January 2011 Minutes

These are minutes for the month of January 2011 as approved by the Bourbon County Commission.

January 3, 2011	January 7, 2011
January 10, 2011	January 12 ,2011 Special Meeting
January 14, 2011	January 17, 2011--Holiday
January 21, 2011	January 24, 2011
January 28, 2011	January 31, 2011

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January 3, 2011 Monday 9:00 am

The Bourbon County Commission met in open session with all commissioners and the county clerk present. Commissioner-elect Allen Warren was also present.

Marty Pearson gave a road report.

Sharon Elder met with commissioners to request a signature on the annual Peopleware maintenance agreement with CIC for her deeds software. Jingles Endicott made a motion to sign the agreement. Terry Graham seconded the motion and all voted in favor. It is paid for from the ROD Tech Fund.

Tom McNeil spoke about septic issues. No action.

Allen Warren spoke with commissioners about a recent airport advisory committee meeting he attended. No action.

Joanne Long presented a change to payroll for three employees, concerning Computer pay. Commissioners approved the following changes:
Lynn Smith from $400/month to $100/month
Shane Walker from $400/month to $600/month
Tony George from $0/month to $100/month

Marty Pearson called about a repair to the water pump at the quarry. He can get a gas motor for approximately $5,000 or a whole diesel pump for approximately $15,000. After learning that there are no gas powered vehicles or equipment currently at the quarry, Jingles Endicott made a motion to purchase the diesel pump. Terry Graham seconded the motion and all voted in favor. They said that there will also be better service in the long-run with the diesel set-up.

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

THE BOARD OF COUNTY COMMISSIONERS
OF BOURBON COUNTY, KANSAS

(ss) Terry Graham, Chairman
(ss) Jingles Endicott, Commissioner
(ss) Harold Coleman, Commissioner
ATTEST:
(ss) Joanne Long, County Clerk

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January 7, 2011 Friday 9:00 am

The Bourbon County Commission met in open session with all commissioners and the county clerk present. Commissioner-elect Allen Warren was also present. Minutes of the previous meetings were read and approved.

Marty Pearson gave a road report. He said that Phoenix Coal Company shut down on Friday. They still owe us about $5,000 for maintaining Deer Road.

Ron Gray spoke with commissioners. He’s sending two CERT Team members to the law enforcement academy for 14 weeks.

Harold Coleman left at 9:15 am for a funeral.

Joanne Long informed commissioners of a petition, of sorts, that she received by some land-owners of Marco Estates wanting notification of any proceedings to re-plat or vacate any portion of Marco Estates.

Terri Johnson met with commissioners to discuss the sewer district. Rural Development wants another line added to the sewer district agreement between the City and County. She said this line was in the original, removed in amended, but they want back. Rural Development is seeing about removing the old signature page and insert or whether we will sign an entirely corrected agreement.

Mrs. Johnson said the condemnation hearing for the district is coming up on the 12th.

Commissioners approved a Cereal Malt Beverage license for Mapleton Café & C-Store to sell beverages to be consumed on the premises. They already have a license to sell in packages to take off premises.

Terri Johnson requested an executive session to discuss matters pertaining to Attorney/Client Privilege. Terry Graham made a motion to go into executive session, for a period of five minutes, under the attorney/client privilege exception to the Kansas Open Meetings Act. Jingles Endicott seconded the motion and all voted in favor. Those present for the session were the commissioners, Commissioner-elect Allen Warren, Terri Johnson and Joanne Long. The session began at 9:27 am and ended at 9:33 am with no action.

Delta George presented the monthly progress reports for the Extension Office. She also presented paperwork for commissioners to consider in regards to paperwork on the Southwind Extension District. The documents are an office space agreement and operational agreement. The commissioners would like the County Attorney to review the documents.

Doylene Chapman presented quarterly sales tax reports for Terry to sign, as well as the quarterly report for the Community Fisheries Assistance Program (CFAP).

Mrs. Chapman also asked commissioners if we would be paying $75 to the grader men for electricity to plug in their equipment in the winter. The commissioners approved the expenditure.

She also spoke with commissioners about the recycling program for 2011. The commissioners want to continue the program, but we will be removing Wal-Mart as a destination, as they are not providing personnel to watch the trailers. Therefore, we will have recycling in Fort Scott once per month at the Old Fort Blvd/N. National location.

Karen Paddock spoke with commissioners to inform them of her intent to purchase filing cabinets for storage. The cardboard boxes aren’t holding up. She’s going to purchase some “dent and ding” units. She just wanted to give the commissioners forewarning, should she go over budget this year.

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

THE BOARD OF COUNTY COMMISSIONERS
OF BOURBON COUNTY, KANSAS

(ss) Jingles Endicott, Chairman
(ss) Harold Coleman, Commissioner
(ss) Allen Warren, Commissioner
ATTEST:
(ss) Joanne Long, County Clerk

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January 10, 2011 Monday 9:00 am

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

Allen and Jackie Warren, Curt Shankel and John Scott were also present.

Marty Pearson gave a road report.

Terri Johnson spoke with commissioners. She looked over the agreements for the Extension District and they’re okay to sign. As for the Sewer District Agreement between the City and County, neither Bob Farmer, counsel for the City, nor she are comfortable just replacing a page in the document. Therefore, she presented a new full document for approval. Commissioners signed it. She will be running it over to City Hall for their attention.

Curt Shankel met with commissioners to let Terry know he appreciates all the work he’s done as county commissioner.

A reception was held in the lobby for Terry Graham, who completes is 20 years as Bourbon County Commissioner at noon today. The reception was from 10:00 am to 12:00 pm. Many friends and family members stopped by to wish Terry well. Joanne Long presented him with a plaque in recognition of his tenure. He is the longest seated Bourbon County Commissioner at 20 years.

Harold Coleman signed a report on quarterly tonnage fees for the landfill.

Allen Warren was sworn in as County Commissioner, 1^st District, at noon. The board then re-organized itself.

Harold Coleman made a motion to appoint Jingles Endicott as chairman. Allen Warren seconded the motion and all voted in favor.

Allen Warren then made a motion to appoint Harold Coleman as vice-chairman. Jingles Endicott seconded the motion and all voted in favor.

Joanne Long presented resolution for consideration.

Jingles Endicott made a motion to adopt Resolution 01-11, setting forth the observed holidays for 2011 for the County. Harold Coleman seconded the motion and all voted in favor.

Allen Warren made a motion to adopt Resolution 02-11, the GAAP waiver for the 2010 audit. Jingles Endicott seconded the motion and all voted in favor.

Allen Warren made a motion to adopt Resolution 03-11, setting the mileage reimbursement to .51/mile. Harold Coleman seconded the motion and all voted in favor.

Harold Coleman made a motion to adopt Resolution 04-11, amending the KCWORCC bylaws. Allen Warren seconded the motion and all voted in favor.

Allen Warren made a motion to adopt Resolution 05-11, setting the official county newspaper and banks for 2011. Harold Coleman seconded the motion and all voted in favor.

Jingles Endicott made a motion to adopt Resolution 06-11, cancelling outstanding checks that are over two years old. Allen Warren seconded the motion and all voted in favor.

After routine business, the meeting adjourned at 12:35 pm.

THE BOARD OF COUNTY COMMISSIONERS
OF BOURBON COUNTY, KANSAS

(ss) Jingles Endicott, Chairman
(ss) Harold Coleman, Commissioner
(ss) Allen Warren, Commissioner
ATTEST:
(ss) Joanne Long, County Clerk

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January 12, 2011 Wednesday 2:00 pm

The Bourbon County Commission met in open session with all commissioners present. Shirley Goltra was also present. The purpose of the meeting was to open bids for the construction of a sanitary sewer system at Lake Fort Scott.

Those present included: Deb Jordan, Nowak; Tim Cronister, Cronister & Co; Richard Ramshaw, BRB Contractors; Rick McInroy, McInroy Contractors; Jack Lathrop, Lathrop Construction; Lee Chapman, Heartland Midwest; Scott Davis, Haynes Equipment; John Scott, Jack Hembree, Curt Shankel, Jim Gladbach, Christie McReynolds, USDA-RD; Kevin Rook, SCI; Bob Hosack, CDBG Administrator; and Stuart Porter, Schwab-Eaton, P.A.

The following bids were received:

Company	Base Bid (lines 1-24)	Alternate A
Sprouls Construction	$1,729,525.24	$35,000.85
BRB Contractors	$2,068,022.00	$33,500.00
Heartland Midwest	$1,853,567.00	$27,470.00
Lathrop	$2,253,726.50	$70,350.00
Cronister & Co	$2,768,680.50	$33,500.00
McInroy	$1,826,272.29	$27,336.00
Nowak	$2,743,373.00	$35,644.00
K.C. Construction	$2,465,835.00	$34,840.00
Engineers	$1,844,960.00	$30,820.00


Stuart Porter took the bids and will have a letter of recommendation by Friday, January 21^st.

The meeting adjourned at 3:20 pm.

THE BOARD OF COUNTY COMMISSIONERS
OF BOURBON COUNTY, KANSAS

(ss) Jingles Endicott, Chairman
(ss) Harold Coleman, Commissioner
(ss) Allen Warren, Commissioner
ATTEST:
(ss) Joanne Long, County Clerk

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January 14, 2011 Friday 9:00 am

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

Bills and payroll for the period were reviewed and approved.

Ron Center met with commissioners to discuss possible new rates at the Landfill. Commissioners will review the numbers and discuss it again on Friday, January 21^st.

Doug Holt presented commissioners with an evaluation on four County trucks. No action at this time.

Shane Walker updated commissioners on GIS projects.

Jingles said we need to make appointments to SEKRPC board to replace Dale Bunn and Ginger Norris. The commissioners will speak with Dave Martin for help with city representation.

After routine business, the meeting adjourned at noon.

THE BOARD OF COUNTY COMMISSIONERS
OF BOURBON COUNTY, KANSAS

(ss) Jingles Endicott, Chairman
(ss) Harold Coleman, Commissioner
(ss) Allen Warren, Commissioner
ATTEST:
(ss) Joanne Long, County Clerk

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January 21, 2011 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 approved.

Dwight Sprouls and Kevin Rook, Sprouls Construction were present. Jingles said that the County Attorney would be here to discuss the Sewer District bids at 11:15 am and asked for them to return at that time. Curt Shankel was also present to hear about the Sewer District bids but will not be available to return at 11:15.

Charlie Elliott gave a road report. He said that the crew worked split shifts during the recent snow storm to keep people working all night.

Bill Metcalf gave commissioners a truck inventory and repairs needed on each. No action at this time.

Allen Warren stated that he’d like to visit the barn in the near future.

Mr. Metcalf also spoke with commissioners about promoting Doug Holt to the Lead Man position, as he was a great help during the time Bill was off work with a medical issue. He also said that Kip Snyder really stepped up, too. No action at this time.

A public hearing was held at 10:00 am for consideration of a permit for Marmaton Watershed #102 for the following:

Intermittent closing of 75^th Street from a point beginning 1,490 feet south of the intersection of 75^th Street with the centerline of US 54 Highway, south to a point 2,110 feet south of said intersection. Said closing will be caused by temporary inundation of the road by flood waters retained by the approved Marmaton Watershed #102 flood water detention dam Site E-1.

Those present were the commissioners, Joanne Long and Frank Young, representing the Marmaton Watershed. Hearing no opposition, the hearing was closed at 10:10 am. Allen Warren made a motion to issue the permit as requested. Jingles Endicott seconded the motion and all voted in favor. Joanne Long printed out the permit and it was signed by the commissioners.

Following a written request from Delwin Mumbower, Harold Coleman made a motion to appoint the following Trustees and Alternates to Bourbon County Fire District 3:

Station	Trustee	1^st Alternate	2^nd Alternate
Uniontown	Jared Lord	Mike Vanzant	Dustin Goalden
Bronson	David Harper	Jason Harper	Gary White
Fulton	Josh Wilson	Norman Bockover	Shannon Wilson
Mapleton	Mike Hueston	Marty Crystal	Justin Hueston
Devon		Tom Applegate	Dale Cathey
Hiattville	Louella Howard	Leanna Howard	Terry Kiser


Allen Warren seconded the motion and all voted in favor.

Keith Jeffers met with commissioners to request signature on his annual EMPG Grant application. Allen Warren made a motion authorizing the chairman to sign the application. Harold Coleman seconded the motion and all voted in favor. Jingles signed the document.

Dwight Sprouls and Kevin Rook of Sprouls Construction, Tom McNeil, Terri Johnson, Valorie Leblanc, John Scott and Jack Hembree met with commissioners to discuss the Sewer District bids. Terri Johnson explained the commissioners’ obligations and duties, under the law. Stuart Porter has submitted his recommendations, but it is ultimately up to the Sewer District—the commissioners, to decide. Valorie Leblanc explained that the law requires you select the lowest, responsive, responsible bid with the best use of public funds. Stuart Porter has recommended that the commissioners reject the bid from Sprouls Construction as non-responsive, but it is up to the commissioners to make the final recommendation. The attorneys also stated that they make their decisions based solely on the bid documents, not on supplemental information or explanations. Mr. Sprouls asked to speak. He is concerned with how this is working out. He claims his bid was complete, if hard to read, while the 2^nd lowest bid, McInroy was incomplete, as it didn’t include all the addendums. After discussion, the commissioners agreed to table the issue until 10:00 am, Monday, January 24^th. Terri Johnson stated that a decision must be made before the end of January.

Harold Coleman made a motion to go into executive session, for a period of five minutes, under the attorney/client privilege exception to the Kansas Open Meetings Act, to discuss possible litigation. Allen Warren seconded the motion and all voted in favor. Those present for the session were the commissioners, Terri Johnson, Valorie Leblanc and Joanne Long. The session began at 11:50 am and ended at 11:55 am with no action.

Joanne Long presented the Office Space Agreement and Operational Agreement for the new Extension District. Terri Johnson has reviewed them and approved them for signature. Allen Warren made a motion to authorize the chairman to sign the agreements. Harold Coleman seconded the motion and all voted in favor.

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

THE BOARD OF COUNTY COMMISSIONERS
OF BOURBON COUNTY, KANSAS

(ss) Jingles Endicott, Chairman
(ss) Harold Coleman, Commissioner
(ss) Allen Warren, Commissioner
ATTEST:
(ss) Joanne Long, County Clerk

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January 24, 2011 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.

Marty Pearson gave a road report.

Shane Walker and Sheriff Ron Gray met with commissioners to discuss the need for a records management system in the Sheriff’s Department. It would integrate with the jail, the county attorney’s office and the police department. After discussion, it was found that the sheriff has $3,000 and the Register of Deeds Technology fund can put in an additional $3,000 to pay the down payment and the rest will be tacked on to the end of payments currently being paid by the jail. The sheriff and chief of police will be viewing the program in practice in a county in Texas soon.

Shane Walker discussed funding for an upcoming lydar flyover for southeast Kansas, three counties in Missouri and two counties in Oklahoma, of which we can be involved for approximately $42,000. It would give us strength in our argument to counter FEMA’s Flood Plain map, as it is more accurate.

Dwight Sprouls, Kevin Rook and Bill Griffith of Sprouls Construction, Richard McInroy of McInroy Contractors, LLC, Terri Johnson, Valorie Leblanc, John Scott and Tom McNeil were present for award of the bid contract for Bourbon County Sewer District #1. The attorneys discussed responsiveness guidelines. Mr. Sprouls gave additional information, including a revised bid sheet. Terri Johnson advised commissioners not to review the additional information, as they cannot let it influence their decision, if they are not allowing all the other contractors to do so as well. Valorie explained that to be responsive, the bid must be clear and unambiguous on its face. Both she and Terri, as well as the engineer, recommend the commissioners declare the bid from Sprouls construction as non-responsive and that it should be rejected.

Allen Warren made a motion to reject the low bid, from Sprouls Construction, as non-responsive, based on recommendations of counsel and engineer. Harold Coleman seconded the motion. All voted in favor.

Valorie then stated that the commissioners’ next step is to look at the next lowest bid (McInroy) to see if it is responsive or non-responsive. At bid opening it was noted that two of three addendums were not included in their bid packet. Stuart Porter made note, Mr. McInroy stated that they were signed but just left out, and commissioners allowed it to be read. Valorie stated she has looked at several state and federal cases and supporting documents for how to proceed. It’s narrowed down to the, non-prompted, oral acknowledgment at the time of the bid opening. That’s different than obtaining information after the bid opening. This is considered to be a minor deviation, and can be overlooked. It is considered minor as it doesn’t affect quality or quantity majorly and it amounts to less than $1,000 added to the bid, and it’s still lower than the third lowest bid we received. Both she and Terri recommend the commissioners find McInroy’s bid as responsive and can include it to determine the most responsible.

Harold Coleman made a motion that the bid from McInroy is a responsive bid. Allen Warren second the motion and all voted in favor.

Valorie also indicated that the engineer has recommended that the third lowest bid (Heartland) is also a responsive bid. The attorneys have no reason to disagree with the engineer’s recommendation. Therefore, it’s come to a responsibility issue between McInroy and Heartland. This is where commissioners take into account references, experience and knowledge of these two companied to determine the most responsible bid and which would be the best use of public funds.

After discussion, Allen Warren made a motion to award the construction contract to McInroy Contractors, LLC, for Bourbon County Sewer District #1, for a total price of $1,853,608.29. Jingles Endicott seconded the motion and all voted in favor. Jingles signed four copies of the bid award.

Allen Warren made a motion to renew an agreement between Bourbon County and Tri-Valley for services. Harold Coleman seconded the motion and all voted in favor.

After routine business, the meeting adjourned at noon.

THE BOARD OF COUNTY COMMISSIONERS
OF BOURBON COUNTY, KANSAS

(ss) Jingles Endicott, Chairman
(ss) Harold Coleman, Commissioner
(ss) Allen Warren, Commissioner
ATTEST:
(ss) Joanne Long, County Clerk

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January 28, 2011 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.

Marty Pearson gave a road report. He informed commissioners of his need to purchase the second half of culverts from the quotes in December. He reminded commissioners that, due to cash restrictions, he only purchased half of what he needed at the end of 2010. He said the supplier informed him that prices are going up in mid-February. Commissioners approved the purchase from Welborn Sales.

Bills and payroll for the period were reviewed and approved.

Shane Walker discussed getting a key to the county barn for RTS Electronics. The commissioners approved the request but asked that a log be kept of their coming and going.

Julie Bowers spoke with commissioners about bridges. As a non-profit, she purchases old, debilitated bridges and repairs them and is interested in helping Bourbon County with the Long Shoals Bridge, which is on the National Registry of historic bridges. The commissioners would like to hear more information. As it’s in his district, Harold wants speak with some of the people in the area also. Ms. Bowers will send commissioners written information for the county counselor to review.

Terry Sercer met with commissioners to discuss the budget and equipment. No action.

Marty called commissioners to inform them that a hydraulic pump went out on a loader at the quarry. It will cost approximately $2,800 for a rebuilt one or $5,000 for a new one. Commissioners authorized purchasing a new pump.

After routine business, the meeting adjourned 12:15 pm.

THE BOARD OF COUNTY COMMISSIONERS
OF BOURBON COUNTY, KANSAS

(ss) Jingles Endicott, Chairman
(ss) Harold Coleman, Commissioner
(ss) Allen Warren, Commissioner
ATTEST:
(ss) Joanne Long, County Clerk

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January 31, 2011 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.

Marty Pearson gave a road report. His guys are preparing for the upcoming winter storm.

Keith Jeffers asked for a disaster declaration to cover the week. He said we’ll be possibly setting record snowfalls in the area. Harold Coleman made a motion to adopt Resolution 07-11, a declaration of local disaster emergency. Allen Warren seconded the motion and all voted in favor. Commissioners signed the resolution and a copy was given to Keith to fax to Topeka.

Shane Walker, Susan Quick, Sharon Elder, Lora Holdridge and Joanne Long spoke with commissioners about a plan to use floater employees. About a dozen courthouse employees will be reaching retirement age in the next 3-5 years. When they retire, rather than hiring back to full capacity, the department heads feel they can get by with about half as many people, provided they can “float” between offices during busy times. This would save money in payroll and benefits. Commissioners will consider the plan.

Commissioners discussed with Shane Walker the access to the security system. He said that it is limited and that cameras were placed so that they do not directly overlook workstations.

After routine business, the meeting adjourned at noon.

THE BOARD OF COUNTY COMMISSIONERS
OF BOURBON COUNTY, KANSAS

(ss) Jingles Endicott, Chairman
(ss) Harold Coleman, Commissioner
(ss) Allen Warren, Commissioner
ATTEST:
(ss) Joanne Long, County Clerk

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