am 

The Bourbon County Commission met in open session with Terry Graham and Robert Query present.  Gary Houston arrived at 9:10 am.  Joanne Long was present. 

Laura Hyer, reporter with the Fort Scott Tribune, was present. 

Robert Query called the jail and juvenile detention center in Girard regarding the fire alarm installation.  Both entities use Martin Dickinson of Pittsburg.  Mr. Query would like a quote from him on our work before making a decision. 

Clyde Killion gave a road update. 

John Skubal of Kaw Valley Engineering met with commissioners to ask that they consider Kaw Valley for any projects in 2004 and wished the commissioners a Merry Christmas. 

Ed French informed the commissioners that the Terror Alert has been moved to Orange, which indicates a high risk of terrorist attacks.  He stated that everyone should report any unusual activities they may witness. 

Doylene Kennedy spoke with Bob Eckles and the Kiwanis Club would like to continue the recycling program in Fort Scott every month, as it is now.  Gary Houston made the motion to continue the recycling program in 2004 as it is currently as long as there are volunteers to work.  Terry Graham seconded the motion and all voted in favor.  Robert Query added that each trailer costs the county approximately $150 dollars in wages and fees to recycle. 

Commissioners discussed the Fire District 3 situation and tossed around ideas of putting a commissioner on the board or creating a new board of laymen.  No action at this time. 

Don McBride, Fulton Fire Chief, sat in on the meeting. 

Sharon Elder, Susan Quick and Joanne Long spoke with commissioners about Real Vision Imaging (RVI).  The package was cut out of the Infinitec proposal due to budget constraints, but they have come up with the money and would like to purchase the package.  Funds would be used from the Register of Deeds Technology Fund, County Treasurer Motor Fund and Election Fund.  The RVI system will be available to all offices in the courthouse and would be beneficial for outside agencies that access our information as well.  After discussion, Terry Graham asked the ladies to find out about the block time for installation and training and report back Monday. 

Commissioners signed a Public Official’s Bond for KCAMP. 

Joanne Long presented the KCAMP Bylaws Interlocal Agreement for consideration.  Terry Graham made the motion to adopt Resolution 24-03, which was among the paperwork.  Robert Query seconded the motion and all voted in favor.  All the paperwork was signed in triplicate. 

Commissioners asked Ms. Long to speak to Terri Johnson about putting a county commissioner on the Fire District Board of Trustees.  Terri Johnson came up to explain that the statutes forbid a commissioner sitting on the Board but the commissioners can appoint someone else on the board.  That would necessitate amending the resolution that set up the Board but is possible. 

Paul Pavey sat in on the meeting. 

Terry Graham signed two Cereal Malt Beverage license renewals for Hidden Valley Lakes Association. 

Don Banwart and Joe Sheehy, Fort Scott Rural Fire Department, met with commissioners again to discuss splitting Fort Scott Rural Fire from Fire District 3.  Mr. Banwart started by apologizing to the commissioners for the negative mood of Friday’s meeting and assured them he would only be positive today.  Mr. Banwart’s desire to be his own fire district is for the maximum benefit to the residents in the Rural Fort Scott area.  Robert Query asked Mr. Banwart what stock the Commission should put into his argument considering his allegations of misconduct by the Board and Delwin Mumbower were countered at the last meeting with minutes carrying Mr. Banwart’s signature?  Terry Graham said that he wants all the residents in Fire District 3 to receive the very best service possible and wants to save lives over saving money.  Mr. Banwart stated that since Rural Fort Scott’s district covers over half the houses and people covered by Fire District 3, he would be happy with half the budget of Fire District 3.  Separating from an existing fire district would most likely require a petition.  Commissioners would like to discuss it with the county attorney. 

Joanne Long presented the financing paperwork for the Caterpillar road grader for signature.  Terry Graham made a motion to adopt Resolution 25-03, which was among the documents.  Gary Houston seconded and all voted in favor. 

After routine business, the meeting adjourned at 12:30 pm. 

                                                                    THE BOARD OF COUNTY COMMISSIONERS

                                                                    OF BOURBON COUNTY, KANSAS 

                                                                    (ss) Terry Graham, Chairman 

                                                                    (ss) Gary Houston, Commissioner 

                                                                    (ss) Robert Query, Commissioner

ATTEST:

(ss) Joanne Long, County Clerk 

December 29, 2003   Monday         9:05 am 

The Bourbon County Commission met in open session with Robert Query and Terry Graham present.  Gary Houston arrived at 9:07 am.  Joanne Long was also present.  Minutes of the previous meetings were read and approved. 

John Spear requested road rock at 105^th and Maple Road.  Mr. Spear also spoke to commissioners about erecting a gate at a piece of road.  Commissioners gave Mr. Spear a petition to have his immediate neighbors to sign if they agree with the idea to gate off the access. 

Billy Brown spoke to commissioners about the Sheriff’s department and Dion O’Dell.  Commissioners informed Mr. Brown that they have no jurisdiction over Sheriff’s department employees and recommended that he speak to the county attorney.  Commissioners stated that they would speak to Sheriff Coleman. 

Clyde Killion gave a road report.  When asked how many duck blinds are at Elm Creek, Mr. Killion reported that there are about five or six.  Commissioners stated that other counties only allow temporary duck blinds instead of permanent structures, so they decided to renew rental of duck blinds in 2004, but stated that any future blinds must be temporary and removable.  The rental fee will remain $35.00 annually. 

Doylene Kennedy asked if we will have recycling on January 17, 2004.  As the 19^th is a legal holiday, there is usually no recycling scheduled.  However, Bob Eckles has volunteers lined up to work.  It would only mean that the trailers wouldn’t be removed until Tuesday morning.  Commissioners agreed to have the recycling on the 17^th of January. 

Lee Davis opened chemical quotes at 10:00 am.  Two quotes were received.  They were: 

Robert Query made the motion to accept the quote from Van Diest Supply Company.  Terry Graham seconded and all voted in favor. 

Commissioners received a request to waive landfill gate fees for an individual.  Commissioners do not waive individual gate fees.  They would only consider it if the City were to remove and haul the C & D. 

Commissioners approved bills and payroll for the period. 

At 10:30 am, a public hearing was opened for the proposed 2003 budget amendment.  At 10:45 am, after hearing no opposition, the meeting was closed and Gary Houston moved to adopt the budget amendment as published.  Terry Graham seconded and all voted in favor. 

Commissioners spent part of the morning reviewing wages. 

Susan Quick, Sharon Elder and Joanne Long met again with commissioners to discuss RVI.  InfiniTec stated that block time was not a part of the quoted price, but that the County has 250 hours of block time as part of the contract.  It would take two men approximately 3 days to install and train the program.  After a heated discussion, Terry Graham and Gary Houston approved the purchase.  Robert Query voted no.  The funds for the purchase will be as follows:  $25,000 from the Register of Deeds Technology fund, $10,000 from County Treasurer Motor Fund and $10,000 from the Election Fund.  The Register of Deeds Technology Fund and County Treasurer Motor Fund are comprised of fees generated by the filing of deeds or the registration of vehicles.  The Election Fund is funded with tax dollars. 

Before they left, Sharon Elder and Susan Quick urged commissioners to see about raises for employees, as other tax entities have found ways to give raises. 

The meeting adjourned at noon. 

                                                              THE BOARD OF COUNTY COMMISSIONERS

                                                              OF BOURBON COUNTY, KANSAS 

                                                              (ss) Terry Graham, Chairman 

                                                              (ss) Gary Houston, Commissioner 

                                                              (ss) Robert Query, Commissioner

ATTEST: