June 4, 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. 

Lee Davis spoke to the commissioners about phone quotes for Remedy.  Three were received.  They were: 

Commissioners authorized purchase from the lowest quote, UAP/Timberland. 

Robert Query presented the check from Dunn Auction Service for the profit from the County auction last month.  The County netted $9,367.00.  Those funds will be reimbursed to the Road & Bridge and General Funds. 

Robert Query suggested making the Commission Chairman seat full-time by subtracting 25% of the salaries from the other two commission seats.  That way the chairman would be at the courthouse five days a week to ensure that decisions made during the meetings were being followed through and also that a commissioner would be available during the week to sign paperwork, etc.  Gary Houston commented that he’s always just a phone call away and has never had a problem coming in during the week if needed, but didn’t think a full-time commissioner was a good idea.  Terry Graham would like to check with the Kansas Association of Counties before discussing it further.  No action. 

Laura Hyer, reporter with the Fort Scott Tribune, and incoming LEPC Chair, was present.  There was discussion of where her office will be.  She has set up an office in the Public Works office on the 2^nd Floor.  Terry Graham mentioned that Richard Nienstedt said that the City could find a space for her if she wishes. 

Doylene Kennedy informed the commissioners that they need to file a new 5-year bridge plan. 

After routine business, the meeting adjourned at 10:20 am. 

                                                                             THE BOARD OF COUNTY COMMISSIONERS

                                                                             OF BOURBON COUNTY, KANSAS                            

                                                                             (ss) Robert Query, Chairman 

                                                                             (ss) Gary Houston, Commissioner 

                                                                             (ss) Terry Graham, Commissioner

ATTEST:

June 7, 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. 

Laura Hyer was present. 

Joanne Long spoke to the commissioners about what benefits, if any, Laura Hyer would be offered when she becomes LEPC Coordinator.  Commissioners agreed to offer her the same that was given to Ed French—half payment of insurance by the county/half payment by the employee. 

Jerry Williams of the Southeast Kansas Area Agency on Aging met with the commissioners to request payment for 2004 and to present a budget request for 2005.  He is asking for the same $960 as in previous years.  Mr. Williams reminded the commissioners how area aged are helped with the programs offered and informed them of areas that have been cut by the State beginning July 1. 

Commissioners reviewed the 5-yr bridge plan.  No action at this time. 

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:

(ss) Joanne Long, County Clerk 

June 14, 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.   

Commissioners discussed an accident this weekend at Elm Creek Lake.  A car went over the north side of the dam.  There was discussion as to a solution to keep this from happening.  Commissioners also heard about the wreck by phone from Lou Howard of the Hiattville Fire Department.  Ms. Howard urges the commissioners to find a solution, as this is the third accident in about six months at this site.  Possible solutions included gating the dam off after dark, sheriff patrols and having a full-time caretaker.  No action at this time. 

Commissioners received the paperwork for the refinance of the rock crusher and asphalt plant.  We are moving from CNB to UMB for a lower interest rate.  Citizens offered the same rate but there would have been about a $6,000 charge to re-work the bond paperwork.  Robert Query made the motion to adopt the lease purchase, including Resolution 11-04.  Terry Graham seconded and all voted in favor.  The paperwork was signed by the chairman. 

Harold Coleman spoke with the commissioners about the Elm Creek Lake situation and informed the Board that he purchased a 2000 GMC pick-up truck and traded in three vehicles. 

Terry Sercer spoke to the commissioners about the audit.  He hasn’t taken into consideration any 2004 expenditures but the ending balance of cash for 2003 is looking pretty decent.  He would also like to have a figure on what was spent on the Beckman trial.  He will have final figures in a month. 

Robert Query signed a quarterly sales tax report for Public Works. 

Bills and Payroll for the period were approved. 

Gerald Beerbower spoke with the commissioners about the roof.  With the heavy rains of this weekend, there is a leak.  He feels repairs will be between $400-$800 but needs to look closer for sure.  Commissioners approved the repair.  Mr. Beerbower reminded the commissioners that the roof is 40 years old and has a lifespan of 20 years. 

Bob Davis met with the commissioners about his daughter’s property.  She bought three lots on 230^th Street between Kansas and Jayhawk which has a dedicated right-of-way.  Mr. Davis wants to know what to do to get the road opened so his daughter may access her property.  Robert Query stated that he believes the road was accepted by the Commissioners several years ago; however no improvements have ever been made.  There is a hedge row down the middle and there are no ditches.  The commissioners authorized Mr. Query to look at it with Clyde. 

Commissioners received a written opinion from Terri Johnson on a payroll issue.  Terry Graham made a motion to approve an addendum to Resolution 01-04, the holiday resolution.  Robert Query seconded and all voted in favor.  The resolution concerns paying employees for a county holiday when it falls on their regular day off. 

Joanne Long and Doylene asked the commissioners for an executive session for five minutes to discuss non-elected personnel.  Gary Houston made the motion to go into executive session to discuss non-elected personnel.  Terry Graham seconded and all voted in favor.  The session began at 11:07 am and ended at 11:12 am.  Those present for the session were the commissioners, Doylene Kennedy and Joanne Long.  No action. 

Hubert Thomas asked the commissioners if they could offer advice about a property he purchased at a foreclosure that the back taxes have not been paid in accordance with the paperwork.  Commissioners directed Mr. Thomas to the County Attorney for assistance. 

Gary Houston received a phone request from a local preacher who is going to be doing cleanup of the County Fairgrounds and at some local houses.  The City will be hauling the trash away.  The request is for the County to waive the gate fees at the landfill.  The commissioners discussed it and agreed to waive the C&D and brush fees this one time only.  Any solid waste fees will be billed to the Southern Baptist Church. 

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

                                                                           THE BOARD OF COUNTY COMMISSIONERS

                                                                           OF BOURBON COUNTY, KANSAS         

                                                                           (ss) Robert Query, Chairman 

                                                                           (ss) Gary Houston, Commissioner 

                                                                           (ss) Terry Graham, Commissioner

ATTEST:

June 18, 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 meeting were read and approved. 

Brett Baker, Interim Director of Public Works for the City of Fort Scott, met with the commissioners to say he has appreciated Clyde Killion’s help for the time he has been working with Public Works.  He said that Clyde was always there with an answer no matter what time of day or night and he’s heard nothing but praise about him.  Brett is leaving his position at the City next week and he hopes the new director has as good a relationship with the County. 

Clyde Killion gave a road report. 

Commissioners discussed the road situation concerning Bob Davis’s daughter’s property.  Clyde and Robert viewed the area on Monday and found that the section of road was closed in 1974.  Mr. Davis is working on a petition to ask that the road be opened. 

Gene Parker asked the commissioners to re-spray weeds in Drywood Township.  The previous spraying was hit-and-miss.  Terry Graham will see that it is done. 

Commissioners discussed a recommendation by the County’s liability carrier to reposition signs on 120^th & Hackberry.  The recommendation reads in part:  “…give consideration to removing the Yield sign (or what I believe is now a Stop sign) from its position controlling eastbound traffic on Hackberry Road, at the fork of the Y, and instead placing a Yield sign at the end of the curve for traffic coming off of 120^th Street traveling in a southeasterly direction, and about to cross over Hackberry Road in order to continue on in an easterly direction…  The signing change would serve to advise drivers as to which of these two conflicting approaches is required to yield the right of way.”  Therefore, Terry Graham made a motion to alter the signs at Hackberry and 120^th Street in accordance with the recommendation.  The motion was seconded by Robert Query and all voted in favor. 

Robert Query briefly brought up changing the courthouse hours in the Register of Deeds, Clerk, Treasurer and Vehicle Offices to accommodate before and after work customers.  No action. 

Joanne Long mentioned that the re-finance of the rock crusher and asphalt plant resulted in an excess of $13,700 after the note at CNB was paid off.  Commissioners asked that the money be put toward the principal of the new loan.  Also, Robert Query asked that the money the County received back on the trade-in of graders last year be placed toward the principal of either Bailey or Hayden’s graders. 

Commissioners received a request from Laura Hyer for an additional phone line for internet connection.  Joanne Long will see if she can be added to the County’s network. 

Joanne Long reminded the commissioners that the delinquent tax sale is set for next Friday, June 25, 2004, at 10:00 am in the lobby of the courthouse. 

David Neville asked the commissioners if they had given any thought to the need for a new air conditioner in the Register of Deeds office.  The auditor was in Monday and said that preliminary numbers look good, but the commissioners want to see the final audit before proceeding.  That also applies to major roof repair/replacement.  David asked that the commissioners keep those items in mind when preparing the 2005 budget. 

Joanne Long reported that real estate and personal property values were certified to her from the County Appraiser in the last week. 

Bob Davis and his daughter, Connie Wollenhaupt met with commissioners to present a petition to open a road.  Commissioners set a public hearing on the matter for 10:00 am, Friday, July 9, 2004.  Ms. Long will get the letters out to the neighboring landowners. 

Paul Pavey and Don Banwart met with commissioners to update the commissioners on the establishment of Rural Fire District 5.  They have collected hundreds of signatures in an effort to obtain 51% of the landowners in the affected area.  Mr. Pavey stated that the township passed a resolution allowing the creation of the new fire district under the township.  Also, Fire District 3 gave a letter authorizing consent to sever Scott Township from the current district.   

Delwin Mumbower presented the 2005 budget request for Fire District 3.   

Laura Hyer asked the commissioners for an executive session for 15 minutes to discuss non-elected personnel.  Terry Graham made the motion to adjourn into executive session for 15 minutes, for the purpose of discussing non-elected personnel.  Robert Query seconded and all voted in favor.  Those to be present in the session were the commissioners, Laura Hyer, Delwin Mumbower and Harold Coleman.  The session began at 11:13 am and ended at 11:28 am.  No action. 

Terri Johnson met with commissioners regarding the fire district situation.  It is her opinion, along with Dan Meara, attorney for the Fire District and Scott Township, that the signatures on the petition to leave Fire District 3 may be checked by the township, as long as the County provides the number of landowners. 

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

                                                                     THE BOARD OF COUNTY COMMISSIONERS

                                                                     OF BOURBON COUNTY, KANSAS 

                                                                     (ss) Robert Query, Chairman 

                                                                     (ss) Gary Houston, Commissioner 

                                                                     (ss) Terry Graham, Commissioner

ATTEST:

June 21, 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 corrected. 

Clyde Killion gave a road report. 

Commissioners received a request from the Pawnee Township Clerk and Treasurer to appoint Karen Endicott-Coyan to fill the vacancy in the position of Trustee, due to the death of Rick Simpson.  Robert Query made a motion to appoint Karen Endicott-Coyan to the position of Pawnee Township Trustee.  Terry Graham seconded and all voted in favor. 

Susan Quick asked the commissioners how they would like to handle the 2004 property taxes of the properties that will sell on Friday for delinquent taxes.  Will the new owner be responsible for all or none of the 2004 taxes this fall?  After discussion, the commissioners agreed that the person(s) who purchase the properties at the tax sale this Friday will be responsible for all of the 2004 property taxes on the properties.  Susan will check with City Hall to be sure there are no upcoming special assessments on any of the properties. 

Joanne Long spoke to the commissioners about holidays that fall on the weekend, like Independence Day and Christmas this year, where the official County holiday is on the Friday or Monday.  Should employees who are scheduled to work on the actual holiday be paid holiday pay, or is the holiday only the official day set by resolution?  After much discussion, the commissioners asked the clerk to get a legal opinion on the weekend holiday before making an official decision, but they leaned toward only counting the resolution-stated date as holiday pay.  The clerk hoped to have an answer from an attorney by Friday. 

Brad K. Blythe, Bob Larkin, Cheryl Bennett, Robert Miller, Wayne Thorpe and Ronnie Brown presented the 2005 budget request for the Soil Conservation District. 

Janet Braun, Sam Mason and Bob Chase presented the 2005 SEK Mental Health budget request. 

Terry Graham left the meeting at 11:15 with Clyde Killion. 

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:

June 25, 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 meeting were read and approved. 

Commissioners approved firework licenses for 6 businesses and signed two blank permits for any that may come in after today. 

Terry Graham made the motion to re-appoint Don Russell to the Southeast Kansas Revolving Loan Committee for a period of two years from today.  Gary Houston seconded and all voted in favor. 

Robert Query signed abatements for the clerk. 

Commissioners received the results of the survey of Fort Scott Lake residents. 

Joanne Long presented the auditing/budgeting contract for consideration.  Terry Graham made the motion to adopt the contract as Resolution 12-04 and approve it.  Robert Query seconded and all voted in favor. 

Laura Hyer was present.  She discussed some grant opportunities as well as cooperation with State officials for use of tower space for communications throughout the county. 

Sheriff Coleman came up before the tax sale began.  The commissioners asked him if some of the money not being used due to the lack of an administrator could be used toward a bailiff in district court.  Harold will look into it. 

Terri Johnson, County Attorney, spoke with commissioners about a proposed resolution dealing with compensation for holidays that fall on weekends (such as Independence Day, Christmas Day and New Year’s Day this year).  After discussion, Robert Query made a motion to adopt Resolution 13-04, with a stipulation that no one would be paid holiday pay for the official holiday and the observed holiday.  Terry Graham seconded the motion and all voted in favor. 

Commissioners observed the delinquent tax sale for a few minutes of the morning. 

The commissioners agreed to leave the laydown equipment in the 2^nd District to the completion of a project, rather than moving it out and back a few days later.  Direction was given to Clyde Killion via telephone on the matter. 

Sixth Judicial District Judge Richard Smith, Judge Gerald Hart and Karen Paddock met with commissioners to present the District Court 2005 budget request.  Judge Smith, the new Chief Judge of the Judicial District, introduced himself to the commissioners and encouraged them to give him a call if they ever have any questions about district court.  No action on the budget. 

After routine business, the meeting adjourned at 11:37 am. 

                                                                       THE BOARD OF COUNTY COMMISSIONERS

                                                                        OF BOURBON COUNTY, KANSAS 

                                                                        (ss) Robert Query, Chairman 

                                                                        (ss) Gary Houston, Commissioner 

                                                                        (ss) Terry Graham, Commissioner

ATTEST:

June 28, 2004     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 9:15 am. 

Laura Hyer was present.  She mentioned this is her last commission meeting she will cover for the Tribune. 

Clyde Killion gave a road report. 

Maury Thompson presented the 2005 budget request for Tri-Valley.  He also asked the commissioners to reappoint Bob Tuchscherer to the Tri-Valley Board.  Robert Query made the motion, Terry Graham seconded and all voted in favor to reappoint Bob Tuchscherer to the Tri-Valley Board. 

Terri Johnson met with commissioners to review pending litigation over a drainage situation.  She asked Joanne Long to review Commission Minutes to find the original discussion of the project. 

Terry Graham left the meeting at 10:45 am. 

David Neville spoke to the commissioners about purchasing a new riding lawn mower for the courthouse.  The current mower is approximately 20 years old, has been repaired many times and is growing unpredictable.  Commissioners authorized Mr. Neville to price mowers and report back next week. 

The meeting adjourned at 10:50 am. 

                                                                          THE BOARD OF COUNTY COMMISSIONERS

                                                                          OF BOURBON COUNTY, KANSAS    

                                                                          (ss) Gary Houston, Commissioner 

                                                                          (ss) Terry Graham, Commissioner

ATTEST: