September 1, 2003      Monday      Holiday—No meeting 

September 5, 2003      Friday        9:00 am 

The Bourbon County Commission met in open session with all commissioners present.  Deputy County clerk Cecelia Key was also present.  Minutes of the previous meeting were read and approved. 

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

Maynard Taylor inquired if a particular road is a county road or private property.  Terry Graham assisted Mr. Taylor. 

Commissioners allowed the County Burn Ban to expire. 

Clyde Killion updated the commissioners on road projects.  Commissioners asked Mr. Killion to get prices on road graders. 

David Neville spoke to the commissioners about a pecan tree in the courthouse yard.  He has had requests from KG&E and Classic Cable to trim the tree.  David has had tree trimming priced at $150.  No action. 

Harold Coleman spoke to the commissioners about Fort Scott Lake.  Lake Fort Scott used to be the sole responsibility of the City of Fort Scott.  An agreement about six years ago placed the blacktop roads around the lake in the County’s responsibility.  Mr. Coleman stated that the agreement states that any problems with residences at the lake are the City’s responsibility, as well as the beach areas, lake patrol and shelter houses. 

Lu Reed, Director of 6^th Judicial District Community Services met with the commissioners regarding the 2004 budget and carryover reimbursement plans.  Ms. Reed discussed Senate Bill 123, which applies to any offenses after November 1, 2003.  After discussion, Terry Graham signed the paperwork for the 2004 budget summary and narrative, transfers, carryover reimbursement, grants and alternative drug sentencing policy. 

Sheriff Coleman also mentioned a problem with a county road north of his home and thanked the commissioners for cleaning the curb at 245^th and Soldier Road. 

Tolle Bowman, independent insurance agent, met with the commissioners to discuss the county’s health insurance.  He wanted to know how satisfied the county is with Coventry and if the county would be opening insurance up for bid next year.  Commissioners discussed partial self-funding and the difficulty of getting accurate quotes without a health history.  Commissioners stated that October is when the county begins looking at plans and suggested Mr. Bowman check with the County Clerk at the first of October.  

Terry Graham spoke with Casey Russell at Fort Scott Community College about providing computer programming for the county.  Mr. Russell said that there wasn’t much the college could do for the county because they weren’t familiar with the programs, don’t have a programmer on staff and would have to hire extra personnel to help which would end up costing about the same as what has been offered by InfiniTec. 

Commissioners received the monthly progress report from the Extension Office. 

Joanne Long stated that the 17-county meeting will be hosted by Allen County on Thursday, October 16, 2003, and asked how many commissioners would attend.  Two commissioners indicated they would try to make the meeting. 

After routine business, the meeting adjourned at 11:35 am. 

                                                                                THE BOARD OF COUNTY COMMISSIONERS

                                                                                OF BOURBON COUNTY, KANSAS 

                                                                                (ss) Terry Graham, Chairman 

                                                                                (ss) Gary Houston, Commissioner

                                                                                (ss) Robert Query, Commissioner

ATTEST:

September 8, 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.  Gary Houston arrived at 9:30 am after checking roads in his district. 

Harold Coleman spoke to the commissioners about the meeting Friday with the residents of Lake Fort Scott. 

Gary Houston left the meeting at 10:15 am to get a signature for a bridge project easement.  Robert Query left at that time to view a culvert on Deer Road.  Terry Graham also left to meet with Don Russell at City Hall.  Meeting adjourned at 10:15 am. 

The meeting re-convened at 11:54 am for a period of one minute with Terry Graham and Gary Houston to approve a voucher for $1,900 for an easement for James Epps for the Little Osage River Bridge project. 

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:

September 12, 2003    Friday        9:00 am 

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

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

Larry Faulkner and Karen Hines met with the commissioners to discuss the closure of 240^th St. north of US 54 Hwy.  The commissioners were asked whose idea it was to close 240^th Street when the new US 54 goes through.  Commissioners stated that the State of Kansas Department of Transportation decided which and how many entrances to the highway would be open.  There were published meetings regarding the proposed closure of the 240^th Street and Max’s Way Station junctions.  There were several people up about the Max’s Way Station and the State decided to keep it open but there was no opposition about 240^th, to the commissioners’ knowledge.  Mr. Faulkner and Ms. Hines stated they did not know about the meetings.  Mr. Faulkner said that when he spoke to Mike Jacobs at KDOT, he said it was not the State’s decision to close the road.  Mr. Faulkner and Ms. Hines asked why registered letters weren’t sent to the residents.  Robert Query stated that the State has requirements of notification to handle that.  Ms. Hines said that if the road is closed, it will severely limit access to the properties in the area.  The road is known to flood and that may trap the residents at times.  Mr. Faulkner said that State officials said that it may be anywhere from 8 to 20 years before the highway is finished and they would like the road re-opened at least in the meantime.   

Commissioners left the meeting at 9:22 am to view said road, 240^th Street, north of Maple Road.  

At 9:55 am, all commissioners returned to the meeting.  Also at the meeting were Laura Hyer and Jonathan Hunt. 

Mr. Hunt, the 10:00 am appointment, read from a written statement and asked that it be recorded verbatim.  It was as follows: 

“My name is Jonathan D. Hunt.  I am a resident and taxpayer in Bourbon County, Kansas.  I have scheduled this time to address the Elected Commissioners, Mr. Query, Mr. Houston, and Mr. Graham, concerning two issues that have recently come to my attention.

1.  As you can see in Attachment A (which I have provided to each Commissioner) it concerns Property Taxes.  Specifically, my taxes compared to the taxes paid by the County Assessor, Ms. Orton.  As you can see, Property A and Property B have very few differences in characteristics and amenities.  If anything, Property B (Orton’s) has approximately three times the amount of acreage (38 acres), and 8 outbuildings compared to Property A (Hunt’s) which has 13.7 acres and 3 outbuildings.  The homes have many things in common, except for the amount of real estate taxes assessed.  In past dealings with Ms. Orton, my wife and I have found ourselves very frustrated, with none of our questions answered.  We have even told by Ms. Orton that if we don’t like the tax amount we have to pay, then we should move.  She said about the only way to keep property taxes down in Bourbon County is to either let your home fall into disrepair, or build a barn and live in it.  None of the options she offered, including moving away, are viable.  I told Ms. Orton that I am NOT opposed to paying my fair share of property taxes, if she could only provide us with “comparable” properties that were truly comparable and paying a comparable amount of property taxes.  She has yet to provide this information, and it has been over a year.  After discovering what Ms. Orton pays in property taxes, and how similar the two properties are, I can see now why there was hesitation on her part to comply with our request to provide “true” comparable properties.  She said there were NONE in Bourbon County.  However, you will see in Attachment A, there is one very good comparable that was omitted.  Ms. Orton’s most recent response to us was that she couldn’t help it if we paid too much for our house.  I ask that the Elected Commissioners commence an internal county investigation and release the written results to me within a timely manner.  Only a valid and reasonable explanation for this irregularity will be accepted. 

2.  I have obtained several documents under the Kansas Open Records Act pertaining to the County.  Specifically, reimbursement of mileage expenses to Elected Officials of Bourbon County.  The data I have obtained covers January 1, 2003 through September 9, 2003.  The information I obtained discloses the following: 

a.  Commissioner Robert Query has submitted no “County Approval Claim Vouchers” to be reimbursed for any out-of-pocket expenses.  I commend him. 

b.  Commissioner Gary Houston has submitted one Claim Voucher (January 2003) for a total of 380 miles x 36 cents per mile (of which 70 miles was for driving from his place of residence to work, and back).  Total $136.80. 

c.  Commissioner Terry Graham has submitted six Claim Vouchers

        January 2003 (including December 2002) for a total of 455 miles.

        February 2003 for a total of 515 miles.

        April 2003 for a total of 574 miles.

        May 2003 for a total of 588 miles.

        June 2003 for a total of 438 miles.

        July 2003 for a total of 545 miles. 

        That is a total of 3,115 miles.  Of this 3,115 miles, an astonishing 2,124 of reimbursed mileage was for driving to and from work.  Total reimbursement for Mr. Graham was $1,114.17, of which $758.16 was for reimbursement from his place of residence to work and back. 

d.  County Clerk Joanne Long, County Assessor Judy Orton, Registrar of Deeds Sharon Elder, and the County Attorney Terri Johnson made no requests for reimbursement for mileage from their residences to their place of employment. 

On September 10, 2003, I requested public records concerning the reimbursement of mileage to and from the courthouse for county commissioners or other elected officials.  I received the following reply from the County Clerk, Joanne Long: “I have found no official policy/resolution in researching old commissioners’ journals, the employee manual, or resolution books”.  See Attachment B. 

Considering the financial shortfall that Bourbon County is experiencing when faced with a growing deficit, the Commissioners were recently faced with a decision about raising the mill levy by a vote of two in favor (Graham, Houston) and one opposed (Query).  The answer is not in raising taxes, but more investigation into a mismanaged budget should be addressed and corrected. 

The taxes I pay are not to be earmarked for paying County Elected Officials to go to and from their jobs.  The taxes I pay are not to be earmarked so that county employees may enjoy lower property taxes than their neighbors’.  I feel that the people of Bourbon County are blind to the fact that their County may be mismanaging the funds that are collected in the way of property taxes.  Many I have spoken to do not feel that anything will ever change.  But, gentlemen, I am here to tell you that things will change.  They must change.  In the end Bourbon County and its residents will be better for it. 

In closing, Commissioner Houston, you owe the people of this county $25.20; Mr. Graham, $758.16, for reimbursement of unauthorized expenditures. 

Thank you for your time and I look forward to hearing from you.”

“ATTACHMENT A 

PROPERTY A:  JONATHAN AND SHERRY HUNT

PROPERTY B:  JUDITH (BROWN) ORTON 

 “ATTACHMENT B

* letter on Bourbon County Clerk letterhead * 

September 10, 2003 

Jonathan Hunt

2387 Eagle Rd

Fort Scott, KS 66701 

Mr. Hunt, 

As to your request for Public Records dated September 10, 2003, concerning the reimbursement of mileage to and from the courthouse for county commissioners or other elected officials, I have found no official policy/resolution in researching old commissioners’ journals, the employee manual or resolution books, to the best of my ability.

The current employee manual applies only to non-elected personnel when it states that “travel to and from the workplace is not reimbursable.” 

I can only offer that as far back as October 8, 1912, the commissioners’ journal states that bills approved for the month include “salary and mileage” or “salary and expense” to county commissioners.  I imagine that there weren’t many people with cars prior to that time. 

If you need anything further, please let me know. 

Sincerely, 

(ss) Joanne Long

Bourbon County Clerk” 

Terry Graham asked Mr. Hunt how he arrived that the mileage was “unauthorized?”  Mr. Hunt stated that he received copies of vouchers and went on to list several dates that were claimed for meetings.  Mr. Graham explained that he often looks at roads and other things on his way to and from the courthouse, explaining that before meeting this morning, he had already been to Mapleton.  He also mentioned that his personal cell phone bills and home phone calls, all long distance, that are county-related, are never claimed.  Mr. Hunt stated that it doesn’t look good to get reimbursed to come to the courthouse. 

Gary Houston stated that the commissioners meet twice a week as a courtesy, but are only required by law to meet once per month.  He also stated that he and other commissioners come to the courthouse several times per week for other business, such as approval of bills and payroll.  Mr. Houston stated that he, too, views roads and other county concerns to and from the courthouse and could easily account for 400 miles per month doing county business.  Mr. Hunt suggested some of the things the commissioners view themselves could be delegated to other offices in the courthouse.  Mr. Houston stated that he was elected by the people of his district and he will meet with them whenever they ask and not push it off onto someone else.  Mr. Hunt stated that the commissioners didn’t need to justify their actions to him, but to the people of Bourbon County. 

Terry Graham had a question about the first item of concern to Mr. Hunt.  He stated that the State of Kansas has guidelines that each County has to follow to assess property.  He stated that he doesn’t agree with some of the guidelines but they are not set locally.  Mr. Houston stated that Mr. Hunt’s Attachment A doesn’t state the last purchase year or amount, which is a factor in the assessment process.  What people are willing to pay for property varies.  Mr. Hunt feels that’s one opinion and that the value should be a “Fair Market Value”. 

Gary Houston suggested that Mr. Hunt talk to the State about the process but Mr. Hunt stated that he was starting with the commissioners.  Mr. Houston also asked if Mr. Hunt had compared his property to another similar in a three-mile radius of his own and on a black-top road.  Mr. Hunt has not been able to receive such information.   

Mr. Houston asked Mr. Hunt if he thinks that the commissioners should pass off concerns of the people to other departments.  Wouldn’t that just create another level of bureaucracy?  Mr. Hunt thinks things should be streamlined and the commissioners should be responsible.  He stated that other jurisdictions (such as cities) don’t run every time they’re called. 

Terry Graham stated that the State of Kansas sets the allowable mileage rates based on gasoline prices and wear and tear on vehicles.  If another department was to “handle” the concerns, they would be claiming the mileage and it would cost the same in the long run.  Mr. Hunt thinks it’s inappropriate because there’s no policy.  Joanne Long stated at this point that her office has located in the 1974 minutes a resolution allows for reimbursement of mileage “…for actual miles traveled for official purposes…”.  Mr. Hunt doesn’t feel it’s ethical to get paid to go to work.  He asked if anyone has ever had a job before in which they get paid to go to work. 

Mr. Graham agreed that he hadn’t, but also stated that he never had a job quite like the commission job either.  Mr. Hunt stated that there is a salary for the job.  Terry Graham offered Mr. Hunt his agenda for the past week:

Mr. Graham stated that it’s a full-time job with a part-time salary and that he only claims the “big stuff” that he remembers. 

Mr. Hunt feels that, given the current financial situation, the commissioners should find ways to lower expenditures and that the commissioners will be held accountable.  He also stated that the population of Bourbon County is getting smaller with more elderly and disabled population.  He thinks the commissioners should work to make it a better county.  He feels these are valid issues and he wants something done.  Terry Graham said the commissioners will look into it and thanked Mr. Hunt for being professional. 

David Neville informed the commissioners that the compressor on the courtroom’s air conditioner went down this week.  A new compressor will cost $3,800 but is not recommended.  Mr. Neville brought prices from three businesses on a new 7 ½ ton air conditioner, including installation and the crane needed to lift it to the roof of the courthouse.  The quotes were as follows: 

Mr. Neville commented that the warranties on the compressors are 5-yr for DC Refrigeration and Norris and 10-yr for Van Patten. Though it is nearing the end of summer, the courthouse holds heat well and heat rises, making the third floor the hottest.  Mr. Neville stated that the courtroom was 76 degrees this week with no people and the lights off. Commissioners will review the capital improvement fund before making a decision.   

Mr. Neville also brought another quote, per the commissioners’ request, for work on the air conditioner above the correctional center.  Mr. Neville stated that Jackson Electric of Pittsburg said they would not be offering a price, as they are going out of business.  Robert Query stated that he had spoken with them and they could get an outdoor panel for $300 less than Ward Kraft.  No action. 

Ann Ludlum introduced the new Ag Extension Agent for Bourbon County, Delta George, to the commissioners.  The commissioners welcomed Ms. George and wished her good luck in her job. 

Verdon Dauben and Laura Hyer spoke to the commissioners about traffic on their road.  With 240^th Street blocked off, they say that traffic has increased dramatically, citing that 750 cars went by in two days time this week.  Mr. Dauben still wants the road paved.  Mr. Graham stated that if 240^th Street is kept closed, something will have to be done to the road.  Mr. Dauben also spoke to the commissioners about a guardrail for a bridge.  There was discussion about straightening two 90 degree turns and how that would allow for faster traffic. 

Don Russell brought the commissioners a copy of the 1997 agreement between the City of Fort Scott and Bourbon County, regarding Lake Fort Scott.  Item 5 of the agreement applies to septic tanks and places them under the responsibility of the County.  Mr. Russell said that the City will help in the meantime, but that the County will need to start handling them.  He feels that annual inspections are mandatory as well as any time a property sells.  Commissioners will speak with Roger Lee. 

Upon discussion of Mr. Hunt’s concerns, commissioners discussed doing away with reporting mileage and going to a set monthly expense check, like in Crawford County.  No action.  Joanne Long stated that a resolution was found this morning in the June 10, 1977, minutes allowing mileage reimbursement to commissioners “…miles necessarily traveled in conducting the business of their office…” under Home Rule.  Mr. Graham took Mr. Hunt’s paperwork to the Appraiser’s Office. 

Bills and payroll for the period were approved. 

Joanne Long asked about the InfiniTec contract.  November 1 will be here soon.  Terry Graham asked Ms. Long to find out how many calls Bourbon County made to the support line and how much time was spent on site by InfiniTec personnel in 2002 and how much that would cost on a “pay as you go” basis to justify the costs. 

Terry Graham made a motion to purchase a 7 ½ ton Lennox air conditioner from Norris Heat & Air, for the price of $4,192.28, installed.  Robert Query seconded the motion and all voted in favor.  Commissioners stated that the difference from the low price and Norris’s, $142.28, was worth it to keep business local. 

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

                                                                   THE BOARD OF COUNTY COMMISSIONERS

                                                                   OF BOURBON COUNTY, KANSAS 

                                                                   (ss) Terry Graham, Chairman 

                                                                   (ss) Robert Query, Commissioner 

Attest:

September 15, 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 9:10 am.  Minutes of the previous meeting were read and corrected. 

Jonathan Hunt was present for the meeting. 

Clyde Killion gave an asphalt update. 

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

Residents of 240^th Street, north of existing US 54 Hwy met with the commissioners.  Those present were:  Karen Hines, Katie Haviland, Rayma Bower, Carol Faulkner, Larry Faulkner and J.R. Stewart.  They presented part of a petition by the area residents concerning the closure of 240^th Street for the construction of new US 54.  They would like the commissioners to send the completed petition to State Officials, namely Roger Alexander, for consideration of the decision to close the road.  They also expressed their unhappiness that there were no letters of notification sent when the hearings were being held on the matter, citing that not everyone takes the paper or listens to the radio.  Their main hope is that the road remain open until the new highway is constructed, which could be between eight and twenty years from now.  The commissioners stated that they will stand behind the majority of the residents on this matter. 

The group was also curious as to the re-location of the Riley Cemetery.  It was in the path of the new highway and they wondered where the State officials moved it.  Harold Coleman and Earl Gillispie joined the conversation at this point to state that they were told the State looked for it but couldn’t locate any graves. 

As to the alternate route, while 240^th Street is closed, the traffic is picking up, as many residents who live on the north end travel to work at the south end of town along this road.  The dust is horrible and the curves are very dangerous.  Commissioners stated that if 240^th remains closed, the County will improve the alternate road.  J.R. Stewart suggested the commissioners could strike a deal with Craig McKenney into donating some land to straighten the curves.  In the meantime, the commissioners will place curve signs and lower the speed limit on the road, for safety. 

There was discussion about litter on the railroad crossing.  That would be the railroad’s responsibility to clean up. 

David Ferson and Bill Ewan of Victor L. Phillips Company met with the commissioners to discuss purchasing an asphalt lay-down machine.  Commissioners would like to finish the current asphalt season before talking about purchasing a machine.  That is estimated at three weeks. 

Robert Query reported to Clyde some damage to the road surface of 240^th Street south of US 54.  Gary Houston spoke to Clyde about some culverts. 

Karen Paddock, David Neville, Monique Umphenour, Susan Quick, Doylene Kennedy, Harold Coleman, Judy Orton, Terri Johnson and Valorie Leblanc met with commissioners to discuss the bomb threat that was called in to the courthouse this morning.  While everyone evacuated the building in a timely manner, each office was not checked prior to evacuation.  Sheriff Coleman stated that no one knows his/her own office better than the people who work there.  It wouldn’t take very long for the employees to scan the room to look for anything out of the ordinary on their way out the door.  Mr. Coleman would like each office locked and a master set of keys provided to the Sheriff personnel for future problems.  It was discussed that bomb threat drills need to be added to the current schedule of fire and tornado drills to keep people alert.  Karen Paddock complained that the courthouse is unlocked at 7:30 am each morning, allowing anyone to roam the halls for an hour before any offices open.  This is poor security.  Sheriff Coleman stated that the courthouse is a security nightmare, citing that it was fine for 1929 but in our current society, it is not.  Ms. Paddock stated that several government buildings limit access to one entrance/exit with a metal detector for security.  After discussion, commissioners authorized Sheriff Coleman to purchase five signs for the entrances to the courthouse stating that going beyond this point, a person is subject to a search for weapons/contraband, to organize classes on bomb threats and safety for courthouse employees and for David Neville to provide the sheriff with a master set of all keys in the building.  Commissioners will speak with Driver’s License officials on the time the building is open to the public to see if they can comply. 

Currently, all doors to the outside and the connecting door to the correctional center are locked at 4:30 pm.  All closets are also locked at that time, but bathrooms are kept unlocked.  Karen Paddock would like the janitors to do a sweep of the building before they leave each evening. 

Joanne Long informed the commissioners that the bomb threat was reported to the phone company and an investigation into the call’s origin is underway. 

Terri Johnson informed the commissioners that she received a letter from residents of Lake Fort Scott about whose responsibility it is to maintain the area.  She is aware of the agreement between the City and County concerning roads and sanitation.  She stated that City Attorney, Bob Farmer, indicated that the City wanted to keep the sanitation because the City is responsible for the drinking water.  This is in direct conflict with what Don Russell told the commissioners last week.  Ms. Johnson will clarify the information with Mr. Farmer. 

Ms. Johnson asked the commissioners to have an executive session to discuss a legal matter.  Gary Houston made the motion to go into executive session, for a period of five minutes, under the attorney/client privilege exception to the Kansas Open Meetings Act.  Those present are the commissioners, the County Attorney and the County Clerk.  Terry Graham seconded the motion and all voted in favor.  The session began at 11:27 am and ended at 11:32 am.  No action. 

Ed French showed the commissioners a letter from the League of Kansas Municipalities and Kansas Association of Counties indicating funds will be available from the Kansas Highway Control and suggested a meeting with area officials in law enforcement, government and emergency services to help ensure Bourbon County’s best possibility for funds.  Bourbon County received $40,000 from this program last year.  Commissioners set a meeting for 10:00 am, September 22, 2003.  Mr. French will notify all the parties. 

Terry Graham spoke with Roger Alexander of KDOT about Riley Cemetery.  Mr. Alexander stated that the State Historical Society assisted KDOT in looking for the cemetery but found no evidence of it.  Mr. Alexander will send all the documentation to the County. 

Commissioners approved repairs to three county vehicles at the county barn. 

Terry Graham left the meeting briefly to speak with Judy Orton about Jonathan Hunt’s appraisal and to speak to Roger Lee about sanitation.  Upon returning to the meeting, he informed the other commissioners that Judy Orton will meet with commissioners Friday at 9:30 am to give her side of the situation. 

Mr. Hunt asked commissioners if they wanted him to come to the Friday meeting.  Commissioners said that was his decision.  Mr. Hunt asked who was investigating his claim about Ms. Orton.  Terry Graham stated that they would listen to Judy’s side before going any further. 

Terry Graham said that it is that time of year that the wells at the landfill need to be monitored.  After hearing a quote of $505 per well, commissioners will check what last year’s cost was before making a decision on Friday. 

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:

September 19, 2003  Friday  9:00 am 

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

Commissioners received a letter from InfiniTec documenting the 2002 technological support Bourbon County received and what that would calculate to in a “pay as you go” situation as commissioners requested.  No action as Robert Query was absent. 

Commissioners received a copy of a letter written by the County Attorney to Tower Metal concerning a truck route. 

Jeanette and Robert Schweikert and Victor Arnold spoke to the commissioners about 240^th Street.  The Schweikerts wondered where all the opposition to closing 240^th Street was in 1996 when this all began.  They stated that Maple Road, the detour since 240^th Street’s closure does not flood as was stated in a previous meeting.  Mr. Arnold asked the commissioners if the State would pay for updates to Maple Road since their project necessitates upgrades.  Terry Graham indicated they probably would not.  Mr. Arnold said that after speaking with an engineer on the highway, there is a chance that 240^th Street may be re-opened due to political pressure.  Mr. Schweikert challenged statements made by residents at a previous meeting about the possible decrease in property values if the road remains closed and that 240^th Street is not a military road, but was built by either the county or state in 1872.  He feels the historical value is questionable.  His source for this is Ora Stewart.  Terry Graham indicated that the commission needs to get a feel for what the residents want.  Since it is Robert’s district and he isn’t here today, they will hold it until Monday.  Mr. Graham reiterated that they want to support the majority of the people on this. 

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

Jonathan and Sherry Hunt sat in on the meeting as Judy Orton, Bourbon County Appraiser, answered Mr. Hunt’s allegations against her valuation and cleared up some misunderstandings with Mr. Hunt’s previous statements.  As Mr. Hunt’s position was quoted verbatim, Ms. Orton’s is also. 

“Since the time that I was appointed as the Bourbon County Appraiser, I have worked very hard to do a good job of appraising all properties at their fair market value.  I have been in compliance every year with the state’s guidelines.  I feel that I have earned the respect and trust of the taxpayers, even when we don’t always agree.  I have always tried to do my very best to explain the appraisal process, everything that is involved in valuing all 11,870 parcels of property in Bourbon County as of January 1^st every year, and I strive to be fair and equal in that appraisal process.  I am on the agenda today to present information to you to show that Jonathan Hunt’s allegations during the September 12, 2003 county commission meeting are completely unjustified.  

The first step of appraising a property, or rendering an opinion of value on a property is the data collection process.  This process is achieved by physical inspection of the property.  For the appraisal process for taxation purposes, the State of Kansas requires an exterior inspection and measurements of the property.  This should be the process for any type of appraisal of a property.  During a recent phone conversation with Mr. Hunt I asked him if he had ever even seen my house.  He replied that he had not.  That will be obvious as I proceed. 

I will address the information which Mr. Hunt attempted to put into a spreadsheet from our current Inventory Content Sheets (ICS) which he had my office run for him on various individual’s properties, not only my property:

1.      At this time my office is working toward determining value for 2004, so there are improvements on the current ICS sheets which weren’t even built as of January 1, 2002.  Mr. Hunt did not ask for the ICS for the 2002 tax year, however, the year built of the buildings are listed on the ICS.

2.      YEAR BUILT - The year built of the homes on an ICS shows 1940 with an E behind it which indicates that we have given the house an effective age.  This means that the house may have originally been built prior to that, but because of renovations, remodeling, or additions built onto the house, the structure has been given a different effective year built.

3.      YEAR REMODELED – Hunt’s dwelling shows a remodel year of 1995 and a code 6 extensive, which means that the house has undergone extensive remodeling.  According to our state guidelines, this always results in an upgrade of one or more steps in the CDU and physical condition ratings. The records show that in 1990, the owners at that time made a 412 square foot addition to the house.  In 1995, those same owners added another 557 square feet of living area and totally gutted and remodeled the whole house.  This included new windows, new roof line and roof, new floors, new plumbing, new wiring, moved existing walls, new drywall, added a wrap-around porch, a fireplace, and a 1080 square foot attached garage (See picture).  A recent phone conversation with Lisa Ireland (the owner at the time of the remodeling) confirmed that they basically built a new house at that time, using new materials, with the exception of one room in the southwest corner that would still have the original foundation. With this new information, the Hunt’s effective year built is not correct at 1940 but should be much newer since the majority of the house was built new in 1995.  

     The Orton dwelling shows a remodel year of 1993 when a small, existing room upstairs was converted into a bathroom.  The records also show that central heat and air was added in 1997.

4.      GARAGE - Since attachment A, presented by Mr. Hunt, is referring to the 2002 tax statement, the information about the detached garage on the Orton property is incorrect.  The garage was started in December of 2002 and completed in 2003.  The addition of this structure will make subsequent year’s taxes on the property increase, but was not on the tax roll for 2002 since it wasn’t even built yet. (See aerial picture-dated August 2002)

5.      PORCH/DECK – Part of this area on the Orton property is a 12 X 16 deck, again built in 2002, not on the property as of January 1, 2002, so that value was not reflected in the 2002 taxes.

6.      OUTBUILDING VAL. (County) – For the tax year 2002 the figures are incorrect.  Hunt’s outbuilding valuation was $27,820 for 2002.  In the phone conversation referred to earlier with the former property owners, information about the Morton building, built in 1993, was also provided.  The cost to build the 78 X 96 Morton building was $45,000.  An additional $17,000 was spent putting the horse stalls in the building.    (See picture).  For 2002 the valuation of that building for tax purposes was only $27,040.   Since the deck and the detached garage were not built as of January 1, 2002, the Orton’s outbuilding valuation was $2780 for 2002.  The outbuildings consist mainly of a very old 40 X 60 pole barn, and an old barn with hayloft (a structure that is considered obsolete for present day farming operations). (See pictures)

7.      #OUTBUILDINGS – A clarification may be needed for this field.  It has already been established that two of the structures alluded to by Mr. Hunt, on the Orton property, were not built as of January 1, 2002.  The county ICS shows fields 701-710 as “other building & yard improvements.  This lists not only sheds, barns, and garages, but also decks and concrete slabs or patios.  On the Orton property , there are two RT2’s which are concrete slabs.  One is a 12 X 15 slab in the back yard under a basketball goal, and the other is a 6 X 22 sidewalk in front of a door on the east side of the Orton property, even though the state does not require sidewalks to be listed or taxed.  It is misleading to state that the number of items in the “other building & yard improvements” fields just be called outbuildings.

8.      ASSESSED VALUE/2002 – These figures are correct since Mr. Hunt took these from the 2002 tax statements.

9.      MARKET EST.(County) – These figures, supplied by Mr. Hunt, are incorrect.  The 2002 valuation which Hunt paid taxes on was changed during an informal hearing with the county appraiser on the Hunt property.  This informal hearing took place in 2002 after the change of value notices were sent out.  Correct market values for the properties for 2002 are :   Hunt - $128,950              Orton – $69,500

10.  2002 TAXES – These figures are correct since Mr. Hunt took these from the 2002 tax statements. 

As you can see, there are numerous differences in these properties.  The adjustments that need to be made in order to compare them are great.  The grade differences in the houses, the CDU, and the physical condition for the year built ,which are main factor in the valuation process, were not even addressed by Mr. Hunt.  The Hunt property is located on a blacktop road, which makes it more desirable.  The Orton property is located on a gravel road, which makes it less desirable.  The Hunt property was basically a new house in 1995, on one level with a modern floor plan, a fireplace, and an attached garage.  The Orton property is a basic older 2-story farmhouse with only one bedroom on the first floor and a couple of rooms added on in the 60’s, with predominately plaster walls.  The barns are not comparable in the least. (Pictures)  In fact, the cost to build the Morton building with the horse stalls in 1993 was more than what was paid for the Orton property, which included 40 acres, when it was purchased in the same period of time in a fair market value transaction. 

Another reason why taxes may not be equal, even when property values are similar, is the difference between the mill levies in different taxing districts.  The 2002 Mill levies for the two taxing districts that the properties are located in show quite a difference.  According to the 2002 tax statements the 2002 Mill Levy for Drywood Township tax unit 085, which Hunt’s property is located in, was 127.726.   The 2002 Mill Levy for Freedom Township tax unit 017, which Orton’s property is located in, was 123.048.  This amounts to a 4.6 mill difference.  For illustration purposes only, a $100,000 property located in Orton’s taxing district would be $53.80 less in taxes than the exact same value of property located in Hunt’s taxing district.   

According to the official minutes of September 12, 2003 commission meeting Mr. Hunt said that he is not opposed to paying his fair share of property taxes.  The classification of Hunt’s property was changed from farmstead rural to residential rural in the 2002 informal hearing with the county appraiser, at Hunt’s request.  The taxes that he would have paid on the 78 X 96 Morton building were lowered from what would have amounted to $863.43 when assessed at the 25 percent assessment ratio of agricultural buildings, to only $397.18 as a residential rural building.  This shows that other taxpayers may be paying over twice the amount of taxes on their barns than Hunt is.  Hunt was allowed the residential rural classification because they are paying taxes on the market value of the small acreage that they own, rather than at the agricultural use value that is given to agricultural properties.” 

Ms. Orton’s other documentation included photographs of the Hunt property and the Orton property, Inventory Content Sheets (ICS) for both properties, and the 2002 property tax statements for each property. 

Ms. Orton also stated that the Hunts were given some inaccurate information regarding the property taxes by their realtor prior to purchase.  A one (1) was inadvertently left off the taxes leaving only $900 as the taxes instead of $1,900.  When the Hunts stated that people are penalized for keeping a nice house, Ms. Orton stated that desirability is a key component in assessing valuation.  Commissioners received notification from the Kansas Department of Revenue stating that the Appraiser’s Office is in substantial compliance with state assessment guidelines. 

Ms. Orton explained several aspects of the appraisal process, including the fact that the county only does an external inspection unless asked inside by the owner for specific purposes.  She also stated that, due to the extensive remodeling of the Hunt house, it is effectively a 1995 house and is more desirable because it is on a blacktop road and has a very nice barn.  She stated that remodeled houses are the most difficult to appraise. 

Mrs. Hunt asked Ms. Orton if she had had an independent appraisal of her property in the past two years.  Ms. Orton indicated she hadn’t.  Mrs. Hunt, a mortgage broker, asked Ms. Orton if she would be surprised to hear that her property was worth $150,000.  Ms. Orton indicated she would.  Though the Hunts admit they have never seen Ms. Orton’s property, they indicated that when they were house-hunting, had it been on the market, they would have easily paid $150,000 for it, indicating that they sold a farm house with small acreage in Minnesota for $211,000. 

Commissioners suggested the Hunts take their complaints to the State Board of Tax Appeals, but warned that they could find their house isn’t valued high enough and could raise it.  Mr. and Mrs. Hunt reiterated that they want to pay their fair share but want to see comparable properties.  Ms. Orton indicated that she may have to show them a comparable house and then a comparable barn and merge them together for a full comparison.  Commissioners will wait until Robert Query returns to be updated on this information before going further with the written response Mr. Hunt asked for in his prior statement. 

Verdon Dauben spoke to commissioners about 240^th Street. 

Susan Quick, County Treasurer, stated she is the United Way representative for the county and asked if a United Way banner could be placed in the courthouse yard.  Commissioners approved the request provided the sign doesn’t block the view of any of the monuments in the yard.

Ms. Quick also spoke to the commissioners about the tax sale.  Othick Abstract Company has indicated there will be a delay of several months in providing the research on the properties due to the absence of one of their employees.  Ms. Quick asked the commissioners if she or they could contact Othick to get the ball rolling, as Dan Meara, the attorney in charge of the sale has already hired help to work on it and time is of the essence.  Commissioners asked Ms. Quick to call and see if someone else can assist with the work.  Ms. Quick reported back shortly thereafter that someone was indeed working on it and that 50 parcels had been researched to date. 

Ms. Quick also reported that upon returning from a Treasurers meeting, she has sent an additional letter out to those people with back taxes in an effort to increase collections. 

Joanne Long asked the commissioners if the county would be providing flu shots to courthouse/county employees this year.  Commissioners initially said no but then agreed to pay for half of the $12 shot.  A notice was sent to all departments.  The flu shots will be given between 10:00 am and noon on Tuesday, October 28, 2003. 

Ms. Long also asked the commissioners how many would be attending the Southeast Kansas, Inc. breakfast at the Best Western next Wednesday morning.  Commissioners indicated that they would send one person. 

Ms. Long stated that Don Russell has asked the Commissioners to write a letter to the City of Fort Scott regarding the Industrial Revenue Bond for Sekan Printing Company.  Commissioners authorized Ms. Long to write such a letter. 

Marty Pearson, shop foreman, spoke to the commissioners about used oil the county has.  Previously the County has paid to dispose of the oil but Mr. Pearson asked about a Waste Oil Heater which would get rid of the oil and provide a heat source for the barn.  Commissioners will consider it.  Mr. Pearson also asked about pouring a concrete slab in the county barn as a place to work on equipment and asked about attending a hydraulic troubleshooting class.  Commissioners want to wait until next year for both, due to the budget crunch.  Mr. Pearson also asked about implementing the use of Purchase Orders in the Public Works department to eliminate unnecessary purchases.  Commissioners like the idea and approved it. 

Doylene Kennedy spoke to the commissioners about an illegal dump site grant application, the easements the county recently purchased for the Fulton Bridge project and monitored wells.  Commissioners asked Ms. Kennedy to see who monitors the wells in Allen County.  Ms. Kennedy reported that that person wasn’t in the office today but she would speak to her 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:

September 22, 2003    Monday      9:00 am 

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

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

Robert Query informed the other commissioners that he would not be at the meeting this Friday as he is working at the Pioneer Harvest Fiesta. 

Terry Graham informed the other commissioners that the county received documentation from KDOT on their research into the location of the Riley Cemetery.   

Gary Houston signed paperwork for an illegal dump site cleanup. 

Verdon Dauben and Bob Schweikert met individually with commissioners to discuss 240^th Street. 

Darrell Evans spoke to the commissioners.  He is going to open a garage and wanted to know of any zoning or licensing requirements the county has.  The commissioners informed him that the county has no zoning, only septic requirements and reminded him to get a sales tax number.  Commissioners wished him luck in his business. 

Sheriff Harold Coleman updated the commissioners on his plans to train courthouse personnel on safety and other matters.  He has spoken to Patty Gorman at the Red Cross and it offers CPR and First Aid classes.  He also mentioned the possibility of the fire department demonstrating fire extinguisher safety. 

Joanne Long asked the commissioners to name a voting delegate and alternate to the Kansas Association of Counties meeting in November.  Commissioners named Terry Graham as delegate and Joanne Long as alternate. 

Sheriff Coleman spoke to the commissioners about a culvert. 

Jim Ivey, Murphy Tractor Company, and Richard Johnson, Martin Tractor Company, met separately with the commissioners to discuss purchasing one or two road graders for the County.  No action. 

Mrs. Loyd “Gene” Wilson spoke to commissioners about a problem road near Bronson. 

Joanne Long asked the commissioners if they want to publish a request for quotes for the County’s health insurance.  Commissioners said they did.  Ms. Long will publish the request for one week in the Fort Scott Tribune. 

Terry Graham reminded the commissioners that Ed French is resigning his post as Emergency Preparedness Director, effective December 31, 2003.  He stated that two people have expressed interest:  Doylene Kennedy and John Larsen.  Commissioners decided to have the position published for a broader reach. 

Lewis and Jeanne Kalm, residents of Maple Road spoke to the commissioners about 240^th Street.  They would like to see Maple Road improved and 240^th Street kept closed.  Robert Query stated that there is a lot of traffic on Maple Road now and he agrees there should be improvements if 240^th Street is kept closed.  They are waiting on a decision until they hear from the State on whether 240^th will re-open.  Also, the amount of improvement will be a factor if and when the time comes.  All commissioners agreed the road should probably be chip and sealed, but there is a question as to how much road and whether the S Curve should or can be straightened.  Robert Query stated that it is too late in the season to do anything but base work this year. 

Joanne Long asked about the InfiniTec contract.  After much discussion, commissioners asked Ms. Long to contact Doug Rozean and get numbers on the contract without the RVI and Web Modules and paying for the AS400 up front with annual maintenance payments for the ITTS.  They would like to wrap up this matter next Monday. 

After routine business, the meeting adjourned at 12:43 pm. 

                                                                            THE BOARD OF COUNTY COMMISSIONERS

                                                                            OF BOURBON COUNTY, KANSAS 

                                                                            (ss) Terry Graham, Chairman 

                                                                            (ss) Gary Houston, Commissioner                ATTEST:

September 26, 2003            Friday  9:00 am 

The Bourbon County Commission met in open session with Terry Graham and Gary Houston present.  Joanne Long was present.  Robert Query was absent due to working at the Pioneer Harvest Fiesta.  Minutes of the previous meeting were read and approved. 

Doylene Kennedy informed the commissioners that Kenneth Floyd sold his property, including the easement Bourbon County purchased.  Mr. Houston will contact Mr. Floyd about returning the check and contacting the new owner about purchasing the easement. 

Ms. Kennedy also spoke to the commissioners about the courthouse door locking situation.  For the last week, the doors have been kept locked until 8:30 am, and she would like the commissioners to consider changing it to 8:20 am.  She cited people having to wait in the weather for the doors to be unlocked and employees with health problems that preclude them from using the stairs not having access to the elevator until 8:30, making them late for work.  Commissioners will consider the matter. 

Joanne Long informed the commissioners that she received word from the County Health Department that flu vaccine prices will be increasing.  The Department will find out next week and notify us of the new cost. 

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

Larry and Carol Faulkner, Darrell and Cindy Clements, Karen Hines and J.R. Stewart met with the commissioners to discuss 240^th Street.  Upon being asked whether the State had updated the commissioners, Terry Graham said he had not heard anything but wasn’t sure about Robert Query, since he was not at the meeting today.  The group feels that they are getting mixed messages and asked if there could be a meeting with all parties to get accurate information.  Terry Graham called Roger Alexander’s office, speaking to Mike Bright, and relayed the request.  Mr. Bright will have Mr. Alexander contact the Commission early next week.  The residents asked that the meeting be held in the evening to accommodate those people who work during the day and asked that everyone in the area on 240^th, Maple Road and any others who have met with the Commission about it be notified of the meeting. 

Jim Harris, Barry Tractor Company, presented a quote for motor graders.  Mr. Harris suggested the commissioners contact Allen County for a reference. 

Clyde Killion gave a road report. 

Commissioners discussed littering along county roads. 

Sheriff Coleman updated the commissioners on CPR and other training schedules.  With a cost of $15.00 per person, commissioners decided to pay for up to two employees per department/office, excluding the sheriff correctional center.  A sign up sheet will go around shortly. 

Marty Pearson spoke to the commissioners about repairs to a county truck. 

Alec Beth spoke to the commissioners about a situation in the jail.  A prisoner has medical needs 7 days a week, but the nurse is only on duty Monday through Friday.  He could have her come in on weekends and pay overtime, have an officer take the individual to the emergency room on weekends and pay that cost or contract with a nurse to come in part-time on weekends to tend to the prisoner.  Commissioners approved the last option. 

Commissioners reviewed all three proposals for road graders.  No action at this time. 

Gary Houston made the motion to declare the week of October 5-11, 2003, as 4-H week in Bourbon County.  Terry Graham seconded and both voted in favor.  This will coincide with National 4-H week. 

After routine business, the meeting adjourned at 12:05 pm. 

                                                                           THE BOARD OF COUNTY COMMISSIONERS

                                                                           OF BOURBON COUNTY, KANSAS 

                                                                           (ss) Terry Graham, Chairman 

                                                                           (ss) Gary Houston, Commissioner 

                                                                           (ss) Robert Query, Commissioner 

ATTEST:

September 29, 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 corrected. 

Doylene Kennedy informed the commissioners that she received two prices for checking the landfill wells—Pace for $2,525 and Burns & McDonald for $2,600.  Terry Graham made the motion to accept the price from Pace.  Gary Houston seconded and all voted in favor. 

Lee Davis requested permission to purchase a new battery charger.  No action. 

Commissioners approved bills and payroll for the period. 

Eric Shoemaker asked commissioners if 235^th Street was on the schedule for work this year.  Gary Houston said it was, and the weather would determine whether it is asphalted or chip and sealed. 

Verdon Dauben stopped in to reaffirm to commissioners that he wants 240^th Street to remain closed. 

Doug Metcalf reminded commissioners of the Domestic Violence Awareness Rally on the courthouse steps this Friday at noon. 

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

Commissioners signed a contract for engineering inspection for the Fulton bridge project. 

Terry Graham made a motion to appoint Joanne Long as delegate and Gary Houston as alternate for the KWORCC meeting at KAC.  Gary Houston seconded and all voted in favor. 

In the afternoon session, Doug Rozean and Sonny Sagar of InfiniTec met with commissioners about the county’s computer contract.  Two new proposals were presented.  The first was the original contract with RVI and web modules calculated to the new figures for the quarter and the second was at the commissioners’ request without those two packages.  After much discussion, commissioners asked that paperwork be drawn up for the second proposal including annual payment dates and amounts for consideration on Friday.  This proposal is for three years at a total of $184,809.15 and includes a new AS400 mainframe computer, block time, and education. 

Commissioners discussed charge accounts at the transfer station.  No action. 

After routine business, the meeting adjourned at 2:45 pm. 

                                                                THE BOARD OF COUNTY COMMISSIONERS

                                                                OF BOURBON COUNTY, KANSAS 

                                                                (ss) Terry Graham, Chairman

                                                                (ss) Gary Houston, Commissioner

                               &nbs