August 2, 2004         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. 

Terri Johnson mentioned that she bought several file cabinets at the USD 234 auction last week to help with storage.  The commissioners will view the basement later this morning to see where the cabinets can be placed.

Commissioners also gave the county attorney the paperwork from Fire District 3 concerning disbursements to Fire District 5.  She will review them and report back. 

Sharon Elder and Terri Johnson spoke to the commissioners about Mr. Davis.  He filed his deed on Friday without speaking to the county attorney as he was told.  Sharon has questions about the procedure and is going to speak to Fern Wratchford in the appraiser’s office.  Terri Johnson will contact Judy Moler at the Kansas Association of Counties. 

Charlie Blevins met with commissioners but decided to come back Friday when the press is present. 

Marty Pearson reported that a coal truck just ran a stop sign on Eagle Road going into Garland.  Robert Query turned the truck in and reminded the Phoenix Coal Company that the designated coal road is Deer Road. 

Laura Hyer spoke to commissioners about emergency preparedness. 

Commissioners viewed storage in the basement. 

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

                                                                              THE BOARD OF COUNTY COMMISSIONERS

                                                                              OF BOURBON COUNTY, KANSAS 

                                                                              (ss) Robert Query, Chairman 

                                                                              (ss) Gary Houston, Commissioner 

                                                                              (ss) Terry Graham, Commissioner

ATTEST:

August 6, 2004         Friday  9:00 am 

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

Clyde Killion gave a road update. 

Doylene Kennedy presented a sales tax report for the Landfill.  Robert Query signed it. 

Susan Quick met with commissioners to discuss the upcoming tax sale.  Commissioners decided to hold in November 12, 2004.  There are currently 36 parcels to sell at this time with an additional 50 that Othick’s is researching.  Those will sell sometime after the first of the year.  Commissioners agreed that the buyer will be responsible for 100% of the 2004 taxes, just like the last sale.  It will be announced before the sale.  Susan mentioned that Othick Abstract Company has indicated that they are not interested in doing any more tax sales. 

Ms. Quick indicated that 53 properties have been redeemed since the tax sale process has begun this year.  She clarified for the commissioners that those persons on the payment program for delinquent taxes must be caught up before the property is eligible for sale. 

Charlie Blevins met with commissioners to discuss the tax sale.  He said that the sheriff and county attorney were on their way up.  He also wanted the newspaper present.  Sheriff Coleman arrived for the meeting.  Mr. Blevins is very upset about the progression of the tax sale.  As a taxpaying citizen he feels it is negligent that these people have been allowed to slip by for over 8 years without paying their taxes while he and thousands more pay theirs every year and live without things in order to keep up.  Commissioners explained the lengthiness of the process from researching the property to notifying all those with an interest and publishing the notices in the paper that it takes a long time to get to the actual sale.  Mr. Blevins was not satisfied and feels something needs to be done.  He feels another lawyer or another abstractor can do the work faster.  Commissioners explained that only Othick and Dan Meara answered the request for working the tax sale.  The gentleman that Mr. Blevins spoke about from Linn County the last time has never contacted Bourbon County.  Gary Houston called an abstractor but he wasn’t interested as long as Othick’s was involved.  Mr. Blevins said that it’s not right and he asked for all three commissioners’ resignation.  Robert Query told Mr. Blevins that he would resign January 1.  Charlie told Robert that he was glad he got beat in the election.  Robert said he was glad too. 

Harold Coleman spoke with commissioners about raises for the employees he mentioned during the budget process, including himself.  He said that everything is running smoothly without replacing the correctional center administrator and the employees who have taken on additional responsibilities should be compensated beginning August 1, 2004.  Commissioners said they would think about it and let him know. 

Sheriff Coleman also spoke to commissioners about a situation where a landowner is putting rebar in the ground in a ditch on 240^th Street to keep people from driving into it while avoiding a chug hole.  As the ditch is actually the county’s right-of-way, the landowner has no rights to do this and it is endangering motorists.  Robert Query informed the Sheriff that he advised Clyde Killion to hammer any rebar he finds flat into the ground to avoid future problems. 

Robin Hixson, reporter with the Fort Scott Tribune, stopped in to find out what happened with Charlie Blevins as she was directed to another story and was unable to be here. 

Robert Query left the meeting at 10:45 am. 

Lee Davis stopped in.  Commissioners asked him when is a good time to spray sericea lespedeza.  Mr. Davis said when it is blooming. 

After some discussion, Terry Graham made a motion to amend the salary resolution to provide additional compensation to six employees in the Sheriff and Correctional Center departments who have taken on extra responsibilities with the elimination of the administrator position.  Gary Houston seconded and both voted in favor.  Resolution 16-04 was written and signed for this purpose. 

After routine business, the meeting adjourned at 12:07 pm.         

                                                                              THE BOARD OF COUNTY COMMISSIONERS

                                                                              OF BOURBON COUNTY, KANSAS 

                                                                              (ss) Gary Houston, Commissioner 

                                                                              (ss) Terry Graham, Commissioner

ATTEST:

August 9, 2004   Monday      9:00 am 

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

Laura Hyer informed the commissioners that she will be in certification courses Tuesday through Thursday of this week, therefore contact Ed French in case of emergency.  She also invited the commissioners to look at her basement office. 

Clyde Killion discussed the landfill and gave a road update. 

Roger Lee discussed a complaint to the Kansas Department of Health and Environment about cars in the flood plain.  Roger is to talk to the person responsible. 

At 9:30 am, the Board of Canvassers convened to finalize the Primary Election results and to rule on Provisional Ballots.  Joanne Long and Cecelia Key presented the election information.  Of 99 Provisional Ballots, 67 were deemed valid and were counted.  Officials encountered the same difficulty with the ballots as on Tuesday night.  Two ballots finally had to be counted by hand and added to the computer total.  Joanne Long indicated that the ballot counter company would like 2-3 blank ballots of each type for testing to discover the problem.  Commissioners allowed the clerk to send three of each ballot for testing.  The Board signed the abstract of votes certifying the results of the Primary Election. 

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

                                                                              THE BOARD OF COUNTY COMMISSIONERS

                                                                              OF BOURBON COUNTY, KANSAS 

                                                                             (ss) Gary Houston, Commissioner 

                                                                             (ss) Terry Graham, Commissioner

ATTEST:

August 13, 2004  Friday        9:00 am 

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

Bills and payroll for the period were approved. 

Clyde Killion gave a road report.  He also presented a request from the railroad for asphalt near Hammond.  Commissioners approved the request. 

Tom Metcalf met with commissioners about a dog problem in Devon.  There are four dogs that are often running at large and people are afraid to even get their mail without carrying a stick.  They have even allegedly bitten a teenage girl.  Is there a way to enact an ordinance for non-incorporated areas of the county?  There is a resolution forbidding menacing animals, commonly known as the pit bull resolution, even though it covers more than just pit bulls.  The commissioners will speak to the county attorney about the resolution. 

Gary Houston made a motion to appoint Joanne Long as voting delegate, Terry Graham as 1^st alternate and Gary Houston as 2^nd alternate for the KAC conference this November.  Terry Graham seconded and both voted in favor. 

Terry Graham received a letter in the mail complaining about practices during the Bourbon County Fair in which several 4-Hers were denied participating in the sale.  Terry Graham brought the letter to the Extension Office. 

Tom Oast, Galaxy Energy, met with commissioners to discuss a proposed gas lease on the Elm Creek Lake property.  His company is already in the neighborhood dealing with individuals and would like the County to get involved.  Concerned with public safety issues, the commissioners asked how many wells and would they be covered.  Mr. Oast only uses one well per 40 acres and any above-ground apparatus would be fenced off for safety.  He said the county would receive 1/8 royalty for any sales.  Commissioners would like to talk it over with Robert Query when he’s here and will meet with Mr. Oast again next Friday. 

Lynn Smith met with commissioners to discuss computer issues.  With Monique Umphenour quitting next month, we will need another back-up computer systems operator.  Lynn asked the commissioners how to proceed with the search.  They advised Ms. Smith to ask each department head if they have anyone in mind, if anyone is interested or to tell them who you’re considering so they can have input.  Commissioners would like Ms. Smith to handle it, as the commissioners wouldn’t know what to ask a potential candidate. 

Ms. Smith also spoke about wiring issues.  Now, the PC’s are being run to routing boxes and then to the computer room.  Increased workflow has caused a log jam of information in the routing boxes and is causing computers to lock up, especially in the Clerk’s Office.  Infinitec suggests running cables directly from a PC to the computer room to avoid this problem.  This would be a case by case situation.  A local electrician could do the wiring and Infinitec could come in afterwards to do the final hook-ups.  It would be less expensive.  Also, it is suggested to use newer CAT6 wiring for any updates rather than the CAT5 wiring that is in place now.  Commissioners asked Ms. Smith to look into it for the Clerk’s Office. 

Laura Hyer reported on her certification training this week.  She learned how to include Bourbon County in future grant awards and learned that Bourbon County has the worst occurrence of flooding in the State.  That will help us, in being granted aide.  She feels that communication and flooding are major problems in Bourbon County.  She would like all political entities involved in LEPC to get together to try to stop the political squabbling that is occurring.   

Terri Johnson met with commissioners to discuss the dogs running at large in Devon situation.  There is a state statute as well as the county resolution concerning the matter, though they vary on penalties and the future of the animal.  She feels the resolution and law cover the problem and enforcement is the issue.  There need to be police reports detailing the problem and a pattern of behavior so that prosecution can be an option.  The commissioners and the County Attorney will speak with the Sheriff about reports. 

Commissioners spoke with Doylene Kennedy about Flood Plain Management.  The County is liable for any construction in the flood plain, regardless of whether or not a landowner is aware they are in the flood plain.  Doylene will be writing a letter to all individuals who own property in the flood plain which will notify them of their flood plain status, as well as advise them that before any construction is started in the flood plain, the owner must first get a permit from the County and, depending on the structure, an engineer must approve the plans for the building.  Commissioners agreed not to charge for a permit at this time; however they would like some signature or proof that the land owner has been given the information. 

Ms. Kennedy also notified the commissioners that she will no longer be LEPC secretary effective September 1, 2004. 

Darrell Spencer, Director of Security of the correctional center, met with commissioners to request that a wall in the office be moved 3’ to accommodate a row of filing cabinets.  It’s in the file cabinet room on the far east of the main office and is not a retaining wall.  He has two quotes.  One, which will tear down the existing wall and rebuild another, is from X-Treme Construction for $4,465.00.  The other, which will remove and relocate the existing wall, is from Collins & Son for $1,347.00.  Commissioners approved the work to be done by Collins & Son. 

Commissioners spent the rest of the morning discussing air conditioners.  After discussion, Terry Graham made a motion to purchase a Lennox Aire-Flo air conditioner, from Norris Heating and Air, for the Computer Room for the price of $1525.00.  Gary Houston seconded and both voted in favor. 

Terry Graham also made a motion to purchase a Carrier 7.5 ton air conditioner, from DC Refrigeration, for the Treasurer’s Office for the price of $5830.00.  Gary Houston seconded and both voted in favor. 

Commissioners tabled a decision on the Register of Deeds air conditioner. 

After routine business, the meeting adjourned at noon. 

                                                                              THE BOARD OF COUNTY COMMISSIONERS

                                                                              OF BOURBON COUNTY, KANSAS 

                                                                             (ss) Robert Query, Chairman 

                                                                             (ss) Gary Houston, Commissioner 

                                                                             (ss) Terry Graham, Commissioner

ATTEST:

August 16, 2004          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. 

Clyde Killion gave a road report. 

Harold Coleman reported that he has hired Mike Feagins as a deputy to replace Jim Blair.  He asked that Feagins start at full pay because he is already a trained officer.  Commissioners approved the request. 

Clyde reported on vandalism at Elm Creek Lake over the weekend.  A shelter house was severely damaged, including destruction of an electric meter.  Commissioners discussed ways of deterring the vandalism. 

Bill Keith, Doylene Kennedy, Clyde Killion and Dennis Meier met with commissioners to discuss new regulations affecting the landfill.  Mr. Meier explained that there needs to be 12” of acceptable cover over all trash.  That cover must be tested before its use and must be done every 120 days or 2,000 tons of trash, whichever is first.  Since the County has no stock pile of dirt, we need to start working on that.  Commissioners suggest speaking to the construction company for the Highway 69 expansion.  Clyde Killion will do that.  Mr. Meier also suggests transferring the trash into one pile to lessen the amount of cover yards needed. 

Dale & Betty Russell spoke to commissioners about dust on their road caused by semi trucks for an oil and gas company.  Commissioners will speak with the company to see how long they will be in the area and to see if they will assist with dust control. 

A public hearing was opened at 10:00 am, for the purpose of discussing the proposed 2005 Bourbon County budget.  Those present were the commissioners and the county clerk.  At 10:30 am, after hearing no opposition, Robert Query made a motion to adopt the 2005 Bourbon County budget, as published with a 2 mill decrease and $26,488 fewer levied taxes from 2004.  Terry Graham seconded and all voted in favor.  The public hearing was closed at 10:30 am. 

Commissioners discussed possibly raising C&D gate fees at the landfill to help alleviate the costs of the cover.  No action at this time. 

Marlon Schroeder, general manager of Smith & Chambers, met with commissioners to discuss why his trucks are being turned away at the landfill.  He explained that he doesn’t have any trouble in any other Kansas Counties and wanted to know what’s different in Bourbon County, since it was originally agreed to allow his loads.  Commissioners explained that there are new regulations ordered by the Kansas Department of Health & Environment (KDHE) that the County must abide by and that we were informed that the loads Smith & Chambers has are not under KDHE’s definition of Construction & Demolition (C&D).  The commissioners cannot comment on what other counties do or do not allow at their landfills.  They recommend Mr. Schroeder contact KDHE and explain what his loads consist of to determine if they fall under the definition of C&D. 

Based on recommendations from Delwin Mumbower, Robert Query moved to appoint the following as trustees and alternates to the Fire District 3 Board: 

                Station              Trustee              Alternate

                Bronson             David Edwards    David Harper

                Uniontown          Larry Arndt         Jared Lord 

Terry Graham seconded the motion and all voted in favor. 

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

                                                                    THE BOARD OF COUNTY COMMISSIONERS

                                                                    OF BOURBON COUNTY, KANSAS 

                                                                    (ss) Robert Query, Chairman 

                                                                    (ss) Gary Houston, Commissioner 

                                                                    (ss) Terry Graham, Commissioner

ATTEST:

August 20, 2004  Friday        9:00 am 

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

Clyde Killion gave a road report. 

Tom Oast with Galaxy Energy met again with commissioners to discuss possibly signing a gas lease with the County at Elm Creek Lake.  It would pay $3.00 per acre.  No action at this time. 

Harold Coleman met with commissioners.  He stated that a computer in the Correctional Center was broken and would cost a great deal to repair.  Mr. Coleman also spoke with commissioners about an Animal Response Team which would include one person from every office in the courthouse to collect data in the event of a quarantine. 

Lynn Smith reported that Diana Durbin will be the new computer systems assistant, effective September 1, 2004. 

Don Banwart and Paul Pavey met with commissioners concerning the finances of Fire District 5.  There are differing opinions about how much money is owed to Fire District 5 from Fire District 3.  Paul Pavey suggests there be a meeting with involved parties to hash out a solution.  It will be Thursday, August 26, 2004, at 7:00 pm in the Commission Room.  Those invited are Gary Houston, Paul Pavey, Don Banwart, Don Bloesser, Delwin Mumbower, Josh Perry.  This will be a closed meeting. 

Laura Hyer spoke with commissioners.  Since Doylene Kennedy will no longer be her secretary, she wants the additional $60 per month until January 1, 2005.  Commissioners approved the request, effective September 1, 2004. 

Ms. Hyer also discussed poor attendance by cities to the LEPC meetings.  Also, her printer is broken.  Commissioners approved the purchase of a new printer. 

Laura recommends Harold Coleman be named as stand-in when she is unavailable.  He would need some training.   

David Neville asked to remove the old boiler from the correctional side to salvage parts from it and then dispose of it.  Commissioners would like the boiler inspector to see if it is useful as a backup. 

Commissioners discussed the situation of how to address the properties that used to be on Highway 54.  With the re-alignment of the highway, it is not in the best interest of safety to keep the Highway 54 addresses.  There has been a request from some of the residents to call it “Old Highway 54” but it lines up with Locust Road.  After discussion, for the safety and welfare of the residents in the area, it was decided to call it Locust Road. 

Wilma Graham inquired into the progress of chip and seal for Redfield.  No date at this time. 

After routine business, the meeting adjourned at 12:10 pm. 

                                                                                THE BOARD OF COUNTY COMMISSIONERS

                                                                                OF BOURBON COUNTY, KANSAS 

                                                                                (ss) Robert Query, Chairman 

                                                                                (ss) Gary Houston, Commissioner 

                                                                                (ss) Terry Graham, Commissioner

ATTEST:

August 23, 2004       Monday         9:00 am 

The Bourbon County Commission met in open session with Robert Query and Terry Graham present.  Gary Houston arrived at 10:10 am after viewing a road problem. 

Jason Silvers, reporter with the Fort Scott Tribune, was present. 

Clyde Killion gave a road report. 

Commissioners asked each other if they’ve decided on what to do about the Elm Creek gas lease.  They want to wait and see what happens in the area. 

Clyde and Robert left the meeting to view Deer Road.  When they returned, Gary Houston was here.  Robert Query reported that Truck #19 of Diamond Trucking was warned for driving on an illegal road. 

Joanne Long presented Resolution 17-04 and 18-04 for consideration.  17-04 is a petition to amend the KAC bylaws to create a Legislative Policy Committee and 18-04 is certifying the review and revision of the Bourbon County Solid Waste Management Plan.  Robert Query moved that they be adopted.  Terry Graham seconded the motion and all voted in favor. 

Bob Davis stopped in.  He informed the commissioners that he purchased the right-of-ways from Joe Antrim and Kent Robertson so that should settle his entry problem.  He asked if the commissioners would sell him some ground up asphalt for a base for a driveway.  Commissioners informed Mr. Davis of the prohibitions of selling product to the private sector and directed him to check with the highway project at the north end of town. 

Commissioners received a request for a letter of support to Fort Scott Community College in its efforts to obtain a grant for walking trails at the college.  After discussion, commissioners agreed to write the letter. 

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

                                                         THE BOARD OF COUNTY COMMISSIONERS

                                                         OF BOURBON COUNTY, KANSAS 

                                                         (ss) Robert Query, Chairman 

                                                         (ss) Gary Houston, Commissioner 

                                                         (ss) Terry Graham, Commissioner

ATTEST:

August 27, 2004       Friday  No quorum--no meeting. 

August 30, 2004       Monday         9:00 am 

The Bourbon County Commission met in open session with Terry Graham and Robert Query present.  Gary Houston arrived at 9:08 am.  Minutes of the previous meetings were read and approved.   

Jason Silvers, reporter with the Fort Scott Tribune, was present.

Clyde Killion gave a road report. 

Chemical quotes were opened.  Three quotes were received for Escort XP.  They were from Van Diest, UAP/Timberland and Vegetation Management.  All three quotes were identical in price so commissioners drew a name out of a hat to pick a company.  Van Diest was the winner. 

Bills and payroll for the period were reviewed and approved. 

Commissioners received the annual work plan and financial statements for Bourbon County Soil Conservation. 

Lee Norris reported that the work on re-location of a wall in the correctional center office was completed over the weekend and the contractor would like paid this pay period.  She also mentioned that other accounts payables she presented for payment last Friday were told they were too late for this period and would be paid on the 15^th.  Commissioners discussed when to pay the contractor bill since cut-off has past.  After lengthy discussion with the County Clerk’s office, it was decided to enter the contractor bill to be paid on the 31^st but that all other bills would wait until the 15^th.  Also, the commissioners will sign a memo to all department heads outlining a specific cut-off for all accounts payable so there is no question in the future. 

After routine business, the meeting adjourned at 11:45 am. 

                                                                   THE BOARD OF COUNTY COMMISSIONERS

                                                                   OF BOURBON COUNTY, KANSAS 

                                                                   (ss) Robert Query, Chairman 

                                                                   (ss) Gary Houston, Commissioner 

                                                                   (ss) Terry Graham, Commissioner

ATTEST: