February 3, 2003         Monday     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 9:12 am.  Minutes of the previous meeting were read and approved. 

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

Clyde Killion and the commissioners discussed the progress at Elm Creek Lake.  Clyde Killion and Robert Query left the meeting at 9:20 am to view the lake. 

Larry Davenport, Birk, Sather & Davenport, met with the commissioners to discuss the Section 125 plan of the county’s insurance.  It is up for renewal on April 1, 2003, and he would like the business, as he has the county’s health insurance.  Commissioners will discuss the plan with Robert Query and make a decision at a later date. 

Wayne and Marjorie Stringer spoke with the commissioners regarding people 4-wheeling on county roads and private land in a manner that he describes as dangerous.  He would like to know if there are any restrictions, in the form of a Resolution, that the County can place on 4-wheel driving to restrict dangerous activity.  The commissioners stated that 4-wheelers are prohibited from driving on state highways, but not restricted on county roads.  Their principal purpose is agricultural and limiting use would harm farmers, but 4-wheelers are supposed to drive responsibly and obey road rules.  The commissioners will look into any possible restrictions for 4-wheeling. 

Robert Query returned to the meeting at 10:48 am. 

John O’Dell spoke to the commissioners about a road in Rocher Addition.  He feels that since he is paying the .01 sales tax, the county should blacktop his road.  The commissioners explained that the road was part of a chip and seal benefit district several years ago and is being maintained.  The commissioners also explained the cost benefit of a chip and seal road compared to blacktop. 

Commissioners signed drawdown #10 for the Tri-Valley Grant. 

Karen Paddock, Clerk of District Court, spoke to the commissioners about surplus computers being stored in her area of the basement.  The commissioners stated that the county would be having an auction to get rid of the surplus property and this was just a temporary storage. 

Harold Coleman spoke briefly about the Coroner situation.  Since Chief Reyes is out of town until Wednesday, the commissioners will discuss it on Friday. 

After routine business, the meeting adjourned at 11:50 am. 

                                                            THE BOARD OF COUNTY COMMISSIONERS

                                                             OF BOURBON COUNTY, KANSAS 

                                                             (ss) Terry Graham, Chairman 

                                                             (ss) Gary Houston, Commissioner 

                                                             (ss) Robert Query, Commissioner

ATTEST:

February 7, 2003         Friday       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 in attendance. 

Clyde Killion gave a road update. 

Commissioners received the monthly progress report from the Extension Office. 

Joanne Long informed the commissioners that the 17 county meeting will be in Wilson County, Thursday, March 20, 2003.  Two commissioners indicated they would attend. 

David Neville reported some vandalism to the commissioners.  Sometime during the day Thursday, the thermostats on two radiators were broken off.  It is about $120 damage.  Mr. Neville also discussed the fact that the computer room is largely unoccupied during the day and unlocked.  He indicated that a vandal could cause a great deal of damage without being noticed.  The commissioners suggested the door be locked and each office be given a key to access it. 

Robert Hartley and Hunt Farley of Phoenix Mining Co., Inc. met with the commissioners to discuss agreements on road and maintenance.  Commissioners confirmed that the coal company would purchase the sturdier tubes necessary to withstand the weight of the trucks and the county would install them.  The coal company agreed.  The county will be changing the direction of the stop sign at Old Hwy 69 and Deer Road to make Deer Road a through road.  The commissioners will be installing large stop signs and truck crossing signs to warn the north/south traffic.  The larger signs cost more and the coal company agreed to pay the cost.  Commissioners also discussed the application of dust control for the 6 houses on Deer Road.  The company agreed to the dust control.  The frequency will be determined over time.  The final facet to the agreement concerned maintaining Deer Road.  The commissioners proposed that the coal company purchase the gravel needed to maintain the road and the county would maintain it.  After brief discussion, Mr. Hartley agreed to the arrangement.  The commissioners stated the County would build up the road initially and the road grader would keep to his schedule.  For maintenance on other days, the Coal Company would maintain it with County gravel. 

It was also stated that a portion of 260^th Street, between Deer and Cavalry Roads, will be closed temporarily for coal extraction.  Phoenix Coal Company will replace it to its present condition when finished. 

After routine business, 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:

February 10, 2003        Monday     9:00 am 

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

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

Ed French notified the commissioners that the county was awarded a grant from the Kansas Domestic Preparedness Grant in the amount of $39,229.97 to supplement local equipment purchases. 

Clyde Killion gave a road update. 

Gary Houston arrived at 10:00 am. 

Commissioners received concerns from citizens on the integrity of the Phoenix Coal Company personnel.  Terri Johnson, County Attorney, will work up the contract between the County and the coal company for review on Friday and will also look into the alleged misdoings of its chief personnel.  The commissioners are confident that the Environmental Protection Agency (EPA) will do a thorough investigation of the company before issuing permits to extract coal.  The county cannot block the company from doing business in the county but it can protect itself with the contract from any possible liabilities in the future. 

Terri Johnson also informed the commissioners that the first of two bills from a psychiatrist in a murder trial has arrived.  Since the defense is not claiming a mental disease or defect, there will not be any substantial bills in the future.  The bill is to be paid from the Contingency Fund. 

Terry Graham made a motion to re-appoint Gary Houston to the Bourbon County Economic Development Council for 2003.  Robert Query seconded and all voted in favor. 

Sheriff Harold Coleman and Jay Reyes, Fort Scott Police Chief, met with the commissioners to discuss Coroner business.  Sheriff Coleman and Chief Reyes have been Medical Investigators in Bourbon County in the absence of a Deputy Coroner.  Dr. Payne has showed an interest in taking over the responsibility if Coleman and Reyes wanted out.  Both Sheriff Coleman and Chief Reyes were content with the current arrangement and would like things to stay the same.   The commissioners thanked Mr. Coleman and Mr. Reyes and will notify the District Coroner of the decision. 

Charlie Blevins and James Clark spoke to the commissioners about 911 signs.  The 225^th Street signs in Rocher Addition have been removed and 227^th Street signs were replaced.  The commissioners confirmed that was an error and will have it corrected immediately.  Mr. Blevins also informed the commissioners that the Catt School Road signs he purchased have also been removed and would like them re-installed.  The commissioners assured Mr. Blevins that the County would put them back up if it removed them, but if they were stolen, the county is not responsible. 

Joanne Long presented the commissioners with Resolution 06-03, regarding the amendment to the bylaws of KWORCC.  Robert Query made the motion to adopt Resolution 06-03.  Gary Houston seconded and all voted in favor.  The resolution was signed and recorded with the Register of Deeds. 

After routine business, the meeting adjourned at 12:20 pm. 

                                               THE BOARD OF COUNTY COMMISSIONERS

                                               OF BOURBON COUNTY, KANSAS 

                                               (ss) Terry Graham, Chairman 

                                               (ss) Gary Houston, Commissioner                                           

ATTEST:

February 14, 2003        Friday       9:00 am 

The Bourbon County Commission met in open session with Terry Graham and Gary Houston present.  Minutes of the previous meeting were approved. 

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

Bud Hall, Darrell Bloomfield, Kevin Howard, Brady Simpson and Renee Thompson met with the commissioners concerning the proposed haul road for Phoenix Coal Co.  They are concerned about the safety of using Deer Road as the haul road because it is narrow and has a low water crossing.  Some are also concerned for the safety of their family members with coal trucks using the road.  They feel that the roads both north and south of Deer Road are more appropriate for haul roads.  One mile north is Eagle Road, a blacktop road.  One mile south is Cavalry Road, a wider flatter road with better visibility.  The commissioners will view the area to inspect the roads in question.  The commissioners noted that the coal company is in good standing in the state of Oklahoma, according to research from the County Attorney.  The residents are not against the coal company doing business—they just want the best haul road used.  The commissioners also discussed the citizens concerns with Clyde Killion. 

Herman Yeager, 1498 195^th Street, requested gravel on his road.  The commissioners approved the request. 

Joanne Long notified the commissioners of correspondence from Mercy Health Center, stating their intent to cancel the ambulance contract with Bourbon County, effective December 31, 2003.  They also stated that they would continue with ambulance service if their payment requests are met.  They would be 10,240 per month in 2004 and 12,740 per month in 2005.  The commissioners have until July 1 to respond.  The county attorney is already aware of the notification and is attempting to contact Mercy about the letter and about the County’s request for audits that has not been answered. 

Ms. Long also notified the commissioners of an impending lawsuit against the county stemming from an automobile accident in April of 2002. 

Harold Coleman informed the commissioners that he would be submitting a voucher for payment for boarding horses in an abuse case.  He stated that he is not paying what was billed because he feels it is unreasonable but will pay a reasonable amount. 

Dennis Meech informed the commissioners of a mud hole in a county road. 

Larry Davenport and Jim Sather gave an insurance update to the commissioners.  Mr. Davenport feels that the transition is coming along nicely.  The commissioners asked if Vista Pharmacy had become a participating pharmacy in the Coventry plan.  Mr. Davenport stated that forms had been sent but had not been returned yet.  Larry Davenport will also be taking over the county’s Section 125 plan and informed the commissioners that they should notify the existing plan holders of the change.  Mr. Davenport will be enrolling employees in early March, according to law. 

Joanne Long informed the commissioners of a request from the Southeast Kansas Solid Waste Operating Authority to appoint a commissioner to the board and an alternate.  Gary Houston made a motion to appoint Terry Graham to the board and Gary Houston as an alternate.  Terry Graham seconded the motion and both voted in favor. 

The commissioners left the meeting at 10:37 am to view the proposed alternate haul roads for the Phoenix Coal Company. 

Meeting adjourned at 10:37 am. 

                                                     THE BOARD OF COUNTY COMMISSIONERS

                                                     OF BOURBON COUNTY, KANSAS 

                                                     (ss) Terry Graham, Chairman 

                                                     (ss) Gary Houston, Commissioner

ATTEST:

(ss) Joanne Long, County Clerk 

February 21, 2003        Friday       9:00 am 

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

The Commissioners discussed possible haul road options for the Phoenix Coal Company.  After discussion, it was decided that Deer Road was the best option available. 

Joanne Long mentioned that the courthouse parking lots are in need of repair.  There are large potholes and the surface is very soupy when wet.  The commissioners will have the road crew blade it. 

Ms. Long also asked the commissioners if she could designate some parking on National Ave. for voter parking next Tuesday for the Primary Election.  The commissioners directed Ms. Long to contact the City of Fort Scott. 

Commissioners received a complaint that the 2^nd floor women’s restroom faucet does not have hot water.  The commissioners will have David Neville check prices on a re-circulation pump. 

Clyde Killion and the commissioners viewed some equipment demonstration videos. 

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

Bob Hartley and Hunt Farley of Phoenix Coal Company met with the commissioners to refute statements from a previous meeting.  They presented several reference letters from County Commissioners and bank leaders in Oklahoma for their business in that state.  They stated that they would like the shortest possible route to help keep freight prices down.  Commissioners informed the men that Deer Road has been decided as the haul road.  The county attorney will draw up the agreement. 

Clyde Killion reported that the valve at Elm Creek Lake has been closed and the lake is filling up. 

Commissioners discussed the ambulance contract negotiations.  We have yet to receive the requested audit information.  Terry Graham contacted Ken Keller of the Kansas Board of EMS.  He will be a mediator with the County and Mercy Health System.  The commissioners made an appointment to meet with him on Friday, March 14, 2003, at 10:30 am. 

Ed French will soon be getting Social Security and is requesting health insurance to help with costs.  If the county cannot help out, he may need to quit being Emergency Preparedness Coordinator. 

Terri Johnson and Susan Quick spoke to the commissioners about having a tax sale.  Commissioner Query has already spoken to Othick Abstract Company about researching properties.  The commissioners would also like an estimate from Dan Meara to have the sale. 

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:

February 24, 2003          Monday        9:00 am 

The Bourbon County Commission met in open session with Terry Graham and Robert Query present.  Joanne Long was also present.  Minutes of the previous meeting were approved.  Gary Houston arrived at 9:30 am. 

Delbert Schilling asked the commissioners to sign a statement that the County supports National Guard and Reserve employees.  The commissioners stated they felt it is important to support them and agreed to sign the statement. 

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

Clyde Killion reported on road clearings after the latest snowfall.  He reports we have plenty of salt and cinders and more have been ordered. 

Mr. Query mentioned that he spoke to Pat Bishop about his interest in doing the work for a tax sale and he is interested. 

Commissioners discussed the recycling program. 

The commissioners discussed the request from Ed French to be placed on the county’s health insurance.  After much discussion, Terry Graham made a motion to approve adding Ed French to the County’s health insurance with the stipulation that Mr. French would pay half the cost of the premiums, $193.58 per month.  Gary Houston seconded the motion.  Robert Query abstained from voting.  Mr. French asked that the premium be deducted from his paycheck. 

Robert Query left the meeting from 10:25 am to 11:10 am to inspect damage to his shop from a burglary over the weekend. 

After routine business, the meeting adjourned at 11:55 am. 

                                                         THE BOARD OF COUNTY COMMISSIONERS

                                                         OF BOURBON COUNTY, KANSAS 

                                                          (ss) Terry Graham, Chairman

                                                          (ss) Gary Houston, Commissioner         

                                                          (ss) Robert Query, Commissioner

ATTEST:

February 28, 2003    Friday            9:00 am 

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

Clyde Killion gave an employee update.  Commissioners also received a request for repair to a road in Memory Gardens Cemetery. 

The commissioners discussed the county’s fuel rotation.  A third business has asked to be put into rotation beginning April 1.  The company is owned by county employee, Mike Judy. The commissioners approved the request, provided that Mr. Judy does not fill tanks on county time, sick leave or vacation. 

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

Commissioners received an amendment to the lease with SBA Towers for the property on Couch Street.  The amendment is to the legal description only.  After verifying the legal description, the commissioners signed the agreement. 

Gene Cowan requested gravel on 180^th Street between Fern and Eagle. 

Robert Query left the meeting at 9:45 am to attend a funeral. 

At 10:00 am, the Board of County Canvassers convened to certify the elections results from Tuesday’s Primary.  Terry Graham, Gary Houston, Joanne Long, Cecelia Key and Laura Hyer were present.  13 provisional ballots were considered.  The Board determined that 11 of those ballots were valid and they were added to the unofficial totals from the election.  The Board then certified the election results. 

Sheriff Harold Coleman spoke to the commissioners about the high cost of transporting prisoners. 

David Neville presented a quote for electrical work to the Board.  He mentioned that only one business responded to the request for a quote.  The commissioners approved the work for $755.00. 

After routine business, the meeting adjourned at 12:15 pm. 

                                                            THE BOARD OF COUNTY COMMISSIONERS

                                                            OF BOURBON COUNTY, KANSAS 

                                                            (ss) Terry Graham, Chairman 

                                                            (ss) Gary Houston, Commissioner                    

                                                            (ss) Robert Query, Commissioner

ATTEST: