These are minutes for the month of January 2012 as approved by the Bourbon County Commission.
January 2, 2012 Holiday
January 6, 2012
January 9, 2012
January 13, 2012
January 16, 2012 Holiday
January 20, 2012
January 23, 2012
January 27, 2012
January 30, 2012
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January 6, 2012        Friday  9:00 am
 
The Bourbon County Commission met in open session with Harold Coleman and Allen Warren present.  Joanne Long was also present.  Minutes of the previous meeting were read and approved.
 
Doylene Chapman met with commissioners.  Harold Coleman signed a quarterly report for Road & Bridge and for the Community Fisheries Assistance Program at her request and in the absence of the Chairman.
 
David Freer, 2186 Indian Road, met with commissioners.  Yesterday, the trees in front of his house were trimmed, but he says they’re butchered.  After discussion, it was determined that it was because of the electric lines overhead, and so it was not the County, so they directed him to contact Westar Energy.
 
Tom McNeil met with commissioners to give an update on the number of people who have connected to the sewer system and the number of holding tank demolitions to date.
 
Jingles Endicott arrived at 9:45 am.
 
Darrell Bloomfield, Drywood Township Trustee, met with commissioners to ask them to appoint Dwayne Allen to the vacant Drywood Township Treasurer position.  Jingles Endicott made a motion to appoint Dwayne Allen as Drywood Township Treasurer.  Allen Warren seconded the motion and all voted in favor.
 
Mr. Bloomfield also spoke about roads in Garland that need fixed.  He thinks that grading them would help.  Commissioners will put it on the list.
 
Rick Bean, Chris Carey, Maura O’Halloran and Steve Broslavick, KDHE, and Frank Young, Ag Engineering, met with commissioners for a report on the Wade Aluminum site.  The geologists and engineers with KDHE have tested various dross, barrel, water and ground samples and have found that approximately 8 yd³ contain lead in levels that reach hazardous waste that will have to be disposed.  It is possible that it can be recycled and Waste Management will have a list of approved recyclers of hazardous waste.  The nearest hazardous waste disposal site is in Lone Mountain, Oklahoma.  KDHE can help the County obtain a temporary EPA ID for the disposal. 
 
The rest of the area that have above legal levels of lead contamination but do not reach hazardous levels may be sealed into the limestone quarry at the site.  Recycling of aluminum in these piles is not advised, as it would increase the concentration levels of the lead in those areas and allow the lead dust particles to travel.  It is okay to recycle the brick from the silos at the north end.  There was also discussion of burning off the brush trees on the site.  There is also concrete that can be used for road rock.
 
KDHE has suggested time frames, but they are willing to work with the County and would accept the clean-up in phases.  Their main goal from us is to design a plan to proceed.  Minimum cap requirements are 18” of compacted clay and 6” of soil.  Commissioners will work with Ag Engineering to put a plan together and to figure cost estimates.  Bourbon County needs to hire an engineer within 60 days.
 
Rich and Jonnie Aydelotte met with commissioners.  They, and their neighbors, Bill and Linda Boots, live on Jayhawk Road, and their properties were annexed into the City of Fort Scott before they purchased them.  They, along with Carla Farmer, are the only houses on Jayhawk that are annexed.  It will be 9 years this July that they have lived there and they have yet to see any City improvements, which were promised with the annexation.  Mr. Aydelotte has been working with Senator Bob Marshall about de-annexing and the Aydelotte’s have that information for the commissioners now.  The statute used to read if promised improvements haven’t occurred in five years (now 2.5 years), the owners can petition the County to be de-annexed.  Mr. Aydelotte is here on behalf of himself and the Boots’ to ask to be de-annexed.  Mr. Aydelotte said he has had contact with City officials a couple times over the years and has not been satisfied.  He was told it was “in the works”.  There has also been talk of annexing the entire addition.  As the commissioners are unfamiliar with this statute, they will have Terri Johnson look into it.
 
Keith Jeffers and Shane Walker met with commissioners.  Mr. Jeffers gave an Emergency Management update.  They also spoke about radios.  Due to the changes required by law, we’re switching to narrow-band radios.  Therefore, commissioners need to cancel the contract the County has with David Middleton.  A letter was sent, explaining our desire to cancel the contract, giving the required 90 days notice.
 
Allen Warren left the meeting at 11:45 am, to meet with Frank Young at the Wade Aluminum site to see what rock we can use for road rock.
 
Jingles Endicott signed pay estimate #9 for McInroy Contractors, including a change order, and a contract with KDOT.
 
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 9, 2012        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.  The crusher and generator trailer have been moved from the old quarry.
 
Sheriff Ron Gray, Undersheriff Bill Martin, Logan Probasco, Dylan Marlow, Terri Johnson, Larry Goldberg and Artie Lucas, Goldberg, Sullivan & McCrery, met with commissioners to discuss the feasibility study compiled on the jail and gave a presentation on building a new facility.  No action.
 
Terri Johnson informed commissioners that she hasn’t heard back from the AG on the open records request.  However, she recommends commissioners request the list of over and over-payments from Terry Sercer to refund the overpayments and see about the underpayments.
 
Terri Johnson and Valorie Leblanc met with commissioners.  They requested an executive session to discuss attorney/client privilege.  Jingles Endicott made a motion to go into executive session, for a period 20 minutes, under the attorney/client privilege exception to the Kansas Open Meetings Act to discuss pending litigation.   Harold Coleman 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 11:21 am and ended at 11:41 am.
 
Once back in regular session, Jingles Endicott made a motion to authorize Terri Johnson to prepare a notice, under Amended Resolution 09-11, and coordinate with Tom McNeil, to send to those in the Sewer District who have not hooked up to the line.  Harold Coleman seconded the motion and all voted in favor.
 
Mrs. Johnson informed commissioners that Tom Graham has expressed concern of lack of court security.  He was foreman of a recent jury and since then, he’s been present in the courtroom nearly every day.  He’s not an employee, and should not be treated as a bailiff, for liability reasons.
 
Lora Holdridge met with commissioners and requested an executive session to discuss non-elected personnel.  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.  Allen Warren seconded the motion and all voted in favor. Those present for the session were the commissioners, Lora Holdridge and Joanne Long.  The session began at 11:58 am and ended at 12:03 pm with no action.
 
Jingles Endicott made a motion to appoint Allen Warren chairman for 2012.  Harold Coleman seconded the motion.  Discussion followed.  Motion failed.
 
Jingles Endicott made a motion to appoint Harold Coleman chairman for 2012.  Allen Warren seconded and all voted in favor.
 
Jingles Endicott made a motion to appoint Allen Warren as vice-chairman for 2012.  Harold Coleman seconded the motion and all voted in favor.
 
Joanne Long presented seven resolutions for the beginning of the year.  She reviewed them with commissioners and after some discussion, Harold Coleman made a motion to adopt Resolutions 01-12 through 07-12.  Jingles Endicott seconded the motion and all voted in favor.  A description of each follows:
 
Resolution 01-12
Holidays
Resolution 02-12
GAAP Waiver
Resolution 03-12
Mileage reimbursement
Resolution 04-12
Banks and Newspaper
Resolution 05-12
Cancel Checks over 2 yrs old
Resolution 06-12
Elected Officials Salaries
Resolution 07-12
Amend Appraiser Contract for salary
 
Joanne Long informed commissioners that W-2s were completed and distributed last Friday.  She said we saved over $3,000 by having them completed in-house, compared to years past.
 
After routine business, the meeting adjourned at 12:25 pm.
 
                                                                                          THE BOARD OF COUNTY COMMISSIONERS
                                                                                          OF BOURBON COUNTY, KANSAS
 
                                                                                          (ss) Harold Coleman, Chairman 
                                                                                          (ss) Allen Warren, Commissioner 
                                                                                          (ss) Jingles Endicott, Commissioner
ATTEST:
(ss) Joanne Long, County Clerk

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January 13, 2012      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.
 
Marty Pearson gave a road report.  He also discussed a bridge project and a possible equipment purchase.
 
Allen Warren made a motion to purchase a used Sterling Tractor from Transport Truck Sales of Kansas City, including sliding 5th wheel, for $45,500, of which, we’ll be financing $25,000 from Citizens.  Harold Coleman seconded the motion and all voted in favor.  The remaining $20,500 will be paid from Bridge and Culvert.
 
Commissioners received a request to appoint trustees and alternates for Fire District 3.
 
Station
Trustee
1st Alternate
2nd Alternate
Bronson
David Harper
Jason Harper
Ellen Harper
Mapleton
Mike Hueston
Justin Hueston
Katie Hueston
Hiattville
Louella Howard
Leanna Howard
Terry Kiser
 
Harold Coleman made a motion to appoint the above as trustees and alternates to Fire District 3 for 2012.  Jingles Endicott seconded the motion and all voted in favor.
 
Allen Warren gave a new crusher update.
 
Chairman Coleman signed a six month extension for the CDBG funding on the Sewer District to allow for construction completion.
 
Dennis Meech asked about the new quarry. 
 
Tom Graham met with commissioners to discuss courtroom security.  Bill Prichard, Terri Johnson and Judge Stephan were also present.  Mr. Graham was a jury foreman about 6 weeks ago.  He said that several jurors were concerned for their safety, as people came and went through the courtroom with no restrictions, the defendant was within arms’ reach of the jury box, and there are no metal detectors.  He feels, with the various reasons people come to the courthouse, very few of them being positive, security is an issue.
 
He’s recently toured the surrounding county courthouses/judicial centers and we’re the only county with no security.  He said the others all had one entrance and an armed bailiff in the courtroom at all times.  We only have one bailiff and two courtrooms.  There are metal detectors and even an x-ray machine at one.  He’s aware those items cost money, but he thinks he can raise enough to get us a metal detector.  He also wondered if it could be run by volunteers, of which he’s willing to be one. 
 
Terri Johnson indicated the liability issue of using volunteers, and that our insurance would likely not allow it.  The other counties use employees to man their stations.  Bill Prichard indicated that, as bailiff, he has been deputized by the Sheriff’s Department.  The commissioners will take it under advisement.
 
Cody Isaac met with commissioners to request a fence viewing.  His property borders land owned by someone in Texas that he has never been able to contact.  He wants to put livestock on his land.  As it happens, the neighboring owner is the same as our last fence viewing, though it’s in a different township.  It’s the north half of fence-line between sections 21 and 22, Township 25, Range 22, in Marion Township.  Allen Warren is related to Mr. Isaac, so he asked to abstain, but would like to observe the viewing.  Mr. Isaac paid his $15.00 and the commissioners will schedule the viewing.
 
Terri Johnson continued the conversation about courthouse security.  She asked what would be done with handicapped persons and what about parking.  The handicapped parking is still a long way from the door.  Also, it would require at least three employees to cover restroom breaks, lunches and sick/vacation days.  There are lots of issues to consider.
 
Tom McNeil and Keith Jeffers discussed sewer progress with commissioners.
 
Terri Johnson informed commissioners that she needs a new laptop.  She plans to have Shane Walker price one.  The CD Rom doesn’t open and close anymore on hers.
 
Keith Jeffers discussed radios.
 
After routine business, the meeting adjourned at noon.
 
                                                                                          THE BOARD OF COUNTY COMMISSIONERS
                                                                                          OF BOURBON COUNTY, KANSAS
 
                                                                                          (ss) Harold D. Coleman, Chairman 
                                                                                          (ss) Allen Warren, Commissioner 
                                                                                          (ss) Jingles Endicott, Commissioner
ATTEST:
(ss) Joanne Long, County Clerk
 
 
January 16, 2012                Monday         Holiday-no meeting

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January 20, 2012                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.
 
Jingles Endicott made a motion to authorize Harold Coleman to sign documents as the duly appointed Chairman of the Bourbon County Commission for 2012.  Allen Warren seconded the motion and all voted in favor.
 
Harold went to Citizens Bank to sign loan documents for the Sterling Tractor and Lowboy Trailer.  He was back in about 30 minutes.
 
Jerry Nafzger met with commissioners to discuss a culvert at 235th and Soldier that needs replaced.  He showed commissioners pictures of the location.
 
Charles Lifer met with commissioners to discuss the proposed “Good Samaritan” law.
 
Steve Stanton spoke with commissioners about energy saving ideas for the courthouse.  No action.
 
Ann Ludlum presented monthly progress reports for the Southwind Extension District.
 
Dan Meara gave a tax sale update.  He said that, though many of the owners have been notified by the Bourbon County Sheriff and Sheriff’s Departments from across Kansas, some will need to be notified using the publication method.  Unfortunately, that means there’s a 40-day period for that.  That means those properties cannot be sold in January or February.  Commissioners suggested splitting up the sale so that we can sell what’s allowed in February and the others when they become available to sell.
 
Wednesday, January 25th, commissioners and Marty are taking some of the quarry guys to visit the Neosho County quarry.  They will meet at 10:00 am at the Neosho County Quarry. 
 
Ernest O. Michael brought back the signed agreement with the County to have electrical service placed on Mary Michael’s water tower.  Mr. Michael has power of attorney for Ms. Michael.
 
After routine business, the meeting adjourned at 11:50 am.
 
                                                                                    THE BOARD OF COUNTY COMMISSIONERS
                                                                                    OF BOURBON COUNTY, KANSAS
 
                                                                                    (ss) Harold Coleman, Chairman 
                                                                                    (ss) Allen Warren, Commissioner 
                                                                                    (ss) Jingles Endicott, Commissioner
ATTEST:
(ss) Joanne Long, County Clerk

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January 23, 2012         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.
 
Commissioners discussed the Wade Aluminum clean-up project.  No action.
 
Terri Johnson met with commissioners.  She received the information on the requested de-annexation.  She will speak with the City about it. 
 
Tom Graham dropped off a book for commissioners to read about courthouse related incidents.
 
Don George, KDWP&T Fish Biologist, met with commissioners.  We didn’t get the grants we requested in 2011.  We can apply again.  This is for proposed upgrades to Elm Creek Lake.  He asked commissioners to consider if we want to make any changes to our request and let him know by the end of February to re-apply.
 
The commissioners and Mr. George also spoke about mowing County ditches and wildlife conservation efforts.  It could also save the County money on fuel costs. 
 
After routine business, the meeting adjourned at noon.
 
                                                                                     THE BOARD OF COUNTY COMMISSIONERS
                                                                                     OF BOURBON COUNTY, KANSAS
 
                                                                                     (ss) Harold Coleman, Chairman 
                                                                                     (ss) Allen Warren, Commissioner 
                                                                                     (ss) Jingles Endicott, Commissioner
ATTEST:
(ss) Joanne Long, County Clerk

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January 27, 2012         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.
 
Marty Pearson gave a road report.  The commissioners and Mr. Pearson discussed the Wade Aluminum clean-up.  Allen Warren will meet with Frank Young with Ag Engineering next Wednesday.  There was discussion of having the Public Works employees, when they finish their work for the day early, to go to the site and do some clean up for the rest of their day, as it’s a big project with a time limit to get done.
 
Logan Probasco and Dylan Marlow met with commissioners.  One of their Tasers went out and they would like to purchase a new one.  The cost to repair is almost as much as buying a new one, and they’ve had one repaired before, and that one broke a month later.  The cost for the new one is about $825.  Commissioners approved purchasing a new one.
 
Charles Lifer met with commissioners.  He said he is willing to donate his medical equipment to Bourbon County on the condition that it is kept to use locally.  He’s tried speaking with state and national officials about using his used medical equipment for people who need it in the United States, but always hits a road block with liability.  He’s only been able to help people overseas.  Perhaps the commissioners can have better luck.  The commissioners don’t think the County’s insurance would be willing to cover the liability of used equipment either.
 
Tom McNeil met with commissioners to update them on the progress of sewer hook-ups and holding tank demolitions at Fort Scott Lake.
 
Dan Meara gave commissioners a tax sale report.  He reported on those properties that were redeemed prior to the court filing, those who have redeemed since the filing, those that are awaiting service from Sheriffs around Kansas, those that need to be notified via publication, those that have contested the sale and will have a court proceeding and those that are available to sell now.  There are 30 of those at this time, but in about 2-4 weeks there should be considerably more.  He also stated that he has served the City of Fort Scott on parcels located in the City to allow the City to put a claim in if any of the parcels have upcoming special assessments, so that people who purchase a property at the tax sale get a property that is truly free and clear of all liens.  Mr. Meara explained that tracts needing publication for service must be published once a week for three consecutive weeks and require an additional 20 days before they can proceed to the sale process.  Once properties are free to sell, they must be published once a week for three consecutive weeks, plus 10 days, before the sale date.  After discussion, Harold Coleman made a motion to direct Mr. Meara to proceed with the 30 that are available to sell and to publish for those that require service by publication.  Jingles Endicott seconded the motion and all voted in favor.
 
Commissioners would like Mr. Meara to put together a press release outlining where we are in the process.  Mr. Meara will also get a list to the Clerk about which will be sold and a firm date for the first part of the sale sometime next week.
 
Keith Jeffers met with commissioners with an emergency management update.  He also informed commissioners that grants for generators are not being funded this cycle. 
 
On the subject of courtroom security, he has calculated that it would take approximately $360,000 in salaries and benefits for 3-6 court security officers.
 
After routine business, the meeting adjourned at noon.
 
                                                                                        THE BOARD OF COUNTY COMMISSIONERS
                                                                                        OF BOURBON COUNTY, KANSAS
 
                                                                                        (ss) Harold Coleman, Chairman 
                                                                                        (ss) Allen Warren, Commissioner 
                                                                                        (ss) Jingles Endicott, Commissioner
ATTEST:
(ss) Joanne Long, County Clerk

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January 30, 2012 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.  The commissioners discussed lunches at the rock quarry.
 
Judy Wallis met with commissioners with a proposed contract renewal with R&S Digital.  As it is a renewal of the data conversion services contract with no changes, commissioners signed the contract.
 
Mrs. Wallis said that Ag use values are in with some changes.  She reminded commissioners that those are set by the State on an 8-year rolling average.  She’ll get copy of the soil use types to commissioners to view.
 
Leon Hester met with commissioners.  Commissioners agreed to give him the cardboard baler and roll-off container, which were given to us by Walmart.  He’s doing the recycling for the County.
 
After routine business, the meeting adjourned at 11:50 am.
 
                                                                              THE BOARD OF COUNTY COMMISSIONERS
                                                                              OF BOURBON COUNTY, KANSAS
 
                                                                              (ss) Harold Coleman, Chairman 
                                                                              (ss) Allen Warren, Commissioner 
                                                                              (ss) Jingles Endicott, Commissioner
ATTEST:
(ss) Joanne Long, County Clerk

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