July 2007 Minutes

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

July 02, 2007	July 06, 2007
July 09, 2007	July 13, 2007
July 16, 2007	July 20, 2007
July 23, 2007	July 27, 2007
July 30, 2007

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July 02, 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. Commissioners discussed the recent flooding and rainfall and their effects on the County roads. Clyde and Tom McNeil will be driving around taking pictures to help with damage assessments from the flooding. Mr. Killion also verified that there is no mandatory work on July 4^th at this time. Clyde will know more after he drives around.

Allen Warren, Treasurer of the Bourbon County Fair Association, presented the budget request for 2008. They are requesting $13,500, the same amount as in 2007. He also reported on improvements to the fairgrounds this year, such as air conditioning the Meyers Building, construction of a new, multi-purpose building and demolition of the west horse barn. These projects are funded by the Shirley Yeager estate.

Nina Yakel met with commissioners to ask about her sewer and water pipe problem at Elm Creek. The commissioners said that Taylor Plumbing will work on it. They will coordinate with Clyde to get a backhoe from the Road Department. They also stressed that it’s too wet right now to do it.

John Wunderly asked commissioners to put white stripes on the outer edges of Old Hwy 69. Commissioners have discussed it in the past, but learned from the insurance company that if we stripe one road we must stripe them all. Also, the striping technique only works on new asphalt or else it comes right off. No action.

After routine business, the meeting adjourned at 11:17 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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July 6, 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. Bill Brittain inquired about getting an extension on our lease of the Asphalt Zipper due to the heavy rains and indicated he will ask the company about it.

Commissioners discussed replacing the motor in the loader at the rock quarry. It will cost between $38,000 and $39,000 to rebuild or $45,500 to purchase a re-manufactured one. Commissioners approved the rebuilding option.

Shirley Goltra relayed a phone message from Henry Ericson asking if the Noxious Weed Director can spray around rural intersections. Mr. Ericson thinks the high weeds at intersections are a safety hazard.

Laura Hyer reported to commissioners on crop loss due to the recent floods. Doug Neimier, Bill Schoenburger and Delta George have completed a USDA Flash Situation Report and submit the following to Bourbon County:

Estimated Crop Loss:

Crop	Acres Planted	Prevented Planted	Affected Acres	% Loss
Corn	5,300	2,660	3,985	75%
Beans	20,000	10,960	17,960	50%
Wheat	10,520	0	7,891	85%


Ms. Hyer discussed getting help from FEMA for the flood damage to County roads and bridges. The estimated damage is $500,000, according to the commissioners. The commissioners asked how FEMA would reimburse us for these damages. Ms. Hyer said that Emergency work assistance of approximately $59,000 should be paid by September but the balance of the Permanent Work could take up to a year. It is advised to keep our invoices for our expenses and to try to stay within budget if possible.

Shirley Goltra asked commissioners if they wanted to deposit the July rent check for the Couch Street Tower since we will be selling the property. The commissioners directed Mrs. Goltra to deposit the money, as usual.

Jessie Evans met with commissioners to inquire about people getting a court-appointed attorney out of County. He feels people don’t get a fair defense with the court system here.

Bill Brittain left the meeting at 9:55 am to attend an Economic Development meeting.

Adam Feagins met with commissioners again to find out about the road access he needs. The commissioners would like to meet Mr. Feagins at the site on Monday at 11:00 am to view it.

Charlie Blevins asked commissioners about repairs needed to a field entrance on his property.

David Middleton, Fire District 3, met with commissioners about a property line in Hiattville. Commissioners will discuss it with the county attorney.

Kregg and Mary Blankenship spoke with commissioners about their taxes. They have been charged the commercial rate (25%) on some residential property (11.5%) they own for the past seven years. They have filed a protest with the appraiser but that only lowered the 2007 valuation. They are concerned about the other years. Commissioners will discuss the situation with Judy Orton.

Terry Graham signed quarterly sales tax reports.

After routine business, the meeting adjourned at 12:10 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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July 9, 2007 Monday 9:00 am

The Bourbon County Commission met in open session with all commissioners present. Shirley Goltra was also present.

Doylene Kennedy reported that she worked 8 hours over preparing photos and other documents from the flood for the FEMA meeting which was held on Sunday. Commissioners verified that she would be paid for it. Commissioners also signed the quarterly CFAP report for Wildlife and Parks.

Clyde Killion gave a report on County roads and bridges.

Bill Van Kirk met with commissioners to present the 2008 award of grant funds for the 6^th Judicial District Community Services program.

Bob Chase, Janet Braun, Sam Mason and Allen Houser met with commissioners to present the 2008 Southeast Kansas Mental Health budget request.

Terri Johnson met with commissioners. She advised commissioners to sign paperwork she has associated with the settlement on the bridge. Commissioners and Mrs. Johnson signed the paperwork and directed the clerk’s office to deposit the settlement check into the Special Bridge fund.

Bills and payroll for the period were reviewed and approved.

Charlie Blevins met with commissioners to ask how to recoup losses on crops from the recent floods. Terry Graham informed Mr. Blevins that Laura Hyer recommends he report the loss to the ASC office in town.

At 10:00 am, bids were opened for the sale of property the County owns on Couch Street in Fort Scott. Only one bid was received. It was from SBA, the company which has been paying the lease on the property, in the amount of $74,000.00. Gary Houston made a motion to accept the bid from SBA. Bill Brittain seconded the motion and, with the approval from the county attorney, all voted in favor. Terry Graham signed the agreement letter and it will be returned to SBA for signature and returned. Deed transfers will happen at that time.

Judy Orton presented the 2008 Appraiser’s Office budget to commissioners. She clarified that GIS will be its own department in 2008 and Shane Walker will be solely under its employ. Therefore, she will need to hire someone in her office to take his place.

After routine business, the meeting adjourned at 10:45 am for commissioners to meet Adam Feagins about access to property from a road that hasn’t been maintained.

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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July 13, 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 meetings were read and corrected.

Harold Coleman asked commissioners if he could have the prisoners paint the cannon and cannonball in the courthouse yard. Commissioners approved the request. Sheriff Coleman said that the paint was donated from Sherwin Williams.

Clyde Killion gave a road report. He said we should be back to working on the hard surface program next week. He also said that Duane Ledford resigned as Elm Creek Lake Caretaker on Monday evening. Several people have expressed an interest in the position. No action at this time.

2008 Budget requests were received from Fire District 3, District Court, Landfill, Special Bridge, Road & Bridge, County Clerk, Election, Courthouse General, Coroner, Employee Benefits, County Treasurer, Noxious Weeds and Register of Deeds.

Christy Maycumber and Tonya Cliffman of WalMart met with commissioners to ask how we’ve been enjoying the cardboard baler. They would also like to have the recycling trailers at WalMart once or twice a month. We currently have recycling in Fort Scott once per month on the north end of town. The commissioners and Clyde Killion said that our ultimate goal is to increase the recycling program to one that makes a profit for Bourbon County. After discussion, the commissioners authorized scheduling for recycling at WalMart for the first weekend per month and still have the third weekend at Fort Scott too. Ms. Maycumber said WalMart is also looking on their end to see if they can take care of the disposal too and just give the proceeds to the County.

David Neville met with commissioners about the work for the porch. He got specifications from Rick Zingre. Mr. Zingre recommends having a pre-bid meeting and setting a bid due date. He will have bid packets available to interested parties. Commissioners asked Mr. Neville to set it up.

A public hearing was held at 10:00 am, for consideration of disposal of surplus county property in Hiattville. Those present were Mark Brillhart, Lou Howard, Mary Alice Wescoat, Gary Skinner, John Ericson and Mel Endicott. Mr. Skinner said that Mr. Brillhart erected a fence adjacent to Mrs. Wescoat and his goats are out a lot. He also said that Mr. Brillhart has fence posts in the County ditch which doesn’t allow the road grader to maintain the ditch. Mr. Brillhart said he was under the impression that he owned that property already when he purchased it recently. Mr. Endicott is upset that Mr. Brillhart placed a fence without a survey. He would like a monument set to determine where the property line is. Commissioners confirmed that no one had any objections to the transfer of property. The group agreed. Terry Graham said it is not County policy to pay for surveys to settle land disputes. It sounds like a civil matter. The consensus of the room was that they want to know the boundary of Lot 1 so everyone can know where their property is and also where the fence line should be. Commissioners will need to talk to the county attorney about the monument/survey issue. The public hearing was closed at 10:22 am with no action.

Shane Walker presented the 2008 GIS budget request. He says he’s been coordinating with Jeff Davis for some expenses in getting a secure link for mapping. Bill Brittain suggested that maybe we can strike a deal with the city for GIS for dispatch. He will speak with Richard Nienstedt about it. Mr. Walker said that the possibilities are limitless for GIS with the layers of information that can be added. The only thing left figuring a wage for GIS Coordinator.

Lynn Smith presented the 2008 Computer budget request. Disaster recovery is a new area of concern since the Greensburg Tornado. She would like to get a fire/water proof safe or vault for back up tapes. If we do the vault, we may not need to use InfiniTec’s disaster plan where we send tapes to them. Commissioners like that idea.

Tom McNeil informed commissioners that Beth Rowlands will be here Tuesday to review our sanitation codes. She said if we have any questions or concerns, to write them down for her.

Nina Yakel met with commissioners with a few questions. She asked if Taylor Plumbing gave any time frame for the work at the caretaker’s house. Commissioners aren’t aware of one. She also said she will need help from the road crew to drive sign posts at the lake for the signs she has to post. She also asked commissioners about the stoves and refrigerators at the shelter houses. Some shelter houses are missing one or both. Commissioners discussed only putting refrigerators in them for campers. She will need to see if the refrigerators that are there are cooling properly. She will use a thermometer to check. She asked if Ross Schwalm or another employee with a side-arm mower can mow the grass at the dam. Commissioners will have someone take care of it when they’re in the area. Lastly, Mrs. Yakel said that the fish feeders will empty out in about four days and she was just informed that Duane Ledford resigned. Commissioners advised her to call Clyde with lake issues until a decision is made about whether or not to replace the caretaker. Mrs. Yakel reminded commissioners that her family is interested in being the sole caretakers.

Mrs. Yakel also informed commissioners that rock is needed between the boat ramp and the shelter house. It flooded during the heavy rains. Commissioners said it should be part of our claim to FEMA.

Jay Sanborn asked commissioners for ditch work in his area.

After routine business, the meeting adjourned at noon.


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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July 16, 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.

Robert Jackson and Earl Brown met with commissioners. Mr. Jackson asked if commissioners have a way of regulating the oil wells being dug in the county. No, but that’s something that GIS can help with. There was also discussion of the speed limits on gravel roads in Hiattville. Mr. Brown said the speed limit is 45 MPH but there are no signs.

Terri Johnson met with commissioners. Mr. & Mrs. David Middleton also met with commissioners. Robert Jackson and Earl Brown were present also. There is some question as to who owns what in Hiattville. Commissioners said that the county attorney is here to observe and then research. The question surrounds the vacated railroad section and Mr. Brown’s property. Mr. Brown thinks he owns everything except a long 75’ strip of land. His property description on the tax roll says it’s just to the center line of the vacated railroad. Once it is determined what Mr. Brown owns and what the County owns, we can set up the public hearing to dispose of the unmarketable property, as we intended to do in 2006. It wasn’t finalized in 2006 because the Hiattville Fire Department said they use that property during homecoming and other public events. Mr. Middleton and Mr. Brown may reach a private settlement for some land to help square off a lot. That is a private matter and not of County concern. Mr. Jackson thinks that once everything is settled with this matter, that all parties should get together and place a corner post to determine the border to clear any questions about it for the future. Mrs. Johnson will take the information from this meeting to the Appraiser’s Office to research the property lines.

Adam Feagins met with commissioners again to ask about the access to his property on Juniper Road. Commissioners viewed it. Mr. Feagins will flag what he needs and the County will provide access to it. This will access two properties.

Clyde Killion gave a road report.

Harold Coleman met with commissioners. Commissioners discussed speed limits in Hiattville. The speed limit on gravel is 55 MPH unless otherwise posted.

Commissioners left at 10:15 to meet at 11:00 am at Hiattville. They were also invited to a ribbon cutting ceremony at 11:30 am at the Bourbon County Fair. They returned at noon.

Commissioners discussed having a free period to dump flood debris for Bourbon County residents. The commissioners have been contacted about it but need to be sure that only debris from the flood is dumped, because that’s all FEMA will reimburse us for. Therefore, commissioners authorized a press release to be written, instructing Bourbon County residents affected by the recent floods, to contact the Public Works office to coordinate free dumping of flood debris at the County landfill. Only that debris that is from the flood will be allowed for free. Persons should contact the Public Works office by July 31^st.

Commissioners discussed their meeting at Hiattville. There are new issues as to whether a road and two alleys are open or closed. No action at this time.

After routine business, the meeting adjourned at 12:15 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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July 20, 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.

Barbara Sanders met with commissioners to discuss a road in Hiattville which Mark Brillhart has indicated he wants maintained. She cited K.S.A. 68-115b which she interprets to say that the County has to hire a surveyor for road disputes. She would like it to be vacated. Commissioners don’t see a reason to open it at this time, but won’t close it officially until they’ve spoken to county attorney because of legal requirements.

Laura Hyer met with commissioners. She said Bourbon County has received approval for public and individual assistance from the flood. She also reminded commissioners of the meeting today with FEMA at 1:30 pm. She would like someone from the commission to attend. This will be for further assessment of public entity damages, which includes the County, City of Fort Scott and the watershed districts. She said that the damage to the EOC from flooding will be reimbursed but she wants to use those funds to help set up the Heartland Tower for continuity of government in case the courthouse is shut down because of some emergency. She mentioned that in Montgomery County, the courthouse was evacuated because of the contaminated waters and the fact that the courthouse had no utility services to be kept functioning.

Terry Graham reported that there is a meeting on Monday at 3:00 pm in Chanute with area senators about the flooding. Bill Brittain will attend for the County. The Secretary of Labor and others are meeting regionally to discuss recovery efforts.

Clyde Killion gave a road report. He said the County began patching this week.

Budget requests for the Sheriff, Correctional Center, Emergency Preparedness and County Attorney were received.

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

Gary Skinner and Barbara Sanders met with commissioners about Hiattville. Mr. Skinner has questions to ask and pictures to show. He said that Earl Brown is putting in airstrips, Lou Howard wants the land to develop housing and Mark Brillhart wants to have more goats. He’s tried to make his property very appealing and is concerned that these endeavors are encroaching on his property. Commissioners reminded Mr. Skinner that Bourbon County has no zoning so the County has no control over that, if it is the case. They also cannot comment on what will be done about the road Mr. Brillhart says he wants maintained until the county attorney researches all the information Mr. Skinner and Ms. Sanders have presented. On a separate road issue, Ms. Sanders does want part of an existing road (Dogwood) vacated. Commissioners advised them of the process.

Mrs. Gooding, 2210 Wagon Road, asked commissioners who is supposed to mow her easement. She’s at the Fulton exit and 69 Hwy. Clyde Killion indicated that he knows they’ve been in that area once this year. Mrs. Gooding agreed but added that the mower tore her dirt embankment with his mower. Gary Houston indicated that will go up and take a look at it, as it is in his district.

Terry Graham read part of a letter from Kansas Department of Health and Environment which says the County needs to have a surveyor record the elevation of our monitoring wells. We will hire someone to handle it.

Clyde Killion asked if commissioners want to look at a building for possible expansion of our recycling program on Wall Street. Commissioners set it up for next Friday at 11:00 am to be viewed by the Commission.

Laura Hyer called to ask that the Heartland Tower be sprayed for noxious weeds. Terry Graham passed the message along to Lee Davis. He said he can do it next week.

After routine business, the meeting adjourned at 11:00 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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July 23, 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.

Keith Meech asked commissioners about replacing a bridge south of Hammond. At the very least, he would like a low water crossing there. Commissioners said it would have to be placed on the five year bridge plan.

Terri Johnson met with commissioners to discuss the Hiattville situation. She is still researching some aspects.

Terry Sercer met with commissioners for preliminary budget discussions. He left copies of the budget for commissioners to peruse and will be back on Friday for revisions.

Curt Shankel met with commissioners to give a Lake Fort Scott update. He said there will be a meeting, August 28^th, in Topeka.

Joe White spoke with commissioners about a neighbor burning in the ditch. Commissioners will notify the authorities.

Doylene Kennedy requested approved overtime for herself and Lois Coyan to comply with the reporting requirements for FEMA for the flood damage, which Ms. Kennedy says are more extensive than ever before. Commissioners approved the overtime.

Ms. Kennedy also reported on the County’s booth from the Bourbon County Fair. She said it was quite popular and she would like to have a booth in 2008 too and cater it more toward the children.

Commissioners signed a railroad crossing agreement with BNSF railroad for the crossing on Poplar Road. This agreement states that the County will install and maintain advance warning signs at that crossing.

Harold Coleman met with commissioners. They discussed the article in the newspaper about dispatch for Bronson. Bill Brittain said the city has suggested the County deputize Gene Parker so that he can be a part of the County’s agreement for dispatch. Sheriff Coleman is not prepared to do that at this time. However, the commissioners suggested sending a letter to the City stating that since the County now pays $50,000 annually for dispatch, it should cover all law enforcement emergency personnel who need dispatching, which would include Bronson PD.

Bill Brittain left the meeting at 11:20 am to attend a meeting at City hall.

After routine business, the meeting adjourned at noon.

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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July 27, 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 corrected.

David Neville met with commissioners to discuss the tree on the southeast corner of the courthouse property, which he has spoken to commissioners about in the recent past. He contacted two tree businesses and got conflicting suggestions. Wiebelaus said it’s beyond hope and needs to come out, but Doug Miller thinks it can be trimmed and saved. Commissioners asked to get it trimmed.

Terri Johnson met with commissioners to discuss her budget. She increased her Contractual expenses in 2008 to include the SART/SANE or “Rape Kit” exams. By statute, those exams are to be paid by the prosecuting attorney. She also asked that the commissioners continue with the salary survey increases. She would also like to get compensation for County Counselor. She said that was not included in the information for the salary survey, but she called those counties and got information on county counselor pay. She has been our County Counselor without compensation for six years and would like to begin getting paid for that. She would also like the Assistant County Attorney to be compensated at a lower rate because she does assist with County Counselor duties. She asked commissioners to please consider compensating her for it or else she will not be able to continue with County Counselor duties in the future. She understands that realistically the Commissioners cannot begin to compensate her at the rate these other counties are paying but she would like it to start. The commissioners will consider the request.

Jimmy Nichols and Terri Johnson met with commissioners about the jail. Due to recent events in the jail, they had to close E-Pod this week and send those prisoners to another county to house them. E-Pod is currently uninhabitable and dangerous. Bill Brittain said that the jail situation is on the front burner once the 2008 budget is set. In the meantime, we need to get E-Pod functioning again.

Laura Hyer popped in to say that individuals are beginning to get money from FEMA for the flood. She also said that the County is to meet with FEMA on Monday at 3:00 pm.

Terry Sercer met with commissioners to work on the 2008 budget. He will continue working with commissioners on Monday.

Commissioners had to re-schedule the tour of the proposed recycling site until Monday at 11:00 am due to extended budget discussion.

Payroll for the period was reviewed and approved.

After routine business, the meeting adjourned at noon.

THE BOARD OF COUNTY COMMISSIONERS
OF BOURBON COUNTY, KANSAS

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

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July 30, 2007 Monday 9:00 am

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

Clyde Killion gave a road report.

Lee Davis asked commissioners if the cost of the aerial spraying for Elm Creek Lake will come out of his budget or the General Fund for Elm Creek. Commissioners said to take it out of the General Fund. The cost will be roughly $1,900.

Terry Sercer met with commissioners to work on the 2008 budget. The bulk of the meeting was spent on the 2008 County budget.

Judge Ward and Karen Paddock met with commissioners to discuss their 2008 budget request. Security is the big issue. Area counties are already addressing it. The commissioners agreed that security is important.

Accounts Payable for the period were reviewed and approved.

Commissioners wrote a letter to the Kansas State Fair and Festival Association endorsing Mary Ann French to be inducted to their Hall of Fame.

Commissioners left the meeting at 11:17 am to view the proposed recycling location. Meeting adjourned.

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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