These are the minutes for September 2011, as approved by the Bourbon County Commission.
September 2, 2011
September 5, 2011 Holiday-No meeting
September 9, 2011
September 12, 2011
September 16, 2011
September 19, 2011
September 23, 2011
September 26, 2011
September 30, 2011
 
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September 2, 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.
 
Commissioners received the cash count report from Susan Quick, as requested.
 
Commissioners received the July and August board reports for the Extension Office.
 
Darrell Parker, Mike Carpenter, Kenneth Merriman, Charlie Blevins, Leola Miller, Linda Toepfer, Vera Hays, Mark Shead, Michael Pommier, Randall Handly, Steven Mason, Cecelia Kramer, Jim Kramer, Deborah Hall, Steve Buerge, Mel Antrim, Fleeta Andrim, Cathy and Andrew Pechin, Cynthia Levine, Shirley Goltra, Juanita Schroder and Juanita Sinn were present.  Cecelia asked commissioners what’s going on with the Treasurer situation.  Jingles Endicott read a statement of actions, including the request for a surprise cash count and that the county attorney had contacted both the Attorney General’s Office and the Kansas Bureau of Investigation.  He said that Terry Sercer, County Auditor, will also be present today.  Terri Johnson has heard back from the Attorney General that they would review an investigation, but haven’t heard back from the KBI, but likely they won’t announce when they’re coming, if they come.
 
Mrs. Kramer asked what happened to the Tax Search this week.  Allen Warren explained that Bourbon County purchased the software but doesn’t maintain it.  They’ve made updates that have caused the problems.  There were two levels originally:  the basic was open to everyone and showed what taxes are on a property.  The second level was a paid option for realtors, abstractors and such and provided payment history.  One of the recent updates inadvertently opened it wide open, but after some discussion, it was decided to leave it open and to refund the payments of those who subscribed for it.  Bourbon County has no local control over the program and it updates nightly with the day’s payment activities.
 
Mrs. Kramer also spoke about the list of names she received.  It only had the most recent payment, not all payment dates, as she requested.  She said that the payment plan needs clearly defined rules and that they should be followed.  She said that some have made no payments.
 
There was discussion that the list of people on the payment plan doesn’t coincide with the addendum in the newspaper.  The newspaper is only listing 2010 delinquencies.
 
Thoughts were that the payments on the payment plan should be paid in full after one year.
 
The law allows for people to be perpetually three years delinquent, provided they pay interest and penalties.  Many pay the year they need to in order to be kept off the tax sale.
 
Someone asked if a copy of the payment plan has been provided, stating eligibility requirements.  It has not, but the law doesn’t say the guidelines are required to be written.  Many fear this is setting a dangerous precedent in that if everyone starts making payments, the County will go broke. 
 
Commissioners stated that they have recommended to Susan that she not to allow any new payment plans. 
 
It was reiterated that, regardless of whether the County allows a payment plan or not, there will always be delinquent taxes for three years, by statute.
 
It was asked what methods are available to remove an elected person from office.  There is a recall election, a person could willingly resign, or there are ouster proceedings.  Terri Johnson clarified that all we have are allegations and issues at this point.  Ouster is a court proceeding, under K.S.A. 60-1205, and specific criteria must be met.  Conviction of certain crimes causes an automatic ouster.  The County wants to complete an independent investigation first.
 
It was asked if Susan Quick can be put on a leave of absence until the investigation is complete.  The commissioners do not have that authority. 
 
It was asked what’s being done to fix the plan.  The commissioners again said that they have suggested that she suspend the plan from future additions.
 
Terri Johnson said the plain language of law gives broad discretion to Treasurer regarding the payment plan.  It may have brought in money that otherwise we wouldn’t have received if people only thought they could pay in full. 
 
It was reiterated that nothing keeps a property off the tax sale if it’s on a payment plan.  Only if the taxes for the year in question are paid in full, including all penalties and interest, is a property removed from the sale.  An independent investigation is needed.
 
The report commissioners received in April 2010 on the last tax sale was discussed.  Nothing is stated in the minutes as to which properties would be up for the next sale.  Commissioners said that they were told that the number of parcels eligible for sale were not sufficient, compared to the cost of holding the sale and were advised to wait until 2012 and have two years together.  It was suggested that commissioners only decide that based on actual figures, not just hearsay.  Commissioners explained that in the last sale, the expenses were more than the revenues, when you count in the abstractor, the lawyer, publications and district court fees.
 
Someone asked about whether, if you pay someone’s taxes and they don’t pay you back in a year, is it yours.  Commissioners aren’t sure if that’s true in Kansas.  Someone volunteered to look it up.
 
It was stated that the lack of documentation is a problem with Treasurer’s office. 
 
Harold Coleman said that he appreciates those who sign their names to things.   He said, as Sheriff, if it wasn’t a matter of life or death, he didn’t take anonymous letters seriously.  People should have the fortitude to sign their name to things if they’re concerned.  He said he read a statement saying that the commissioners don’t care.  He asked if Mrs. Kramer feels that the commissioners don’t care.  She said she doesn’t.
 
Commissioners stated that they had to cut programs in the next year’s budget and feel terrible about that.
 
Discussed payment of interest.  It’s against the law not to pay interest.  Mrs. Kramer handed commissioners documents.
 
Discussed payment plans in other counties.  Mentioned again, that payment plan or no payment plan, there are the same results when it comes to a tax sale.
 
Terry Sercer met with commissioners at their request.  He has read the Tribune and is familiar with what’s being discussed.  He explained that the County Audit, in conjunction with the Treasurer’s Office, verifies the tax roll, add/abate receipts, delinquent list and delinquent percentages.  He doesn’t look at individual people on the payment plan.  He said that the payment plan wasn’t used much until 2008-2009.  He sees two concerns:  people on the payment plan were not published as delinquent and is there manipulation of the interest.  Commissioners mentioned a third:  people on the payment plan may not have been on the tax sale.  He will look into these things.  He said that he found no “red flags” when completing the audit.  Delinquent percentages are in line with historical rates.
 
Commissioners would also like to find out what’s still delinquent from 2009, 2008, 2007 and 2006.  Mr. Sercer said that September is the end of the tax year, and those reports should be available.
 
There was discussion of property appraisals.  Commissioners stated that the County Appraiser has to be within state guidelines and that that she is “graded” by the state annually.  She’s always well within the state levels.  They said individuals may appeal their valuations if they feel they are out of line. 
 
Terry Sercer is booked for September, but will be able to come some next week to work on recommendations by the commission, if they authorize him.  Jingles Endicott made a motion to authorize Terry Sercer audit the payment plan, per his recommendations and to look into prior years.  Allen Warren seconded the motion and all voted in favor.  Commissioners said that as soon as they know any results, they will be made public.
 
Terri Johnson recommends the commissioners ask for a copy of the contract for the payment plan.
 
Terri Johnson said that she received the revised contract for the payment card and is reviewing it.
 
Ashley Dobrzenski and Blake Louderback, Liberty National, met with commissioners to discuss plans they offer.  It was explained that we already have a Liberty National agent.  They thanked commissioners for their time.
 
Marty Pearson gave a road report.
 
Susan Quick discussed the cash count report.  She said she discussed it with her association and was advised that the county auditor should perform it.  She gave commissioners a copy of the payment plan contract, as requested.  She also said she’s not signing anyone else up for payment plans. 
 
Mrs. Quick said she received a tax sale proposal from Othick, for $25 @ for current owner/liens/mortgages only.  For a 25 yr chain of title it will be $75@.  Susan recommends the $75 one, so that all those tricky ones can be fully researched.  Othick says they will have their work done in 45 days.  That may push the tax sale to February.  We haven’t contracted with an attorney yet.  Jingles Endicott made a motion to hire Othick Abstract Company for the 2012 Tax Sale, for $25 each, except for those that need a more extensive search at $75 each.  Allen Warren seconded the motion and all voted in favor.
 
After discussion, Harold Coleman made a motion to award the contract on the Slick Rock Bridge to King Construction for $748,061.45.  Jingles Endicott seconded the motion and all voted in favor.
 
Commissioners need to send letters out to the lawyers in the County to see if anyone will do the sale for us.  We need results back by September 15th.
 
Commissioners discussed the cost of the delinquent tax notice with the Treasurer.  They mentioned that the listing in Allen County uses smaller font.  They’d also like to see a grand total at the end of the future listings.
 
Joanne Long asked commissioners if they are going to go out for bid for health insurance.  After discussion, they said they would not, and that we would re-new with the State.
 
After routine business, the meeting adjourned 12:36 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
 
September 5, 2011    Monday         Holiday-no meeting

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September 9, 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.
 
Mark Shead and David Sachau were present.
 
Joanne Long discussed replacing County cell phones.  Two have needed to be replaced in the last week or so.  Ms. Long informed commissioners that she’s the contact on the account, so she needs to be made aware if changes have been authorized, so she knows that a purchase has been approved.
 
Part of the meeting was spent discussing various County maps. 
 
Lora Holdridge met with commissioners to ask if her office would be typing the deeds for the Sheriff’s sale?  She said that Othick has indicated that they will do them, but it’s not listed in their contract, so we’re not sure if they would charge extra for that, and Lora has the template on her computer to do them.  Commissioners thanked her for the information.
 
Joanne Long indicated commissioners need to appoint a delegate and one alternate for the KWORCC board meeting at KAC.  Allen Warren made a motion to appoint Jingles as the delegate for the KWORCC meeting.  Harold Coleman seconded the motion and all voted in favor.
 
Jingles Endicott then made a motion to appoint Allen Warren as the alternate to the KWORCC meeting.  Harold Coleman seconded the motion and all voted in favor.
 
Terri Johnson met with commissioners.  She informed commissioners that the second condemnation hearing was held this week.  Commissioners received a petition from the Kibbles asking to join the sewer district.  Terri will look into it, because she heard that, based on the type of funding we have for the district, there are often moratoriums to add persons to the district.  She said our district was built for some growth, but not for large.  Had it been initially built for large growth, it would have made the initial costs too high.  Terri Johnson will take a copy of the Kibble petition to see if it’s sufficient.  Commissioners authorized sending a letter to the sewer district owners with information about the grinder pumps and the electrical specifications.
 
Mrs. Johnson also discussed the proposed contract with Othick’s for abstract work on the next tax sale.  She said that their original contract was basic and didn’t specify what the $25 would do for us and didn’t allot for the $75 25-yr search on some.  It also didn’t state a 45-day turn-around.  Terri re-worked it to include all that and also added the cash-basis provision, as she believes that should be in all the agreements that the County signs. 
 
Joe Bisogno and Bruce Hatcher, Timber Hills Lake, met with commissioners to discuss the possibility of promoting Bourbon County for what Mr. Bisogno deems “Monster Buck Territory” as an effort to promote tourism for hunting and other outdoor venues.  He’s purchasing a large area of land and is working with federal and state officials on an entrepreneur coalition to facilitate business and government working together.  The hope is to make the Flint Hills the “equestrian Sturgis”.  Mr. Bisogno cited statistics that a Kansas hunter puts $40/day into the economy and non-Kansas hunters put $140/day into the Kansas economy.  Commissioners advised him to speak with Dave Martin at the City about his plans.  Mr. Bisogno wants to put signs along Highways 69, 54 and 169 and would like the blessing of the County to begin.  After discussion, Allen Warren made a motion to show Bourbon County’s support of promoting Timber Hills Lake “Monster Buck Territory” in Bourbon County.  Jingles Endicott seconded the motion and both he and Allen Warren voted in favor.  Harold Coleman abstained and explained that he wanted to speak with KDWP first.  Mr. Bisogno thanked commissioners and stated that he also planned to speak with the Sheriff about another program he hopes to start, where he has sheriffs take under-privileged children hunting to provide food for their families.  He has arranged free butchering for this program.
 
Marty Pearson gave a road report.
 
Terri Johnson also discussed one or two lots in the sewer district, where the location of the grinder pump may be in a flooding area.  She is concerned that moving those would constitute a change order with the contractor.  She will discuss this with Stuart Porter.
 
Terri Johnson came back with a revised Othick agreement.  Jingles Endicott made a motion to enter into the agreement with Othick Abstract Company for title search for the next delinquent tax sale.  Harold Coleman seconded the motion and all voted in favor.  Jingles signed two originals and they will be forwarded to the abstractor to sign as well. 
 
Jingles Endicott made a motion to go into executive session, for a period of ten minutes, under the attorney/client privilege exception to the Kansas Open Meetings Act to discuss contract negotiations.  Harold Coleman seconded the motion and all voted in favor.  Those present for the session were the commissioners, Terri Johnson and Marty Pearson.  The session began at 11:41 am and ended at 11:51 am with no action.
 
Shane Walker presented his weekly progress report.
 
Allen Warren made a motion to go into executive session, for a period of ten minutes, under the non-elected personnel 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, Terri Johnson and Marty Pearson.  The session began at 11:58 am and ended at 12:08 pm with no action.
 
Allen Warren made a motion to into executive session, for a period of ten minutes, under the attorney/client privilege exception to the Kansas Open Meetings Act, to discuss possible settlement information.  Harold Coleman seconded the motion and all voted in favor.  Those present for the session were the commissioners and Terri Johnson.  The session began at 12:10 pm and ended at 12:20 pm with no action.
 
Commissioners discussed fencing with Marty Pearson. 
 
Joanne Long informed commissioners that the next 17-County meeting is scheduled for Friday, October 21, 2011, at Woodson County.  All commissioners indicated that they would attend.
 
Commissioners signed the contract for the payment card as part of the direct deposit program.
 
Jingles Endicott left the meeting at 12:40 pm.
 
After routine business, the meeting adjourned at 1:00 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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September 12, 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 corrected.
 
Bills and Payroll for the period were reviewed and approved.
 
Mark Shead and Deb Hall were present.
 
Joanne Long said she heard back from Sekan on the 911 maps.  They have one side ready to be proofed and will be bringing it by shortly.  The other is still in the design phase.
 
Part of the meeting was spent discussing delinquent real estate and personal property taxes.  State law, in all counties except Johnson, requires that payments to delinquent taxes be credited to the most delinquent.  However, in Johnson, payments are required to be credited to the most current.  There was consensus that it would be good for the entire state to work like Johnson does in this regard.
 
Ms. Hall asked when the next tax sale is to be held.  Commissioners said it will be January/February 2012.  She also asked about having the delinquent listing on the County’s website.  We are working toward that.
 
Bill Van Kirk, Community Corrections, met with commissioners to have them sign the FY12 budget forms.  The commissioners signed the forms.
 
David Freer stopped in to ask when the County will be cleaning up his pasture.  Jingles said he’d contact McInroy Construction about it.
 
Rick Allen met with commissioners.  Terri Johnson was present.  Mr. Allen was informed he had delinquent real estate taxes when it was listed in the newspaper.  This is for 8 lots he owns, adjacent to his home, in Uniontown.  His house is escrowed but he says he didn’t receive the statement on the lots behind it.  The taxes total $1.12, but since it was in the paper, the fees have been assessed to bring the total to over $30.00.  Is there anything that can be done?  Commissioners said that the County incurred the cost, so we can’t remove the fees.  He asked about pre-paying his taxes, since he travels for work and doesn’t want this to happen again.  Terri Johnson isn’t sure that’s allowed, but can research it.  It was also suggested that he combine the properties into one parcel, so that all of the taxes owed are on one statement.  He was sent to the Appraiser’s Office to look into that.
 
Frank Miller met with commissioners to ask for an extension on his dump bill to the 21st.  He said that he’s still waiting for payments from his customers.  He’s also concerned about the increase he’s paying now.  He used to pay about $1,600, but it’s now calculating to over $2,000 for his loads.  He asked about a digital read-out for the scales, so that the driver can see the weight too.  Commissioners said that he’s welcome to get out of the truck and go inside to see the scale weight if he thinks it’s wrong.  After discussion, commissioners authorized the following:  Mr. Miller will pay $1,000 of his $2,500 bill today and the balance by September 21st; he will pay cash, as he goes, until the bill is paid in full; once it is, he will go back to billing once a month, with a due date on the 15th of each month.  As for the scales, both Jingles and Harold said they would have their vehicles weighed elsewhere and then checked at the Landfill to verify the scale.
 
Lora Holdridge informed commissioners that her office will be doing the deeds for the tax sale.
 
Terri Johnson met with commissioners.  She said we need to publish a notice for disposal of county property over $50,000 for three weeks.  There’s a 45-day protest period following the first publication.  The bids for new equipment can coincide with the end of the 45-day period.  We’ll need a resolution about the disposal of property.  Allen Warren made a motion to adopt Resolution 14-11, concerning the disposal of County property valued in excess of $50,000.  Harold Coleman seconded the motion and all voted in favor. 
 
Mrs. Johnson said that USDA doesn’t have a moratorium for adding someone to the Sewer District, but she has yet to hear from CDBG.
 
Jingles Endicott 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 a possible settlement.  Harold Coleman seconded the motion and all voted in favor.  Those present for the session were the commissioners and Terri Johnson.  The session began at 11:30 am and ended at 11:35 am with no action.
 
Allen Warren made a motion to return to executive session, for an additional five minutes, under the attorney/client privilege exception to the Kansas Open Meetings Act, to continue discussion about a possible settlement.  Jingles Endicott seconded the motion and all voted in favor.  Those present for the session were the commissioners and Terri Johnson.  The session began at 11:37 am and ended at 11:42 am.  Once in open session, the commissioners authorized Mrs. Johnson to accept settlement.
 
Jingles Endicott has a bill for tree removal to get the electrical service to the main pumping station for the Sewer District.  Joanne Long has that account and will pay it.
 
Marty Pearson gave a road report.  He said that Running Fox did their work in violation of their permit.  They did all the work without contacting Marty to inspect.  Terri will get a letter together to give to the company notifying them they are in violation.  She also feels we should notify the State.
 
After routine business, the meeting adjourned at 12:42.
 
                                                                                          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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September 16, 2011  Friday  9:00 am
 
The Bourbon County Commission met in open session with all commissioners present.  Tony George was also present.  Minutes of the previous meeting were read and corrected.
 
Carter Stegall and Shawn Gumfory, Running Foxes Petroleum, met with commissioners.  David Brooks, Brooks Drilling, was also present.  There was discussion of the cease and desist letter received from Bourbon County attorney Terri Johnson for violation of permit 2011-1.  Marty Pearson was supposed to be contacted before the work was started.  There’s some confusion about whether verbal authority was given to start the project.  After discussion, Chairman Endicott directed Terri Johnson to draft a letter rescinding the cease and desist order.
 
Terri Johnson updated commissioners about the requested expansion of Bourbon County Sewer District #1.  She said that the petition commissioners received was insufficient and has no legal description for the requesting property owner.
 
Dean Mann stopped by to pick up a letter of support from commissioners for moving the Long Shoals Bridge to the Riverfront area.  He also spoke with commissioners about possible help in funding the estimated $145,000 project to relocate the bridge.  He also stated that he may speak with Progressive Rail about helping with the project to keep costs down.  No action.
 
Ron Center spoke with commissioners about holding tickets for contractors bringing construction debris to the landfill.  He wants clarification of who is responsible for the fees—the contractor or the party hiring the contractor.  Bills must be paid at the time of arrival, unless a charge account has been arranged with the County Commission.  Mr. Center will post a sign with the payment options to make it clearer.
 
Terri Johnson discussed a change in the way her office handles diversion fees.  Her office has applied a $25.00 processing fee, along with the $100.00 fee to start the diversion.  This was implemented for better accounting purposes.
 
Johnny Walker stopped in to get clarification on the landfill policy for outstanding tickets.  Commissioners said that he is responsible for the tickets and would need to make arrangements for reimbursement from those who hire him.
 
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:
Joanne Long, County Clerk

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September 19, 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 corrected.
 
Marty Pearson gave a road report.
 
Deb Hall was present.
 
Bill Van Kirk, Community Corrections, presented the original of the FY12 document for the chairman to sign.  He accidentally had him sign a copy last week.
 
Deb Hall asked the progress of putting delinquent tax listings on the County’s website.  We will need to scan what was sent to the Tribune and link to it and it’s a rather large file.  We’re working on it.
 
Commissioners received written request for a letter of support for the Marmaton Watershed.  Jingles Endicott made a motion to send a letter of support, as requested, for the Marmaton Watershed.  Allen Warren seconded the motion and all voted in favor.
 
Ms. Hall asked to receive the agendas prior to each meeting.
 
Susan Quick spoke with commissioners about a family making regular payments on taxes, but will not be able to have it paid before the tax sale.  There’s nothing that can be done.
 
Terri Johnson spoke with commissioners about the proposed contract for attorney services for the tax sale.  She’s working up the agreement between Bourbon County and Dan Meara.  He has agreed to do the sale for $65/parcel.  We want to work toward a date in late January/early February.  Terri Johnson will work up a letter with our requests.
 
After routine business, the meeting adjourned at 12:10 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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September 23, 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.
 
Mark Shead was present.
 
Marty Pearson gave a road report and reported on training he attended this week.  Allen Warren informed Marty of an upcoming training opportunity in Little Rock, Arkansas, for up to six people, from Caterpillar.
 
Carter Stegall, Running Foxes Petroleum, met with commissioners, asking to use County rights-of-way, to connect pipes.  The location is Tomahawk and 245th, up 245th to Wagon and west to 235th, approximately 4 miles.  There was discussion of the preference by the County that the company works with the landowners for the bulk of the area, and deal with the County on the road crossings, as we prefer pipes to be behind property fences.  There was also discussion that the County could use the funding to help offset the higher than expected fuel expenses this year.  After discussion, the commissioners proposed charging $20/rod for using the County’s rights-of-way.  For four miles, that would be $25,600.  Mr. Stegall will present the County’s offer to his superiors and get back with us.
 
Gene Cowan was present for part of the meeting.
 
Christie McReynolds, USDA, gave commissioners a funding update for the Lake Fort Scott Sewer District.  Some areas of concern she has are with the attorney expenses and contingency.  She said that, once the loan is closed, sometime early next spring, we will be set up for re-payment of the loan, beginning one year after it’s closed, with annual payments.
 
Commissioners asked about the party asking to be added to the district.  Ms. McReynolds reiterated that USDA has no problem with adding someone to the District, adding that now is an ideal time, as the engineer and contractors are still at the site.  She did say it would be up to the Sewer District as to whether to allow additions.  We’re still waiting to hear back from CDBG about whether they will allow someone to join the District.
 
Doylene Chapman met with commissioners with two contracts.  They are for King Construction for the work on Slick Rock Bridge and re-financing two of the County’s Komatsu road graders.  Both have already been approved, they just need signatures.  The commissioners signed both contracts, as required.
 
Joanne Long spoke about flu shots for County employees.  The County’s health insurance allows for a free flu shot from a network provider.  Therefore, the County Health Department can provide free shots for those employees and dependents who are covered with the County’s BC/BS and Mercy has set up two flu clinics in October and are a provider for Preferred Health.
 
Laura George, Youth Activities Team (YAT), met with commissioners about the Take Charge Challenge, a competition to win $100,000 for an energy-efficient community project.  Fort Scott is competing with several area cities and is currently in the lead.  Ms. George wants permission from the commissioners to go office to office to ask employees to switch out to energy-efficient light bulbs.  Commissioners gave her permission.
 
Laura Moore, SEKRPC, met with commissioners to finalize the Garland Community Center grant.  She reminded commissioners that we had funds left over to purchase a storm siren, but didn’t have enough funding for the wiring to hook it up.  We applied for and received an additional $5,000, but have not been able to reach an agreement between the township and the fire district as to need, placement, testing or utilities.  Therefore, she recommends we send the funding back and close the grant.  Commissioners reluctantly agreed and signed the close-out paperwork for the grant.
 
Gene Cowan asked commissioners if there was an update from the auditor yet.  Terri Johnson spoke up to say that she talked with Terry Sercer this morning, and that his report is not complete.  He’s still compiling data.
 
Terri Johnson requested an executive session to discuss non-elected personnel.  She also requested that Marty Pearson and Joanne Long be present for the session.  Jingles Endicott made a motion to go into executive session, for a period of five minutes, under the non-elected personnel exception to the Kansas Open Meetings Act, to protect the employee’s identity.  Allen Warren seconded the motion and all voted in favor.  Those present for the session were the commissioners, Terri Johnson, Marty Pearson and Joanne Long.  The session began at 11:24 am and ended at 11:29 am.  Once in open session, the commissioners instructed Marty to inform the employee that he cannot use his sick leave until the end of his employment.
 
Mrs. Johnson asked for another executive session, to discuss contract negotiations and a possible settlement.  She asked that Marty be present for this session as well.  Jingles Endicott made a motion to go into executive session, for a period of 20 minutes, under the attorney/client privilege exception to the Kansas Open Meetings Act to discuss contract negotiations and a possible settlement.  Harold Coleman seconded the motion and all voted in favor.  Those present for the session were the commissioners, Terri Johnson and Marty Pearson.  The session began at 11:38 am and ended at 11:58 am with no action.
 
Lora Holdridge met with commissioners to inform them that we’re going to start holding quarterly potluck meals and monthly birthdays for County Employees to improve morale.
 
Joanne Long asked if we will be having a holiday dinner this year.  It’s funded with the pop commission money and recycling, as well as Coleman’s excess salary that he can’t earn.  Commissioners gave Ms. Long the go-ahead to plan the dinner.
 
Ms. Long spoke with commissioners about moving the payroll cut-off date up by two days to comply with direct deposit guidelines.  It’s normally not an issue, but there are certain pay periods, with holidays, that will not allow for enough time to get the file uploaded on time.  Commissioners agreed with the change to cut-off on the 8th and 23rd of each month, beginning in October.
 
After routine business, the meeting adjourned at 12:20.
 
                                                                                    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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September 26, 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.
 
Mark Shead was present.
 
Marty Pearson gave a road report.  Commissioners also discussed recycling.
 
Jennifer LaRoche met with commissioners.  She wanted to talk to them about possibly putting the rural fire departments under the umbrella of Fort Scott Fire Department, in an effort to improve the fire ratings for rural homeowners insurance.  She said she’s spoken with both Dave Martin and Paul Ballou and the City seems interested.  She said she heard that Parsons, Kansas, and Nevada, Missouri, both have something similar.  The commissioners discussed concerns with the size of water lines in the rural areas and the limited water towers around the County.  These things would affect the water pressure and water supplies.  It was also explained that ponds are sometimes more effective sources of water for fire fighting than hydrants.  The availability of water is key.  She will look into it further and discuss what she’s learned with her homeowner’s insurance agent and Rick McDaniel of Rural Water, who’s also a rural firefighter.
 
Bill Van Kirk, Community Corrections, met with commissioners to discuss goals for 2012.
 
Keith Jeffers met with commissioners to update them on emergency management training and issues.  He also asked them to adopt a resolution appointing him as Bourbon County’s Homeland Security Exercise and Evaluation Planning (HSEEP) Coordinator.  Jingles Endicott made a motion to adopt Resolution 15-11, appointing Keith Jeffers as Bourbon County’s HSEEP Coordinator.  Harold Coleman seconded the motion all voted in favor.  Commissioners signed the resolution.
 
Terri Johnson and Dan Meara met with commissioners to discuss the attorney’s contract for the tax sale.  Mr. Meara explained that it is impossible to agree to a sale date, as, once the suit is filed in district court, it is out of his hands.  There are three possible outcomes:  (1)  The homeowner is served and does not contest, (2)  The homeowner is served and files an answer contesting the sale, (3) The homeowner cannot be served.  Mr. Meara says that, in his experience, about 90% will fall into category 1 and can be sold without a hitch.  The problem is with category 2 and 3.  Category 3 is taken care of with publications, but there is no way to know how long those in category 2 could take.  The law requires due diligence.  He has agreed to stipulate to having the suits filed by a particular date, in fact in just a few weeks, since the abstractor is well on its way to completing its portion.  He has staff that is experienced in working the tax sale.  He would also like to be allowed to use Bourbon County stationery for his correspondence and the County’s postage meter.  He also explained that filing the suits in district court triggers the requirement to pay all outstanding taxes/fees/interest to redeem.  Since the abstractor should be done by late October, Mr. Meara said that he can have the suits filed by December 1st.  He explained the waiting periods required following service by the Sheriff’s department or certified mail.  He feels he can have the bulk of the properties to sale by the end of February 2012.  Commissioners asked what argument someone could give to contest the sale.  Mr. Meara said it could be failure to notify all interested parties, foreclosure proceedings have begun, a family squabble over an estate, etc.  Mr. Meara will get a contract drawn up with the stipulations agreed upon and have it Friday.  Mark Shead asked about the differences in the law for a homestead/vacant/other.  Mr. Meara will research that.
 
Terri Johnson met with commissioners to discuss Mr. Kibble’s petition to join the Sewer District.  She has written a letter to him for commissioners to review.  She said she cannot and does not want to give him legal advice but wants to give him an idea of what’s deficient in his prior petition.  She said that Valorie Leblanc spoke with Bob Hosack and that CDBG doesn’t have any issue with someone joining the district.  Mrs. Johnson said that Stuart Porter gave her an extremely rough estimate of $10,000 maximum if Mr. Kibble is added now.  He would be part of the debt repayment and treatment costs.  The question is whether Mr. Kibble or the District would pay the upfront costs.  Mrs. Johnson doesn’t think it would be fair to charge the rest of the district for his addition.  Commissioners authorized sending the letter to Mr. Kibble.
 
Steve Kibble met with commissioners.  Terri Johnson gave him the letter she wrote.  Mr. Kibble said that Tom McNeil told him on previous occurrences that he could put in a septic system.  Commissioners reviewed the County’s sanitation codes.  TJ give him letter.  Review sanitation codes.  Mr. Kibble needs an answer soon as to whether he may join the Sewer District and how much it will cost him, so he can decide what to do.
 
Jingles Endicott signed Pay Estimate #6 for McInroy Construction.
 
Terri Johnson asked commissioners for an executive session.  Jingles Endicott made a motion to go into executive session, for a period of 10 minutes, under the attorney/client privilege exception to the Kansas Open Meetings Act, to discuss contract negotiations and a possible settlement.  Harold Coleman seconded the motion and all voted in favor.  Those present for the session were the commissioners and Terri Johnson present.  The session began at 12:33 pm and ended at 12:43 pm with no action.
 
Jingles Endicott then made a motion to go into executive session, for a period of 10 minutes, under the attorney/client privilege exception to the Kansas Open Meetings Act, to discuss contract negotiations and a possible settlement.  Harold Coleman seconded the motion and all voted in favor.  Those present for the session were the commissioners and Terri Johnson present.  The session began at 12:43 pm and ended at 12:53 pm with no action.
 
After routine business, the meeting adjourned 12:50pm
 
                                                                                       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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September 30, 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.
 
Bills and Payroll for the period were reviewed and approved.
 
Mark Shead and Deb Hall were present.
 
Chris Bohrer, Wood Dulohary Insurance, Inc., met with commissioners ask to bid the County’s Property and Casualty and Worker’s Compensation insurance.  Commissioners agreed to open them up to bid.  Allen Warren will contact the City to see how to go about it.
 
Marty Pearson gave a road report.  He discussed hooking up to a private electric meter for Road & Bridge radio communications.  He’s working out the kinks with the landowner.
 
Allen Warren received a request from Clayton Tatro to cap the walking trail at FSCC.  They’ve issued the request to the City, County and Health Center.  Allen said that he measured it to be between 11’-12’ across and one-half mile.  Marty figured that ¾” would require 150 tons and 1” would require 200 tons of asphalt.
 
Allen said that he and Marty met with a Cat product support representative this week.  These new machines can be monitored for fuel consumption and have maintenance reminders and alerts.  After discussion, Allen Warren made a motion to sign up for the Foley/Cat Equipment Service Contract on two graders for 7,500 hours/approximately 6 years.  Jingles Endicott seconded the motion and all voted in favor.
 
Commissioners discussed attendance to the KAC annual conference in November.  All commissioners and Marty will attend the full conference and the pre-conference workshop on GIS.
 
Shane Walker met with commissioners.  On one of the properties in the Sewer District, the location of the grinder pump is in the flood zone and needs to be moved.  Stuart said the district would absorb that cost.
 
Terri Johnson and Valorie Leblanc met with commissioners.  Mrs. Johnson presented a contract for the rock quarry and asked them to review it over the weekend.
 
Terri asked for an executive session to discuss possible legal action.  Allen Warren made a motion to go into executive session, for a period of 15 minutes, under the attorney/client privilege exception to the Kansas Open Meetings Act, to discuss possible legal action.  Jingles Endioctt seconded the motion and all voted in favor.  Those present for the session were the commissioners, Terri Johnson and Valorie Leblanc.  The session began at 10:41 am and ended at 10:56 am with no action.
 
As to the Kibble situation, Terri Johnson thinks commissioners should have Tom McNeil up here Monday and she also wants to hear what he has to say.  It was scheduled for 11:00 am, Monday.
 
James Isaacson spoke with commissioners about his taxes.  He is delinquent on his taxes and his property is set to go to tax sale next time.  He explained that he had a good paying job, but had to quit a year and a half ago to care for his ailing wife, who has since passed.  He asked if there is any way he can get an extension.  Commissioners sympathized with Mr. Isaacson, but explained that there is nothing they can do.  They did explain that he still has some time to pay the taxes through 2007 to keep it off the sale this year, and that, even after the case is filed, he can redeem the property by paying all delinquent taxes and fees.  Mrs. Johnson cautioned that she needs to verify with Dan Meara about whether paying the 2007 and prior would keep it off the sale, as she’s not well-versed in tax law.  She took Mr. Isaacson’s contact information and will let him know what she finds out
 
Jingles Endicott made a motion to adopt Resolution 16-11 and sign the contract appointing Dan Meara as Bourbon County Counselor for the tax sale.  Harold Coleman seconded the motion and all voted in favor. 
 
Allen Warren made a motion to go into executive session, for a period of 20 minutes, under the attorney/client privilege exception to the Kansas Open Meetings Act, to discuss potential litigation.  Jingles Endicott seconded the motion and all voted in favor.  Those present for the session were the commissioners and Terri Johnson.  The session began at 11:23 am and ended at 11:43 am with no action.
 
Allen Warren made a motion to return to executive session, for a period of 15 minutes, under the attorney/client privilege exception to the Kansas Open Meetings Act, to discuss potential litigation.  Jingles Endicott seconded the motion and all voted in favor.  Those present for the session were the commissioners and Terri Johnson.  The session began at 11:43 am and ended at 11:58 am with no action.
 
Joanne Long asked commissioners to appoint a delegate and alternate for the KCAMP meeting at the KAC conference.  Harold Coleman nominated Allen Warren as KCAMP delegate to the KAC conference.  Jingles Endicott seconded and all voted in favor.  Harold Coleman then nominated Jingles Endicott as alternate for the KCAMP meeting at KAC.  Allen Warren seconded the motion and all voted in favor.
 
After routine business, the meeting adjourned at 12:11 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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