December 2007 Minutes

These are the minutes for December 2007, as approved by the Bourbon County Commission.

December 3, 2007	December 7, 2007
December 10, 2007	December 14, 2007
December 17, 2007	December 21, 2007
December 24, 2007-Holiday	December 28, 2007
December 31, 2007

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December 3, 2007 Monday 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.

Charlie Blevins spoke with commissioners about his taxes. He will be back on Friday to discuss another matter when Clyde Killion is available.

Marty Pearson gave a road and equipment report.

Harold Coleman reported a tree over the road at 265^th and Quail Road.

Danny Shinn informed the commissioners of a culvert problem.

Harold Coleman also discussed phone problems his office is having.

Sam Mason asked commissioners about regulations on rural properties. Commissioners said the county currently has no zoning, but we’re working toward it.

Laura Hyer informed commissioners that Elbrader’s wants a letter in regard to the $1,000 donation he made to the County upon purchase of Laura’s truck for his tax purposes. The sheriff has written these letters before.

Harold Coleman and the commissioners discussed the possibility of Laura Hyer helping out in the Sheriff’s Office for a way to get her more pay. Harold will look into the situation.

Terri Johnson discussed a number of topics with commissioners. Commissioners said that Diane Bertone is working on the nuisance complaint in the Garland area through state regulations. Mrs. Johnson said that representatives from AT&T want to meet with commissioners to try to resolve issues we have with their equipment in the county right-of-way. She will coordinate with the county clerk to find a day in December where all commissioners will be here.

Mrs. Johnson asked for an executive session to discuss legal matters. Bill Brittain made a motion to go into executive session, for a period of 5 minutes, under the attorney/client privilege exception to the Kansas Open Meetings Act to discuss possible litigation. 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 10:54 am and ended at 10:59 am with no action.

David Neville talked to the City. They will be using their camera to look into the sewer pipes for us. In the meantime, he presented grinder quotes as follows:

Company	6”	8”
Letts, Van Kirk	$24,859	$25,076
Franklin Miller	$24,978	$24,978
Fluid Equipment	$26,206	$26,866
Yeoman’s Chicago Corp	$27,628	$28,120


He said he’s received the best references from Fluid Equipment. That’s the Muffin Monster from whom we had a demonstration. Commissioners would like Mr. Neville to check on warranties and guarantees from the two Kansas City area companies: Letts, Van Kirk and Fluid Equipment.

David asked if the commissioners had made any decisions about security cameras yet. Not at this time.

Mr. Neville reported that the vendor said it’s up to us if we want to lock the dumpster. Commissioners asked David to speak with the Road & Bridge crew on ways to lock it. Mr. Neville said he would report back on the dumpster and the grinder on Friday.

Laura Hyer reported back to the commissioners. Mr. Elbrader told her he understood the $1,000 was to go toward his property taxes, not income taxes. Commissioners all agreed they don’t have the authority to do that. The commissioners reiterated that any letter given to Mr. Elbrader should indicate that the $1,000 should be for his income taxes, as it was a donation to a government entity.

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

THE BOARD OF COUNTY COMMISSIONERS
OF BOURBON COUNTY, KANSAS

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

ATTEST:
(ss) Joanne Long, County Clerk

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December 7, 2007 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.

Clyde Killion gave a road report. The road crews are ready for the winter storm this weekend.

Joanne Long presented the proposed budget amendment for the Road & Bridge, Road & Bridge Sales Tax and Landfill funds, as prepared by Terry Sercer. The amendments are proposed as follows:

Fund	2007 Budgeted Expenditures	2007 Amended Expenditures
Road & Bridge	1,950,382	2,189,629
Road & Bridge Sales Tax	854,136	924,452
Landfill	144,458	178,857


Bill Brittain made a motion to publish the budget amendment as presented and to set a budget hearing for 10:00 am, Friday, December 21, 2007. Terry Graham seconded the motion and all voted in favor.

Terri Johnson informed commissioners that she will be meeting with Dale Yager at 2:00 pm Monday.

Mrs. Johnson asked commissioners for authorization of up to 20 hours overtime for Angel Wilson to work on archiving records to storage. Commissioners authorized the overtime.

Terri also informed commissioners of a meeting with the AT&T representatives set for December 17^th at 11am.

Terry Graham made a motion to transfer $193,000 from Road & Bridge Sales Tax to Road & Bridge to reimburse expenses paid by Road & Bridge in 2007. Gary Houston seconded the motion and all voted in favor.

David Neville met with commissioners. He said the city says the sewer pipe is 6” clay which means we can get the less expensive 6” grinder. He also spoke with the plumber who recommends using the submersible pump motor style. That will increase the cost of the grinder by about $3,000 to $4,000. That set-up would protect against the sewer backing up into the air conditioner cooling tower or the boiler. The warranties offered are one year parts only from Fluid Equipment and one year parts and labor from Letts, Van Kirk, but Van Kirk doesn’t offer the submersible pump for the size we need. Fluid Equipment does. David checked with newer jails to see what they’re doing and some are installing traps under each drain to trap items. Others either want to or have installed grinder pumps like we’re considering. Commissioners asked Mr. Neville to call Stoughton to see if they know of any other alternatives and to call Fluid Equipment to say we’re very interested in their product and ask if give us a parts and labor warranty.

Bob Farmer called commissioners. The City of Fort Scott has condemned a house at 11 N. Broadway and the church next door to it would like to purchase the property and tear it down. They have asked the city and county to help with the costs to dispose of the debris. The commissioners agreed to waive the C&D charges at the Landfill and Mr. Farmer said the City of Fort Scott would pay the State Tipping Fees for the project. Mr. Farmer thanked the commissioners

Carrie and Don Elbrader met with commissioners. The Elbrader’s sold a truck to Emergency Preparedness this spring. They gave us $4,000 for a trade in and the remaining balance was $6,000. We paid $5,000 with the understanding that the remaining $1,000 would be considered a donation to a government entity and we would give him a letter to submit with his income taxes. Mr. Elbrader believed it would be used to reduce his property tax and does not want to donate it to us for his income tax. He would rather we pay him the $1,000. Commissioners authorized payment to Elbrader’s for the remaining $1,000.

Terry Graham made a motion to appoint Gary Houston to the Executive Committee of the Southeast Kansas Regional Planning Commission (SEKRPC). Bill Brittain seconded the motion and all voted in favor.

Mark Ward spoke with commissioners about the bailiff situation. He confirmed the information about our insurance wanting any bailiff to be an employee and asked what the total cost would be for an employee with annual wages of $18,000. It would be about $25,000 total expense.

Harold Coleman informed commissioners that he spoke with Clayton Tatro, President of Fort Scott Community College about a campus deputy. Such a person would need a sponsor in law enforcement and would need to be a County deputy for training. He wants to find out the liability on us if we sponsor them. They want to have someone who is to handle school infractions without necessarily involving law enforcement.

Lee Davis spoke with commissioners about the Noxious Weed budget. He is looking to replace the Noxious Weed Truck and wants to transfer any remaining Noxious Weed budget at the end of the year to the Noxious Weed Equipment Fund.

Karen Paddock told commissioners she will have about $20,000 surplus in her budget at year end and asked if she can purchase bullet-proof vests for the deputies out of her budget. Commissioners approved the request. Harold Coleman said they cost about $800 each.

Rhonda Fernandez met with commissioners about health insurance. She said that Preferred Health wants to keep our business and has agreed to renew our current plan with no increase. She also went over some proposed HRA options. She said that she fears if the employee has no out-of-pocket responsibility, as is being offered by Coventry, it could set the County up for a larger renewal after a year. She thinks the County should be looking for long-term solutions in their employees’ health care. After discussion, Terry Graham made a motion to renew the Bourbon County health insurance with Preferred Health at the following rates:

Employee only	$434.52
Employee/Spouse	$974.88
Employee/Child(ren)	$871.83
Employee/Family	$1,392.69

Gary Houston seconded the motion and all voted in favor.

Joanne Long asked commissioners what they want to do with Life and Dental insurance. Commissioners do not want to change them. Ms. Long asked that the commissioners strongly consider changing the Life Insurance as the current company changes the rates mid-month when an employee reaches an age where coverage lowers. This makes the billing very difficult as we end up overpaying and have problems trying to get the overpayment amount returned to us. No change.

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

THE BOARD OF COUNTY COMMISSIONERS
OF BOURBON COUNTY, KANSAS

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

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December 10, 2007 Monday 9:08 am

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

Clyde Killion gave a road report. He said that the road crews started treating the county roads on Saturday evening in preparation of the ice.

Dick Hedges asked Bill Brittain to view the Westar Building at 1:00 pm for a walkthrough for the City Hall Committee.

Ann Ludlum presented the monthly progress reports for the Extension Office. She also invited the commissioners to the Extension Council Open House this Friday from 10:00 am – 2:00 pm.

Charles Cress spoke with commissioners about a problem he continues to have with a gate being left unlocked.

Terry Graham signed three copies of an agreement between KDOT, the County and BNSF Railroad for project 6X-2640-01.

After routine business, the meeting adjourned at 11:20 am.

THE BOARD OF COUNTY COMMISSIONERS
OF BOURBON COUNTY, KANSAS

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

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December 14, 2007 Friday 9:00 am

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

Clyde Killion gave a road report. The road crews are prepping for the storm this weekend.

Bills and payroll for the period were reviewed and approved.

Curt Shankel updated commissioners on the Sewer District paperwork. He said Dale Yager is still waiting on a copy of the minutes and the notice of the public hearing. Shirley Goltra got that paperwork together to send to Mr. Yager.

David Neville discussed the grinder with commissioners. He said that Fluid Equipment included labor in their warranty but only on work done at the factory. The total price would be $30,795 installed. Commissioners want to wait until the first of the year, for budget purposes.

Mr. Neville also asked about security cameras. Commissioners also want to wait until the first of the year to do anything on that. Commissioners asked Mr. Neville to confirm the quoted prices will be honored in January.

Mr. Neville asked commissioners about installing panic bars on two of the east courthouse doors. He had two quotes.

D & J Glass	$ 898.00
Keenan Systems	$1,194.10


Commissioners approved the work through D & J Glass at $898.00

Laura Hyer reported on the projected snow storm this weekend. She asked commissioners if the road crews could clear the drives of the first responders, if necessary. Commissioners assured that Public Works will do it if it’s needed.

Gene Duvall asked commissioners about delinquent taxpayers. He wanted to know if everything is being done to collect and he wonders how depreciation of properties will affect the budget in the future.

Jimmy Nichols reported that he and Logan Probasco are certified trainers from their class in New Orleans.

Bill Brittain made a motion to extend the oil and gas lease with Western Land Services. Gary Houston seconded the motion and all voted in favor. Terry Graham signed the lease as chairman.

Shirley Goltra presented the information on the Drug and Alcohol screening. Commissioners would like the county attorney to review them to see which our insurance will approve.

Commissioners agreed to continue the glasses reimbursement plan for employees in 2008. The plan allows for up to $100 reimbursement for an employee for prescription eyewear.

Sharon Elder stopped in to thank the commissioners for the employee holiday dinner.

Frank Dikeman informed commissioners about a stopped up culvert on 225^th Street at the KOA Campground.

Judy Orton spoke with commissioners about the basement offices. She wants confirmation from the commissioners on what space is hers and what space is for use by Emergency Preparedness. Commissioners said the space is Judy’s and it’s up to her what she will allow Emergency Preparedness to use.

Ms. Orton discussed surplus items for the auction and commissioners asked her to discuss with Ms. Hyer what she needs and what she has to dispose of.

After routine business, the meeting adjourned at noon.

THE BOARD OF COUNTY COMMISSIONERS
OF BOURBON COUNTY, KANSAS

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

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December 17, 2007 Monday 9:04 am

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

Clyde Killion reported on the snow removal.

Laura Hyer said there’s help available for debris removal from the ice storm but Clyde said we don’t have any of substance to worry about.

Harold and Lela Simpson asked about a culvert on the county line. There’s no record on file of whether the road it’s on is open or closed but it used to be maintained by the road crew. Commissioners will do some research on the matter.

John Woodrich of Mercy met with commissioners to discuss the ambulance budget. Terri Johnson was also present. The contract expires at the end of the year. He’s here to see about putting together another multi-year agreement. Bill Brittain said that he spoke with Rita at Mercy this summer about the budget and was told at that time there would be no increase, so that’s what was budgeted for 2008. Mr. Woodrich said he will honor that for 2008 but said that there will need to be increases in 2009 and 2010. Terri Johnson asked if Mr. Woodrich would put together two separate agreements—one for 2008 and one for 2009 and 2010. That way we can have a contract for 2008 before the end of the year and we can pursue other options for 2009 and 2010 because of the 15% increase in 2009 and 2010 that Mr. Woodrich said would need to happen. He only asked that the County let Mercy know about 2009 and 2010 by July 1, 2008. Commissioners agreed with the request. Mr. Woodrich will draw up the contracts for review this Friday.

Mr. Woodrich also asked the County if there’s anything we need from Mercy. Commissioners apprised Mr. Woodrich of the concern that rural firemen have about receiving a letter allowing those with the proper certification to provide more detailed services to victims. He will see what can be done about that.

Bill Brittain left at 10:20 am for a doctor’s appointment which left no quorum for a time. He returned at 11:30 am.

Jim Irons and Brett Sayre with AT&T met with commissioners. Terri Johnson was also present. The meeting was scheduled to discuss lines in county rights-of-way. AT&T wants the County to pay for loss of use, labor and materials to repair line damages in our ditch. The County disputes that because we have to be able to maintain our ditches without fear of knocking out lines and want them to be closer to the landowner’s property and out of the ditch. AT&T feels it has statutory authority to use the ditches but Terri Johnson says the statute they cited is for cities, not counties and wants more information for us. No action at this time.

After routine business, the meeting adjourned at noon.

THE BOARD OF COUNTY COMMISSIONERS
OF BOURBON COUNTY, KANSAS

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

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December 21, 2007 Friday 9:45 am

The Bourbon County Commission met in open session with Terry Graham and Gary Houston present. Joanne Long was also present.

Clyde Killion gave a road report.

A budget hearing was opened at 10:00 am to hear comments and objections to amending three funds within Bourbon County. Terry Graham, Gary Houston and Joanne Long were present. The proposed amendments are as follows:

Fund	2007 Approved Budget Expenditures	Proposed Amended Expenditures
Road & Bridge	$1,950,382	$2,189,629
Road & Bridge Sales Tax	$ 854,136	$ 924,452
Landfill	$ 144,458	$ 178,857


At 10:09 am, after hearing no objections, Terry Graham made a motion to close the hearing. Gary Houston seconded the motion and both voted in favor. Terry Graham made a motion to adopt the budget amendments as published. Gary Houston seconded the motion and all voted in favor.

Harold Coleman met with commissioners. He asked for an executive session to discuss non-elected personnel. Terry Graham made a motion to go into executive session, for a period of 5 minutes, under the non-elected personnel exception to the Kansas Open Meetings Act. Gary Houston seconded the motion and both voted in favor. Those present for the session were Terry Graham, Gary Houston, Harold Coleman and Joanne Long. The session began at 10:10 am and ended at 10:15 am with no action.

Ronnie Brown asked commissioners about the situation with land in Hiattville.

Mr. Brown also discussed the See-Kan RC&D board. Laura Hyer is the current County representative but hasn’t been able to make many of the meetings. He thinks he’s found a replacement but wants to talk to everyone together.

Gary Houston was ill and left the meeting at 10:50 am leaving no quorum. The meeting, therefore, adjourned at 10:50 am.

THE BOARD OF COUNTY COMMISSIONERS
OF BOURBON COUNTY, KANSAS

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

December 24, 2007 Monday—No meeting Christmas Eve

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December 28, 2007 Friday 9:00 am

The Bourbon County Commission met in open session with Terry Graham and Bill Brittain present. Gary Houston arrived at 9:18 am. Joanne Long was also present. Minutes of the previous meeting were read and.

Bills and payroll for the period were reviewed and approved.

Lee Davis discussed his budget and asked that the commissioners approve transferring leftover money from the Noxious Weed to the Noxious Weed Equipment Fund. Commissioners think they will be able to do that closer to the end of January when we’re sure there are no outstanding encumbrances.

Clyde Killion gave a road report.

Sheriff Coleman, Susan Quick and Justin Meeks informed commissioners that the sale is on for today.

Joanne Long asked commissioners if they have put any consideration into who will be chairman in 2008. She also asked if they would consider passing the salary resolution now to help the payroll personnel who will be busy with year end.

Terry Graham made a motion to pass Resolution 02-08 and 03-08 with a 3% increase to all positions, including part-time and add-on positions, with the exception of the County Counselor and Assistant County Counselor and GIS Coordinator, as they are new positions in 2008. Bill Brittain seconded the motion and all voted in favor.

Terri Johnson spoke with commissioners about several items. She said that the proposed ambulance contract for 2008 looks fine. She also advised commissioners on the drug and alcohol testing.

Based on the recommendations of Terri Johnson, Gary Houston made a motion to reject all drug and alcohol testing bids. Terry Graham seconded the motion and voted in favor.

Bill Brittain then made a motion to ask for drug and alcohol bids again. Terry Graham seconded the motion and all voted in favor.

Terri Johnson will check with Judy Orton and Sharon Elder about a legal description of Lake Fort Scott for the sewer district resolution. Commissioners confirmed that the district only consists of the 141 platted lots at the Lake.

Bill Brittain made a motion to adopt a resolution establishing procurement procedures for the sewer district. Terry Graham seconded the motion and all voted in favor.

Joanne Long discussed with commissioners some positions that don’t exist anymore and the deductions for new employees when preparing the salary resolutions for signature. Bill Brittain made a motion to change the reductions in pay for new employees to the following: “Probationary Period: Anyone hired to Bourbon County will be paid the beginning wage for their position for four pay periods. After the four pay periods, the employee will either receive a 10% increase to the full wage, or will be terminated”, and to establish beginning pay for many positions on the salary resolution. Terry Graham seconded the motion and all voted in favor.

Gary Houston made a motion to increase the car wash reimbursement to $10.00/month effective January 1, 2008. Bill Brittain seconded the motion and all voted in favor.

Gary Houston made a motion to enter into a contract with Mercy for ambulance service for 2008 for $12,740 per month. Bill Brittain seconded the motion and all voted in favor.

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

THE BOARD OF COUNTY COMMISSIONERS
OF BOURBON COUNTY, KANSAS

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

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December 31, 2007 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 informed commissioners that a buyer at the tax sale has informed us that he thought he was buying a different house than what he bought. He wants to cancel the sale. Susan Quick will be in later this morning, hopefully with the attorney to discuss this.

Sheriff Coleman also talked to commissioners about the CERT training the jail employees are doing. He said that part of the training requires the officer to be treated like a hostile prisoner and taken down and pepper-sprayed. He doesn’t like that they must be pepper-sprayed. He informed commissioners that he won’t require his employees to do that for training.

Susan Quick reported on the tax sale last week. It grossed $13,120 and there was standing room only. She wants to set up for another sale next summer. Sheriff Coleman will be depositing the proceeds with the Treasurer and then Susan will issue a check to District Court, as the Court doesn’t accept the personal checks that were written at the sale.

Joanne Long spoke with commissioners about County holidays for 2008. Of particular concern is that Christmas and New Year’s Day will fall on a Thursday in 2008. No action at this time.

Harold Coleman and Terri Johnson spoke with commissioners about the tax sale and the situation with the buyer wanting to renege on his purchase. Mrs. Johnson told commissioners she believes the sale is final. She hypothesized that if a person paid cash, there would be no question. Also, if you allow one person to back out, you would open the flood gates and no sales would ever be finalized.

Mrs. Johnson also spoke with commissioners about the sewer district formation resolution. She’s going to ask Sharon what she’ll accept as a legal description.

After routine business, the meeting adjourned at noon.

THE BOARD OF COUNTY COMMISSIONERS
OF BOURBON COUNTY, KANSAS

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

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