May 2006 Minutes

These are the minutes for May 2006, as approved by the Bourbon County Commission.

May 01, 2006	May 05, 2006
May 08, 2006	May 12, 2006 Special meeting
May 15, 2006	May 19, 2006
May 22, 2006	May 26, 2006
May 29, 2006-Holiday

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May 1, 2006 Monday 9:00 am

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

Terri Johnson reviewed the two clauses in the web module contract which Othick Abstract had concerns about. The clause about fee changes will be altered to read that they will be set in January of each year, which should stop any fear of multiple rate increases. Mrs. Johnson said that clause 3.5 is straight out of the statutes which says prohibits lists of information gained from the county cannot be sold. She will not waver on that clause. Joanne Long will give the contract back to the Register of Deeds.

Clyde Killion gave a road report. He mentioned that we received the $5,000 check from LaForge and Budd for the damage to County roads.

Commissioners received a thank you from Dave Martin regarding the County’s decision to donate $1,000 to the Aquatic Center for the request for proposal.

After routine business, the meeting adjourned at 11:15 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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May 5, 2006 Friday 9:00 am

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

Clyde Killion gave a road report.

Gary Houston signed a sales tax form for the Landfill.

David Neville presented commissioners with quotes for a new generator. They are for a 60KW 3 phase 208 volts including generator, transfer switch, installation, start-up and shipping

Natural Gas Models	Electric Motor Supply	$22,097
	Comet Industrial Products	$22,908
	Gold Service Mechanical	$24,633
	Cummins Central Power (Springfield)	$25,595
	Cummins Central Power (Liberty)	$27,629
	Martin Engine Systems	$31,079
Diesel Models	Comet Industrial Products	$26,183
	Gold Service Mechanical	$26,186
	Northern Equipment	$26,605
	Cummins Central Power (Liberty)	$27,178
	Cummins Central Power (Springfield)	$28,099
	Electric Motor Supply	$29,912
	Martin Engine Systems	$33,291
	Deems	$34,108


Laura Hyer will check into whether there are grant funds available to help with the cost. Commissioners also want to look at the budget to see if there are funds there. No action at this time.

David Neville also spoke with commissioners about the tornado siren policy. It was tested this week during a severe storm and there are some questions that need to be addressed. For instance, where else, besides the vault can we go when there are too many people to fit in there? Commissioners asked David to speak with Judy Orton about using her basement office space. What if employees want to leave the courthouse? They must return as soon as the alert is over or be docked pay.

Laura Hyer spoke with commissioners about planning for a May 23, 2006, educational meeting on Pandemics, which will be held in the McCullough Meeting Room at Mercy Health Center at 7:00 pm.

Jimmy Nichols, Gene Parker and Harold Coleman spoke with commissioners about expanding bedding in the jail and doing away with the work release program. They explained with work release gone there would be space for more prisoners. It costs $1,770.46 for 4 more beds. Commissioners approved the purchase of four additional beds for the jail and the abolishment of the work release program. There was also discussion of the need for increased security before we enter into agreements to house prisoners in a pod outside of the jail.

Ronnie Brown, SeeKan RC&D, met with commissioners to ask that Bill Brittain represent Bourbon County the 3^rd Monday of each month at meetings in Chanute. No action.

After routine business, the meeting adjourned at 11:08 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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May 8, 2006 Monday 9:00 am

The Bourbon County Commission met in open session with all commissioners and the county clerk present.

Joanne Long spoke with commissioners about the County’s tornado policy. After discussion, it was decided that we should re-write the policy, making it more in depth, and also have each employee sign that they have received the policy. Joanne will work with Terri Johnson on it.

Ms. Long also spoke with commissioners about needing space for the electronic voting equipment that will be arriving in the next month. Commissioners said they thought that had been settled and we would use Zack Reynolds’ building. Joanne said that will not work because there is no elevator and some of the equipment weighs 100 lbs. and is too delicate to travel up and down stairs. They remembered that Jerry Witt had a very good offer. Ms. Long reiterated that security of the storage facility is very important. It also must be climate controlled. Bill Brittain asked for dimensions needed. Ms. Long indicated that she gave this information to the commissioners already. There was discussion but no action at this time.

Terry Graham made a motion to go into executive session, for a period of five minutes, under the land acquisition exception to the Kansas Open Meetings Act. Bill Brittain seconded and all voted in favor. Those present for the session were the commissioners and Joanne Long. The session began at 9:23 am and ended at 9:28 am with no action.

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

Frank Shelton spoke with commissioners about Lake Fort Scott’s sewer situation. He said the County could form a benefit district for the sewer which would help us in applying for a grant. There was concern that if we form the district we are bound to create it. The citizens at the lake haven’t had time to vote on the system they want. Mr. Shelton went over a time-line that would last about three years. The first step is to set up a meeting between the city and county, then meet with the people at the lake and establish a steering committee. Then the steering committee would meet with the county commissioners. There will likely be a survey distributed to the lake residents asking their choice of the four options. Those surveys would be returned to the County Clerk to be tallied. After that, there would likely be a public hearing set and then a petition circulated.

Dennis Meech spoke with commissioners about an area of Soldier Road that is in need of repair.

Commissioners received the monthly progress reports from the Extension Office.

Commissioners learned they need to find someone for the SEK Mental Health Board to take Randy Rockhold’s position. No action at this time.

David Neville spoke with commissioners about purchasing a generator. He reported that the contingency fund has enough to purchase one. No action at this time.

Clyde Killion gave a road report.

Darrell Spencer spoke with commissioners about concerns the County Attorney has with the pod for housing prisoners. No action at this time.

Commissioners received copy of an email sent from Deborah Divine of the Kansas Scenic Byways Program for the State in reference to the request to name US Hwy 69 through Bourbon County after Gordon Parks. As it is currently written, it contains a de-designation of the Frontier Military Scenic Byway. Commissioners don’t want to lose that designation and were under the impression that a road can have more than one designation. The Chamber of Commerce is working on this issue but they also want to send a letter to Senator Barone asking it to be corrected.

Commissioners received an email from Duane Ledford, caretaker of Elm Creek Lake, regarding upgrades of utilities at the lake. He has read where the commissioners have allotted $1,300 in recent weeks out of the Special Parks and Recreation Fund for various causes. He is concerned that money isn’t being spent on upgrades to the Lake. Commissioners asked the clerk to write back saying that funds for Elm Creek and Cedar Creek are in the General Fund, and that there is legislation on the house floor in Topeka which might allocate some lottery funds towards lake projects, as well as grant possibilities that are being considered. Commissioners were grateful to receive input about the lake.

After routine business, the meeting adjourned at 11:40 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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May 12, 2006 Friday 4:00 pm SPECIAL MEETING

The Bourbon County Commission met in open session with all commissioners and the county clerk present.

The purpose of the special meeting was to extend the lease between Bourbon County and Gary Cullor for the landfill property. It expires today. Gary Houston made a motion to extend the lease, at the current provisions, for a period of 30 days, beginning today. Bill Brittain seconded the motion and all voted in favor.

Gary Houston signed the addendum to lease agreement.

Meeting adjourned at 4:05 pm.

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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May 15, 2006 Monday 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 9:10 am. Minutes of the previous meetings were read and approved.

Bills and payroll for the period were approved.

Clyde Killion gave a road report. The chip spreader was delivered last week.

Laura Hyer met with commissioners to discuss emergency preparedness. The Adjutant General will be at the city commission meeting tomorrow night regarding those city and county employees who responded to Hurricane Katrina. She would like a county commissioner to be present. There was also discussion of mapping.

Joanne Long asked commissioners if they have discussed giving a donation to Paw Prints. The commissioners have discussed it but have not made a decision.

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

Claude O’Dell asked commissioners what is involved in getting an entrance to his property at US 54 and 150^th Street. Commissioners said that the County would have to charge for the culvert but it can be done. Clyde will look it over.

David Neville met with commissioners about a replacement generator. He provided adjustments and warranty information to the quotes he previously presented. All costs include installation and are 60KW or higher. Most have a 2-year warranty; however a couple of them were priced with a 5-year warranty. David said that they could be raised or lowered between 2 and 5 years as the commissioners want for a reduction or increase. Commissioners discussed the pros and cons of diesel versus natural gas. The commissioners asked David to speak to Roger Sipe at Mercy Health Center about their view of diesel against natural gas. Mr. Neville reported back that Mercy has diesel and has it treated. The commissioners want to get more quotes for installation before making a decision.

Joanne Long discussed housing voting machines. She called around last week and found a 14’ x 12’ room through Ron Mason in the downtown area for $150 per month, utilities included. She also received word that the first equipment is coming the week of May 23^rd. Commissioners approved the clerk to lease the space.

Joy O’Neal met with commissioners to request that the week of June 12, 2006, be declared Relay for Life week in Bourbon County. She discussed events for this year’s Relay. There are 41 teams signed up. It is hoping to raise $58,775 this year. The date for this year is June 16, 2006, at 6:00 pm and ends June 17, 2006, at 6:00 am. Gary Houston made a motion to proclaim the week of June 12, 2006, as Relay for Life week in Bourbon County. Terry Graham seconded and all voted in favor. Joanne Long will type up a proclamation.

Bonnie McCall called and has more problems with her neighbor, Andy Johnson. Last fall, commissioners made a fence viewing decision between them. In his removal of trees, he bulldozed a railroad bed which filled her drainage ditches and has changed the natural flow of water on her property. According to the Division of Water Resources it is illegal to do that but they don’t get involved unless there are hundreds of acres involved. Terry Graham will talk to Mr. Johnson but commissioners think it will end up being a civil matter.

Gene Parker met with commissioners. He said that some doors for the jail need replaced. These would be tamper-proof from the prisoners. The price includes installation from a company out of Pittsburg for three doors for a total cost of $1,410.00. Commissioners approved the request. There was brief discussion of the work release program and ankle bracelets. The bunk beds are in already and Linn County is sending people to fill them.

There was discussion of the fire insurance rates issue from last month. There is uncertainty if there are automatic mutual aid agreements or just mutual aid agreements between the fire districts.

Harold Coleman spoke with commissioners about someone who is interested in being an investigator for the medical examiner for the County for unattended deaths. Harold will talk to her further.

Don Russell, City of Fort Scott, Sarah Martin, Historical Society, Christian Lutz, Tourism department, and Don Miller met with commissioners to discuss the Old Military Bridge, known as the Marmaton Bridge on the historical register and other bridges in Bourbon County. Ms. Martin spoke of a Grant program known as the Heritage Trust Fund grant, which has an 80/20 cash match. Awards range from $5,000 to $90,000. Applicants must own the property involved. This program would not fund moving a bridge because it is a preservation grant. Converting the bridge to a walking trail bridge is okay. Ms. Martin said that tact has never been done before but would fit well with the program. She also mentioned that KDOT has transportation enhancement grants too. It might increase our chances of getting project done if we file for both. The bridge was built in 1882. HTF deadline is March 1 each year and drafts are due by January 15. 2007 applications will be out in August. The group is making a site visit today. Ms. Martin said that bridges are commonly moved to preserve them, but HTF doesn’t allow that.

Commissioners left at 11:00 am to view bridges.

Meeting adjourned at 11:00 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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May 19, 2006 Friday 9:00 am

The Bourbon County Commissioners met in open session with Terry Graham and Bill Brittain present. Joanne Long was also present. Gary Houston arrived at 9:05 am. Minutes of the previous meeting were read and approved.

Lee Davis called in asking to purchase some chemicals of which he has run out. He presented the following phone quotes:

Van Diest Supply	15 Gal. Plateau	@ $269.50/Gal.
	50 Gal. 2.4-D Amine	@ $9.67/Gal.
	2 cases 8 x 8 Escort	@ $14.21/Oz.
Vegetation Management	15 Gal. Plateau	@ $269.50/Gal.
	50 Gal. 2.4-D Amine	@ $12.35/Gal.
	2 cases 8 x 8 Escort	@ $14.99/Oz.
Pueblo	15 Gal. Plateau	@ $269.50/Gal.
	50 Gal. 2.4-D Amine	@ $9.60/Gal.
	2 cases 8 x 8 Escort	@ $14.10/Oz.


Commissioners approved the purchase from Pueblo, as it was the lowest.

David Neville spoke with commissioners about the generator. He called around for electric quotes and only got two responses and the one we already had was lower. Mr. Neville also reported that he has viewed other generators around town. The City has a diesel generator for the wastewater plant and a natural gas generator for the fire department. He said that both are good, reliable systems. Commissioners want to think about it some more. No action.

Mr. Neville also spoke with commissioners about the courthouse air conditioning. There has been a hold up from the manufacturer on a piece of the blower assembly. It is unknown how long it will be before the part is available. He suggests going to Plan B and getting the Marley which was quoted out of Kansas City which can be installed in 2-3 weeks. David says that DC Refrigeration can install it under the original price cost. Commissioners want David to see if the other manufacturer can get the blower part here in 2-3 weeks. They want either to guarantee it in or we will go with the other one. Commissioners want us to get the fastest one we can get.

Laura Hyer spoke with commissioners about the Elm Creek Caretaker’s House. She said that it needs about $30,000 to fix it up.

Ms. Hyer also spoke with commissioners about the LEOP and the County’s Public Health Officer. There is some confusion as to who that is. Ms. Hyer feels that the responsibility to cancel events and keep children home from school is overwhelming to the health nurse. Ms. Hyer would like to see a group of three people: the health nurse, a local doctor, and a county commissioner, make those decisions together. No action.

Judy Orton reported that appraisal hearings are over and that there were very few this year. She will be certifying values close to June 1^st. She said that valuations are generally up except for Ag land. She also said that people seem to be more aware of the value of property.

Mrs. Orton also asked if commissioners want to plant flowers on the lawn this year. NO action.

Commissioners discussed the law passed this session which exempts some personal property and what that will do to us on the local level.

Joanne Long spoke with commissioners about the courthouse water bill. It is over $800 again this month and exactly the same as last month. Commissioners had David shut off the water to make sure we don’t have a leak and then asked him to contact a plumber.

Wilma Graham spoke with commissioners about chip and seal work scheduled for this summer in Redfield.

Commissioners confirmed that Diane Bertone is the County Health Officer. Commissioners want to know who the back-up person is. Gary Houston will find out at the next regional meeting.

Gary Houston made a motion to go into executive session, for a period of five minutes, under the land acquisition exemption of the Kansas Open Meetings Act. Bill Brittain seconded and all voted in favor. Those present for the session were the commissioners and the county clerk. The session began at 11:01 am and ended at 11:06 am with no action.

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

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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May 22, 2006 Monday 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 9:05 am. Minutes of the previous meeting were read and approved.

Clyde Killion gave a road report. The commissioners discussed the problem of littering around the county.

There is a tentative meeting planned between the City of Fort Scott and Bourbon County and the Fort Scott Lake people for 11:30 am, Monday, June 5, 2006.

Frank Shelton gave a report of the most recent meeting with the people of Lake Fort Scott.

Susan Quick spoke to commissioners about the temperatures in the offices with no air conditioning. The commissioners assured Mrs. Quick that an air conditioner is coming in the upcoming weeks. Mrs. Quick relayed that her employees go home sick from the heat most every night.

Bill Brittain heard that a representative of the company he spoke with last week will be here on Wednesday to give us a quote on a generator. He will inform David Neville.

Doylene Kennedy asked commissioners if they want to renew the LEPP grant. They do.

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

Bill Brittain left the meeting at 9:55 am.

Arnold Schofield spoke with commissioners about the Marmaton Bridge. He gave some history on the bridge, including that the original plans may still be in Ohio, where it was designed. If/when we improve the site we will need to plan for parking. We would also be wise to consult an engineer to learn what will be needed on the project.

Laura Hyer gave commissioners a copy of the County’s LEOP to review. She said that it is NIMS and ICS compliant.

Ms. Hyer also spoke with commissioners about a recent hazardous material spill which was not reported to her. It is state law that all spills of this sort be reported to the Emergency Preparedness Director in the County and this is a violation of that law. The parties involved know what they’re supposed to do and are not doing it. The County Attorney will be writing a letter to the offending party reminding them of the law and attaching a copy of the original letter from the commissioners to each entity about the reporting procedures.

Karen Paddock spoke with commissioners about jury fees. There is a bill that was passed which allows for an increase of the fees we pay to jurors. It allows for between $10 and $50 per day, with the amount set by the commissioners. Mrs. Paddock informed commissioners that jury fees have been $10 per day in Bourbon County for at least 25 years. Some counties are keeping the $10 for the first day and then increasing for subsequent days. Commissioners asked and were told the County cannot pay different jury fees based on the specific trial. Mrs. Paddock will get some numbers together to give the commissioners an idea of what increasing the fees would do to the budget. No action at this time.

Joanne Long asked if commissioners are interested in raising the Firework Permit fee from $50. The commissioners don’t want to hurt any “mom and pop” stands that are out there. No action.

Lee Davis presented quotes for chemicals. They were:

UAP/ Timberland	PastureGard 2 x 2 ½	300 @ $ 42.30	$12,690.00
	Fusion 2 x 2 ½	10 @ $145.00	$ 1,450.00
	Total:		$14,140.00
Van Diest Supply Co.	PastureGard 2 x 2 ½	300 @ $ 42.41	$12,723.00
	Fusion 2 x 2 ½	10 @ $149.84	$ 1,498.40
	Total:		$14,221.40
Vegetation Management Supply	PastureGard 2 x 2 ½	300 @ $ 43.42	$13,026.00
	Fusion 2 x 2 ½	10 @ $150.00	$ 1,500.00
	Total:		$14,526.00


Gary Houston made a motion to accept the quote from UAP/Timberland for $14,140.00. Terry Graham seconded and both voted in favor.

After routine business, the meeting adjourned at 11:00 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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May 26, 2006 Friday 9:00 am

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

Clyde Killion gave a road report. He also reported that he went to look at some trucks around Joplin this week.

Bills and payroll for the period were reviewed and approved.

Gary Houston reported that there is a County Health Meeting in Iola scheduled for 6:30 pm, Tuesday, May 30, 2006. Gary can’t be there so he asked that one of the other commissioners attend in his place. Terry will attend the meeting.

Joanne Long asked commissioners about the mileage for the County Sanitarian. It appears that his mileage is including driving to and from the courthouse. It is against policy to pay an employee for coming to work. His logs also don’t specify where he went. Commissioners will speak with him.

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

Mitzi Shead, on behalf of her father, Larry Shead, spoke with commissioners about Cavalry Road and 250^th Street. The water is not draining because the culvert is damaged. Clyde will have it opened up if the rest of the tube is okay or else it will be replaced.

Jack Black presented commissioners with an order form for emergency supplies for civilians.

Terri Johnson met with commissioners to ask for two different executive sessions. Bill Brittain made a motion to go into executive session, under the non-elected personnel exception to the Kansas Open Meetings Act, for a period of five minutes. Terry Graham seconded and all voted in favor. Those present for the session were the commissioners, Terri Johnson and Joanne Long. The session began at 9:34 am and ended at 9:39 am with no action.

Terry Graham made a motion to go into executive session, for a period of ten minutes, under the Attorney-Client Privilege Exception to the Kansas Open Meetings Act. Gary Houston seconded the motion and all voted in favor. Those present for the session were the commissioners, Terri Johnson and Joanne Long. The session began at 9:40 am and ended at 9:50 am with no action.

Joanne Long spoke with commissioners about the courthouse offices that have been without air conditioning. They include the Appraiser’s Office, the entire second floor and the Court Service Office and Judge Stephan’s Office and courtroom on third floor. Employees have been going home with headaches, sick to their stomachs and fatigued from the extreme temperatures in the afternoons. She reported that it has been up to 87 degrees in her office for the past couple of weeks. Commissioners spoke with David Neville about when the new cooling tower would be here. The unit is scheduled to arrive in Nevada today and installation should start this afternoon.

Gary Houston signed the lease for the office space that the County Clerk found for storage of the election equipment. The clerk reported that her equipment arrived this week.

Harold Coleman spoke with the commissioners about a high profile murder trial that is scheduled for mid-June. It will require courtroom security which will likely involve overtime for deputies.

Laura Hyer spoke with commissioners about the LEOP and the meeting that was held at Mercy this week about pandemic. She said it was the first in a series of meetings on the subject. She will go over the LEOP with commissioners next Friday.

Lee Davis spoke with commissioners. He asked them to sign his annual Noxious Weed plan. The commissioners signed the plan.

Gary Houston left the meeting at 11:00 am to meet with Jeff Davis to discuss the inter-local agreement between the City and County on the dispatch contract.

After routine business, the meeting adjourned at 11:15 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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