These are the minutes for November 2007, as approved by the Bourbon County Commission.
November 2, 2007
November 5, 2007
November 9, 2007
November 12, 2007-Holiday
November 16, 2007
November 19, 2007
November 23, 2007-Holiday
November 26, 2007
November 28, 2007 (special meeting)

November 30, 2007
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November 2, 2007     Friday  9:00 am
 
The Bourbon County Commission met in open session with all commissioners and the county clerk present. 
 
Mark Pressly, a resident of the east side of Lake Fort Scott met with commissioners to ask several questions about the proposed sewer district and about the lake in general.  He asked the commissioners their views on the sewer district and asked if the holding tanks weren’t sufficient at this time.  Commissioners responded that there’s a water quality issue there as the lake is a drinking source for the City.  The Kansas Department of Health & Environment (KDHE) says the lake needs to be cleaned up, and although they are not ordering us at this time, they will someday.  The sewer district is a preemptive strike for this.  Also, though most of the holding tanks are working properly, there are some that are not.  Mr. Pressly asked if the City will handle maintenance and repairs to the system if/when it is in place.  Commissioners said that an agreement will be signed between the City and the Sewer District (once it’s formed) to guarantee maintenance and upkeep of the system.  Mr. Pressly is also concerned about those who are only weekenders who will not have anything going through the pipes on a daily basis as is recommended.  Commissioners said that the engineer is best able to answer some of the more technical questions and Mr. Pressly will coordinate his questions through us so that we can get them answered for him.  Mr. Pressly also asked what will happen if the sewer district idea fails.  Commissioners said that the current holding tanks will be more strictly monitored by the county sanitarian.
 
As for general lake questions, Mr. Pressly received verification that the water and park/dock areas are owned and patrolled by the City, while the roads and homes are the responsibility of the County and the sheriff, respectively.  The $150 lake frontage fee and new camping rules are with the City.
 
Curt Shankel updated commissioners on the petition progress.  He also reviewed the next steps in the process of setting up a sewer district.  Bill Brittain made a motion to set a public hearing for consideration of the sewer district for 10:00 am, Wednesday, November 28, 2007, in the Commission Room.  Terry Graham seconded the motion and all voted in favor
 
Mel Cummings briefly spoke with commissioners about Lake Fort Scott.  He discussed problems at the south end from last year’s drought.  He wondered if the increased revenue from the higher valuations at the lake could be set aside to pay for any improvements to the water issue, rather than doing this sewer district.  Commissioners explained that the tax dollars cannot be segregated like that
 
Judy Orton met with commissioners to have a contract with R&S Digital signed for GIS.  She explained that Terri Johnson reviewed it an asked that a clause be added for the cash-basis law and now it’s here for signature.  It is for budgeted items on the mapping and is actually less than budgeted as it’s only for two months worth of 2007.  Commissioners signed the contract.
 
Ms. Orton also said charging for GIS will be discussed at the Kansas Association of Counties annual conference later this month.
 
Terry Graham left the meeting at 10:13 am.
 
Harold Coleman met with commissioners.  He said that new laws require the sheriff’s department to register many types of offenders three times per year.  This is putting a strain on the sheriff staff.  He also said the short-staffing is becoming a problem during the night shifts. 
 
Commissioners received thank you notes from the City of Mapleton for prisoner trash pick-up, Winfield Scott Elementary for the jail demonstration and Fort Scott Community College for help with the walking trail.
 
Laura Hyer met with commissioners.  She requested an executive session to discuss courthouse security.  Gary Houston made a motion to go into executive session, for a period of 5 minutes, under the security exception to the Kansas Open Meetings Act.  Bill Brittain seconded the motion and both voted in favor.  Those present for the session were Gary Houston, Bill Brittain, Laura Hyer and Joanne Long.  The session began at 10:40 am and ended at 10:45 am with no action.
 
Bill Brittain left the meeting at 10:55 am.  Meeting adjourned at 10:55 am for lack of a quorum.
 
                                                                 THE BOARD OF COUNTY COMMISSIONERS
                                                                 OF BOURBON COUNTY, KANSAS
 
                                                                 (ss) Gary Houston, Commissioner 
                                                                 (ss) Bill Brittain, Commissioner
ATTEST:
(ss) Joanne Long, County Clerk
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November 5, 2007       Monday     9:00 am
 
The Bourbon County Commission met in open session with Bill Brittain and Gary Houston present.  Joanne Long was also present.  Minutes of previous meetings were read and corrected.
 
Karen Paddock met with commissioners to ask them to look at the situation today on 3rd floor to see why they need a bailiff.
 
Clyde Killion gave a road report.
 
Jimmy Nichols spoke with commissioners about the training he is to attend later this month.  He wants to know if another person from the jail can attend as well as the program is asking that two people from each agency attend.  Though the training is costly, it will be reimbursed when we have people on staff who can train others in neighboring counties.  Commissioners approved the request.
 
Rayma Silvers, Jimmy Nichols, Harold Coleman and the commissioners discussed the reasoning for forming the jail committee and discussed the history of our jail and the possible and probable future needs.  The meeting was held in the commission meeting so the Tribune reporter could have simultaneous access to all parties for information on the topic.
 
Johnny Walker spoke with commissioners about Lake Fort Scott.  He wants to erect entrance signs to the lake and asked the County’s permission to place them.  Commissioners said he would need to speak with the City as the land he’s talking about is owned by the City.  He also informed commissioners of an eroded area in the road on the east side of the lake.
 
Lee Davis wants to get a larger supply of the noxious weed calendars the southeast district put together.  There was discussion of having them available for local farmers who need them.  A price needs to be worked out.
 
Bill Brittain spoke with Karen Paddock about the bailiff situation.  He asked if a bailiff could be a state employee and therefore under the complete direction of the District Court.  She said she thinks she can do that with contract labor.  Commissioners hope that part of courthouse security can be taken care of now.
 
Laura Hyer asked commissioners about moving the dumpster from next to the courthouse to next to the street.  It’s one of the security measures recommended.  David Neville is waiting for commissioner approval before he has it moved.  She said that he has spoken with the City codes officer and worked everything out on that end
 
Ms. Hyer also asked commissioners about implementing an employee health program for access to health club equipment and also asked about a car wash allowance.  Joanne Long explained that the sheriff’s deputies get $7.50 per month to wash their vehicles.
 
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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November 9, 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 presented pipe quotes.  Christine Carnevale, Pro Building, was present for the opening and reading of the quotes.  Three were received.
 
Judy’s Iron & Plumbing
50-15x24’ arch tubes (welded seam)
25-Dimple Bands
$ 9,630.00
$    428.00
$10,058.00
Welborn Sales
50-15x24’ arch tubes (welded seam)
25-Dimple Bands
$  8,880.00
$     420.00
$  9,391.00 (includes fuel service charge)
Judy’s Iron & Metal
50-15x24’ arch tubes (lock seam)
25-Dimble Bands
Wrong items.  Bid thrown out
 
Bill Brittain made a motion to accept the quote from Judy’s Iron & Plumbing, as it is less than 10% higher than the lower quote.   Terry Graham seconded the motion and all voted in favor.
 
Curt Shankel reported that he’s almost ready to turn in the petition for the sewer district.
 
David Neville and Laura Hyer spoke with commissioners about moving the courthouse dumpster.  It will be quite costly to do so.  Commissioners asked Mr. Neville to come up with a plan of action. 
 
Laura Hyer wants to talk to the commissioners about the basement.  She will come back at 11:15 am after all the commissioners’ appointments are over.
 
Doylene Kennedy asked Terry Graham to sign the monthly sales tax report for the landfill.  She also asked him to sign the contract for the Community Fisheries Assistance Program (CFAP) grant with KDWP.  Bill Brittain made a motion to allow Terry Graham to sign the documents.  Terry Graham seconded the motion and all voted in favor.
 
Ed McLiney, McLiney & Associates and Mike Christianer and Kwame Smith, SFS Architecture, met with commissioners to discuss the jail project.  Commissioners asked to look at costs for a 125-150 bed facility.  They also want to be able to build on later.  When asked if commissioners want costs to renovate the existing facility into holding cells with this proposal, commissioners said not at this time.  They would like the information by the first of December.
 
Joanne Long asked commissioners about Laura Hyer’s request for the vehicle washing allowance to.  Bill Brittain made the motion to provide $7.50 per month to Laura Hyer and Tom McNeil for vehicle washing, effective November 2007.  Terry Graham seconded the motion and all voted in favor. 
 
Rhonda Fernandez, Professional Insurance Consultants, met with commissioners to discuss an HSA or HRA for the county.  She is concerned that the proposed plan would jeopardize our utilization and has other questions about the specificities of an HRA.  The commissioners asked her to put questions in writing to be answered by the insurance company.
 
Tex Crutcher, Matt Quick, Tom Quick and Derek Jones spoke with commissioners about the entrance road to Lakeview Estates.  There’s a problem with water on the roadway.  The water that comes down from the higher areas isn’t being maintained by the current ditch system.  Commissioners are hesitant to intervene because it involves a private drive.  Commissioners will have Terri Johnson look into the situation for us and advise us of our responsibility on this issue. 
 
Commissioners went to basement to view construction issues with Laura Hyer and Judy Orton.
 
Commission asked Joanne Long to send a memo to all offices to see if they have any surplus items to sell at auction.  Once people have their lists, they should give them to David Neville.
 
Bill Brittain made a motion to sign an agreement between Bourbon County and Schwab-Eaton for an engineering contract for the proposed sewer district.  Terry Graham seconded the motion and all voted in favor.
 
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
 
November 12, 2007   Holiday          No meeting

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November 16, 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.
 
Bills and payroll for the period were reviewed and approved.
 
Ed Lundberg complimented the commissioners on the parking lot and status of the courthouse. 
 
Curt Shankel met with commissioners.  He spoke with Senator Brownback’s office and they said we should renew our application for funds through the senator’s office.  He said that the City and County need to put letter together in support of the sewer system as a water source for Bourbon County.
 
He also has a list of additional items to fill out for the sewer district.  Commissioners asked him to coordinate with the county attorney and county clerk for assistance.
 
Clyde Killion gave a road report.  He said there was a problem with the bids from last Friday as none of the suppliers have welded seam culvert pipe anymore.  The bid that was sent out was from an old one.  He said that everyone actually bid lock-seam pipe.  With that in consideration, Judy’s Iron & Metal now has the low bid at $9,396. Bill Brittain made a motion to rescind his earlier motion on the pipe purchasing as the bids were wrong.  Terry Graham seconded the motion and all voted in favor.
 
Gary Houston made a motion to accept the bid from Judy’s Iron and Metal at $9,396.  Terry Graham seconded the motion and all voted in favor.
 
David Neville met with commissioners to discuss purchasing security cameras for the courthouse.  He said that each price includes a monitor system in the booking room.
 
Brock Electric
$260/camera
28 cameras (26 indoor, 2 outdoor)
$26,331.78 installed
Tiedemann Bank Equipment
$467.07/camera
28 cameras (indoor)
$27,643.16 installed
All Systems
$785.00/camera
31 cameras (indoor)
$45,685.00 installed
 
Commissioners would like Mr. Neville to find out a price from Matt Brock to install another monitor on the 3rd Floor.
 
Bill Brittain made a motion to sign an agreement with the Kansas Department of Transportation (KDOT) on FAS roads for the state to pay 100% of repairs to flood damaged roads.  Terry Graham seconded the motion and all voted in favor.  The area affected is 105th St. between Unity and KS 65 Hwy at the Osage River Crossing.
 
Laura Hyer informed commissioners that Judge Ward wants to meet with them to discuss obtaining a bailiff for district court and the possibility that such bailiff be armed.  He will meet with the commissioners on November 26th at noon.
 
Ms. Hyer also spoke with commissioners about the bus turnaround at her house.  She would like a rut to be fixed in her drive.  Commissioners advised her to have the bus driver call Mike Wunderly to coordinate that with Clyde.  Commissioners have it set up that way so that people aren’t just asking for gravel in their drives.
 
Laura also discussed moving forward with mitigation applications and developing a plan for us.  The State and Federal Governments have approved to help pay for the $30,000 it will take to hire a consultant to devise the plan.  Commissioners asked her to work up a bid notice for publication.
 
Ms. Hyer then reviewed all the responsibilities she has as Emergency Preparedness Coordinator as a way to request in increase in her salary to $35,000 annually or she may have to find another job.  She said that across the state, the average wage for the position is about $55,000.  Commissioners explained the way salaries are set in this county and the proposed increase for her as well as all positions for 2008 and that nothing can be done at this time as the end of the year is always tight.  Commissioners will look into the situation after the first of the year.  No action at this time.
 
Don Doherty and Rocky Smith presented answers to questions on the Coventry health insurance proposal.  Commissioners will have department heads review the options and let commissioners know what they would like the County to do.
 
Gary Houston left the meeting at 10:36 am for an appointment.
 
David Neville returned with a price from Matt Brock for a security camera monitor station on the 3rd floor.  He said the 2 monitors & wiring would be approximately $3,000 additional.  David also informed commissioner that Mr. Brock suggests we accept the Tiedemann quote as a better deal for us and that Tiedemann has agreed to add an additional 2 outdoor cameras to the existing package at no additional charge.  No action at this time.
 
Terri Johnson spoke with commissioners about some road situations.  Commissioners also informed her that Curt Shankel would be setting up an appointment to meet with her about the sewer paperwork yet to be filed.  Bill Brittain also spoke with Mrs. Johnson about a complaint he received from Garland about a house that is causing a public nuisance.  Even though there is no zoning in the rural part of the County, she will look into it as a possible health issue to be addressed.
 
After routine business, the meeting adjourned at 11:30 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
 
November 19, 2007   No Meeting—Commissioners at Annual Conference
November 23, 2007   No Meeting—Thanksgiving Holiday

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November 26, 2007     Monday      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.
 
Curt Shankel met with commissioners to discuss terms of a sewer district committee and its responsibilities.  Incorporation of the sewer district as an entity cannot be done until after the public hearing on Wednesday.
 
Terri Johnson spoke with commissioners about the sewer district project and possible compensation for the attorney work on this issue.  Commissioners asked her to contact Dale Yager about it.
 
David Neville met with commissioners to discuss a situation last week where inmates flushed a laundry bag and backed up the sewer.  He asked again about getting a grinder installed to avoid all the plumbing charges and the possibility of having to dig up the nice new parking lot.  Commissioners asked him to call the companies to see if they would still honor the previous estimates.
 
Ron Chaney, Phoenix Coal Company, met with commissioners to ask that a stop sign and truck crossing sign be placed near the area of 260th and Deer Road.  He also asked commissioners to sign a Road Crossing Agreement for an area beginning approximately 800’ west of the intersection of 260th and Deer Road, extending west for approximately 300 feet.  Commissioners signed the agreement.
 
Judge Ward and Karen Paddock met with commissioners to discuss a bailiff for district court.  District Court is willing to enlist contract labor for a couple of part-time bailiffs but the commissioners need to find out what, if any, liability is covered with that.  Judge Ward said he would contact our liability insurance about it.
 
Laura Hyer met with commissioners to ask that she get sick and vacation time and also wants it to be retroactive to when she was hired.  No action at this time.
 
Charlie Blevins spoke with commissioners about a railroad overpass on 215th Street south of Fulton.  Gary Houston informed Mr. Blevins that he would look at it.
 
Justin Meeks met with commissioners to discuss the upcoming tax sale.  He said that 12 properties will not be sold because of special assessments.  He also said that the sale is being re-scheduled for December 28th.
 
Bill Brittain made a motion to appoint the following to a Fort Scott Lake Sanitary Sewer District Committee:
 
One-Year Term
Two-Year Term
Three-Year Term
James Smith
John Scott
Bob Hughes
Gerald Chester
Jim Gladbach
Curtis Shankel
 
Gary Houston seconded the motion and all voted in favor.
 
Sharon Elder met with commissioners about a situation with Imaging Solutions where images they scanned for us are not correct on a CD.  They have tried to correct it but it’s still wrong and they want payment.  Commissioners advised her to call the company again to see if it can be corrected and if not, she should contact Terri Johnson.
 
Laura Hyer returned to the meeting to discuss the emergency qualifications of Delwin Mumbower and Mike Hueston.  They have certification for many responder duties but there are requirements in writing from Mercy that are needed so the responders can attend to their patients fully.  Ms. Hyer will contact Mercy about getting the documentation.
 
After routine business, the meeting adjourned at 12:20 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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November 28, 2007  Wednesday    10:00 am
 
The Bourbon County Commission met in special session in the Commission Room of the Bourbon County Courthouse with all commissioners and the county clerk present.  Also present were:  Terri Johnson, Bob Daylong, Lee Ferdinand, Jim Gladbach, Kenny Schwartz, Clara Schwartz, Harold R. Martin, Jack Hembree, Michael Leachner, Gerald Chester, Koyle Link, James R. Kern, Curtis Shankel, Wally Inman, Carol Haulotte, John Scott, Jack Link, Terry Parrott, Patricia A. Pool, Bob Hughes and Kay Hughes.
 
The purpose of the special meeting was to hold a public hearing to hear comments and objections to the formation of the proposed sewer district around Lake Fort Scott.  Among the comments and questions were:  A request for a picture of the area involved.  Will the City be assessed as a landowner?  No.  There were questions on the cost estimates with the fear that they are low for the rocky area involved.  It was asked if the Farlington Lake Sewer cost more or less than this estimate.  It cost less but it was for fewer residents and was also several years ago and costs always increase over time.  Commissioners also clarified that nothing will happen unless the County gets the grant/loan from the federal government.  There was also concern about the end cost to the residents.  Commissioners explained that Rural Development won’t fund the project unless the costs to landowners are kept down, regardless of the total cost.  Another question was whether it was for 20 or 40 years.  It is for 40.    Later on down the road, the people on Indian Road can join and pay and help pay down the debt sooner.  There was a question as to why it is planned to run up-hill down Indian Road as opposed to being run downhill?  Those were the engineering requirements.  There was also discussion of maintenance and pump failure possibilities.  Terri Johnson mentioned that there is a provision in the law if the cost increases more than 10% that another public hearing must be held and there is the ability to dissolve the district.  There is concern with the contract language which may hide hidden costs with a rock clause.  Commissioners said that Rural Development would not let that happen.  There was also a question about the nine undeveloped lots at the lake.  Will they be able to join?  Rural Development will handle that.  It was asked before and people were told the sewer would be brought to the property line on the lot but no further at this time.  When asked if the Environmental Protection Agency (EPA) can mandate this sewer it was agreed but it’s not at this time.  There was discussion of just enforcing the current septic regulations as most people are abiding by the current laws.  That way, those who are in violation would be taken care of without affecting the rest of the people.  Commissioners agreed that if the grant doesn’t come through, there will have to be strict enforcement with monitoring and scheduled dumping.
 
After the discussion, Terry Graham made a motion to form the Lake Fort Scott Sewer District.  Bill Brittain seconded the motion and all voted in favor.
 
The meeting adjourned at 10:40 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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November 30, 2007     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.
 
Bills and payroll for the period were reviewed and approved.
 
Clyde Killion gave a road report.
 
Susan Quick advised commissioners that the Tax Sale has been re-scheduled for December 28th.  She asked if the new owners will still owe 2007 property taxes with the sale being held so late in the year.  Commissioners agreed that the new owners will be responsible for the 2007 taxes.
 
Joanne Long informed commissioners that she talked to our liability insurance about having a contract bailiff for District Court.  They said they won’t cover the County or a bailiff if it is with contract labor.  They prefer they be County employees under the policies and rules of the County.   
 
Ms. Long also spoke about Ms. Hyer’s request for sick and vacation days.  She said that the position was created without them and it’s an exempt position under the Fair Labor Standards Act (FLSA).  She is looking into an exempt employee benefits package to handle leaves for exempt and elected personnel.  She also said that it is advised by our employment attorney that there are no written guarantees on the employment status of any employee.
 
Joanne Long asked commissioners if the County would be observing New Year’s Eve as an official County holiday.  After discussion, it was agreed that the County would not be observing New Year’s Eve as a holiday.
 
David Neville spoke with commissioners about a grinder for the sewer under the correctional center.  He’s made several calls to the businesses which quoted us on it two years ago and the low quote at the time won’t honor their prior quote.  They also now think we need a larger pipe for the project.  Commissioners asked Mr. Neville to confirm the pipe size needs with the City and then get prices.
 
Mr. Neville also spoke with commissioners about putting a lock on the dumpster.  Commissioners asked him to talk with the vendor about it.
 
Terri Johnson gave commissioners a letter regarding Lakeview Estates.  Her recommendation is that the County does not go on private land.
 
Don Doherty and Rocky Smith met with commissioners to go over the Coventry health insurance proposal and answer questions from employees.   Those employees in attendance were:  David Camp, Clyde Killion, Jerry Heckman, Marty Pearson, Bill Keith, Charles Elliott, Pat Vincent, Doug Holt, Randy Hayden, Gene Bailey, Rocky Brown, Tom Johnson, John Weikel, Jared Lord, Jim Houser, Ross Schwalm, Bud Clements, Leah Riley, Judy Orton, Richard Smith, Billy Joe Johnson, Lois Coyan, Doylene Kennedy, Cindy Gillispie, Susan Porter, Terri Johnson, Susan Quick, Lee Davis, Harold Coleman, Joanne Long, Sharon Elder and Shirley Goltra.  Margaret Johnson was also in attendance.
 
After the Coventry discussion, Rhonda Fernandez spoke with the commissioners and employees in attendance about Preferred Health.  No action on health insurance at this time.
 
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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