January 2006 Minutes

These are minutes for the month of January 2006, as approved by the Bourbon County Commission.

January 02, 2006-Holiday	January 04, 2006-Special Meeting
January 06, 2006	January 09, 2006
January 13, 2006	January 16, 2006-Holiday
January 20, 2006	January 23, 2006
January 27, 2006	January 30, 2006

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January 4, 2006 Wednesday 9:00 am

The Bourbon County Commission met in special session in the County Clerk’s Office with all commissioners and the county clerk present.

The special meeting has been called to consider enacting a burning ban in Bourbon County. At least six controlled burn fires have gotten away from authorities and the immediate forecast calls for warm dry conditions to continue. The area fire chiefs are worried this will continue to occur if a burn ban is not implemented.

At the recommendation of the area fire chiefs, Gary Houston made a motion to adopt Resolution 01-06, A County-wide Burn Ban, for a period of seven days. Bill Brittain seconded and all voted in favor.

The meeting adjourned at 9:07 am.

THE BOARD OF COUNTY COMMISSIONERS
OF BOURBON COUNTY, KANSAS

(ss) Gary Houston, Chairman
(ss) Terry Graham, Commissioner
ATTEST:
(ss) Joanne Long, County Clerk

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January 6, 2006 Friday 9:25 am

The Bourbon County Commission met in open session with Terry Graham and Gary Houston present. Joanne Long was also present. Bill Brittain was absent due to a death in the family. Minutes of the previous meetings were read and approved.

Max Murray, Waste Management Corporation, offered the commissioners an introductory price of $18.50/ton at the Arcadia Landfill for 60 days. The basic fee is $21.00/ton compared to $21.50/ton we currently pay to Allen County. The commissioners have been hesitant to move their business to Arcadia because of fear of trucks getting stuck in the mud after rains. The commissioners will discuss the new offer on Monday when Commissioner Brittain is available.

Karen Paddock asked the Commission about her 2006 budget. She is uncertain how to proceed with the approved budget amount and allow for a security officer. The commissioners remembered discussing the budget last summer with the auditor. The approved budget was based on several years’ actual expenditures from the department with an increase for inflation and the $30,000 for the security officer.

Frank Hereford spoke with commissioners about clearing out a drainage ditch. Mr. Hereford will work with Clyde Killion on the project.

Commissioners approved an early check for a grader payment.

Mitzi Shead, reporter with the Fort Scott Tribune, was present.

Clyde Killion gave a road report. Deer Road is open to traffic. Mr. Killion asked commissioners to clarify the scope of work intended for the West Park Church of the Nazarene. Commissioners said that the City of Fort Scott and Bourbon County will split the costs evenly for a gravel drive from 18^th Street, a new culvert pipe and the gravel needed to cover it, as well as the labor. The commissioners reminded everyone that it is for a community cause, the Angel Food Network, which is providing food at low-cost to people in Bourbon County. The expected turnout is great, necessitating the additional access to the church.

Mr. Killion asked commissioners if they would consider replacing the semi at the landfill this year. It is nearly 30 years old.

Joanne Long spoke with commissioners about the glasses reimbursement program they considered implementing for full-time employees. The Commission had the idea to do this, in lieu of an external vision plan, which would be more costly to the County. She reminded commissioners that though they intend to go ahead with the program, they have yet to make it official. Gary Houston made a motion to implement an employee vision reimbursement plan, to be paid out of the Employee Benefits Fund, for reimbursement for a full-time employee’s prescription eyewear, up to $100 per calendar year, providing a receipt is turned in to the County Clerk’s Office. Terry Graham seconded and both voted in favor.

David Neville informed commissioners that City of Fort Scott officials ran a camera down our sewer pipes to find a good location for the proposed grinder and found that the pipes need cleaned out again, just two weeks since last time. The pipes were filled with garbage, presumably from the jail. The commissioners would like to see the Demo, as Mr. Neville mentioned was available. David will contact the company but advised it may take some time for the truck to get here, as it is traveling from Illinois.
Sharon Elder spoke with commissioners about the basement storage. Her aisle is filled with other department’s documents and it makes it difficult to access her records. Some of the records indicate that they can be destroyed and no one has removed them. She asked if the commissioners would send a letter around to the offices reminding them to keep up with the retention schedules on their records. Mrs. Elder indicated that some offices do go to the basement regularly to keep up their rows but others do not.

Delta George presented the monthly progress report for the Extension Office.

Commissioners approved renewal of a Cereal Malt Beverage license for Tink’s Bait Shop.

Laura Hyer spoke with commissioners about her salary. Commissioners haven’t set the salary schedule for 2006 yet.

Jimmy Nichols spoke with commissioners about housing out-of-county prisoners. He mentioned that we have been bringing in around $8,000 per month since Linn County has had its jail shut down and we are at capacity. He said that in years past, the number of inmates has been in the mid-twenties during December but it is steady in the forties nearly all the time now. He asked the commissioners if he could consult an architect to see about expanding the capacity of the jail within the current walls of the building. Commissioners would like to know what it would cost but gave permission to check. Mr. Nichols plans to contact Allen County to see which architect they used for their new jail. Commissioners agreed they would like to hear from someone with experience building jails.

Mr. Nichols also stated that the new pharmaceuticals program should start next month and that should add up to quite a savings for the County. He also said that it has been arranged for Dr. Kellenberger to come to the jail for prisoner check-ups rather than taking a prisoner outside of the walls. That will save in the man-power needed to cover the prisoner outside the jail. Commissioners are pleased with the plans.

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

THE BOARD OF COUNTY COMMISSIONERS
OF BOURBON COUNTY, KANSAS

(ss) Gary Houston, Chairman
(ss) Terry Graham, Commissioner
(ss) Bill Brittain, Commissioner
ATTEST:
(ss) Joanne Long, County Clerk

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January 9, 2006 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. When asked he replied that the County has plenty of road rock. Commissioners discussed a request for road rock for 50^th Street north of Grand Road. There is a question as to whether it is a County road. It is the only access to a landowner’s property.

Joanne Long reminded commissioners that reorganization of the Board is today. Bill Brittain made a motion to appoint Gary Houston as Chairman for 2006. Terry Graham seconded the motion. Commissioners Graham and Brittain voted in favor of the motion. Commissioner Houston abstained. Motion carried.

Terry Graham made a motion to appoint Bill Brittain Vice-Chairman for 2006. Gary Houston seconded and all voted in favor.

Joanne Long asked the commissioners if they want to recalculate their districts. They declined.

Ms. Long presented several resolutions for consideration. They are:
Resolution 02-06 Holidays for 2006
Resolution 03-06 Designation of Banks and newspaper
Resolution 04-06 Waiver of G.A.A.P.
Resolution 05-06 Mileage reimbursement rate for 2006
Resolution 06-06 Cancellation of checks older than 2 yrs
Resolution 07-06 Elected Officials Salary for 2006
Resolution 08-06 Non-Elected Officials Salary for 2006

Bill Brittain made a motion to adopt Resolutions 02-06 through 08-06 as presented. Gary Houston seconded and all voted in favor.

Mitzi Shead, reporter with the Fort Scott Tribune, was present.

Jim Harris, Berry Tractor, presented commissioners with a proposal for the County to purchase three Komatsu road graders with three trade-ins. The proposed graders are demo units with between 50 and 100 hours on them. Commissioners will consider the offer and see what Martin Tractor has to offer on Friday.

The commissioners received a request from an employee that any raise he gets goes to another employee. Commissioners denied the request stating that we pay positions, not people and if he wants to help out another employee, he can do it on his own. Commissioners would like Clyde to discuss the situation with the parties to see what’s going on.

Leah Riley met with commissioners to discuss the new prescription drugs program with the new health insurance. Commissioners wanted to know if something wasn’t working so she informed commissioners of her difficulty getting a specialty drug. The medication she takes is very expensive and not carried by any local pharmacies. She has to get it from a specialty pharmacy but is having trouble getting the order transferred and is told there is a 3-4 week turn-around period once the order is placed. She is fearful that she will run out of medicine before the situation is fixed. Rhonda Fernandez is working on it and hopes to have it settled by Wednesday. Commissioners asked Ms. Riley to have the Clerk’s Office contact him if she doesn’t get it straightened out by Wednesday.

A lady spoke with commissioners about her house. She had a house fire recently and now needs to burn up the rest of the rubble. The commissioners reminded her that the County is under a Burn Ban until Wednesday but advised her to speak with her local fire chief in Fulton.

Joanne Long presented the revised figures for a wage study. She had everything but the wage portion removed from the Austin Peter’s quoted price and we have an estimate from the League of Kansas Municipalities. The prices are:

Austin Peters Group	$6,985 contract price
Leage of Kansas Municipalities	$6,675 estimated price


After discussion and revision of the contract, Terry Graham made a motion to enter into a contract with Austin Peters Group, at the cost of $6,985, for a wage study of Bourbon County Employees. Bill Brittain seconded and all voted in favor. Gary Houston signed the contract for Bourbon County.

Bill Brittain made a motion to accept the trial price of $18.50/ton for a period of 60 days, starting next week, from Waste Management Corporation, with the permanent price of $21.00 per ton if we decide to stick with them after the trial period. Terry Graham seconded and all voted in favor. Commissioners notified the Landfill employees and Clyde Killion of the change.

Karen Paddock revisited commissioners about her budget question. All commissioners agreed they went on actual expenditures for the last several years and added the $30,000 on top of that and a slight increase for inflation. Mrs. Paddock is unsure how to distribute the budgeted funds and allot for a security officer. She was also hoping the person could be a Sheriff’s Deputy so that when not in Court he/she could deliver court papers. Commissioners also do not know the status of the proposed grant for the handicapped entrance to the east side of the courthouse. If it is awarded, we can go to one entrance and any security person would be at the door with a metal detector.

Laura Hyer presented the commissioners with Lesson One in National Incident Management System (NIMS) Training and reviewed the lesson with the commissioners, the sheriff and the clerk. She plans to have one of these lessons each commission meeting to certify the commissioners in the training.

Bill VanKirk, Director of the 6^th Judicial District Community Corrections, presented commissioners with an update of the program. He said that adult and juvenile probation cases are on the rise and that drugs are the main factor for the number of people in the system. Changes in the legislature last year have actually increased the number of persons in the system. He also discussed sex offender home verification programs and prevention programs for the youth in the district.

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

THE BOARD OF COUNTY COMMISSIONERS
OF BOURBON COUNTY, KANSAS

(ss) Gary Houston, Chairman
(ss) Terry Graham, Commissioner

ATTEST:
(ss) Joanne Long, County Clerk

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January 13, 2006 Friday 9:00 am

The Bourbon County Commission met in open session with Terry Graham and Bill Brittain present. Joanne Long was also present. Gary Houston arrived at 9:15 am. Minutes of the previous meeting were read and corrected.

Mitzi Shead, reporter with the Fort Scott Tribune, was present.

Clyde Killion gave a road report. He also reported that there is a lot of road rock. He discussed the plans for work at the new theater.

Gary Houston received a letter notifying us that we did not receive the CDBG grant for the ADA ramp for the east entrance of the courthouse. Bill Brittain recommends resubmitting for 2006.

Bills and payroll for the period were approved.

Bill Brittain left the meeting at 10:00 am due to a death in the family.

Lou Howard, Hiattville Fire Station, spoke with commissioners about the proposed disposal of county land in Hiattville. She said the fire department would be interested in part of it which butts up to the fire station. Commissioners asked the clerk if the public hearing has been set. The clerk said not yet.

Harold Coleman spoke with commissioners about a possible truck as a replacement for his which was totaled on New Year’s Eve. It is a 2003 Chevy Silverado ½ ton with 23,000 miles at Shepherd’s. He is going to test drive it and see what kind of deal he can get. Our insurance company settled his claim for the purchase price of the wrecked truck. Commissioners asked the sheriff if he considered purchasing a new vehicle instead of used.

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

THE BOARD OF COUNTY COMMISSIONERS
OF BOURBON COUNTY, KANSAS

(ss) Gary Houston, Chairman
(ss) Terry Graham, Commissioner
(ss) Bill Brittain, Commissioner
ATTEST:
(ss) Joanne Long, County Clerk

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January 20, 2006 Friday 9:00 am

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

Clyde Killion gave a road report. Report on experience with Arcadia landfill. We appear to be charged over the $18.50 per ton as quoted. Commissioners are working it out with the landfill. There is a gravel road maintenance seminar in Mound City this February and March. Clyde Killion said that the grader operators have gone to these in the past. He will look into it.

Joanne Long reported that a Special Election has been called by the City of Fort Scott for February 21, 2006. There was discussion about having a county-wide election. Ms. Long stated that the County could only have it for non-incorporated areas of the County, not the cities. Mr. Brittain believes that there will be a request to pass it in the County for Hill’s Service Stations. Terry Graham wants to see how the City election goes.

Jimmy Nichols, SEKRCC, met with commissioners. He spoke with an architect who will provide an estimate for the proposed expansion by closing in the courtyard into additional holding cells. Mr. Nichols also provided some numbers of jail reimbursements over the past decade. We used to make more money on the jail because we housed out-of-county prisoners. Now we are filled with Bourbon County prisoners and don’t get very much money in reimbursements for housing. An expansion could open up beds to non-Bourbon County prisoners which would bring in revenue to the county.

Charles Cress spoke with commissioners about illegal dumping on his rural property on Poplar Road. Clyde Killion said road crews tried to reach the debris with available equipment but couldn’t reach it. When there is a track hoe in the area we will be able to reach it and remove it.

Mitzi Shead, reporter with the Fort Scott Tribune, was present.

Gary Houston made a motion to appoint the following Trustees and Alternates to Fire District 3, Bourbon County, for 2006:

STATION	TRUSTEE	ALTERNATE
Bronson	Dave Edwards	Jason Harper
Fulton	Marty Messer	Teddy Wilson
Mapleton	Mike Hueston	Marty Crystal
Devon	Steve Herring	Jeff Reed
Hiattville	Jerry Page	Louella Howard
Uniontown	Alvin Beerbower	Jared Lord


Terry Graham seconded and all voted in favor.

Doylene Kennedy informed commissioners of an employee who has been ill who missed the day prior to and after a holiday. Commissioners reaffirmed that as long as the absence is excused, the holiday is paid.

Ms. Kennedy also asked about replacing office chairs in her office. Commissioners approved the request to get quotes but also asked that she be sure to get a local price.

Joanne Long asked commissioners about the Neighborhood Revitalization program. Do we allow prior years’ improvements or is it for improvements in 2005 and future years for five years? Commissioners said we should check with the City to see if we joined their program or it is a new program. The question arose from two properties in the historic district which have been in the City’s Neighborhood Revitalization program for improvements in 2004 and 2002. The clerk wasn’t sure if those properties are in the spirit of the plan the commissioners’ agreed to join.

Richard Johnson, Martin Tractor, met with commissioners to discuss motor graders. He presented figures for three new Caterpillar 120H and three new Caterpillar 12H graders separately.

Pat Frederick, Tremco, Inc., met with commissioners to introduce himself and his company. It manufactures roofing materials. They have the contract with schools for the State of Kansas, as well as many other states for schools. While traveling through Bourbon County during a recent snow he noticed we were getting a new roof. He wants us to consider him for future projects. He can also be available to us for consulting, free of charge.

Bill Schoenberger, Delta George and Lee Davis met with commissioners to discuss noxious weeds. They presented a petition asking the commissioners to declare Bourbon County a sericea lespedeza disaster county. A declaration would allow for the possibility of federal funds to help eradicate the weed. Bill Schoenberger thinks it’s advantageous to make the declaration to be available for funds in the future. Gary Houston made a motion to declare Bourbon County a sericea lespedeza disaster county. Terry Graham seconded and all voted in favor.

Terry Graham spoke with Lee Davis about some sericea lespedeza at Elm Creek Lake. Commissioners would like Mr. Davis to put together a plan to destroy it. Mr. Davis informed commissioners that the plant must have some height on it before the spray will kill it. Commissioners discussed having the Elm Creek hay cut and baled by July 1 to help identify the problem area.

Kevin Allen met with commissioners. He asked commissioners why the County is building a driveway for a local church. The commissioners explained the Angel Food Network program which will provide low cost food for residents. They did it to stop a traffic problem on Horton and to benefit the people who will use the program. Mr. Allen said that a church is already tax exempt and feels that this job should have been given to a private contractor. Mr. Brittain said that the church wouldn’t hire a private contractor. Mr. Allen is concerned for the private contractors like himself when public entities are taking jobs away from him and his competitors.

Laura Hyer and Harold Coleman met to continue NIMS training with the commissioners. Ms. Hyer also informed commissioners of a Mass Fatalitites/Casualities in WMD course in Olathe, March 14-15, 2006. She requested that the Chairman attend.

David Neville asked Gary Houston if he wants to tour the roof work.

The meeting adjourned at noon.

THE BOARD OF COUNTY COMMISSIONERS
OF BOURBON COUNTY, KANSAS

(ss) Gary Houston, Chairman
(ss) Terry Graham, Commissioner
(ss) Bill Brittain, Commissioner

ATTEST:
(ss) Joanne Long, County Clerk

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January 23, 2006 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 reviewed road grader proposals.

Joanne Long reminded commissioners that the roof contract ends Friday, January 27, 2006. Ms. Long asked commissioners their opinion about whether or not the work should be completed by Friday. All commissioners agreed that there should be no need for an extension of the contract. Ms. Long also reminded commissioners that the final 15% of the contract price is to be withheld until the warranties are issued.

Jim Harris, Berry Tractor, met with commissioners to discuss road graders. Anticipating the competition offering a lower horsepower machine, he has re-evaluated his figures and is offering the larger Komatsu machine at the smaller machine price. He left these figures in a sealed envelope with Public Works before Martin Tractor presented on Friday. If Bourbon County was to go with Berry Tractor, delivery would be within 30-60 days. Commissioners will study the information and be ready to make a decision on Friday.

Laura Hyer met with commissioners to discuss Emergency Preparedness.

Bill Brittain left the meeting at 10:00 am to attend to a problem with his restaurant.

Frank Shelton presented commissioners with the final Lake Fort Scott sewer study assessment and recommendations.

Terry Graham made a motion to go into executive session, for a period of ten minutes, to discuss non-elected personnel. Gary Houston seconded the motion and both voted in favor. Those present for the session were Terry Graham, Gary Houston and Joanne Long. The session began at 10:50 am and ended at 11:00 am with no action.

Commissioners viewed the roof with David Neville, in expectation of the end of the contract this Friday.

Terry Graham made a motion to go into executive session, for a period of three minutes, to discuss non-elected personnel. Gary Houston seconded and both voted in favor. Those present for the session were Terry Graham, Gary Houston, Harold Coleman and Joanne Long. The session began at 11:43 am and ended at 11:46 am with no action.

After routine business, the meeting adjourned at 11:48 am.

THE BOARD OF COUNTY COMMISSIONERS
OF BOURBON COUNTY, KANSAS
ATTEST:
(ss) Gary Houston, Chairman
(ss) Joanne Long, County Clerk (ss) Terry Graham, Commissioner
(ss) Bill Brittain, Commissioner

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January 27, 2006 Friday 9:00 am

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

Commissioners discussed cable for certain county offices. The sheriff’s department, emergency preparedness and public works all had cable and it has recently been disconnected. Research has found that it used to be free for the county but that apparently isn’t available anymore. Should these offices get the cable back and if so, where should it be paid from? Bill Brittain made a motion to purchase basic cable for those offices through emergency preparedness. Terry Graham seconded and all voted in favor.

Clyde Killion gave a road report. Mr. Killion discussed a problem putting landscape rock in county ditches. No action. Bill Brittain advised Mr. Killion of a ditch problem with Helen Green. Clyde will get in contact with Ms. Green.

Terry Graham made a motion to lease three Komatsu motor graders from Berry Tractor, less trade-ins, for $268,254. Bill Brittain seconded and all voted in favor. Bill Brittain asked the Clerk’s Office to contact all local lending institutions about a five year, bi-annual payment, for lease-purchasing three Komatsu road graders. He would like the information by February 10^th.

Terry Graham made a motion to go into executive session, for a period of ten minutes, to discuss non-elected personnel. Bill Brittain seconded and all voted in favor. Those present for the session were the commissioners, Cecelia Kramer and Frank Shelton. Back in open session, Bill Brittain made a motion to make Frank Shelton full-time County Sanitarian, effective February 1, 2006. His wages will remain $12.50/hr for 40 hour weeks. Benefits will take effect in one month. Terry Graham seconded and all voted in favor.

Gary Houston made a motion to go into executive session, under attorney-client privilege, for a period of fifteen minutes, to discuss the roof contract. Terry Graham seconded and all voted in favor. Those present for the session included the commissioners, Terri Johnson and Cecelia Kramer. The session began at 10:30 am and ended at 10:45 am. Commissioners advised the clerk’s office to hold the final payment on the roof contract until they say to release it.

Terry Graham made a motion to go into executive session, for a period of five minutes, under the attorney-client exception to the Kansas Open Meetings Act. Bill Brittain seconded and all voted in favor. Those present for the session were the commissioners, Terri Johnson and Cecelia Kramer. The session began at 10:50 am and ended at 10:55 am with no action.

Frank Shelton updated commissioners on the Lake Fort Scott Sewer project. He also mentioned a two-day seminar in February on sanitation which the commissioners approved his attendance.

Terri Johnson asked commissioners to have child abuse examinations come out of the general fund.

Mrs. Johnson was also asked about property lines/fence lines. She will research the issue.

Jimmy Nichols spoke with commissioners about expanding the bed capacity in the jail. He is going to get a blueprint drawn up and present it to commissioners in the near future. Commissioners thanked him for all his hard work in this endeavor.

Laura Hyer spoke with commissioners about recent fires and radios in use.

Terry Graham made a motion to adopt Resolution 09-06, a burn ban for Bourbon County. Gary Houston seconded and all voted in favor.

After routine business, the meeting adjourned at noon.

THE BOARD OF COUNTY COMMISSIONERS
OF BOURBON COUNTY, KANSAS

(ss) Gary Houston, Chairman
(ss) Terry Graham, Commissioner
(ss) Bill Brittain, Commissioner
ATTEST:
(ss) Joanne Long, County Clerk

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January 30, 2006 Monday 9:00 am

The Bourbon County Commission met in open session with Gary Houston and Bill Brittain present. Cecelia Kramer was also present.

Bills and payroll for the period were approved.

Clyde Killion gave a road report.

Richard Johnson met with commissioners about road graders. Commissioners informed Mr. Johnson that the County decided to go with Berry Tractor based on the price difference.

Commissioners discussed landfill prices. They want to know what other counties charge to see if we need to up our gate fees.

Bill Brittain made a motion to appoint Bill Brittain as Bourbon County’s member on the Bourbon County Economic Development Council and Gary Houston as alternate. Gary Houston seconded and both voted in favor.

Commissioners received a road and bridge sales tax check in the amount of $68,296.06.

David Neville introduced commissioners to David Broadfoot with Fluid Equipment Co., Inc. showing them the Muffin Monster grinder for sewer lines. It comes with a one year, “bumper to bumper” warranty. No action at this time. Commissioners want to see what other counties use.

After routine business, the meeting adjourned at noon.

THE BOARD OF COUNTY COMMISSIONERS
OF BOURBON COUNTY, KANSAS

(ss) Gary Houston, Chairman
(ss) Terry Graham, Commissioner
(ss) Bill Brittain, Commissioner
ATTEST:
(ss) Joanne Long, County Clerk

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