2016 Minutes

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December 2016

December 29, 2016 Thursday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners and the County Clerk present.

Michelle Workman with the Fort Scott Biz and Nick Ruhl were also present.

Denny Davis met with the Commissioners regarding the Appraisers office. He said he asked the Appraiser to break down taxes on property he owns on 23^rd street that he rents out. He said this piece of property has several buildings on it and he wants one building broken out so that the renter can pay the taxes; he said this has been done for 21 years by the County, but now the Appraiser will not do this for him. He said he pays over $30,000 for taxes a year and said he shouldn’t have to put up with the attitude he has received from the Appraisers office, he felt the office was lacking customer service. The Commissioners put this subject on hold until 10:00 when the Appraiser and the Treasurer were scheduled to meet with the Commissioners.

Jim Harris presented to the Commissioners a request to transfer funds; Barbara made a motion to move $231,857.50 from the Sales Tax fund to the Road & Bridge fund; Lynne seconded and all approved.

Lynne made a motion to adopt Resolution 25-16, a resolution amending vacation time carryover. An employee with unused vacation time as of 12/31/2016 will be able to carry the unused vacation time over until March 31, 2017. If the carried over time is not used by March 31^st, 2017 then the employee will lose unused carried over time. This resolution is for unused 2016 vacation time only, Barbara seconded and all approved.

Tammy Helm with the Fort Scott Tribune arrived at the Commission meeting.

Barbara made a motion to approve two cereal malt beverage licenses for Sugar Valley (one on premises and one off premises), Harold seconded and all approved.

Rhonda Dunn and Clint Anderson met with the Commissioners and Denny Davis regarding Mr. Davis’s previous meeting with the Commissioners. Clint said the reason his office quit calculating taxes by breaking down the tax statement is due to the fact that when hand calculating it introduced errors, Clint said his office verbally gave estimates to him wrong. He said because they ran into problems estimating, they terminated giving estimates. Rhonda Dunn said the property could be split to give separate tax statements. Clint said he could give the taxpayer the information needed and let the owner do their own calculation. Clint said he doesn’t work in the tax office. Mr. Davis said he pays taxes and pays the Appraisers salary, but said the appraiser couldn’t provide taxes broken down. Clint said the tax statement doesn’t come from his office and it is not done by his department; he said he will provide value, but will not calculate taxes, he said it is not his responsibility. Clint said he doesn’t want to calculate the taxes, he said it is his duty to provide appraised value; he said he disagrees with the past practices of the appraiser giving out broken down tax amounts. The County Clerk calculates taxes based on the appraisers valuations; however, Clint did not approach the Clerk asking for help calculating the taxes on a portion of the property for Mr. Davis. Kendell Mason agreed to help Mr. Davis manually provide a tax estimate based on the valuation that the Appraiser provided on the building that he needed a tax amount on.

Justin Meeks and Rhonda Dunn met with the Commissioners; Justin asked permission for any excess 2016 budgeted funds from the Attorney office be transferred into a reserve fund. Justin said he expected expenses in the future that this money could be spent on. He said he wouldn’t have a carryover in the future. He expected approximately $10,000 in excess from his 2016 reserve. Barbara said she wanted to make it clear that if the money needed to be used elsewhere it could be. Barbara made a motion to create a reserve fund for the Attorney’s office with excess 2016 budgeted funds, Harold seconded and all approved.

Barbara made a motion to go into a 5 minute executive session for non-elected personnel to protect their privacy, Harold seconded and all approved (the session included the Commissioners and Justin Meeks). No action was taken.

Barbara made a motion to go into a 5 minute executive session for non-elected personnel to protect their privacy, Lynne seconded and all approved (the session included the Commissioners, Justin Meeks and Kendell Mason). No action was taken.

At 10:58 am, Barbara made a motion to adjourn, Harold seconded and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUINTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Lynne Oharah, Commissioner

(ss) Harold Coleman, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

01/03/2017, Approved Date

December 27, 2016 Tuesday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners and the County Clerk present.

Tammy Helm with the Fort Scott Tribune and Nick Ruhl were also present.

Noxious Weed Director Nate Taylor met with the Commissioners; he said he currently uses a program called Star Programming and requested to change from Star to CIC (who the County currently uses for their software program). Nate said CIC has partnered with Ag Terra which is a GPS program that shows where chemicals have been sprayed and what kinds of chemicals have been sprayed. Nate said the CIC program would save him man hours. Kendell reported that as of the end of November, Noxious Weed was over on revenue and expenses for 2016. CIC would initially cost $8,002.50 for the first year and then $765.00 annually after the first year. After discussion, Lynne made a motion to allow Nate to purchase the software from CIC for $8,002.50, Harold seconded and all approved.

Barbara made a motion to go into a 10 minute executive session for non-elected personnel to protect their privacy, Harold seconded and all approved (the session included the Commissioners and David Neville). No action was taken.

Barbara made a motion to go into a 10 minute executive session for non-elected personnel to protect their privacy, Lynne seconded and all approved (the session included the Commissioners, Justin Meeks and Kendell Mason). No action was taken.

Justin Meeks met with the Commissioners regarding the employee handbook; he said he felt the handbook needed to be addressed after the new commissioners take over, due to the fact that any changes to the handbook will affect the new commissioners. There was discussion over employees that don’t use all of their vacation time; Rhonda Dunn said that sometimes when people don’t take all of their vacation time it can sometimes be a symptom of fraud.

The Commissioners, Rhonda Dunn, Justin Meeks and Nick Ruhl discussed a meeting that was held with PVD at the State of Kansas who met with Bourbon County residents to explain how agriculture land is valued. The general consensus was that the meeting wasn’t as productive as hoped. It was felt that the public didn’t get a clear explanation of how the agriculture land is valued.

Lynne Oharah and Nick Ruhl left the Commission meeting to attend a jail meeting.

The Commissioners discussed unused 2016 vacation time; Barbara asked Kendell to prepare a resolution for the December 29^th Commission meeting addressing unused vacation time.

At 11:45, Harold made a motion to adjourn and Barbara seconded.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Lynne Oharah, Commissioner

(ss) Harold Coleman, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

12/26/2016, Approved Date

December 20, 2016 Tuesday 9:00 am

The Bourbon County Commission met in open session with Barbara, Harold and Kendell present.

Also present were Tammy Helm with the Fort Scott Tribune, Nick Ruhl, Chris Bosley, Bobby Reed and Don Hutchinson.

The Commissioners thanked the Road & Bridge department for the work they did on the roads due to the inclement weather this last weekend.

Barbara made a motion to transfer $10,576.65 of Federal Fund money from the Road & Bridge fund into the Special Machinery fund, Harold seconded, motion passed.

Michelle Workman with the Fort Scott Biz arrived at the meeting.

Jim Harris reported that the cost to the County to crush rock in 2016 cost $3.40/ton, compared to purchasing elsewhere for $6.30-$6.45/ton.

There may be more than one Commissioner attend a meeting regarding the process on agriculture land valuation at the 4H building on 12/21/2016, no County business decisions will be made.

Appraiser Clint Anderson met with the Commissioners and Justin Meeks regarding a field software program from Tyler Technologies, Clint said this program will reduce the amount of data entry they have to do. Clint said they would take the tablets to the field and do the data entry then verses doing the data entry in the office. Clint said that the sketching will still be done in house. Clint said that Justin Meeks had reviewed the service contract with Tyler Technologies. Clint reported that the program, setup fee and training will cost $14,000. He said that in approximately April of 2018 the County will pay an annual fee of $3,625 (he said this fee should not increase his budget). Clint said he had talked to other Counties that are using the software and they are happy with the program, Barbara asked Clint if he had the hardware for the software, Clint said yes they have the hardware. Clint reported that he doesn’t have enough money left in his 2016 budget to make the purchase, but asked if he could use his budget as well as funds from the NRP fund to make the purchase. Barbara made a motion to sign the agreement with Tyler Technologies and allow Clint to use up to $8,500 from the NRP fund, Harold seconded and the motion passed.

Justin Meeks said he expected to have approximately $10,000 left in his 2016 budget since he hasn’t been at full staff in 2016; he asked if this money could be moved into an account for him to use. Justin wants to move his office into the current jail/sheriff office once the new jail is built. Justin said he understood if the money was put into an account for his use, but if an emergency expense came up and the Commissioners needed to spend it elsewhere that could happen. Barbara made it clear that no decisions had been made on what would be done with the current jail/sheriff offices.

Justin Meeks discussed zoning. He said the County does not have zoning, but said the City of Fort Scott has zoning within a 3 mile radius of the City limits. Justin said if someone wanted to start a business in the County, there is no zoning to stop the business from starting. Barbara said she felt that there were pros and cons to having County zoning.

Justin discussed the employee handbook with the Commissioners; he discussed the residency requirement for County employees, he said this could limit the amount of people eligible to work for the County. Justin said he understood the need to keep County money in the County. Barbara suggested making positions that require licensure not having to be residents or Sheriff and Correctional Center employees not being required to be residents due to it being difficult to fill positions. Justin discussed the employee orientation. He discussed the performance evaluations; he said since the County doesn’t have a merit based pay system, he suggested removing this from the handbook, but said supervisors need to documents employment issues.

Barbara made a motion to go into a 5 minute executive session for attorney client privilege with possible litigation and Harold seconded (the session included the Commissioners, Justin Meeks and Kendell Mason). No action was taken.

Barbara made a motion to go into a 10 minute executive session for attorney client privilege with possible litigation and Harold seconded (the session included the Commissioners and Justin Meeks). No action was taken.

Harold made a motion to go into a 10 minute executive session for non elected personnel to protect their privacy and Barbara seconded (the session included the Commissioners and Justin Meeks). No action was taken.

At 11:17, Barbara made a motion to adjourn and Harold seconded.

THE BOARD OF COMMISIONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

______________________, Commissioner

(ss) Harold Coleman, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

12/27/2016, Approved Date

December 15, 2016 Thursday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners and the County Clerk present.

Michelle Workman with the Fort Scott Biz, Bobby Reed and Nick Ruhl were also present.

Barbara made a motion that effective January 9^th, 2016 Lynne be the Commissioner Chairperson, Harold seconded and the motion passed.

Bobby questioned what Barbara knew about the race track that may possibly be built in the industrial park in Fort Scott; the Commissioners suggested that he talk to the City of Fort Scott about this. Bobby said he questioned the City of Fort Scott if there would be an issue with the noise from the track, but said the City didn’t have an answer regarding the noise.

Barbara made a motion to cancel the December 22^nd Commission meeting, Harold seconded and the motion passed.

Gary Walker with Universal Construction met with the Commissioners to give them an update on the jail progress. He said they are working on the underground utilities. He said the metal building should be on site by the end of the next week and said the pods will be 100% complete by the end of December and are scheduled to be delivered by January 26^th. He said R2 Concrete is doing the concrete work. He did report that the contingency fund is still in tact for the project.

Justin Meeks said he was working on the County employee handbook; he questioned if the Commissioners still wanted to leave the educational assistance in place for the County employees, the Commissioners agreed to remove this from the handbook. Justin plans to review the handbook with the Commissioners on December 27^th.

Lynne made a motion for Barbara to sign the written request for disbursement from the project fund (regarding the bonds for the jail pods), Harold seconded and Barbara signed the document.

Will Wallis Emergency Preparedness Director presented a document for Barbara to sign; Barbara made a motion to sign the Emergency Preparedness Grant fund document for 2016 for a $17,000 grant, Lynne seconded and Barbara signed the document.

All of the Commissioners will attend a Holiday meal for the County employees at noon on December 19^th, no County decisions will be made.

At 11:51 am, Barbara made a motion to adjourn, Harold seconded, motion passed.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Lynne Oharah, Commissioner

(ss) Harold Coleman, Commissioner

ATTEST:

Kendell Mason,

12/27/2016, Approved Date

December 13, 2016 Tuesday 9:00 am

The Bourbon County Commission met in open session with Lynne, Harold and Kendell present.

Also present were Tammy Helm with the Fort Scott Tribune, Chris Bosley with Ward Kraft, Nick Ruhl, Jeff Fischer and Bobby Reed.

Lynne made a motion to go into a 10 minute executive session for non-elected personnel to protect their privacy and Harold seconded, (the meeting included the Commissioners and Jim Harris). No action was taken.

Michelle Workman with the Fort Scott Biz arrived at the meeting.

Lynne made a motion to allow Jim Harris to fill two full time positions (to be paid out of the Road & Bridge Sales Tax fund) and Harold seconded, motion passed.

Jeff Fischer asked Jim Harris to provide actual operating costs for the three quarries; Jim said that Allen Warren did this in 2014 and at that time the cost per ton was $3.87; Jim said he would provide updated numbers.

There was discussion over possibly finding a fourth quarry site, but no decision was made

Bobby Reed left the meeting.

Harold made a motion to go into a 5 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Lynne seconded and all approved, (the session included the Commissioners, Justin Meeks and Kendell Mason). No action was taken.

There was discussion over the jail progress; it was reported that they are getting fiber into the jail, they are doing sewer and electrical work, they plan to pour the slab on December 21^st and the building should be here by the end of the December.

Alvin Metcalf arrived at the meeting.

Lynne made a motion to go into a 7 minute executive session for attorney client privilege with possible litigation and Harold seconded, (the session included the Commissioners, Rhonda Dunn, Kendell Mason and Justin Meeks). No action was taken.

Lynne made a motion to go into a 5 minute executive session for attorney client privilege with possible litigation and Harold seconded, (the session included the Commissioner and Justin Meeks). No action was taken

Harold made a motion to go into a 10 minute executive session for attorney client privilege with possible litigation and Lynne seconded, (the session included the Commissioner and Justin Meeks). No action was taken.

Justin Meeks met with the Commissioner regarding a conditional use permit for wind farms. Justin questioned if in the future the Commissioners were going to request that the County be zoned; the Commissioners said no, they didn’t plan on doing this. Justin said that if someone wanted to put a feed lot in the County, the Commissioners couldn’t prevent this from happening. Justin said if someone wanted to lease land for hunting use or for a wind farm, they could do this since the County is not zoned. There was discussion over when the pipeline came through Bourbon County; Lynne said that there was no conditional use permit required for the pipeline. Justin questioned if someone wanted a conditional use permit for the County would you want one, the Commissioners said no since there is no zoning requirements.

At 11:24 am, Harold made a motion to adjourn and Lynne seconded.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

_____________________, Chairperson

(ss) Lynne Oharah, Commissioner

(ss) Harold Coleman, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

12/15/2016, Approved Date

December 8, 2016 Thursday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners and the County Clerk present.

Also present were Nick Ruhl, Jeff Fischer and Bobby Reed.

The Commissioners discussed the future Wreaths across America event coming up; Barbara made a motion to waive the Landfill fees for them when it was time to remove and dispose of the wreaths, Harold seconded and all approved.

Bobby Reed questioned how the concrete looked at the new jail site; Lynne said they are pouring the footings and poured 50 yards more than expected.

Lynne made a motion to sign an agreement with AT&T to bring fiber into the Courthouse for the State of Kansas Drivers license, Barbara seconded and all approved.

The County received a notice of filing from the Kansas Board of Tax Appeals to make the future jail site tax exempt.

Barbara made a motion to go into a 20 minute executive session for non-elected personnel to protect their privacy, Harold seconded and all approved, (the session included the Commissioners, Rhonda Dunn and Kendell Mason). No action was taken.

Barbara notified the other Commissioners that due to the $1.7 million increase on the jail cost the insurance premium will increase $2,471.

Alvin Metcalf arrived at the meeting and Bobby Reed left.

Barbara made a motion to go into a 30 minute executive session for non-elected personnel to protect their privacy, Harold seconded and all approved (the session included the Commissioners and Justin Meeks). No action was taken.

Barbara made a motion to go into a 10 minute executive session for non-elected personnel to protect their privacy, Harold seconded and all approved, (the session included the Commissioners, Justin Meeks and Kendell Mason). No action was taken.

Lynne made a motion to go into a 5 minute executive session for Courthouse security, Harold seconded and all approved (the session included the Commissioners, Justin Meeks and Ben Cole). No action was taken.

At 11:32 am, Barbara made a motion to adjourn, Lynne seconded and all approved.

THE BOARD OF COMMISISONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Lynne Oharah, Commissioner

(ss) Harold Coleman, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

12/15/2016, Approved Date

December 6, 2016 Tuesday 9:00 am

The Bourbon County Commission met in open session with Harold, Lynne and Kendell present.

Also present were Tammy Helm with the Fort Scott Tribune, Chris Bosley with Ward Kraft, Ben Cole, Jeff Fischer and Nick Ruhl.

Judge Mark Ward, Rhonda Cole, David Neville and Shane Walker met with the Commissioners; Judge Ward said he was made aware that the security devices for the Courthouse didn’t work; he said he understood that Shane informed the Commissioners of this and discussed funding with them. Judge Ward said he understood that money was an issue, but questioned if the Commissioners are considering replacing the security devices, the Commissioners said yes they are considering replacing, Shane said the equipment would cost approximately $12,000 and said they would be installed by the selling company. Rhonda Dunn arrived and reported that there is $85,000 in the Equipment Reserve fund, but said $16,000 was allocated to the repairs of the East porch which left $69,000 remaining (Rhonda said this is the only reserve fund for the Courthouse). Lynne moved to authorize the purchase of the security equipment, Harold seconded and the motion passed.

Michelle Workman with the Fort Scott Biz arrived at the Commission meeting.

Don Hutchinson thanked the County for the road that was fixed near his residence, he said if the County got around to it they could fix another one near his residence and he would provide the dirt for this work too.

Ben Cole left the meeting and Bobby Reed arrived.

Jim Harris reported that they were putting brine on the roads due to possible bad weather. Jim said they finished working on 225^th. He said they did work for the Mapleton cemetery and the Mapleton fire department. Jim reported that the County had items listed on Purple Wave that were scheduled to sell today and said they would pick up the trucks that the County purchased from Purple Wave in Topeka next week. Jim said he received a thank you letter for the grader work and sign work from Lyle Key who is the Sheriff at Yates Center, but has a house at the Bourbon Allen Lake.

Jim Harris reported they plan to blast at the Blake Quarry on December 12^th and said they may take the drill to the Ermel property to do a test drill on December 13^th. Jim said that they will use federal funding for the blast at the Blake Quarry.

Ben Cole came to the meeting and Bobby Reed left.

The Commissioners were scheduled to discuss an investment letter allowing Security Bank of Kansas City to invest the bond money from the project funds into money markets; however Lynne said they would not be signing the investment letter due to the money being spent on jail equipment.

Harold made a motion to go into a 5 minute executive session for attorney client privilege with possible litigation and Lynne seconded (the session included the Commissioners, Justin Meeks and Eric Bailey). No action was taken.

Harold made a motion to go into a 10 minute executive session for attorney client privilege with possible litigation and Lynne seconded (the session included the Commissioners and Justin Meeks). No action was taken.

Justin Meeks met with the Commissioners to discuss viscous dogs. Also present for this meeting were Rebecca Mehwinney and baby. Justin presented an example of a viscous dog policy; the sample policy was as follows:

What are the legal definitions for dangerous and vicious dogs in Bourbon County?

Vicious dogs pertain to a canine or canine crossbreed that has: killed a person, inflicted serious injury to a person, including multiple bites, serious disfigurement, serious impairment of health, or serious impairment of bodily function

Continued to exhibit behavior that resulted in a previous finding by a court it is a dangerous dog

Dangerous dogs include any canine or canine crossbreed that has bitten, attacked, inflicted injury on a person or companion animal or killed a companion animal

Times when a dog that has bitten is not deemed dangerous

A dog wont be deemed dangerous, despite a bite if: the dog owner is engaging in lawful hunting, the dog owner is participating in an organized, lawful dog handling event or home invasion.

What happens if someone has an incident involving a dog bite or attack?

The responding officer may confine the animal, the responding officer may let the owner confine the animal, and the case may be brought to court, if the dog is deemed a threat to public safety, animal control.

No animal shall be deemed dangerous solely because of its breed.

What happens when a dog is labeled as dangerous?

Can start a dangerous dog registration certificate from Bourbon County, Cost of the certificate is $___________, tag must be worn at all times, home owner must have liability insurance, animals must be properly confined or in enclosed yard at all times.

Residence or property must be posted with clearly visible signs warning minors and adults or the presence of a dangerous dog on the property.

Animal must be permanently identified by means of a tattoo on the inside thigh or by electronic implant or terminate the dog.

Justin said he wouldn’t want the Sheriff’s department to be the animal control. Justin said that Allen County does not have a dog policy. He said that other counties do not have dog policies due to the fact that they do not have personnel to enforce the policy. He said he called insurance agents and was told that 1/3 of claims nationwide pertain to dogs. Justin said that there are insurance policies available to dog owners. Justin discussed the current Pit Bull policy that Bourbon County has; which states that Pit Bulls are not allowed in the County. Justin said why have a policy if it’s not being enforced. Justin presented animal regulations from Charles County, Maryland. Justin said once a dog attacks someone or something else, the owner is on notice of how their dog acts and the owner needs to act accordingly. Justin said the owner is responsible for its dog’s actions. No decision was made on the viscous dogs.

Lynne reported that he had signed the contract with Pauly Jail Building Company, Inc for the jail pods.

At 11:43 am, Harold made a motion to adjourn and Lynne seconded.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Lynne Oharah, Commissioner

(ss) Harold Coleman, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

12/15/2016, Approved Date

December 1, 2016 Thursday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners and the County Clerk present.

Also present were Michelle Workman with the Fort Scott Biz, Nick Ruhl and Jeff Fischer.

The Commissioners signed a letter of support (that Rhonda Dunn prepared) to place the Indian Creek Bridge on the Historic Register. Kendell gave the letter to Rhonda Dunn.

Lora Holdridge presented a final plat map for Pearson Addition (owner Glen Pearson) near Marco Estates; she said the land has been surveyed and reviewed. Barbara made a motion to sign the plat map, Harold seconded and all approved.

Tammy Helm with the Fort Scott Tribune and Bill Martin arrived at the Commission meeting.

Bill Martin questioned if the Courthouse had a defibrillator; there is one in the jail, but not in the Courthouse. Nick Ruhl talked to Shane Walker about this and said Shane reported that several years ago the Commissioners denied getting one for the Courthouse due to the liability of it. Barbara suggested that the County needed to use the County nurse as a resource as much as possible. Nick Ruhl called Dave Bruner with the Fort Scott Fire Department; he said a defibrillator would cost approximately $2,000, but said that Mercy Hospital may have a grant available to help purchase a defibrillator. Kendell questioned if the Commissioners wanted to talk to Will Wallis about a defibrillator since he is the Emergency Preparedness Coordinator; no decision was made on this.

Barbara made a motion to go into a 10 minute executive session for Courthouse security, Harold seconded and all approved, (the session included the Commissioners, David Neville, Shane Walker, Bill Martin, Paul Ballou and Justin Meeks). No action was taken.

Clint Anderson informed the Commissioners that the State of Kansas would have representatives present from PVD for a seminar to discuss the process regarding calculating agriculture land valuations. The seminar will be held on December 21^st at 7:00 pm at the 4-H building in Fort Scott. The meeting is free to attend and open to the public. There may be more than one Commissioner present for the seminar.

Barbara made a motion to sign the documents to get the jail land tax exempt, Harold seconded and all approved.

Justin Meeks reported that he had reviewed the contract for the jail pods; he discussed the ability to terminate the contract if needed as well as the process to dispute. Lynne said he had received a detailed pay schedule for the pods.

The Commissioners will discuss an investment letter (authorizing the project funds from the bonds for the jail equipment to be swept into Money Markets) on December 6^th at 9:45 am.

Justin Meeks said he had been working on the employee handbook and expected to present a revised handbook by the end of the year.

At 11:00 am, Barbara made a motion to adjourn, Harold seconded and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Lynne Oharah, Commissioner

(ss) Harold Coleman, Commissioner

ATTEST:

(ss)Kendell Mason, Bourbon County Clerk

12/08/2016, Approved Date

November 2016

November 29, 2016 Tuesday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners and the County Clerk present.

Also present were Jason Silvers with the Fort Scott Tribune, Michelle Workman with Fort Scott Biz, Alvin Metcalf, Jeff Fischer and Nick Ruhl.

Harold reported that there are two roads near the West Liberty Cemetery that need rock.

Jim Harris reported that the County is selling items on Purple Wave and currently they are up to $9,650. Jim is interested in purchasing trucks on Purple Wave, a 2005 currently listed at $3,900, a 2006 currently listed at $4,000 and a 2005 currently listed at $3,600. Barbara made a motion to purchase 2 of the trucks, Harold seconded, and all were in favor. After discussion Harold made a motion to allow Jim to purchase the 3^rd truck if it sells for a reasonable amount, Lynne seconded and all were in favor.

Barbara made a motion to approve a culvert entrance at 2650 Osage Road, Lynne seconded and all approved.

Barbara made a motion to go into a 10 minute executive session to discuss the Phoenix Coal Company for attorney client privilege with possible litigation, Harold seconded and all approved, (the session included the Commissioners, Jim Harris and Justin Meeks). No action was taken.

Jim Harris presented a written note from Don Hutchinson for a waiver of liability insurance allowing the County to get clay off of his land (one time), Barbara moved to sign the waiver, Harold seconded and all approved.

Diana Mitchell, Denver Mitchell, Mr. & Mrs. Travis Mewhinney (and baby) and Mac Stoughton met with the Commissioners and Justin Meeks to discuss the viscous dog resolution. Justin said this issue was discussed previously, but there was an active criminal case regarding a dog at the time. It was questioned what a viscous dog was; Dr. Gorman previously said it could be any breed of a dog. Harold said he didn’t feel it was right to single out a specific breed. Justin questioned who would be responsible for harboring a viscous dog. Barbara said the Sheriff previously said it was hard to identify what type of breed a dog is. Barbara questioned what happens if a dog attacks a child; Diana Mitchell said in the City limits a dog would be quarantined and the owner would have the opportunity to remove the dog from the City. Diana Mitchell said a dog attacking a different dog is different than a dog attacking a person; Justin asked her if a dog attacked a cow would that be ok? Diana said wouldn’t it ultimately be the owners responsibility, and asked how do you define a viscous dog, Justin said you know it when you see it. Denver Mitchell questioned if someone is harming you or your property and your dog attacks is that the same as a viscous dog? Travis Mehwinney questioned if another dog comes onto your property and your dog hurts the other dog, would the owner of the dog be at fault? Justin said he couldn’t answer that. The viscous dog issue will be discussed again on December 6^th at 11:00 am.

Henry Holeman, Curtis Russell and Kevin Gleason met with the Commissioners and Clint Anderson regarding increased valuations and the increase in taxes on their properties. Clint said that there is a standard increase in agricultural land of approximately 12-15%. Clint said the complex calculation is based on an 8 year average from K-State (he said it’s been the same calculation process in place for a long period of time). Clint said the State provides the values each year and said the County can’t change those amounts. Clint said the drought years or poor crop years are dropping off and regular years are coming on. Rhonda Dunn said the residents should have seen a benefit when the poor production years were on. Clint said the State assigns the values. Clint said their office makes sure the soil type is classified correctly and said the computation is based on production. Clint said if land is changed from grass production to crop production there will be a huge increase in value. Clint said some counties in western Kansas are seeing a 25-40% increase in valuations due to poor years dropping off. Brian Wade questioned what to do if a person’s valuation is higher than what the owner feels its worth; Clint said if someone doesn’t feel their property is valued for what it could be sold for then they need to contact his office. Clint said the value on a home is 90% based on the exterior condition of the home. Clint said if someone wants the appraiser’s office to view the inside of their property then they will. Clint said their office is on site of every property at least once every 6 years. Brian Wade asked if they were afraid of pricing the owners out of business due to high taxes. Clint said it’s his duty to deal with value and not taxes and said his office is proactive trying to find out about homes and their value. Brian said there are a lot of poor people in this county who struggle financially. Rhonda Dunn said there is a process in place to protest taxes; Clint said the process starts in his office and if the owner still doesn’t feel the value is appropriate then it would move to a small claims hearing with the State Board of Tax Appeals and then if the owner still isn’t satisfied it could be taken to the full Board of Tax Appeals. Clint agreed to contract PVD to request a presentation on how land is valued; PVD agreed to do the presentation, Clint will notify the public of this meeting date and location.

Rhonda Dunn discussed an investment letter from Security Bank of Kansas City; they asked for permission to move the jail equipment bond money into money market accounts; the Commissioners tabled this request and will discuss it again on December 1^st.

Bill Martin said he would schedule a time for representatives from Hidden Valley to meet with the Commissioners regarding allowing the Sheriff’s office to patrol the private land at Hidden Valley.

Barbara made a motion to go into a 15 minute executive session for employer employee negotiations regarding an identifiable individual, Harold seconded and all approved (the session included the Commissioners and Justin Meeks). No action was taken.

Ben Cole and Bobby Reed arrived at the meeting.

The Commissioners asked Kendell to do the paperwork to get the future jail exempt from taxes.

Barbara left the Commission meeting.

Shane Walker met with the Commissioners; he said they are getting ready to start installing the fiber in the ground between the Courthouse and the USD 234 Board Office, he said he has the money in his budget to pay for this, but said the jail would have to pay (between $30,000-$35,000) to get the fiber installed from the Board Office to the new jail site. Shane said he felt there would be a savings since the jail would not have to have separate phone or internet service.

At 11:34 am, Harold made a motion to adjourn and Lynne seconded.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Lynne Oharah, Commissioner

(ss) Harold Coleman, Commissioner

ATTEST:

(ss)Kendell Mason, Bourbon County Clerk

12/01/2016, Approved Date

November 22, 2016 Tuesday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners and the County Clerk present.

Also present were Chris Bosley with Ward Kraft, Tammy Helm with the Fort Scott Tribune, Bobby Reed and Nick Ruhl.

Jim Harris presented photos of trucks being sold on Purple Wave from Westar Energy; he asked for permission to bid on the following; a 2005 Chevrolet with 111,596 miles currently listed at $2,700, a 2006 Chevrolet with 91,584 miles currently listed at $3,300 and a 2005 Chevrolet with 81,732 miles currently listed for $3,300. Jim said he has items that are being sold on Purple Wave that he could use the money from to purchase the trucks. The items are being sold on November 30^th; the Commissioners said they would decide whether to bid on November 29^th.

Harold reported that Barbara Piene called asking that the Commissioners write a letter of support to get the Indian Creek Bridge on the Historic Register.

Ben Cole and Bill Martin arrived at the Commission meeting.

Lynne reported that they had a jail progress meeting on November 21^st; he said they made progress regarding cameras, intercoms and keys.

Justin Meeks reported that a motion to suspend had been filed regarding the administrative order for the $47,476 threshold on salary. Justin said that if an injunction is filed then the County would not change anything on how a few employees are paid, but said if no injunction is filed then they County would need to be prepared to be in compliance on December 1^st. Barbara said she knew of someone that works for a different company and she said they were told to only work between certain hours a day and not to work overtime; Bill said law enforcement can’t always work specific hours. Alvin Metcalf arrived at the meeting. The Commissioners discussed going into an executive session to talk about the order; Tammy Helm questioned if it should be discussed during an executive session since County wages are an open record. Justin reviewed the laws regarding executive session and said if setting the salaries it would not be an executive session but if discussing non elected personnel (naming an individual) and discussing wages based on performance then it would be an executive session. The Commissioners asked Bill Martin if he had any recommendations regarding the order; Bill said he couldn’t make any recommendations at this time but said he had made recommendations regarding wages in the past. There was discussion over having enough staff to cover the positions to eliminate overtime. Ben Cole said the Sheriff’s department served 4 search warrants in the past 2 weeks and this has caused overtime; Barbara questioned if any of the individuals sitting in the Commission meeting could be helping with the search warrants, they said they couldn’t. The Commissioners decided that due to the executive order the Commissioners set aside some money to pay if the executive order passes. The Commissioners decided if the order passes that the 2 positions (the Major and the Captain) in the Correctional Center will be left at their current salary and left as salaried, but will be paid for the overtime worked over 86 hours. Any other positions in the County that are salaried will be required to not work any overtime. The individuals will need to start clocking in an out to track their hours. If the order does not pass, then no changes will be made on how the employees are being paid (they will be left as salaried and will not be paid additional for overtime). Bobby Reed said he didn’t know why they didn’t move the positions to hourly; Barbara said she felt they wanted to be salaried. Bill Martin said the positions were made salaried due to financial issues and that at the time it was better to be salaried, but now it is not better due to the executive order.

Harold made a motion to go into a 20 minute executive session for non-elected personnel to protect their privacy, Lynne seconded and all approved (the session included the Commissioners, Justin Meeks, Kendell Mason, Bill Martin, Ben Cole, Bobby Reed and Alvin Metcalf). No action was taken.

Bill Martin said that Hidden Valley Lake (Bill said the lake is private property) had contacted him requested that the County Commission adopt a resolution which would give the law enforcement the authority to enforce traffic laws at the lake; the Commissioners are going to discuss this further on November 29^th.

Barbara made a motion to go into executive session for 5 minutes regarding non elected personal to protect their privacy. Lynne seconded and all were in favor (the session included the Commissioners). No action was taken.

Harold made a motion to adjourn at 12:05, Lynne seconded and all were in favor.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Lynne Oharah, Commissioner

(ss) Harold Coleman, Commissioner

ATTEST:

(ss)Kendell Mason, Bourbon County Clerk

11/29/2016, Approved Date

November 17, 2016 Thursday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners and the County Clerk present.

Michelle Workman with the Fort Scott Biz and Alvin Metcalf were also present.

Jim Harris reported they are moving equipment to 225^th to start moving clay from a property to be placed in approximately 5 spots in the road. He said they are 90% done working in the Gunn Park addition. Jim said they are installing 2 culverts on 85^th.

Jim said he would like to request a quarry in the Northwest part of Bourbon County. He said to get 50 loads of rock hauled to this part of the County from another quarry takes approximately 4 days, verses a day and a half to other parts of the County. He said they can’t make enough road rock at the Blake Quarry. Jim said there was a property owner at 65^th & Soldier Road that has given permission to do a test drill on their property. Harold made a motion to do a test drill at 65^th & Soldier Road, Lynne seconded and all approved.

Lynne reported that Tyler Jackman requested a stop sign at 85^th & Limestone (on the East corner). Barbara made a motion to place a stop sign at 85^th & Limestone on the East side of the intersection. Lynne seconded and all approved.

Greg Schick met with the Commissioners regarding the jail project; he questioned if there was an independent inspection process in place during the construction process; Lynne said Ag Engineering will do the inspections and will be on site on a regular basis.

Greg Schick questioned the appraisal value on property; he said he feels that agriculture ground is not properly appraised. He said he has seen land sell for more than what it is appraised at. He said he feels there is a blatant problem with appraisals in the City and County. He said he purchased a house that was appraised for $25,000 that he purchased for $5,200; he did say that some property was under valued. He said he felt that the County was loosing money on agriculture land. Clint Anderson the Appraiser attended the meeting to help explain the values. He said that the agriculture land is not valued at market grade; he said it is based on income to the property and it is valued by the State as either grass, crop or irrigated. Clint said he has no ability to change the land values. Greg questioned if there was a Statute in place to keep the valuation within 10% of the market value; Clint said the ration study done by the State of homes being sold compared to the value, Clint said the value is required to be within 90-110% and most are falling between 97-98%. Clint said this year their target is to review the value of the lower end homes and hopefully this will be improved in 2017.

Barbara left the meeting to attend a funeral.

Lynne presented contracts for the jail site for the inspection process; Ag Engineering bid between $25,000-$35,000 and PPI bid $32,000; Lynne made a motion to use Ag Engineering as the inspector for the jail construction process (which their bid was within range and to keep the business local) Harold seconded, motion passed.

Brian Wade stopped by the Commission meeting.

Bill Martin arrived at the meeting and Alvin Metcalf left the meeting.

Harold made a motion to go into a 10 minute executive session for attorney client privilege with possible litigation, Lynne seconded (the session included Lynne, Harold and Justin Meeks). No action was taken.

Harold made a motion to allow Lynne Oharah to discuss a financial administrator position with an identifiable individual, Lynne seconded, motion passed.

Lynne presented a contract for the jail cells to Justin Meeks to review.

Harold made a motion to go into a 5 minute executive session for non-elected personnel to protect their privacy and Lynne seconded, (the session included the Commissioners, Justin Meeks and Kendell Mason). After 3 minutes of the session Harold left the session to attend a funeral. No action was taken.

There may be more than one Commissioner attend a luncheon at the County today, but no County business will be discussed.

Barbara arrived back at the meeting.

Lynne presented the contract for Ag Engineering to be the inspector at the jail site to Barbara and she signed the contract.

At 11:04 am, Barbara made a motion to adjourn and Lynne seconded. THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Lynne Oharah, Commissioner

(ss) Harold Coleman, Commissioner

ATTEST:

(ss)Kendell Mason, Bourbon County Clerk

11/22/2016, Approved Date

November 15, 2016 Tuesday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners and the County Clerk present.

Also present were Tammy Helm with the Fort Scott Tribune, Michelle Workman with the Fort Scott Biz, Chris Bosley with Ward Kraft and Alvin Metcalf.

Arnold Schofield, Don Hutchinson and Barbara Piene met with the Commissioners and Jim Harris regarding the Indian Creek Bridge. Arnold Schofield said the wrought iron bridge on Yale Road was constructed in 1898 (which was a prefabricated bridge that was delivered to the area and then built). They discussed the pros and cons of putting the bridge on the Historic Register. Arnold said the bridge has historic integrity, he said he felt that a conservative estimate would be that the bridge is 99% intact (except the decking which is mostly gone and needs replaced). He said it would take a letter of recommendation from the Commissioners to nominate the bridge. He said the nomination process takes 10-12 months to complete. Arnold said if a bridge is on the National Register then it is automatically on the State Register. He said if it was on the register it would require a commitment to preserve the bridge, he said it was going to cost money to do this. The bridge is being considered to be made into a walking bridge where it is currently located. Arnold said once it is on the register, a grant 80/20 (County portion would be 20%) through the Heritage Trust Fund could be applied for preserving the bridge. Arnold said the grant process would required the bridge to be evaluated by an engineer (he said once that was done, the Commissioners would have an idea of the cost to repair the bridge). Harold made a motion to move forward with getting the bridge on the National Register, Lynne seconded and all approved. The Commissioners thanked Barbara Piene and Arnold Schofield for doing the work to attempt to get the bridge on the Register.

Jim Harris said that the County is selling items on Purple Wave on December 9^th; he said the items are currently over $10,000. He said Westar is selling trucks on Purple Wave and asked permission to purchase 2 of the trucks (by using the Purple Wave revenue). Jim said the County is currently paying employees mileage to haul mowers with their own vehicles. The Commissioners gave Jim permission to look at the Westar trucks to see if they are what the County needs.

Jim reported that they are preparing to blast at the Blake Quarry which will provide rock and asphalt chips for next spring.

Bill Martin arrived at the meeting.

The City of Fort Scott will consider the Conditional Use Permit for the location of the new jail on November 15^th; one of the Commissioners may be attending the meeting.

Shane Walker met with the Commissioners regarding the new road that is being built south of the Laroche Ballpark; the road will be called 221^st. The County will do a Resolution with the legal description of the road.

Barbara made a motion to approve the 2016 General Election Canvass official summary report, Lynne seconded and all approved and signed the results.

Barbara made a motion to go into a 15 minute executive session for attorney client privilege with possible litigation, Harold seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

At 10:39, Barbara made a motion to adjourn, Lynne seconded and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Lynne Oharah, Commissioner

(ss) Harold Coleman, Commissioner

ATTEST:

(ss)Kendell Mason, Bourbon County Clerk

11/17/2016, Approved Date

November 14, 2016 Monday 10:00 am

The Bourbon County Commission met in order to do the General Election Canvass. All three Commissioners and the County Clerk were present.

Also present were Justin Meeks, Tammy Helm with the Fort Scott Tribune, Michelle Workman with the Fort Scott Biz and Nick Ruhl.

At 12:28 pm, Barbara made a motion to adjourn and Harold seconded.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Lynne Oharah, Commissioner

(ss) Harold Coleman, Commissioner

ATTEST:

(ss)Kendell Mason, Bourbon County Clerk

11/15/2016, Attest Date

2016 General Election Results

TOTAL VOTES % ELECTION DAY EARLY VOTE PROVISIONAL

PRECINCTS COUNTED (OF 20) . . . 20 100.00

REGISTERED VOTERS – – TOTAL . . 11,643

BALLOTS CAST – – TOTAL . . . . . . 6,239 4,231 1,850 158

VOTER TURNOUT – – TOTAL. . . . . . 53.59

PRESIDENTIAL ELECTORS FOR PRESIDENT

Vote for 1

Clinton and Kaine (DEM). . . . . . 1,336 21.64 801 505 30

Johnson and Weld (LIB) . . . . . . 205 3.32 144 48 13

Stein and Baraka (IND) . . . . . . 108 1.75 81 25 2

Trump and Pence (REP) . . . . . . 4,424 71.64 3,088 1,226 110

WRITE-IN. . . . . . . . . . . 102 1.65 75 25 2

UNITED STATES SENATOR

Vote for 1

Robert D. Garrard (LIB). . . . . . 347 5.70 247 84 16

Jerry Moran (REP). . . . . . . . 4,427 72.69 3,085 1,236 106

Patrick Wiesner (DEM) . . . . . . 1,308 21.48 795 486 27

WRITE-IN. . . . . . . . . . . 8 .13 6 2 0

UNITED STATES REPRESENTATIVE, 2ND DIstrict

Vote for 1

James Houston Bales (LIB) . . . . . 307 5.03 223 71 13

Lynn Jenkins (REP) . . . . . . . 4,640 76.07 3,224 1,302 114

Britani Potter (DEM). . . . . . . 1,147 18.80 682 441 24

WRITE-IN. . . . . . . . . . . 6 .10 4 2 0

STATE SENATOR, 13TH DISTRICT DISTRICT 13

Vote for 1

Lynn D. Grant (DEM) . . . . . . . 1,418 35.83 849 534 35

Jake LaTurner (REP) . . . . . . . 2,531 63.95 1,683 784 64

WRITE-IN. . . . . . . . . . . 9 .23 7 2 0

STATE SENATOR, 12TH DISTRICT DISTRICT 12

Vote for 1

Christopher B. Johnston (DEM). . . . 414 19.87 302 110 2

Caryn Tyson (REP). . . . . . . . 1,598 76.68 1,207 348 43

WRITE-IN. . . . . . . . . . . 72 3.45 53 18 1

STATE REPRESENTATIVE, 2ND DISTRICT DISTRICT 2

Vote for 1

Adam J. Lusker Sr. (DEM) . . . . . 349 95.10 289 51 9

WRITE-IN. . . . . . . . . . . 18 4.90 13 5 0

STATE REPRESENTATIVE, 4TH DISTRICT DISTRICT 4

Trevor Jacobs (REP) . . . . . . . 4,855 97.67 3,298 1,437 120

WRITE-IN. . . . . . . . . . . 116 2.33 56 59 1

TOTAL VOTES % ELECTION DAY EARLY VOTE PROVISIONAL

COUNTY COMMISSIONER DISTRICT 2

Vote for 1

Jeff Fischer (REP) . . . . . . . 2,288 97.78 1,413 823 52

WRITE-IN. . . . . . . . . . . 52 2.22 27 25 0

COUNTY COMMISSIONER DISTRICT 3

Vote for 1

LeRoy “Nick” Ruhl (REP). . . . . . 982 62.03 737 224 21

Harold D. Coleman (DEM). . . . . . 600 37.90 422 155 23

WRITE-IN. . . . . . . . . . . 1 .06 0 1 0

COUNTY CLERK

Vote for 1

Kendell D. Mason (REP) . . . . . . 5,570 98.92 3,826 1,604 140

WRITE-IN. . . . . . . . . . . 61 1.08 35 25 1

COUNTY TREASURER

Vote for 1

Rhonda Dunn (REP). . . . . . . . 5,606 98.82 3,850 1,610 146

WRITE-IN. . . . . . . . . . . 67 1.18 40 26 1

COUNTY REGISTER OF DEEDS

Vote for 1

Lora Holdridge (REP). . . . . . . 5,526 99.05 3,790 1,592 144

WRITE-IN. . . . . . . . . . . 53 .95 30 22 1

COUNTY ATTORNEY

Vote for 1

Justin B. Meeks (REP) . . . . . . 5,406 98.17 3,711 1,552 143

WRITE-IN. . . . . . . . . . . 101 1.83 64 36 1

COUNTY SHERIFF

Vote for 1

Bill Martin (REP). . . . . . . . 3,629 59.70 2,465 1,087 77

Mike Feagins (DEM) . . . . . . . 2,425 39.89 1,650 702 73

WRITE-IN. . . . . . . . . . . 25 .41 14 11 0

TOWNSHIP TRUSTEE DRYWOOD

Vote for 1

Darrell L. Bloomfield (REP) . . . . 155 86.11 100 54 1

WRITE-IN. . . . . . . . . . . 25 13.89 17 8 0

TOWNSHIP TRUSTEE FREEDOM

Vote for 1

Janice Seested (REP). . . . . . . 176 100.00 144 24 8

WRITE-IN. . . . . . . . . . . 0 0 0 0

TOTAL VOTES % ELECTION DAY EARLY VOTE PROVISIONAL

TOWNSHIP TRUSTEE FRANKLIN

Vote for 1

WRITE-IN. . . . . . . . . . . 14 100.00 9 5 0

WRITE IN WINNER = ED MURROW (TIE BETWEEN ED MURROW & TOM RIDGE)

TOWNSHIP TRUSTEE MARION

Vote for 1

Steve Geiger (REP) . . . . . . . 460 99.57 388 60 12

WRITE-IN. . . . . . . . . . . 2 .43 2 0 0

TOWNSHIP TRUSTEE MILLCREEK

Vote for 1

Yvonne Beck (REP). . . . . . . . 227 100.00 151 73 3

WRITE-IN. . . . . . . . . . . 0 0 0 0

TOWNSHIP TRUSTEE MARMATON

Vote for 1

David R. Duffey (REP) . . . . . . 240 69.36 170 67 3

Clarence “Ed” Guss (DEM) . . . . . 106 30.64 73 33 0

WRITE-IN. . . . . . . . . . . 0 0 0 0

TOWNSHIP TRUSTEE OSAGE

Vote for 1

WRITE-IN. . . . . . . . . . . 24 100.00 17 7 0

WRITE IN WINNER = MARVIN CREAGER

TOWNSHIP TRUSTEE PAWNEE

Vote for 1

Karen A. Endicott-Coyan (REP). . . . 121 98.37 57 56 8

WRITE-IN. . . . . . . . . . . 2 1.63 1 1 0

TOWNSHIP TRUSTEE SCOTT

Vote for 1

Rick McDaniel (REP) . . . . . . . 759 67.17 485 259 15

Dean Bailey (DEM). . . . . . . . 366 32.39 213 151 2

WRITE-IN. . . . . . . . . . . 5 .44 3 1 1

TOWNSHIP TRUSTEE TIMBERHILL

Vote for 1

Dan Laughlin (REP) . . . . . . . 91 95.79 80 11 0

WRITE-IN. . . . . . . . . . . 4 4.21 4 0 0

TOWNSHIP TRUSTEE WALNUT

Vote for 1

WRITE-IN. . . . . . . . . . . 3 100.00 3 0 0

WRITE IN WINNER = WARREN SCHOOLEY

TOTAL VOTES % ELECTION DAY EARLY VOTE PROVISIONAL

TOWNSHIP TREASURER DRYWOOD

Vote for 1

Dwayne E Allen (REP). . . . . . . 174 92.55 111 62 1

WRITE-IN. . . . . . . . . . . 14 7.45 10 4 0

TOWNSHIP TREASURER FREEDOM

Vote for 1

Karen A. Paddock (REP) . . . . . . 170 99.42 139 23 8

WRITE-IN. . . . . . . . . . . 1 .58 1 0 0

TOWNSHIP TREASURER FRANKLIN

Vote for 1

WRITE-IN. . . . . . . . . . . 16 100.00 12 4 0

WRITE IN WINNER = LYNDA MURROW (TIE BETWEEN LYNDA MURROW, THERESA BURKE, TOM RIDGE)

TOWNSHIP TREASURER MARION

Vote for 1

Rex Wilson (REP) . . . . . . . . 467 99.79 394 61 12

WRITE-IN. . . . . . . . . . . 1 .21 1 0 0

TOWNSHIP TREASURER MILLCREEK

Vote for 1

Betty L Graham (DEM). . . . . . . 203 98.07 138 62 3

WRITE-IN. . . . . . . . . . . 4 1.93 1 3 0

TOWNSHIP TREASURER MARMATON

Vote for 1

Wilma K. Graham (DEM) . . . . . . 266 91.41 192 72 2

WRITE-IN. . . . . . . . . . . 25 8.59 20 5 0

TOWNSHIP TREASURER OSAGE

Vote for 1

Kathleen Valentine (REP) . . . . . 185 97.37 151 32 2

WRITE-IN. . . . . . . . . . . 5 2.63 4 1 0

TOWNSHIP TREASURER PAWNEE

Vote for 1

Sharon Middleton (DEM) . . . . . . 113 99.12 59 50 4

WRITE-IN. . . . . . . . . . . 1 .88 0 1 0

TOWNSHIP TREASURER SCOTT

Vote for 1

Harold Rogers (REP) . . . . . . . 754 67.38 470 270 14

Jackie D. Messer (DEM) . . . . . . 361 32.26 222 136 3

WRITE-IN. . . . . . . . . . . 4 .36 2 1 1

TOTAL VOTES % ELECTION DAY EARLY VOTE PROVISIONAL

TOWNSHIP TREASURER TIMBERHILL

Vote for 1

David Scharenberg (REP). . . . . . 97 98.98 84 13 0

WRITE-IN. . . . . . . . . . . 1 1.02 1 0 0

TOWNSHIP TREASURER WALNUT

Vote for 1

WRITE-IN. . . . . . . . . . . 3 100.00 3 0 0

BEIER

YES . . . . . . . . . . . . 2,535 43.89 1,655 796 84

NO. . . . . . . . . . . . . 3,241 56.11 2,283 902 56

BILES

YES . . . . . . . . . . . . 2,485 43.35 1,633 769 83

NO. . . . . . . . . . . . . 3,248 56.65 2,276 912 60

NUSS

YES . . . . . . . . . . . . 2,541 44.15 1,684 774 83

NO. . . . . . . . . . . . . 3,215 55.85 2,235 921 59

LUCKERT

YES . . . . . . . . . . . . 2,507 43.71 1,658 765 84

NO. . . . . . . . . . . . . 3,229 56.29 2,251 921 57

STEGALL

YES . . . . . . . . . . . . 3,909 68.99 2,685 1,128 96

NO. . . . . . . . . . . . . 1,757 31.01 1,186 530 41

LEBEN

YES . . . . . . . . . . . . 2,614 46.40 1,720 810 84

NO. . . . . . . . . . . . . 3,020 53.60 2,126 844 50

PIERRON

YES . . . . . . . . . . . . 2,585 46.13 1,700 803 82

NO. . . . . . . . . . . . . 3,019 53.87 2,128 838 53

BRUNS

YES . . . . . . . . . . . . 3,812 67.74 2,587 1,128 97

NO. . . . . . . . . . . . . 1,815 32.26 1,259 519 37

ATCHESON

YES . . . . . . . . . . . . 2,612 46.63 1,725 804 83

NO. . . . . . . . . . . . . 2,990 53.37 2,096 844 50

TOTAL VOTES % ELECTION DAY EARLY VOTE PROVISIONAL

BURGER

YES . . . . . . . . . . . . 2,659 47.29 1,739 838 82

NO. . . . . . . . . . . . . 2,964 52.71 2,101 811 52

GARDNER

YES . . . . . . . . . . . . 3,849 68.88 2,624 1,124 101

NO. . . . . . . . . . . . . 1,739 31.12 1,204 502 33

JOHNSON

YES . . . . . . . . . . . . 4,000 70.77 2,700 1,199 101

NO. . . . . . . . . . . . . 1,652 29.23 1,149 469 34

WARD

YES . . . . . . . . . . . . 4,145 70.92 2,759 1,279 107

NO. . . . . . . . . . . . . 1,700 29.08 1,202 466 32

MONTGOMERY

YES . . . . . . . . . . . . 3,575 66.33 2,398 1,080 97

NO. . . . . . . . . . . . . 1,815 33.67 1,283 503 29

LEBLANC

YES . . . . . . . . . . . . 3,787 67.81 2,540 1,147 100

NO. . . . . . . . . . . . . 1,798 32.19 1,274 488 36

RESOLUTION 5008

YES . . . . . . . . . . . . 5,306 88.77 3,669 1,503 134

NO. . . . . . . . . . . . . 671 11.23 402 257 12

CANVASSED CERTIFIED ELECTION RESULTS

___________________________, Chairperson

__________________________, Commissioner

__________________________

Kendell Mason,

November 10, 2016 Thursday 9:00 am

The Bourbon County Commission met in open session with Harold, Lynne and Kendell present.

Michelle Workman with the Fort Scott Biz, Nick Ruhl and Bobby Reed were also present.

Jim Harris presented a proposal from Schwab Eaton to do an engineering study of the County Bridge No. RS 518 (bridge over Fulton); the proposal was not to exceed $9,400. Jim said the Special Bridge fund could pay for the study. Harold made a motion to accept and sign the proposal, Lynne seconded motion passed.

Jim reported that they will be blasting at the Blake Quarry in December. He said he would like for the Commissioners to consider putting a 4^th quarry site in the County near an area of 65^th & Soldier Road. Jim reported they are ditching in the Northern part of the County; he said next year he would like to start a rotation program for ditching. Jim reported that there are 5 mowers operating around the County.

Barbara arrived at the meeting.

Harold reported that Don Hutchinson reported large rocks in the road near the low water crossing at 225^th & Valley; Jim said they will haul some clay to the area to cover the rocks.

Jim reported that they trimmed trees on Limestone Road. He said they will work in the Gunn Park addition next week. Barbara questioned Jim if they had placed oil on the road in an area south of the County; Jim said it hasn’t been done yet, but said if there is moisture in the air, it wont need oil, he suggested putting the oil down in the Spring.

All of the Commissioners will be at the Election canvass on Monday at 10:00 am, November 14^th.

Lynne presented a bill from Universal Construction (for the jail construction) for $91,699.67, the Commissioners agreed to authorize the payment.

The Commissioners suggested that Nick Ruhl attend the KAC meeting in November; the Commissioners agreed to pay for the meeting out of the Commissioners budget.

Harold reported that Barbara Peine inquired if the County wanted to move forward with putting the Indian Creek Bridge at approximately 255^th & Yale on the Historic Register. Barbara Albright questioned the pros and cons of placing it on the register. She called Arnold Schofield for his opinion on placing the bridge on the Historic Register. The Commissioners are going to discuss this further on November 15^th at 9:00 am.

Bill Martin and Ben Cole arrived at the meeting.

Greg Vahrenberg with Piper Jaffray & Co. called the Commissioners to report on the final results of the certification of participation on the bonds for the jail cell pods. He said the final interest rate is 3.42885%. He said the final deposit will be $1,753,879. Greg said that the first payment will be due March 1^st, 2018 (payable to Security Bank of Kansas City) and the final payment will be due in 2035. Greg said the annual average payment is approximately $140,027. Rhonda Dunn questioned the $1,753,879 verses the estimated cost of the jail pods of $1,788,000. Greg said the County would have to pay the difference for the pods out of the jail sales tax fund. Rhonda said that the estimated 2016 sales and use tax should be approximately $425,000 (which includes $200,000 for contingency). Lynne said he felt the difference should be paid out of the contingency fund. Greg recommended that the invoices for the pods be sent to the County and then the County will notify Security Bank for approval of payment of the invoices. Lynne made a motion to adopt resolution 24-16 a resolution authorizing Bourbon County, Kansas, to enter into a lease purchase transaction, the proceeds of which will be used to pay the costs of paying the costs of acquiring, constructing and installing improvements for the County; and to approve the execution of certain documents in connection therewith, Harold seconded and all approved and signed the documents.

Bobby and Bill left the meeting.

Harold made a motion to go into a 10 minute executive session for non-elected personnel to protect their privacy, Barbara seconded and all approved, (the session included the Commissioners and Kendell Mason). No action was taken.

Rhonda Dunn reported that the Historical Society received the grant application for the Courthouse; she said she will give a speech on the project on February 3^rd, 2017 in Topeka, Lynne said he would be present for her speech.

At 11:23, Barbara made a motion to adjourn and Harold seconded.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Lynne Oharah, Commissioner

(ss) Harold Coleman, Commissioner

ATTEST:

(ss)Kendell Mason, Bourbon County Clerk

11/15/2016, Approved Date

November 3^rd, 2016 Thursday 9:00 am

The Bourbon County Commission met in open session with Harold, Lynne and Kendell present.

Nick Ruhl and Jeff Fischer were also present.

Don Hutchinson met with the Commissioners; he questioned if the jail was going to be built or not, the Commissioners replied that it was going to be built, but they are waiting on the approval of the Conditional Use Permit from the City of Fort Scott. Jeff Fischer questioned who was responsible for getting those permits done; Lynne said he assumed the architect would have been involved in getting the permits completed, Nick Ruhl said it was the general contractors job to do this and said the permits should have been done right after the groundbreaking. Jeff Fischer said he felt that they should be partially liable for some of the delays.

Harold reported that Barbara Piney questioned if the Commissioners wanted to get the Indian Creek Bridge on the Historic Register; the Commissioners want to ask Shane Walker to check into the bridge.

Bill Martin, Bobby Reed and Alvin Metcalf attended the meeting.

Dennis Downing said that in the spring of 2016; he attended a meeting with Goldberg Group Architects, he said at that time it was stated that the jail would cost $6.8 million (which included everything) and stated now the County is going to lease the cells for the jail. He questioned where the money is coming from to pay for the cells; Lynne said the cells will be paid for by the excess generated from the .40 sales tax. Dennis said the cells should have been part of the cost of the jail. Dennis said he didn’t trust the Goldberg Group Architects. He said people are questioned what is going on with the jail; he said it originally was 21,000 square feet and is now 23,000. He said the Commissioners are getting blamed all of the time regarding the jail. Lynne said that by the time the Commissioners were aware that the jail was over budget, they would have lost a lot of money to stop the project. Dennis said that he does feel that a jail is needed. Dennis said he was just looking out for taxpayers and how the tax money is being spent.

Bill Martin questioned if there were any issues regarding the jail project; Lynne said he received a letter from Ag Engineering regarding testing the dirt and pad for the jail. Lynne forwarded the letter on to Universal Construction. Bobby questioned if there was a projected start date; Lynne said the City of Fort Scott is having a meeting on November 15^th regarding the Conditional Use Permit, and felt that if approved they would start construction on November 16^th. Bill Martin said he and Justin Meeks attended a meeting with the City regarding the Conditional Use Permit (Bill said he was only at the meeting as an observer), he said at this meeting he felt everyone would be in approval of the Conditional Use Permit.

Barbara arrived at the meeting.

Barbara made a motion to go into a 10 minute executive session regarding attorney client privilege with possible litigation, Harold seconded and all approved (the session included the Commissioners and Justin Meeks). No action was taken.

Justin Meeks told the Commissioners about a recent department head meeting. He discussed the KORA rules regarding text messages and emails being open records; those records will be saved on the server at the County. Justin said he felt that the department heads understood about text messages relating to work being an open record. Justin said he should have a policy regarding this in December. Justin discussed the new order regarding and an administrative order ($47,476 minimum) on salary effective on December 1^st. Justin said this order will affect 2 of the County employees. Justin said these two employees could be made hourly or not allowed to work overtime. Justin discussed the employee handbook, he said there were a few departments that would provide additional information for the handbook revisions, he said he would provide updates to the Commissioners on the handbook in January.

Rhonda Dunn presented reports to the Commissioners; she presented the abstract totals vs. outstanding tax list; she said they have collected all but $695,604.53 of the taxes in 2015. Rhonda discussed the jail bond payment for the cells; she questioned when the Commissioners wanted to make the first lease payment. Barbara made a motion to begin making the payments in 2018, Harold seconded and all approved.

At 12:10 pm, Barbara made a motion to adjourn and Harold seconded.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Lynne Oharah, Commissioner

(ss) Harold Coleman, Commissioner

ATTEST:

(ss)Kendell Mason, Bourbon County Clerk

11/10/2016, Approved Date

November 1, 2016 Tuesday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners and the County Clerk present.

Also present were Tammy Helm with the Fort Scott Tribune, Chris Bosley with Ward Kraft, Nick Ruhl and Jeff Fischer.

Jim Harris reported that they will be moving some fill for cover at the Landfill.

David Beech with Schwaab Eaton met with the Commissioners. He discussed the findings with the 2016 Bourbon County bridge report. The report is a list of all the bridges in the County and the foundation elements of the bridges. He said that KDOT continues to expand the required scope of the bridge inspections. A bridge needs to be 20 feet or greater to be included on the bridge inventory. He said a fracture critical bridge is a bridge that has concerns with the support beams. He discussed scour ratings, which is erosion of things that can’t be seen (such as items underwater). Some of the bridges on the report has rotten guardrail. The report has a recommended plan of action. Barbara questioned how other Counties deal with the expenses of bridge repairs; Mr. Beech said the Counties budget for it. There are two rural secondary bridges in the County, that due to the length, they are going to be very expensive to repair or replace. KDOT allocates money through the surface transportation planning program. This is the same pot of money that the Federal Funds Exchange program comes from, which the County uses for bridge repairs or other repairs in the County. This money could be saved for up to 3 years at the State level to be used for projects; Mr. Beech said the County could work with KDOT to possibly save the money for more than 3 years. Barbara discussed how new highways have been built parallel to old highways with bridges, which adds to the maintenance expenses of the County. Mr. Beech discussed the sufficiently rating; he said 100 is the best rating a bridge can get; he suggested looking at the bridges that have a rating of less than 20 and prioritize those bridges for repairs. There was discussion over larger, heavier trucks going over bridges that weren’t built to hold that much weight. Jim Harris said they plan to work on the bridges that need immediate repairs, then do sign replacements and do the scour repairs. The 2 bridges in the County that are fracture critical bridges, one North and one South in the County. Mr. Beech said that the County needs to start planning for what needs to be done with the bridge North in the County on old 69 highway. The Commissioners asked that Schwaab Eaton do an inspection on the bridge that is located North on old 69 highway to see what they recommend doing with the bridge.

Lynne asked Jim Harris to view the grading done at 130^th & Limestone going south.

Bill Martin, Bobby Reed, Alvin Metcalf, Ben Cole and Brad Stewart met with the Commissioners regarding an article that was in the Newspaper which said the Sheriff was removed from the jail project. The article was about a letter Lynne read on October 27^th, (which the County Counselor approved prior to being read). Lynne said that they received a verbal request to remove the Sheriff from the project. Lynne said that all decisions will be made by the Commissioners. Bill questioned who will look over the plans regarding placement and layout, and who would make decisions on the project. Barbara said she felt that the Sheriff’s input was valuable, but said major decisions need to be made by the Commissioners. Barbara said everyone needs to work together on the property. Bill said that any increase in cost on the project will be brought to the Commissioners attention. Bill discussed meetings that were held regarding the jail project, he said the Commissioners get the same emails he does on the jail project. Bill talked about KSA 19-212, which lists the powers of the board of commissioners. Bill discussed an article regarding the Kansas Supreme Court, which said the Sheriff is an independently elected officer whose office, duties, and authorities are established and delegated by the legislature. The Sheriff is not a subordinate of the board of County Commissioners and neither are the Undersheriff or the Sheriff’s deputies and assistants. Bill said he felt that by removed from the project it labeled him as a subordinate to the County Commissioners. He questioned what authority they had to remove the project from the Sheriff’s hands; Lynne said they will ask the County Counselor. Barbara told Bill they wanted his input, but he was not the decision maker. Bill said he will follow the recommendations, he said if they want him out, he will step out and then see how fast the project moves forward. He said he will provide input when needed. Harold told Bill his participation is needed on the project, but said it was recommended that he be removed as the head decision maker on the project. Ben Cole said that the newspaper article was only one sided which he felt put the Sheriff and his department down.

Kevin Allen met with the Commissioners; he said he would like to be considered when they take bids for the jail project; Lynne said he reported this to Universal Construction Company.

Rhonda Dunn said that the November 1^st tax sale sold 10 properties for a total of $3,695. She said there will be a tax sale later on for properties that were scheduled to be sold, but weren’t due to no record of service.

Rhonda Dunn discussed a Heritage Trust Fund grant application she had for the repairs to the East porch. She said they received 2 bids for the repairs and submitted the higher bid on the application, but will re-bid the project once the grant is awarded. The higher bid was $67,885 which includes masonry work, (no ramps) relocation of conduit and relocation of the a/c unit plus consulting fees and a 20% contingency fee. The total is $83,962, $67,885 could be paid for through the grant and the County would have to pay approximately $16,000. She said the County is eligible for 80% up to $90,000. The County would have to pay all of it initially, but could be reimbursed for the 20%. Rhonda said that the Equipment Reserve General Fund has $85,438 available. Harold made a motion to sign the Heritage Trust Fund grant, Lynne seconded and all approved.

Lynne said that he would send an email to Gary Walker from Ag Engineering regarding work done on the jail.

Barbara made a motion to go into a 20 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Harold seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

Bill Martin, Bobby Reed and Ben Cole met with the Commissioners; Lynne read a clarification statement (which he said was not political whatsoever), Lynne said the Commissioners want and welcome input on the jail, he said they understand that legally they can’t tell the Sheriff what to do, but said Bill Martin’s previous statement to pull the plug was not a statement that was supported by the Commissioners, Lynne said the Commissioners desire a team effort on the jail project. Bill Martin said it has always been a team project, but felt the article in the paper discussing removing the Sheriff from the jail project was extreme and way out of hand; Bill said he knew the purse strings for the County were held by the Commissioners.

At 11:55, Barbara made a motion to adjourn, Harold seconded and all were in favor.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Lynne Oharah, Commissioner

(ss) Harold Coleman, Commissioner

ATTEST:

(ss)Kendell Mason, Bourbon County Clerk

11/03/2016, Approved Date

October 2016

October 27, 2016 Thursday 9:00 am

The Bourbon County Commission met in open session with Barbara, Harold and Kendell present.

Tammy Helm with the Fort Scott Tribune, Nick Ruhl and Jeff Fischer were also present.

Jim Harris presented a final agreement between KDOT and Bourbon County regarding the Maple Road project (project # 06C-4683-01). The agreement allows KDOT to move forward and bid out the project. Barbara made a motion to proceed and sign the agreement, Harold seconded and all approved.

Lora Holdridge met with the Commissioners; she previously inquired filling a vacancy in her office after January 1^st, Lora said she had this employee built into her budget, she said she also inquired about sharing an employee with another employee. The Commissioners plan to discuss this after Lynn arrives at the Commission meeting.

Rhonda Dunn presented a list of 68 properties that are scheduled to be sold at a tax sale at the Courthouse on November 1, 2016 @ 10:00 am.

Rhonda Dunn presented a jail project draw schedule (based on the Universal Construction draw schedule). She said she will invest the money for up to two years and estimates that the money will earn approximately $17,000 (from interest). She said the money is invested in US Chartered banks that are FDIC insured.

Lynne arrived at the meeting.

Barbara made a motion to adopt Resolution 23-16, the application for permit for access entrance to a County public right-of-way (this permit is in regards to the Shafer, Klein, Warren policies for permits in the Road & Bridge department), Harold seconded and all approved.

Bobby Reed from the Correctional Center met with the Commissioners; he said every year he comes to the Commissioners to talk about attrition. He said he has lost 3 employees in 3 months. He said the people are leaving due to hours and pay, but said he can’t do anything about the pay or hours. He said his employees have to be at least 18 and at least 21 to carry a taser. Bobby said he has been interviewing for the positions, but when he offers the position to them they decline due to the pay. Lynne asked if the wages were higher and it helped with attrition, how much money would that save the department; Bobby said he would try to calculate this.

Lynne read a letter he prepared regarding the jail project, which Justin Meeks reviewed.

After the letter Lynne requested to remove the current Sheriff from the jail project and said any funding or plan changes need to come through the Commissioners.

Justin Meeks discussed the KORA State law changes and cell phone usage; he said he will discuss this during a department head meeting; he said it could change how employees communicate. The new law makes some cell phone records an open record as well as emails.

Justin Meeks presented performance bonds from Universal Construction; Lynne said he will contact Universal to ask them to file with District Court.

The Commissioners met with Lora Holdridge regarding her requesting to fill a vacancy in her office after January 1^st, the Commissioners said they could give her permission to fill the position with a part time position at max, Lora stated that the Treasurer has 6 employees and the Clerk has 4 total in her office, she questioned that they want her to run her office with only 2 people. Justin Meeks said that due to a hiring freeze, there isn’t much they can do; Justin said that all departments may loose employees next year. Lora said that she may be able to use the temporary employee that she has now as a part time person next year. There was discussion over possible not keeping the Register of Deeds office open 5 days a week.

At 11:51, Harold made a motion to adjourn and Lynne seconded.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Lynne Oharah, Commissioner

(ss) Harold Coleman, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

11/1/2016, Approved Date

October 25, 2016 Tuesday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners and the County Clerk present.

Tammy Helm with the Fort Scott Tribune, Chris Bosley with Ward Kraft, Nick Ruhl and Jeff Fischer were also present.

Jim Harris was asked to get a traffic count on Eagle Road; he said on October 19^th, the traffic count for 24 hours was as follows: 69 Highway to 230^th = 261, 230^th East to 250^th = 223, FF Highway E 100^th 300 feet into Missouri = 197. Jim said on this day there were 4 grain trucks on the road.

Jim Harris said he visited with the Crum Residents in Gunn Park Addition; apparently years ago the road was overlaid and the area was left in a condition that made it hard to mow (it was agreed years ago to fix this road, but, it hasn’t been fixed), Jim and the Commissioners agreed that the County should put in 4 culverts and cover them with dirt.

Harold reported that the Beth low water crossing is rough.

Barbara reported that 3 places at the O’Neal property on Jayhawk Road has portions of road that is approximately 5” higher than the ditch, which is causing water to pool; the Commissioners asked Jim to clear out the high spots next to the road.

Barbara made a motion to go into a 10 minute executive session for non-elected personnel to protect their privacy, Harold seconded and all approved, (the session included the Commissioners, Kendell Mason, Jim Harris and Justin Meeks), no action was taken.

Barbara made a motion that the County join NACO in 2017, Harold seconded and all approved.

KWORCC recently toured the County property and reported 3 violations that needed repaired, Jim Harris reported that the items were corrected, Lynne made a motion to date and sign off on the corrections, Harold seconded and all approved.

Barbara made a motion to go into a 10 minute executive session for attorney client privilege with possible litigation, Lynne seconded and all approved (the session included the Commissioners and Justin Meeks). No action was taken.

The Commissioners discussed the expected increase in health insurance premiums due to Obama Care; Justin Meeks felt that the hiring freeze the County recently put into place was necessary due to the expected increase in the insurance rates.

Bill Martin met with the Commissioners; he presented a copy of a newspaper article from the Fort Scott Tribune dated October 22, 2016. He requested executive sessions to discuss the items in the article. Barbara made a motion to go into a 15 minute executive session for non-elected personnel to protect their privacy, Lynne seconded and all approved, (the session included the Commissioners, Kendell Mason, Bill Martin and Justin Meeks). No action was taken. Barbara made a motion to go into a 15 minute executive session for attorney client privilege with possible litigation, Harold seconded and all approved, (the session included the Commissioners, Bill Martin, Kendell Mason and Justin Meeks). No action was taken.

The Commissioners said that the jail contractors wanted to have a link off of the County website to show the progress on the new jail; Shane Walker reported that a link had been created off of the Bourbon County website; he will give the contractors access to post on the website.

The canvass date for the November 8, 2016 election is scheduled for November 14^th @ 10:00 am, all of the Commissioners will be present for the canvass.

Jeff Fischer said he had spoken with James Womelsdorf regarding a possible quarry lease with the County; Lynne said he had spoken with a brother to James and said the brother was not interested in a quarry lease.

Rhonda Dunn reported that there will be a watch party on Election night in District Court.

At 11:51 am, Barbara made a motion to adjourn and Harold seconded.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Lynne Oharah, Commissioner

(ss) Harold Coleman, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

10/27/2016, Approved Date

October 20, 2016 Thursday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners and the County Clerk present.

Nick Ruhl and Jeff Fischer were also present.

Jim Harris presented a final agreement to move forward with KDOT regarding the Maple Road project. The Commissioners plan to have Justin Meeks review the documents. Jim Harris reported that the County did not purchase a rubber tire roller on Purple Wave (the roller sold for more than the County wanted to spend).

Lynne reported that Goldberg Group Architects and Universal Construction want to put a link on the County website to show the progress on the jail; the Commissioners are going to work with Shane Walker to get this process started.

Jeff Fischer said that Don Doherty wants to work with the County regarding the County Health Insurance.

Barbara made a motion to cancel the Commission meeting on November 8^th, (due to the Election) Lynne seconded and all were in favor.

Harold made a motion to allow Barbara to sign the agreement with KDOT regarding installing a BNSF controlled railroad crossing 1 mile Southwest of Fulton; Lynne seconded and all approved. Harold said he felt that this was needed due to it being a dangerous crossing.

Lynne made a motion to go into a 5 minute executive session for attorney client privilege with possible litigation, Harold seconded and all approved (the session included the Commissioners, Justin Meeks and Kendell Mason). No action was taken.

Justin Meeks discussed KSA 79-501 and the Office of the Attorney General’s opinion (No.82-7). Justin said the Statute would allow Appraiser or the staff the right to go onto a property to view it; he said the Appraiser could request access to a property and the landowner could object, he said the request would then go through the District Court. There was discussion over a fenced yard; Justin said the Appraiser could attempt to get consent, but if no answer or if the owner wont allow, the Appraiser could go through District Court or the employee could go into a fenced yard.

Justin presented a conditional use permit regarding the location of the new jail. Property owners within 200 feet of the jail could object to the Conditional Use Permit. This issue will go before the City of For Scott on October 31^st @ 4:00 pm, Lynne plans to attend the meeting.

Lynne left the Commission meeting.

Barbara made a motion to pay for Justin Meeks expenses (out of the General fund) to attend a County Counselor meeting in Overland Park, Harold seconded.

At 11:49 am, Harold made a motion to adjourn and Barbara seconded.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Lynne Oharah, Commissioner

(ss) Harold Coleman, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

10/25/2016, Approved Date

October 18, 2016 Tuesday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners and the County Clerk present.

Tammy Helm with the Fort Scott Tribune, Chris Bosley with Ward Kraft, Nick Ruhl and Jeff Fischer were also present.

Harold reported to Jim Harris that Earl Wier a resident near the West Liberty Church, reported a culvert that needed replaced.

Barbara made a motion to go into a 20 minute executive session for non-elected personnel to protect their privacy, Harold seconded and all approved (the session included the Commissioners, Justin Meeks and Jim Harris). No action was taken.

Rhonda Dunn reported that the County had received the 4^th payment for highway tax (money from gas tax and vehicle registration fees); she said the County received $138,000 which was $15,000 more than the County received in 2015. She said this is $7,400 ahead of what was budgeted to receive for highway tax.

The Commissioners called Holly Powers with SKW regarding the application permit allowing a contractor to install the culvert entrances. Holly recommended and the Commissioners agreed to require contractors to be insured and carry a performance bond equal to the installation cost during the construction period. Holly plans to make the revisions to the application permit and provide copies to the Commissioners; once the Commissioners receive the revised copies they will adopt a resolution to start using the permit.

Jim Harris presented the bridge inspection report from Schwaab Eaton; Jim said they plan to review the bridges that need attention; he said he will report to the Commissioners what will be needed to fix the bridges. Jim said there are two bridges in the County that are considered fracture critical. He said if something fails on either of these bridges they can not be fixed, but would have to be closed or replaced. He said the overpass bridge North on 215^th (Jim said 215^th is the busiest road in the County) and the bridge in Garland going South near Deer Road are the two fracture critical bridges. Jim said he didn’t feel either of the bridges would qualify for State aid to be replaced. Jim said that the two fracture critical bridges are required to be inspected annually.

Lynne reported that Mark Watson requested an intersection be changed to a 4 way stop at 170^th & Cavalry, (Lynne said Mr. Watson was concerned about the traffic in the area) or that speed limit signs be placed in the area. Jim said the intersection currently has yield signs. Jim is going to view the area and report back to the Commissioners.

Jim Harris reported that the Commissioners had previously approved to spend up to $6,000 on a rubber tire roller on Purple Wave; Jim said they are selling for more than $6,000; the Commissioners approved bidding up to $10,000 on the roller.

Rhonda Dunn reported that she has been working on the Heritage Trust Fund grant regarding the East porch of the Courthouse. She said the grant requires an engineering report; she said there is one company from Kansas City that will provide this report for $1,000. The Commissioners said that previously Frank Halsey reported a company to the Commissioners that would do an engineering report, (Rhonda said that she will inquire to see what company that is). Rhonda asked if the Commissioners would approve spending up to $1,000 to have the report done, the Commissioners said they would discuss this on October 20^th.

Rhonda Dunn reported that she is on a committee for a Pathways grant; she said this grant is designed to create a healthier Bourbon County. She discussed public property being smoke free; and said the Courthouse could have a designated smoking area; she said Pathways could provide a policy regarding smoking.

Rhonda Dunn reported that her office has turned in the background checks for her office to start completing driver’s license renewals. She said once the background checks are done they will start training to do the renewals. Rhonda said the County will charge a facility fee to do the renewals.

Barbara made a motion for the County to sign a proposed financial agreement for the issuance of the Series 2016 Lease Purchase certificates of the participation for the financing of the equipment for the County jail, Lynne seconded and all agreed. Barbara signed the document.

Barbara made a motion that the County sign an authorization of official statement, Harold seconded and all approved. Barbara signed the document.

Lynne will be attending a meeting (on October 18^th) at the City of Fort Scott regarding City-wide trash service.

At 11:45 am, Barbara made a motion to adjourn and Harold seconded.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Lynne Oharah, Commissioner

(ss) Harold Coleman, Commissioner

ATTEST:

(ss) Kendell Mason, Bourbon County Clerk

10/20/2016, Approved Date

October 13, 2016 Thursday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners and the County Clerk present.

Tammy Helm with the Fort Scott Tribune and Thalia Ortega with Ward Kraft and Jeff Fischer were also present.

Also present for the start of the meeting were Attorney Michael Kuckelman and Attorney Michael Crabb with KTKL, Lawyer Bill Townsley, Don Hutchinson, Mike Feagins, Denis Downing, Justin Meeks, Bobby Reed, Ben Cole and Bill Martin.

Barbara made a motion to go into a 7 minute executive session for attorney client privilege, Harold seconded and all approved (the session included the Commissioners and Justin Meeks). No action was taken.

This topic was discussed on October 11^th, 2016 and placed on hold until October 13^th, 2016. Michael Kuckelman said he had concerns about the Bourbon County Sheriff and his inability to get to meet him regarding a public safety issue; (he said he called Bill Martin in March 2016 regarding issues he had with the Bourbon County Sheriff’s department and that Bill yelled at him and hung up on him, he said he had bent over backwards to protect the privacy of the individuals) he said he had 3 main concerns… 1. He said Bill had a convicted felon/registered sex offender that participated in a ride along with a Sheriff’s deputy (he said he tried to talk to Bill Martin about this on the phone and he yelled at him and hung up the phone on him). 2. he felt this had been covered up, he said he had waited 7 months to share the information with Bill Martin about someone in his department with a checkered past, he felt there had been steps taken to suppress the information and he refused to meet with him for 7 months. 3. He questioned the integrity of the criminal justice in Bourbon County. Bill Townsley said he was a lawyer involved in a Federal lawsuit representing one of the individuals in question. Barbara suggested that since Tuesdays commission meeting became somewhat heated that everyone be courteous and if someone wasn’t they would be asked to leave the commission meeting. Michael Kuckelman said he understood that the Commissioners had limited power regarding an elected official. Barbara made a motion to go into a 30 minute executive session for non-elected personnel to protect their privacy, Harold seconded and all approved, (the session included the Commissioners, Justin Meeks, Bill Townsley, Bill Martin, Ben Cole, Michael Kuckelman and Michael Crabb). No action was taken. Barbara made a motion to go into a 15 minute executive session for non-elected personnel to protect their privacy, Harold seconded and all approved, (the session included the Commissioners, Justin Meeks, Bill Townsley, Bill Martin, Ben Cole, Michael Kuckelman and Michael Crabb). No action was taken. This subject matter was discussed again later on in the meeting.

Barbara made a motion to go into a 5 minute executive session for non-elected personnel to protect their privacy, Harold seconded and all approved, (the session included the Commissioners, Justin Meeks, Kendell Mason and Lora Holdridge). No action was taken. Lora Holdridge said she had a vacancy in her office due to a conflict of policy; she said she understood that there was a hiring freeze for Bourbon County; she said she couldn’t run her office on only 2 employees and said she wanted to take her time to hire, she asked for permission to find a temporary employee to fill in until January, she also asked for permission to advertise to fill the vacancy now for a full time position with a start date of January 2017. Lynne asked that the Commission be able to wait until October 18^th to decide on the full time position. Lora said she felt her office was a one stop shop; she said she has access to the Appraiser & Treasurers software and said she could help a person in only one stop verses going to 3 or 4 different offices. The Commissioners agreed to allow her to hire a temporary person.

Michael Kuckelman revisited the March 2016 phone call he had with Bill Martin; he said he called because he felt he had information to share. He discussed the public safety and law enforcement. He said that Bill Martin said that the timing of this information is suspect (due to the election); Michael said that Bill should have responded within the 7 months of the first conversation. He said that no convicted felon should be out on patrol with a deputy in a patrol car. He said that the person involved in the ride along was a registered sex offender in another state; he said regardless of what state they should not be in a front seat of a patrol car. He said the ride along program can be structured to be made safe. He said the incumbent; due to the integrity of the law enforcement should investigate his employees to see if they are fit to do a job. Mr. Kuckelman discussed a pending 1983 civil case that involved a current employee at a different jurisdiction (he said the case doesn’t involve Bourbon County). He said if the Sheriff had listened to him in March then he would have had the ability to do his own investigation. Bill Martin said he wanted to be transparent regarding the ride along situation; he said the photo was taken from a Bourbon County Sheriff vehicle. He said Mr. Kuckelman did call him in March of 2016, but wanted to talk to Bill about a pending lawsuit, Bill said yes he did raise his voice, but felt that Mr. Kuckelman was beating a dead horse so he hung up on him. He said he did investigate his employee in question, but said nothing negative came about until the lawsuit. Bill said the ride along person that took the photo was a registered sex offender in the State of Florida, he said it resulted from a charge 20 years ago where a 20 year old was involved with a 16 year old female; he said since that time the person has gotten married and has 3 children and owns his own company. He said a deputy developed a friendship with this person and said the person’s background never came up. Bill asked if we were at a point in society that when meeting someone we need to ask their background before becoming friends. Bill said 2 years ago he personally attended a special occasion of friends of his; he said after that the couple was involved in a criminal investigation; he said he ran a Triple I background check and was shocked at the results of the investigation. Bill said he uses a form for ride along people, but said he was going to make changes to the form and ask on the form if the individual has ever been convicted of a crime. Bill said a ride along person hears the same information as someone that listens to a police scanner; he said a ride along person does not have access to classified documents. Bill said he could only run a background check on someone for employment or for a criminal investigation. Bill said that no one will be riding along in a Sheriff’s vehicle with any criminal activity. Mr. Kuckelman said he was glad the form for the ride along program would be revised but said the ride along person in question was convicted in 2000 and was 26 years old at the time and was charged with indecent liberties with a 16 year old; he said this person should not of been allowed in a patrol car and said he shouldn’t have had to meet with the Commissioners to meet with the Sheriff. Bill Martin agreed that no registered sex offender should be in the patrol car as a ride along, but said they have to have knowledge of the person’s background. He said this was brought to the attention of the deputy that allowed this in July of 2016. The Commissioners thanked Mr. Kuckelman for bringing this issue to their attention.

Mike Feagins said he was at the meeting to question the progress of the new jail; the Commissioners explained that they were moving forward with the bond for the equipment. Bill Martin said that letters had been sent to owners of property near the jail to see if there was any protest to the location of the jail.

Darren Petrowsky with KDOT met with the Commissioners; he said that the road being made for the Laroche Ballpark would be a County road and said he needed a name and a 911 address for the road; Kendell suggested he see the Appraisers and the GIS office for a 911 address.

At 11:54, Barbara made a motion to adjourn and Harold seconded.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Lynne Oharah, Commissioner

(ss) Harold Coleman, Commissioner

ATTEST:

(ss) Kendell Mason, Bourbon County Clerk

10/18/2016, Approved Date

October 11, 2016 Tuesday 9:00 am

The Bourbon County Commission met in open session with Commissioners Oharah and Coleman and the County Clerk present.

Also present were Thalia Ortega with Ward Kraft and Jeff Fischer.

Jim Harris said that Lyle Key requested that the speed limit at Indian Road and 20^th near Bourbon Allen Lake be posted at 20 mph. Harold made a motion to post the speed limit at 20 mph at 20^th & Indian going west through the residential area, Harold seconded and all approved.

Lynne said that the ditches around his house haven’t been mowed, he said when it snows there will be snow drifts 3 feet deep due to the weeds; Lynne said the County had an opportunity to bid on tractors from Purple Wave and suggested they do so. Lynne made a motion to allow Jim to bid up to $25,000 on one tractor and $28,000 on another tractor, Harold seconded and the motion passed.

Jeff Fischer suggested that the County get a traffic count on Garland Road, due to the amount of farmers that use the road; Jim said he would get a traffic count.

Barbara arrived at the Commission meeting.

Attorney Michael J. Kuckelman met with the Commissioners; also present were Fox News Channel, Mike Feagins, Bill Martin, Ben Cole and Rhonda Dunn. Mr. Kuckelman said he wanted to bring to the Commissioners attention of a public safety issue in Bourbon County. He said he called Bill Martin on March 25^th with concerns of issues in the Sheriff’s office, he said that Bill Martin yelled at him and refused to have a meeting with him and then hung up on Mr. Kuckelman. Mr. Kuckelman said he had waited 7 months to meet with Bill Martin personally, but since he refused to meet with him personally he felt he had to do this publicly. Mr. Kuckelman presented a photo taken (at 1^st & National going North in Fort Scott) from a ride along person in a Sheriff’s vehicle. The photo came from a Face book post (August 8, 2015) of the person that took the photo who said it was time to have some fun… Mr. Kuckelman said this photo was taken by a convicted felon who is a registered sex offender. Mr. Kuckelman said this person has been allowed to go out in the vehicle and to hear all of the radio traffic, participate in traffic stops and know where people live after going to the calls. Another issue Mr. Kuckelman brought up was in regards to an employee in the Bourbon County Sheriff’s department; he said a District Judge in another County said this person has a reputation for dishonesty; Mr. Kuckelman said he felt that Bill Martin was protecting him and said a complaint had been filed to protect the deputy. Mr. Kuckelman said a Sergeant in a different County stated under oath that the employee (who previously worked in that County) is not trustworthy, the Sheriff there said he would not be eligible for rehire, and a training officer there said he wasn’t comfortable with nor did they trust the former employee; Mr. Kuckelman said there is still pending litigation in this employees former County, but the investigation has ended since he left that County. Barbara suggested that the conversation stop until Justin Meeks was available. Bill Martin said he felt this was a serious situation, he said ride along candidates have to fill out a waiver, and have a background check ran and said if this person was a registered sex offender, they would know. Bill said if a ride along took place without the knowledge of the administration, he would address that with the deputy that allowed it. Mr. Kuckelman said that Bill Martin shouted and refused to discuss these issues with him on the phone, Bill Martin said that Mr. Kuckelman started the argument. Justin Meeks was placed on speaker phone and the situation was explained to him; Justin suggested that since the issue wasn’t on the agenda, he suggested that this issue be placed on the agenda so that the Commissioners and he could be prepared for the meeting. Justin requested that Mr. Kuckelman provide him with the testimony of the former employees of the employee in question. Mr. Kuckelman ended by saying he had never dealt with the Bourbon County Sheriff, but said he was shocked by Mr. Martins response and said he wanted to handle the issue discretely, and felt that Mr. Martin was trying to cover up the issue, Bill said that there was no cover up. The Commissioners will meet with Mr. Kuckelman on October 13^th at 9:00 am.

Tammy Helm with the Fort Scott Tribune arrived at the meeting.

Frank Crystal met with the Commissioners regarding a tree over a bridge 1 mile North of Devon, and water that is running over a road instead of a culvert.

The Commissioners had a conference call with Greg Vahrenberg with Piper Jaffray & Co as well as Jim Tchou with Standard & Poor’s. The purpose of the call was to give the information needed to do a rating regarding the lease purchase for the equipment/pre fabricated cells for the jail. Greg Vahrenberg said it’s expected that the sales tax collection from the jail sales tax should create $200,000 in excess tax collection. Jim Tchou questioned after the certificate in participation is sold, does the County expect to do any other bonds. Rhonda Dunn said no. The Commissioners said they signed a guaranteed maximum price construction contract of $6.25 million and didn’t expect the construction of the jail to require more funding. The Commissioners sad that the County did get a bond for just under $300,000 for the construction of the Landfill building. Jim asked if there was expected to be any impact regarding sales tax collection; there was discussion over the Peerless expansion, Lowell Milken Center, Four State Sanitation, the school building/expansion, Fort Scott Ammunition, The Laroche Ballpark, the new hotel, Mercy Hospital, increased employment at First Source, The Dialysis Center, the Alzheimer Care Unit, the new apartments being constructed and the highway expansion. Jim questioned if the County expected the assessed value of the property to be the same or continue to increase; Rhonda said she expected to see some growth at least for another year. They discussed the Counties fund balance and asked if there are any unexpected revenues or expenses; there was discussion over the employee benefit fund and said the needed money to cover expenses in 2015 came from consciousness spending by the department heads. There was discussion over a possible $200,000 budget surplus in 2016; Lynne said that felt that there would be some budget surplus in 2017. Rhonda Dunn plans to provide the company with reports that they requested.

Barbara made a motion to go into a 5 minute executive session for non-elected personnel to protect their privacy, Lynne seconded and all approved (the session included the Commissioners, Kendell Mason and Lora Holdridge). No action was taken.

At 12:32, Barbara made a motion to adjourn, Lynne seconded and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Lynne Oharah, Commissioner

(ss) Harold Coleman, Commissioner

ATTEST:

(ss)Kendell Mason, Bourbon County Clerk

10/15/2016, Approved Date

October 6, 2016 Thursday 9:00 am

The Bourbon County Commission met in open session with Harold, Barbara and Kendell present.

Nick Ruhl and Jeff Fischer were also present.

Larry Paddock and Fred Savage with the City of Fulton met with the Commissioners. They thanked the Commissioners and the Road & Bridge department for the jobs done on the city streets; they said the County did an excellent job. They wanted to present a payment to the County for a job well done. They said the City had been saving for years for the streets to be paved (Wells Fargo donated a house to the City of Fulton which was sold and the money from that as well as budgeted money went towards the street money). They said that it had been 10 years since the roads were paved. In April, Mr. Savage requested help from the County to chip and seal over 2 miles; at that time Jim said it would cost the City $13,000/mile to chip and seal, however, the City only had $18,500 total. The County agreed to do all of their streets for the $18,500. They said the County bladed, swept and patched the bad spots before chip and sealing and they said this work was beyond what they expected. They County billed the City $16,075 for the cost of the oil only; they presented a payment to the County for $18,500. Mr. Savage said the County did a professional job. Jim Harris said the crew did an excellent job.

Jim Harris discussed Phoenix Coal Company and the release of their bonds; he said that KDHE reported that the roads in that area were not part of the permitting process and that the State has no jurisdiction over the roads there. Jim said the release of the bonds is a 5 year project. Jim said the South end of the 260^th road is the Counties responsibility and the North end is Phoenix Coal Companies responsibility to repair. Jim plans to meet Phoenix Coal Company on site in a few weeks to review the work that needs to be done.

Jim Harris presented estimates for the cost of seasonal mowers; he estimated 4 seasonal mowers to cost approximately $30,000 annually verses paying a full time grader operator to mow when not grading (which would cost fuel plus the cost of mowers). Jim said the State is selling tractors on Purple Wave, he said they have between 2600-3200 hours each and estimates they will sell for $25,000 each. Jeff Fischer said he had met with R&R Equipment and said they had a tractor for sell for $32,000 (with 3500 hours and a rebuilt transmission). Jeff said he felt the County could get just as good of a deal shopping locally and possibly getting a warranty on the tractor. The Commissioners decided to wait on purchasing the tractors.

Lynne Oharah called the Commission meeting.

Jim said that there are 2 1996 Bomag Rollers on Purple Wave (from KDOT); he said when the County does chip and seal they have to rent a 2^nd roller, he said in 2016 they spent $4,400 to rent the roller. Jim estimated that the rollers could sell for less than the $4,400 that was spent on rent. Lynne said there is money in the Special Equipment fund and suggested the County purchase them to save money, Harold agreed. Harold made a motion to allow Jim to bid up to $6,000 on one of the Bomag rollers, Barbara seconded and all were in favor.

Jeff Fischer said he had called the Federal Fund Exchange Program; Jeff said the County had not applied for reimbursement from this program and said the County has $119,000 available; (Barbara told Jeff to work with Jim Harris regarding the Federal Fund Exchange Program), Jim Harris said the County had applied for $50,000 for reimbursement for blasting and said they will apply for reimbursement for $30,000-$40,000 in signs and said the money will be all requested by the end of the year.

Barbara received an invitation from Lead Bourbon County for a program on October 13^th (to recognize the participants) at the Liberty Theater; she said Rhonda Dunn is one of the graduates from the program.

Holly Powers with Shafer, Klein and Warren met with the Commissioners, Jim Harris and Justin Meeks regarding the permitting process in Bourbon County. The Commissioners want to allow private contractors to install culvert entrances, but not the property owners (Holly advised not allowing the home owners to intall, she said if they are working on the County right of way and are not properly insured it could cause problems). Holly said the County could allow this two ways; by implementing a licensing procedure which would include a business license, insurance and bonding or do it through a permitting process which would require the contractor to be insured and possibly bonded (a contractor would have to pay remediation if a job is not done correctly). Currently the installation process is that the homeowner would fill out a permit, the County would review the site with the homeowner and call Dig Safe, the requestor pays for the culvert. It was decided that the County will still install new culverts if requested or a contractor can do the job (and fill out a permit through the County) and purchase their own materials (not purchasing through the County). Holly will make the changes to the process and provide the changes to Justin Meeks for approval and then to the Commissioners and Jim Harris). Holly presented an on call service agreement contract between the County and Shafer, Klein and Warren; Barbara made a motion to extend the on call service contract which will expire on May 10^th, 2017, Harold seconded, motion passed.

There was discussion over the high risk Maple Road project; Holly said the County still needs to do 2 more steps before the bid letting process will begin; Jim said he is working on getting the steps completed.

Harold made a motion to go into a 10 minute executive session for non-elected personnel to protect their privacy, Barbara seconded and all approved (the session included the Commissioners, Justin Meeks, Jim Harris and Kendell Mason). No action was taken.

Barbara made a motion to go into a 5 minute executive session regarding Courthouse security, Harold seconded and all approved (the session included the Commissioners and Justin Meeks), no action was taken.

The Commissioners discussed the bids that they recently took on two Couch Street properties that the County owns; two people bid on the properties, but both bidders were much lower than the fair market value on the properties. Barbara made a motion to reject both bids based on fair market value, Harold seconded and all were in favor. Barbara made a motion to have Justin list lots 2,4,6,8,10 & 12 block 20, Couch’s addition and lots 5,7,9, and 11 block 3 Couch’s addition with a real estate agent, Harold seconded and all approved.

Barbara made a motion to have a tax sale on November 1^st a 10:00 am at the Courthouse, Harold seconded and all approved.

Apex representatives Jade Sheeley and Patrick Brown met with the Commissioners; Apex is a wind farm development company from Charlottesville, Virginia. They said they have a lot of projects Oklahoma, Texas in Illinois and are branching out to other states. They are focusing on Southeast Kansas as a possible site for wind farms and are looking in the Southwest part of Bourbon County. They said they want to educate people as much as possible about their company and wind farms. They are in the leasing stage and once that is complete they will put up Met towers (to measure the wind). They said that in Western Kansas (West of the Flint hills), is know for winds, but they are not near heavily populated areas, unlike Eastern Kansas which they say is closer to populated areas. Apex does a community lease, which is a rate based on property instead of towers; a percentage of money generated will be distributed to landowners. Apex holds landowner and community meetings to help inform the public. Mrs. Sheeley said that the wind farms are exempt from taxes for 10 years; but they participate in a P.I.L.O.T. program and 1-$2,000 per megawatt is paid out annually. They said the average height of a tower is 450 feet or maybe slightly higher if necessary. They said that wind energy does not create any hazardous waste and only uses wind. They said their goal for developing a wind farm will be 100-150 towers (each tower should generate 2-3.4 megawatts per tower). They said that one megawatt will power 300 homes per day.

At 12:00, Barbara made a motion to adjourn, Harold seconded, meeting adjourned.

THE BOARD OF COMMISSIONIONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Lynne Oharah, Commissioner

(ss) Harold Coleman, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

10/11/2016, Approved Date

October 4, 2016 Tuesday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners and the County Clerk present.

Tammy Helm with the Fort Scott Tribune, Chris Bosely with Ward Kraft, Nick Ruhl, and Jeff Fischer were also present.

Jim Harris requested to sell items on Purple Wave in order to attempt to have money to purchase tractors on Purple Wave being sold by KDOT. Barbara made a motion to place on Purple Wave a 1969 International Tractor, 4 snow plows (they no longer fit equipment the County owns), a 1992 East Walking Floor Trailer (that doesn’t work), a 1997 New Holland Tractor (transmission went out and it will cost $7,200 to repair), a 2004 Chevy Truck with 300,000 miles that the engine is out, and a 3710 Bush Hog, Harold seconded and all were in favor.

Jim discussed the 4 Ford New Holland tractors that KDOT is selling on Purple Wave; Jim would like to purchase these to be used for mowing. He estimated the 4 to sell for approximately $90,000. Jim said the County would not need seasonal mowers if they purchased these and estimated the seasonal mowing cost to be $15,000 per season. Jim said the 7 motor graders could be mowing when not grading the roads. Barbara questioned what the savings would be when comparing the seasonal employee cost verses the equipment cost. Barbara questioned if the grader operators could share tractors instead of trying to purchase all 4 tractors. Jim will present on October 6^th more detailed information regarding what he estimates the total cost of the seasonal employees to cost the County.

Harold reported to Jim that someone had dumped trash on the West of 235^th North of Tomahawk.

Leon Hester met with the Commissioners; he said that the former Trail Blazer restaurant should be re-opened within a few weeks.

Leon Hester said he closed his recycling business; he said the City of Fort Scott and Four State Sanitation placed a sign across from his recycling business announcing that recycling was coming soon. He said they took the access away from his property. He thanked the County for their support with recycling. The County had loaned Leon a bailer (a vertical bailer that bails cardboard and plastic), he asked the Commissioners what they wanted to do with the bailer. There was discussion over where the bailer could be stored, but the Commissioners did not make a decision regarding the bailer.

Greg Vahrenberg with Piper Jaffray & Company met with the Commissioners regarding the lease purchase financing for the equipment for the new jail. He said that Statutes allow for the County to do lease financing through an existing stream of revenue. He said the County needs to adopt a Resolution in order for them to begin working on the lease financing documents (Greg said the Resolution is not a binding document, but only allows them to begin working on the lease documents). He said the $1.7 million lease purchase for equipment will be paid for over a 20 year period (and will be paid for with excess sales tax collection money). The voters approved a .40% sales tax to cover the cost of the jail, equipment and improvements. The sales tax will generate enough to cover the bond payment, 200,000 (repurposing) for budgetary purposes and should generate an excess of $125,000. Barbara stated that the public felt that the total cost of the jail would be $6.85 million; she said the cost of the equipment was not able to be included in the $6.85 million. Rhonda Dunn stated that overall it is not costing the taxpayers more that the .40% approved. Rhonda said she had prepared a spreadsheet regarding sales tax revenue (she said she was conservative in the numbers). She said the conservative numbers cover the necessary expenses. The sales tax money will be spent as follows: $6.25 million for the construction, $1.77 million for the cells, $480,000 for engineering and $150,000 to cover the cost of the other expenses (furniture). Greg said the total yearly cost for the principal and interest payment (interest rate of approximately 3.04%) will range between $120,000 – $124,000. Barbara made a motion to adopt Resolution 22-16, a resolution of the governing body of Bourbon County, Kansas determining the advisability of financing the acquisition and installation of certain equipment by the execution and delivery of an equipment lease purchase agreement; and authorizing the offering for sale of lease purchase agreement certificates of participation, series 2016, Lynne seconded and all approved (the Commissioners and Kendell signed the Resolution).

Rhonda Dunn said she has been working on the Heritage Trust Fund Grant regarding the front entrance, she said the application is due by November 1^st.

Rhonda Dunn reported that her office had received approval from the State of Kansas to start processing driver’s license renewals. She said that the County can charge a processing convenience fee for the renewals.

Rhonda Dunn presented to the Commissioners a Revenue/Expense with cash report; she said the total ending cash balance is $2,070,767. Rhonda said that the landfill construction fund now has $0 left.

Rhonda Dunn suggested to the Commissioners that due to Courthouse security the Commissioners unlock the South door entrance; Barbara said they have discussed doing this after January 1^st.

Justin Meeks reported to the Commissioners that the County had received a bid from KCAMP to do an employee handbook for Bourbon County; he said the bid estimate is $4,500-$6,000. Justin said he will continue to work on the employee handbook to save the County money. He estimated to have a new handbook done by the end of 2016.

Barbara made a motion to go into a 15 minute executive session for non-elected personnel to protect their privacy, Harold seconded and all were in favor (the session included the Commissioners and Justin Meeks). No action was taken.

Barbara made a motion to go into a 15 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Harold seconded and all were in favor (the session included the Commissioners and Justin Meeks). No action was taken.

At 11:48, Barbara made a motion to adjourn, Lynne seconded and all were in favor.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Lynne Oharah, Commissioner

(ss) Harold Coleman, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

10/11/2016, Approved Date

September 2016

September 29, 2016 Thursday 9:00 am

The Bourbon County Commission met in open session with Barbara, Harold and Kendell present.

Jeff Fischer and Nick Ruhl were also present.

Nick Ruhl discussed the sale of the two Couch Street properties; the Commissioners accepted bids on two pieces of property on September 6, 2016, both bids came in under the fair market value and the Commissioners tabled the bids until further investigation could be done on the properties. The Commissioners will discuss the Couch Street properties on October 6^th, 2016.

Barbara discussed the permitting process regarding the installation of culverts in the County. Shafer, Klein and Warren developed a book for the County to use regarding regulating and the permitting process. Currently the County installs the culverts in the County, but the Commissioners are working on possibly changing the permitting policy to allow contractors to do the installation under the supervision of the County. Harold said he felt that the County could install a culvert cheaper than a private contractor; but said a contractor may be able to install a culvert quicker than the County would be able to. Shafer, Klein and Warren will meet with the Commissioners on October 6, 2016 at 9:00 am to discuss the permitting process and to discuss the High Risk Road. Jim Harris arrived at the meeting to discuss the installation process; he said if the County would allow contractors to install a culvert the County would meet the contractor before the installation, he said if they didn’t purchase a culvert through the County they would have to purchase a culvert that meets the County standards, sign an initial contract and then after it was installed the County would have to inspect the work and approve it. Jeff Fischer said that Bill Bogge had the County install a culvert; he said the County reshaped the ditch and Mr. Bogge rolled his tractor while mowing the ditch. Jim Harris said that most of the County right-of-ways do not allow for the required slope. Jim said if a culvert is installed then they have to clean out a ditch in order for the water to move. Jim said that the current policy states that the landowner has to provide where they want the center line on the culvert. Jeff questioned why the County would do a job two times; Jim questioned what he was referring to; Jeff said the County installed a culvert at 260^th between Randall Readinger and Jeff Fischer’s house. Jeff said the County installed the culvert and the rain washed out the rock; Jim said they install fresh rock on a culvert install and said that a heavy rain will wash out the rock, Jim said they put more rock down and said he didn’t feel that putting more rock down meant they did the job twice, nor did it mean that they installed the culvert wrong.

Barbara made a motion to move $22,401 from the Landfill fund (108) to the Landfill project construction fund, Harold seconded and all approved. Jim will work with the Treasurers office to get the money moved.

Jim Harris reported that the County cleaned the restrooms at Cedar Creek Lake. Jim reported that the County receives approximately $12,000 from CFAP for work done and for fish food at Elm Creek and Cedar Creek yearly.

At 11:00, Barbara made a motion to adjourn and Harold seconded.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss)Barbara Albright, Chairperson (ss) Lynne Oharah, Commissioner

(ss) Harold Coleman, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

10/11/2016, Approved Date

September 27, 2016 Tuesday 9:00 am

The Bourbon County Commission met in open session with Barbara, Harold and Kendell present.

Tammy Helm with the Fort Scott Tribune Chris Bosely with Ward Kraft, Nick Ruhl and Jeff Fischer were also present.

Joe Dawson met with the Commissioners and Jim Harris; he questioned what could be done with the dust on 190^th (Lake Road that was milled and has been temporarily graveled). Jim and the Commissioners agreed to drag the road and put MC30 down (Jim said they will do one lane and a few days later do the other lane). Joe also questioned the trees that the County trimmed on 190^th, he said the limbs were in the ditch and now there is water standing there; Jim said the County will be picking up the limbs.

Jim said they have been working on Yale Road as well as cleaning and servicing the asphalt equipment, hauling gravel, mowing and installing culverts.

Barbara said there is a new church on Jayhawk Road; she asked Jim to look at the ditch there to see if a culvert is needed (due to people walking across a ditch to get to church). Jim said he would view this; the Commissioners said if a culvert is needed the church can purchase the culvert and the County will provide the rock and labor to install the culvert.

Jim viewed 170^th & Birch Road; he recommended 160^th & Birch be made into a 4 way stop, and reduce the speed to 35 mph. Barbara made a motion to change the intersection at 160^th & Birch to a 4 way stop and to post the speed limit at 35 mph between 39 and 170^th, Harold seconded and the motion passed.

Barbara questioned the progress on the high risk road (Maple Road); Jim said KDOT asked that easements be finished there, Jim said once they are finished he is going to ask Shafer, Klein and Warren to expedite the project.

Jim said the road in front of VMC may need to be concrete instead of asphalt (he said he wasn’t sure if the asphalt would hold up to the increased traffic there once the entrance off of 69 highway is built).

The Commissioners discussed the closed road near Phoenix Coal Company; Jim said Phoenix Coal Company should have a bond on file and felt that the Commissioners would need to approve the bond release.

Jim reported that he has been working with Will Wallis regarding the road damage (from the heavy rain) in the Porterville area.

Jim said $22,401 needed to be transferred from the Landfill fund to the Landfill Construction fund; Jim was asked to clarify that this hadn’t already been done by the Treasurers office.

The Commissioners reported to Jim that James Malveaux reported a tree struck by lightning near his house; Jim said they removed a tree near there already, but apparently it was not the tree Mr. Malveaux reported; Jim said he would contact Mr. Malveaux.

Barbara asked Jim to view the left side of a cul-de-sac in the Gunn Park Addition.

Jim said there were tractors that will be for sale on Purple Wave; he discussed the motor graders mowing when they weren’t operating a motor grader.

Jeff Fischer brought up spraying some weeds in the County verses mowing them.

Lynne Oharah called in on the conference phone.

There may be more than one Commissioner attending a Young Professionals meeting at the Empress Event Center on October 4^th at 6:00 pm; no County business decisions would be made.

Jeff Fischer reported that Mike Rogers questioned a site work bid contract he turned in for the law enforcement center; he said he hasn’t heard back from Universal Construction on his bid. Jeff said Mike felt that Universal has been unresponsive when getting plans to the contractors; Lynne said he would contact Universal about this.

Barbara made a motion to go into a 15 minute executive session for attorney client privilege with possible litigation, Harold seconded (the session included the Commissioners, Lynne by phone, Kendell and Justin Meeks). No action was taken.

Mitch Welch met with the Commissioners regarding the cost to build the new jail. He said the voters voted on a $6.85 million project. He said he read in the newspaper recently that now the jail was going to cost a total of approximately $8.6 – $8.8 million. He questioned what the actual cost of the jail would be. The Commissioners explained that it should cost $6.25 plus the $1.7 million additional to cover equipment (cells). Justin explained that the County can do a lease purchase to cover the additional costs and said the bonds that were passed allow up to $12 million of expenses (which was voted on by the voters). Justin said he felt that the Sheriff’s goal is to pay the lease purchase off as soon as possible. Mitch said he and everyone he has talked to felt that the jail would cost a total of $6.85 million to build. Mitch said he as well as others were concerned about the almost $2 million additional expenses. Mitch said he read in the paper where the Sheriff said he wanted an area that the taxpayers could be proud of; Mitch said if crime decreased then they would need a smaller facility. Justin said the additional operational expenses were discussed during the public forums. Barbara said the biggest issue they have faced is that there have been too few workers bidding on the projects. Barbara said they were initially told that the total cost of the jail would be $6.85 million. Barbara asked if they clarified the cost to him; Mitch said they had, but it was disappointing. Mitch discussed the high taxes in Bourbon County without anything to show for the high taxes.

Barbara made a motion to go into a 30 minute executive session for attorney client privilege with possible litigation, Harold seconded and all approved (the session included the Commissioners and Justin). No action was taken.

Barbara made a motion to approve the Conditional Use Permit with the City of Fort Scott on the new jail site, Harold seconded and all approved. Barbara signed the permit and Justin delivered the documents to the City of Fort Scott.

Eric Bailey County Sanitarian and Shane Walker met with the Commissioners regarding land applied waste and the 503 guideline regulations. Eric said if a person is going to land apply they, have to follow the 503 regulations. Eric said that a person wanting to do land applying could talk with the Extension office to see where the best place to apply the waste at (based on land size and soil type. Eric said that a person land applying has to keep records for 5 years, which the County can ask for the records at any time. Eric said a person wanting to land apply has to avoid water ways and flood plains. Eric said a person wanting to have a composting toilet has access to 503 regulations through him (Eric said residents are aware of what they have to do to be in compliance). Eric said he has copies of the sanitation codes for Butler, Douglas, Seward, Neosho and Franklin County. Eric said they are trying to get everyone up to code, he said they will get it done, but it may take time. Eric said that residents wanting to land apply have to and are meeting the minimum standards of the codes. Eric said that everyone that has installed a composting toilet is in compliance.

Barbara made a motion to go into a 10 minute executive session for attorney client privilege with possible litigation, Harold seconded and all approved (the session included the Commissioners, Justin Meeks, Eric Bailey and Shane Walker). No action was taken. After the session there was discussion over the outhouse at Cedar Creek; Jim Harris said he would be in contact with the rural fire department to get the outhouse hosed out.

At 12:00, Barbara made a motion to adjourn and Harold seconded, meeting adjourned.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Harold Coleman, Commissioner

_______________________, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

09/29/2016, Approved Date

September 20, 2016 Tuesday 9:00 am

The Bourbon County Commission met in open session with Harold and Barbara present, Lynne called in by conference phone. The County Clerk was also present.

Tammy Helm with the Fort Scott Tribune, Nick Ruhl and Jeff Fischer were also present.

Joe and Barbara Piney met with the Commissioners regarding the Indian Creek Bridge; they previously talked to the Commissioners about this bridge (that was built in 1898) possibly being eligible for the National Historic Register. They said there was a lot of history attached to the bridge and felt it should be on the Register. They have been in contact with the State and said the next step to get the bridge on the Historic Register is to get permission from the County to nominate the bridge for the Register. They left documents for the Commissioners to review to consider the bridge for the Register.

Emergency Preparedness Director Will Wallis met with the Commissioners regarding the heavy rainfall the County had on September 15^th. Will said the Porterville area of Bourbon County had a large amount of rainfall which damaged some roads in the area. He said there is heavy damage on Fern Road (50^th North to Fern and going east) for approximately 1 mile. He said this road is almost impassible. He said there is some damage near 50^th & Eagle, 40^th going South, 40^th going East near Birch as well as 30^th Road going North to Eagle then South to Arrowhead and then to 60^th (approximately) on to 3 highway. Will said he has worked with the Road & Bridge department and said they will document the road damage as well as the materials required to repairs the roads. Will said that if the County has to install culverts then there needs to be flood plain development permits done as well. Will said he has worked with KDEM; KDEM said the County needs to adopt a disaster proclamation. Barbara made a motion to adopt resolution 21-16 a proclamation of a State of Local Disaster Emergency for Bourbon County, Harold seconded and the Commissioners signed the Resolution. Will said he will work with the Road & Bridge director regarding the damaged roads and the materials and time it will take to repair them.

Lynne is in the Hospital and was supposed to attend an Economic Development meeting on September 20^th; Barbara reported to Economic Development that Lynne will not be able to attend the meeting.

Harold discussed composting toilets; he said he has read the Bourbon County and the States Sanitation codes. He said the County has no way of monitoring the toilets. He said the County may be able to grandfather in the ones that have already installed the composting toilets, but suggested stopping anymore installs. Harold said that Bourbon County itself is not in compliance with the codes. He said Elm Creek has two port-a-potties. He said the County had a proposal from Sid Shadden to install holding tanks in order to be in compliance. Harold said a port-a-potty is supposed to be temporary. Harold gave the code books to Jeff Fischer and Nick Ruhl to review to codes. The Commissioners met with Sanitarian Eric Bailey regarding the composting toilets. Eric Said the County has a code that says residents can install a composting tank. Eric said that KDHE has approved the County code. Harold said that residents have to have a holding tank or septic tank. Lynne questioned how many acres are required to land applied waste; Eric said he would review this. Eric said that some residents can not afford to install the holding tanks so they are building a composting toilet. Eric said the residents monitor the composting toilets and turn into him yearly their reports. The Commissioners plan to meet with Eric again on September 27^th regarding the composting toilets.

James Malveaux met with the Commissioners; he previously reported a tree that was struck by lightning at Limestone and 165^th. He said the tree is still there, Barbara reported this to Jim Harris.

Barbara made a motion to go into a 5 minute executive session for attorney client privilege with possible litigation, Harold seconded and all approved (the session included the Commissioners and Justin Meeks). No action was taken.

Custodian David Neville met with the Commissioners; he said he had installed LED lights in the Commission room.

Barbara made a motion to go into a 10 minute executive session for Courthouse security and Harold seconded (the session included Barbara, Harold and David Neville). No action was taken.

Jeff Fischer said he was going take a County map and highlight the different bridges in the County based on the bridge inspection report.

At 10:59, Barbara made a motion to adjourn and Harold seconded.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Harold Coleman, Commissioner

________________________, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

09/27/2016, Approved Date

September 15, 2016 Thursday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners and the County Clerk present.

Also present for the meeting were Jeff Fischer and Nick Ruhl.

On September 22^nd, 2016 the Courthouse will be closed for the employees to attend the ALICE training; there may be more than one Commissioner present, but no County business decisions will be made.

On October 4^th, 2016 all of the Commissioners may attend a Young Professionals Meeting at the Empress Event Center at 5:30 pm; no County business decisions will be made.

Barbara made a motion to appoint Lynne Oharah as the voting delegate and Harold Coleman as the alternate at the annual meeting for KWORCC on November 15^th, 2016, Harold seconded and all approved.

Mark Mccoy stopped by the Commission meeting; he said he was going to the Appraiser’s office for paperwork and would possibly meet with the Commissioners after meeting with the Appraiser.

The Commissioners met with David Neville regarding the light bulbs in the Courthouse. David told the Commissioners that all of the ballasts had been changed from T12 to T8 ballasts; he said that LED bulb uses 13 watts verses 32 watts for a fluorescent bulb. An LED bulb cost approximately $7/bulb. The Commissioners asked David to switch the bulbs in the Commission room to LED (by placing one bulb per fixture). David said that Westar may offer an incentive for switching to LED bulbs; the Commissioners asked David to contact Westar.

Bobby Reed met with the Commissioners regarding the road he lives on, Ironwood Road (this road is located between Horton and 69 highway); he asked if there was a way to lower the 35 mph speed limit on this road to 20 or 25 mph or if there was a way to get children playing signs placed on the road. The Commissioners said that it had previously been suggested by an Attorney that the County not place children playing signs up due to the liability this places on the County. The Commissioners suggested the road be patrolled by the Sheriff’s department. The Commissioners asked Bobby to come see them again in a few weeks to see if a decision was made on this. Bobby said he would visit with the residents on this road to see if any of them would be opposed to a lower speed limit on this road.

Barbara made a motion to go into a 15 minute executive session for attorney client privilege with possible litigation, Harold seconded and all approved (the session included the Commissioners and Justin Meeks). No action was taken.

Annie Clarkson met with the Commissioners; she lives at 1438 215^th, she said her neighbor, Russ Hughes has put a dam up blocking the water flow which is causing the water to back up on the Clarkson property. She said according to the State of Kansas, the County water flow can not be blocked, she said this is a Commissioner issue. She gave Justin Meeks a copy of data from the State of Kansas. Justin Meeks said he would review the data and call Annie after he reviews the issue.

At 11:56, Barbara made a motion to adjourn, Lynne seconded and all were in favor.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Harold Coleman, Commissioner

(ss) Lynne Oharah, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

10/04/2016, Approved Date

September 13, 2016 Tuesday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners and the County Clerk present.

Tammy Helm with the Fort Scott Tribune, Nick Ruhl and Jeff Fischer were also present.

Gladys Fisher, Loretta Chaplin and Diana Knopp met with the Commissioners and Jim Harris. They were concerned about the speed of the County rock trucks traveling on and near Birch Road and the weeds and brush at the intersection of 160^th & Highway 7 as well as other areas around there. Jim said he will get mowers in the area and trim the brush. Jim said he has instructed the truck drivers to not exceed 35 mph in this area (Jim said the speed limit is 55 mph). There was discussion over changing the speed limit to 35 mph near the quarry; Jim said the Commissioners could designate this as a truck route and change the speed limit to 35 mph. Jim is going to view the area and report to the Commissioners his suggestions for the roads. Gladys Fisher presented a video of County truck going through an intersection with weeds and brush growing up; she said it’s hard to see the trucks due to the brush and weeds as well as due to the speed at which the trucks are traveling. Jim said the County drivers should slow down at the intersections, but didn’t think the driver was speeding.

Michelle Workman with the Fort Scott Biz arrived at the meeting.

Dan Laughlin, David Scharenberg and Steve Hall met with the Commissioners; they said that most of the County roads had been mowed at least one time; but said, however Yale road hasn’t been mowed one time this summer. They also said that on Yale road past the Lake there are large potholes in the road; they said a resident in that area has offered to cut out the holes and have the County provide the material to patch the road; the Commissioners said they can’t let anyone other than a County employee work on the road. They also said the patching wasn’t completed right the first time. They said that someone has dumped trash near 115^th and Xavier road. Barbara discussed that the mower operators are hired as seasonal help; she suggested that when the full time grader operators aren’t grading the road that they operate the mowers; Jim said that this will help, but right now the employees are handling and trying to correct the complaints in the County. Jeff Fischer suggesting spraying the intersections with chemicals instead of mowing; Jim said they do some intersections this way, but do not budget to spray chemicals on all of the intersections; Barbara said there are some residents in the County that are allergic to chemicals and said the County has to be cautious on where they spray chemicals at.

Mike Feagins arrived at the Commission meeting.

Jim said the County is working in the City of Fulton; he said the City of Fulton is paying for the materials there. Jim said they are crushing at the Thomas quarry. Jim said that the State has delayed the bids on Maple Road (the high risk road area near the sale barn).

Barbara reminded Jim and the other Commissioners that the right of way portion of the permitting process book from Shafer, Klein and Warren still needs to be completed.

Lynne reported that he asked Nate Taylor to spray the weeds at the new jail site.

Barbara discussed the fact that there have been some light bulbs removed from the fixtures in the Courthouse; Barbara said the Commissioners did not make a decision to remove the light bulbs. Kendell said that the Commissioners asked the department heads to conserve money where they could and that custodian David Neville said he removed the bulbs to conserve energy and conserve the heat that the bulbs are putting off. David Neville later met with the Commissioners and explained that the ballasts were previously changed to T8’s which saved money and explained that by removing the bulbs he removed it will save the cost to operate 19,000 watts. There was discussion over the savings if the County switched to LED bulbs.

Harold made a motion to go into a 5 minute executive session for consultation with an attorney with possible litigation, Lynne seconded and all approved (the session included the Commissioners, Bill Martin and Justin Meeks). No action was taken.

Harold made a motion to go into a 10 minute executive session for consultation with an attorney with possible litigation, Lynne seconded and all approved (the session included the Commissioners, Bill Martin and Justin Meeks). No action was taken.

Steve Smith with Universal Construction and Kevin Rost with Goldberg Group Architect met with the Commissioners, Justin Meeks, Bill Martin and Bobby Reed regarding the construction of the new jail. Universal Construction presented a contract for the law enforcement center with two options; option A: had a lump sum proposal in the amount of $6 million or option B, a guaranteed maximum price in the amount of $6,250,000 which includes construction, escalation and bid contingency. Lynne questioned if the cost comes in less than $6,250,000, would the savings be passed back to the Count; Steve said yes. Kevin Rost said they wanted to provide an update on the jail construction. He said that the construction bids are coming in and that is a positive thing; he said they estimate the construction cost to be $6 million (baring contingency), and the all inclusive cost to be $6.9 million; he said they want permission to finish getting bids (concrete, masonry, drywall, finish traits, etc.) (He estimated it to take 2-3 weeks to get the bids once they are advertised) and also asked permission to proceed with the contractors that have bid. Kevin thought that the project cost of $6.85 million was within grasp. Kevin said that time is getting crucial; he discussed the volatility of construction projects and said a lot of projects are pulling construction workers to construction going on in other areas. Steve Smith said that construction is in a boom situation in the metro KC area; he said the contractors are filled up. He said they are trying to get local bids as much as possible. He said they want to hold bid numbers they have. He said there are over $1 billion bond issues coming up in the KC area which will affect the contractors available. Kevin said this is a time sensitive situation and suggested locking in with the contractors they have without risking loosing them. Steve presented a proposal to the Commissioners to lock in the contractors which included a contingency. Lynne discussed a lease purchase option of $1.788 million for equipment costs (detention and security equipment), Lynne said the excess money collected from the .40 sales tax could be used to pay the lease purchase. Lynne said when the voters voted on this issue they voted to use the .40 sales tax for all necessary construction costs. The overall jail project costs are now estimated to be $6.9 million plus $1.7 million for security equipment costs (Lynne said the sales tax amount not used to pay for the bonds could be used for jail expenses above the bond). Barbara discussed the construction trades program at Pittsburg State; Steve said they have used the trade’s school and will contact Pittsburg State regarding the construction of the jail (and possibly using students to help with the construction of the jail). Mike Feagins questioned if the costs will continue to go up, he questioned why not stay under budget, he suggested doing less and discussed the increase in square footage; Kevin said they reviewed other options, but said the jail has to be functional and meet standards. Kevin said until the projects were bid out they didn’t know the bids would come in so high. Lynne said if they pull the plug on the project they will loose a minimum on $1 million. Mike suggested waiting on the project to try to lower the cost; Kevin said he couldn’t estimate if there would be a savings by waiting, Steve estimated the project cost to increase by 17% if they waited. Lynne estimated that there would be construction projects going on for 2-3 years. Harold said they were too far into the project and they were past the point of no return on the project. The Commissioners all agreed that the numbers were disappointing. Lynne said the target number was $6.85 million that they tried to meet. Jeff Fischer said contractually the G.M.P. should be disclosed with drawings and schedules. Jeff said he felt the public wanted to move forward on the project, but wanted to know what the total cost of the project would be. Kevin said they have given multiple updates and timelines to the County. Lynne made a motion to sign the contract with Universal Construction Company for option “B”: guaranteed maximum price in the amount of $6,250,000 which includes construction, escalation, and bid contingency, Harold seconded, Jeff Fischer agreed with signing option “B” of the contract and all were in favor. The Commissioners signed the contract.

CBIZ representative Gavin Steketee met with the Commissioners; he said he was an employee benefit consultant that helped entities dig into insurance numbers to present insurance savings options. The Commissioners explained that the County was locked in to a 3 year contract with the State of Kansas for health insurance. He suggested the County inquire with the State of Kansas to see where the rebates from Caremark Pharmacy (prescription insurance plan through the State insurance) are getting paid to, he questioned if the County should get these rebates paid to them. He also suggested getting claims information from the State insurance to help explain the increase in insurance rates.

Lou Howard met with the Commissioners; she said she wanted an entrance put in on 180^th and said there wasn’t currently a culvert there; the Commissioners told her to contact Jim Harris for the culvert entrance.

Barbara made a motion to reappoint Lynne Oharah as the representative from Bourbon County to the Board of Economic Development Council for 2016 and to allow Lynne to vote in behalf of the County at the annual meeting, Harold seconded and all approved.

Barbara made a motion to sign the application for a storm water pollution control permit for the Bourbon County Law Enforcement Center Project with Agriculture Engineering Associates, Harold seconded and all approved.

At 12:02, Barbara made a motion to adjourn, Lynne seconded and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Lynne Oharah, Commissioner

(ss) Harold Coleman, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

09/15/2016, Approved Date

September 6, 2016 9:00 Tuesday

The Bourbon County Commissioners met in open session with all three Commissioners and the County Clerk present.

Tammy Helm with the Fort Scott Tribune and Nick Ruhl was also present.

Jim Harris reported that they will be working in Fulton this week; he said they are pulling the shoulders on the streets, patching and then chip and sealing. Jim said Fulton is paying for this project. Jim said they are also going to pull the shoulders on Holly Street, he said after the shoulders are pulled the City of Fulton will view Holly Street to see what they want done with Holly Street.

Doug Adamson reported to Lynne that near 95^th & Sycamore going east there was a cross pipe culvert put in that is not big enough and water is running over the road. He also reported that there was side trimming done in that area and the limbs were not piled up, he said he wanted to mow the ditches there. He also reported near 80^th off of 65 highway there are hills and curves that need gravel. He reported that there is grass growing in the middle of the road on 85^th.

Harold reported brush growing near the stop signs at 245^th & Tomahawk and 225^th & Tomahawk.

Lynne asked Jim to have Nate Taylor spray the ditches near Bud Blythe’s property in Uniontown.

Barbara made a motion to go into a 30 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Harold seconded and all approved (the session included the Commissioners and Justin Meeks). No action was taken.

The Commissioners held the 2017 Bourbon County budget hearing; present for the hearing were KOAM TV, Terry Sercer, Justin Meeks, Nick Ruhl, Jeff Fischer, Lora Holdridge and Rhonda Dunn. Terry Sercer said the 2017 budget had approximately a 3 mill increase. Terry said the increase was basically due to two reasons, the health insurance rates increased approximately 9% and the Commissioners built in a 1 ½ mill increase (approximately $127,000) for reserve funds due to the tax lid. The Commissioners said there was no budgeted increase in wages, but said that some employees said they would rather have the insurance benefits instead of a raise. Rhonda Dunn questioned the budgeted amount for unemployment being down; Terry said this was due to a decrease in unemployment rates. Terry said that the unemployment rates are a good example of if the rates increase the Commissioners would have to get money from the reserve fund to cover the increase. The Commissioners thanked every department for helping control the budget. Harold made a motion to close the budget hearing (after no protests), Lynne seconded and all approved and signed the 2017 budget. Terry said the County needs to publish the notice of vote publication and said that next year the County may need to have an election to increase the budget.

Barbara made a motion to adopt Resolution 20-16; a resolution expressing the property taxation policy of the Bourbon County Commission with respect to financing the annual budget for 2017, Lynne seconded and all approved and signed the resolution.

Barbara said that the Commissioners are looking for a person to fill a vacancy on the SEK Area Agency on Aging board.

Barbara made a motion to allow Lynne Oharah to talk to KOAM TV about the budget, Harold seconded and all approved.

The Commissioners placed an ad in the newspaper to accept bids on two pieces of property that the County owns; the first piece of property is described as lots 2, 4, 6,8,10 and 12, block 20 Couch’s Addition Part II, Bourbon County. The second piece of property is described as lots 5, 7, 9 and 11, block 3, Couch’s Addition Part II, Bourbon County. Dale Johnson bid the following: lot 5 $200, lot 7 $225, lot 9 $250 and lot 11 $529 for a total of $1204. Arthur Pearson bid $700 for lots 2, 4, 6,8,10 and 12 and bid $300 for lots 5, 7, 9 & 11. Barbara said the bids came in considerable less than the fair market value of the lots. Barbara made a motion to table the sale of the property until further investigation is done on the lots; Harold seconded and all approved.

Barbara made a motion to go into a 15 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Harold seconded and all approved (the session included the Commissioners and Justin Meeks). No action was taken.

At 11:23, Barbara made a motion to suspend the meeting for lunch and reconvene at 2:15, Harold seconded and all approved.

Judge Mark Ward, Chief Judge Amy Harth, Justin Meeks, Rhonda Cole, Bill Martin and Ben Cole met with Commissioner Coleman and Commissioner Oharah regarding Courthouse security. Mark Ward said they were here to discuss security in the County building, he said he understood there had been discussions regarding putting a metal detector on 3^rd floor with a deputy to run it. Judge Ward asked what goal they were trying to achieve by doing this. The Commissioners said they were trying to make the 3^rd floor secure by doing this. Judge Ward said putting the metal detector on the North end of the 3^rd floor will cause chaos. He used September 19^thcourt date as an example, he said there are 136 (he said many of those 136 will also have family, friends and lawyers with them) court cases, he said between 8:35-9:00 am there will be approximately 60 people arriving for court. Judge Ward said if they are trying to accomplish security, by placing the metal detector where they plan it might make things worse. Judge Ward said that the Sheriff is in charge of security; Bill Martin questioned what the Commissioners felt was adequate security. Chief Judge Harth said she works in the small courtroom and said if the metal detector and detective are there in a small space where in custody defendants and others are coming to court, then she worries about having all of the people in a small space at one time. Chief Judge Harth questioned how the security process started, she asked if there were specific complaints and asked if the Commissioners had view the space they were considering placing a metal detector; Lynne said it was started due to laws regarding Courthouse security and said he had viewed the space and knew it was a small area. Lynne said they are working on trying to get a Heritage Grant and said eventually it may be doable to get the whole Courthouse secure later on (Lynne said the initial project has been submitted for a grant which could fix the railing, replace pavers and cover foundation work if necessary). Lynne estimated an employee to run the metal detector to cost approximately $33,000/annually. Chief Judge Harth said that Bourbon County was not alone on security; she said another County put the security personnel under the Sheriff’s department; she said there are two employees on duty and if there is no court then one of the employees goes to serve papers. She questioned what authority the bailiff has. Judge Ward asked if the Commissioner was in the mindset that the whole building needed to be secure; Lynne said yes. Judge Ward asked if down the road the County would save money for security; Lynne said in the future it will be hard to come up with extra money due to the new tax lid. Bill Martin said he could bypass the tax lid and increase the mill levy to cover the expense of Courthouse security. Judge Ward said the best place to place security would be on the first floor on the East side of the building. He said there have been 2 incidents this year regarding security on 3^rd floor, both of the incidents involved knives. The Commissioners said the Chief Judge has the final say in what needs to be done to make the court secure; she said if asked she would say that there would be no weapons on the 3^rd floor and there would be a commissioned deputy on duty on the 3^rd floor. In the end, the Judges said they would be comfortable with a 2^nd employee with a wand on 3^rd floor verses placing the metal detectors where on the North end of 3^rd floor.

Harold made a motion to go into a 5 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Lynne seconded and all approved (the session included the Commissioners and Justin Meeks). No action was taken.

At 3:10, Harold made a motion to adjourn and Lynne seconded.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Lynne Oharah, Commissioner

(ss)Harold Coleman, Commissioner

ATTEST:

Kendell Mason,

Bourbon County Clerk

09/15/2016, Approved Date

August 2016

August 30, 2016 Tuesday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners and the County Clerk present.

Also present were Tammy Helm with the Fort Scott Tribune, Nick Ruhl and Jeff Fischer.

Some residents of the Fort Scott Lake met with the Commissioners regarding the Lake Road. Jim Harris said they started construction on the Lake Road, but the asphalt money is exhausted for 2016 and the road will not be completed this year. Jim and the Commissioners agreed this will be the first road completed in the spring of 2017. 195^th will be chip and sealed when completed. Jim said they completed 12 miles of a combination of both chip and seal and asphalt road in 2016, which he estimated to cost approximately $45,000/mile. Jim said they have had to do more with less money. Barbara said the Southwest quadrant road at the lake was so bad that it had to be milled to start with a new base. Lynne said since they ran out of money it will be a gravel road through the winter. One resident questioned why the County started the road if they couldn’t finish it. Barbara said she was disappointed and sorry that the road wasn’t going to be finished in 2016, she said she felt when the road was planned to repair they thought there was enough money to complete the road. Lynne said the Road & Bride Sales Tax fund brings in approximately $1 million a year. Barbara said she wasn’t sure the County could continue to maintain all of the hard surface roads in the County. Jim said he would view an area where culverts were installed and there is now standing water near the culverts. Jim said when the road project wish list was created it wasn’t compared to the budgeted revenue. Pat Scott questioned if there could be weight limit signs placed near Hackberry and 190^th due to the amount of traffic using the road; Jim said the signage wouldn’t do any good without enforcement. Jim said he would view piles of cement on 190^th by the dam (a resident said the cement came off of a cement truck). Jim said they could place loose gravel signs and could wet the gravel road to keep the dust down. Lynne suggested placing no through truck signs at 180^th & Hackberry. One resident said they couldn’t say thank you enough to the City & County for all of the responses they have received when they have made requests. There was discussion over the amount of money the Lake produces, both from the residents and the visitors. A resident reported foliage that needed cut on the curves on the roads at the Lake.

Jim Harris said he contacted companies and advertised to purchase a new walking floor trailer; he said he received one bid. Lynne said the County has spent $5,000 (renting a trailer and hauling trash to Arcadia) in two weeks that the County didn’t have to spend (due to the fact that the County owned trailer has been broke); Lynne said he didn’t want to spend anymore money. Jim said he felt a possible reason why he only received one bid was due to the fact that some of the companies sell the same brand of trailer and wont bid against each other. Jim said currently the County is using a trailer from WCA; he said the County has been unloading the trailer themselves when unloading the trash at Arcadia; he said he felt that WCA needed to provide trained personnel to help unload the trailer. Lynne made a motion to purchase a walking floor trailer from East Manufacturing Corporation for $65,900 and to pay for it out of the Special Equipment Fund; Harold seconded after discussion; Lynne made a motion to table the motion and Harold seconded and Jim was asked to contact companies for a bid on a ejector trailer where the trash is pushed off of the trailer verses a walking floor trailer; the Commissioners planned to discuss this further at 1:45. Jim said at the current pace they are getting trash at the landfill they shouldn’t need a second trailer. Jim suggested keeping one of the old trailers as a backup trailer.

Barbara made a motion to accept a permit for Housley Communication to bore across the road at 1286 255^th, Lynne seconded and all approved and signed the permit.

Barbara made a motion to accept a permit for a culvert entrance at 2114 Ironwood for a new house, Lynne seconded and all approved and signed the permit.

Barbara made a motion to allow NPL Construction to bore 36” under the road at 205^th & Prairie for the installation of a gas line for Kansas Gas, Lynne seconded and all approved and signed the permit.

Barbara made a motion to allow Housley Communication to bore under the road at 2278 Noble Road, Harold seconded and all approved and signed the permit.

Jim Harris reported that they are patching potholes at 230^th & Jayhawk.

Jim said he was aware that the Commissioners put a hiring freeze in place. He said that the Road & Bridge department is down 5 employees and that 3 others have given notice of their plans to retire in January, 2017. He said that 2 of them will not be replaced, but that one of the retirees is a motor grader operator that needs to be replaced. He asked permission to eliminate a part time seasonal position and train this person for 30 days as a possible motor grader operator and if he does well move him into a full time motor grader position. Lynne made a motion to train the part time seasonal employee as a motor grader operator, Harold seconded and all approved. Justin questioned if the seasonal part time position would be filled; Jim said the position would not be filled in the future.

Barbara made a motion to go into a 15 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Harold seconded and all approved (the session included the Commissioners and Justin Meeks). No action was taken.

Will Wallis and Shane Walker met with the Commissioners; Will said when the new jail was proposed and in the initial planning stages he was never involved in the planning of the building. He said that he got involved in the project when Bill Martin approached him about a room that Bill had designated as a training room; he said Bill asked him if he would like to use the room for the LEPC meetings. Will explained that the Heartland Tower on Maple Road (which holds communication devices) is a COOP site to be used if for some reason the Courthouse was unusable; Will said the new jail meeting room could be used as a possible COOP site, but said if the jail is over budget to take the COOP site from the plans on the new jail. Will said the EOC will always be in the Courthouse basement.

Lynne clarified that the building for the new jail came in approximately $150,000 compared to the $200,000 as previously reported.

Shane Walker discussed the ALICE training with the Commissioners; Lynne made a motion to close the Courthouse on September 22, 2016 for the ALICE training and to require all of the Courthouse employees to attend the meeting, Harold seconded and all approved. All of the Commissioners plan on attending the training, but no County business decisions will be made.

Barbara discussed changing the Commissioner meetings back to two mornings a week; Lynne recommended Tuesdays and Thursdays. Barbara made a motion beginning September 13^th to start having the Commission meetings on Tuesdays and Thursdays from 9-12, Harold seconded and all approved.

On August 29^th, Hazel Swarts resigned from the Southeast Kansas Area Agency on Aging board the Commissioners are looking for someone to appoint to the position for a two year term.

Barbara made a motion to suspend the meeting for lunch until 1:45 pm, Harold seconded and all approved.

Jim Harris reported on then ejector trailer where the trash is pushed off of the trailer verses a walking floor trailer; the ejector trailer cost between $65,000 and $75,000 has a 96 cubic yard capacity and would take a minimum of 90 days to get. Jim recommended the walking floor trailer; the motion was made earlier in the day and was tabled; after discussion the Commissioners decided to purchase the trailer from East Manufacturing Corporation for $65,900, all of the Commissioners were in favor of the purchase. The Commissioners asked that the check be cut early and be mailed over night so the Road & Bridge department could drive to Ohio to pick up the trailer.

Rhonda Dunn, Clint Anderson and Justin Meeks met with the Commissioners to discuss the 5% administrative fee from the Neighborhood Revitalization Program (NRP). The County retains the 5% for administrative costs. In 2015 and 2016, there was $11,009 collected for the 5% fee. Rhonda recommended the Commissioners move the money from the NRP holding fund to a reserve fund. Clint discussed a computer field program for data entry, which allows for remote terminal access. He asked for permission to use the $11,009 to put the field program into place; he said the software for this cost between $12,000 and $13,000 and has an annual fee of $3,500. The Commissioners did not make a decision regarding allowing Clint to use the 5% NRP funds for this program.

Barbara made a motion to go into a 7 minute executive session for non-elected personnel to protect their privacy, Harold seconded and all approved (the session included the Commissioners, Justin and Clint Anderson). No action was taken.

Barbara made a motion effective with the September 20^th distribution for the Treasurer to move the 5% NRP fees to a NRP reserve account, Harold seconded and all were in favor.

Barbara made a motion to go into a 12 minute executive session for attorney client privilege with possible litigation, Harold seconded and all approved (the session included Justin and the Commissioners). No action was taken.

At 3:30, Barbara made a motion to adjourn and Harold seconded, meeting adjourned.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Lynne Oharah, Commissioner

(ss) Harold Coleman, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

09/06/2016, Approved Date

August 23, 2016 Tuesday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners and the County Clerk present.

Also present were Tammy Helm with the Fort Scott Tribune and Nick Ruhl.

Terry Sercer met with the Commissioners to review the 2017 budget; present for this meeting were Joe Dawson, Ben Cole, Shane Walker, Bobby Reed, Alvin Metcalf, Lora Holdridge, Rhonda Dunn, Jeff Fischer, Bill Martin and Rhonda Cole. Terry Sercer said he made the overall budget cuts that the Commissioners asked for and reduced the appropriation amounts for some of the appropriations; these changes resulted in an estimated mill increase of 1.58. Terry said that Justin Meeks asked for figures on a few different scenarios, Terry said a 2.5 mill increase would result in a reserve of $85,000 and a 3.0 mill increase would result in a reserve of $126,000. Terry said that there was an increase of 9% in the health insurance in 2017; he said if there was an increase in 2018 this reserve could help cover this expense. Terry said the reserve is not identified for a specific purpose. Terry said that the Commissioners do not have to budget for a RIF (reduction in force), but if this happened it would add to the reserve. Terry said if two employees left employment it could add approximately $69,000 to the reserve account. Terry was asked to budget for a bonus for the employees instead of giving a raise, Terry said a bonus of $300/employee would cost the County $33,810, $400 bonus would cost the County $45,045 and a $500 bonus would cost the County $56,280. Terry said if the County required the employees to pay more on their insurance it could save the County approximately $84,000/year. Terry said he budgeted an increase in revenue of 60,000 from the motor vehicle fees. Lora Holdridge said that the mortgage tax fees will go down, but the filing fee will go up. Justin Meeks arrived at the meeting. The Commissioners said they are not currently looking at a R.I.F. but this could happen in future budget years. Rhonda Dunn said the new fuel card for the County will save 33.3 cents/gallon off of the price at the pump. Bobby Reed said he didn’t feel it was right to give raises or bonuses and then do a R.I.F.; Rhonda Dunn agreed and suggested keeping salaries the same with no increase to the insurance cost to the employees. Rhonda said she felt that if the County required someone to pay more for their insurance then they are currently required to pay they would loose employees because of it. Rhonda suggested that the Commissioners quit paying Terry Sercer to do the budget to save money and have someone do the budget in house.

Barbara made a motion to go into a 15 minute executive session for non-elected personnel to protect their privacy, Harold seconded and all approved (the session included the Commissioners and Justin Meeks); this motion was amended by Barbara. Barbara made a motion to go into a 20 minute executive session for non-elected personnel to protect their privacy, Harold seconded and all approved (the session included the Commissioners and Justin Meeks); no action was taken.

After the session the following people were present; Deb Schoenberger, Terry Sercer, Justin Meeks, Tammy Helm, Ben Cole, Joe Dawson, Alvin Metcalf, Shane Walker, Bill Martin, Mike Feagins, Nick Ruhl, Lora Holdridge and Jeff Fischer. Lynne made a motion to impose a hiring freeze (with the exception of the Sheriff’s department and the Correctional Center) (no one will be able to hire without permission from the Commissioners) and Harold seconded and all approved. There was discussion about attrition, and it was decided that the services will be done with less people. Lynne made a motion to increase the mill levy 2.955 and building a reserve of approximately $128,500 which will be used to offset services and benefits, this was seconded by Harold and all approved (the insurance premiums will still be paid as they have been, no raises or bonuses will be issued). The Commissioners said that items that have always been funded by the County will slowly be cut due to the loss of funding. The budget hearing will be held on September 6, 2016 at 10:00 am.

Appraiser, Clint Anderson called in to speak to the Commissioners during an executive session; Lynne advised him that the 2017 budget had already been approved and asked that Clint call or meet with the Commissioners on August 30^th.

A.B.A.T.E. representative Bill Cooper met with the Commissioners; A.B.A.T.E. will have their annual meeting at Elm Creek Lake on September 30^th and October 1^st. There will be a fishing derby, church services and many other activities.

Mike Feagins met with the Commissioners; he said on July 25, 2016 he was told that the final cost of the jail project would be available in two weeks; he asked for the final figures. Lynne said that the total cost is still ongoing and that they had no firm figures yet, he thought the figures would be available in about a week. They are still trying to get bids from contractors, but there has been a lack of participation in the bidding process. Bill Martin said twice that if the total project cost goes over what was budgeted; he didn’t have a problem pulling the plug on the project. Bill said they were having a hard time getting contractors; he said the project had been going on for 18-19 months and just like everything else some of the costs have gone up and some have gone down. Bill said they are trying to use local contractors whenever possible. Bill said that the cost of the building came in $150,000 under the estimated budget. Mike Feagins questioned if it is over budget would they consider reducing the square footage; Bill Martin said yes. Jeff Fischer questioned what the cost would be to pull the plug on the project; Lynne said the County already has over $700,000 invested in the project. Lynne and Bill both agreed that the minimum bed space that Bourbon County needs is 74 beds. Bill said the integrity of the building will not be jeopardized and the safety of the staff and workers will not be sacrificed.

At 11:36 am, Barbara made a motion to suspend the meeting for lunch until 1:30 pm, Lynne seconded and all approved.

Barbara informed Jim that Matt Jones, a resident of Native Road, requested a slow sign on Native Road due to the amount of traffic. Jim said the speed limit is posted there; he didn’t feel that people were going that fast there, but said if they are that is a law enforcement issue. Harold is going to call Mr. Jones back.

Harold reported to Jim that there are trees hanging over Soldier Road that needed trimmed. Barbara reported to Jim that Matt Beltz reported there are trees hanging over Valley Road.

Joe Dawson met with the Commissioners and Jim Harris; he questioned if 190^th (Lake Road) was ever going to get done; Jim Harris said it was close to being ready to overlay, but said he needed to sit down with the Commissioners to review the budget to see how much money is available to finish projects.

Rhonda Dunn reported to the Commissioners and Jim Harris that the balance in the Road & Bridge Sales Tax fund is negative $40,000, Jim said that they will be getting a reimbursement of $86,000 in just a few weeks. Rhonda reported that the Landfill building fund has overspent $22,000; these expenses will be moved to the Landfill fund. It was decided there is approximately $40,000 left to spend for the road work in 2016. Justin Meeks said that they have a plan on what projects will be completed, but the County can not afford to fund the plan. Jim said in 2014 they spent all of the money they had, including the reserve fund. Jim said he wanted to work with the Commissioners as a group to avoid overspending. Rhonda Dunn said that in 2016 for the Road & Bridge Sales Tax fund needs to save ¼ of the income because there is no reserve; she said after they put this savings away they will have 12 months of income to spend next year. Jim said the 4 busiest roads in the County are 215^th, Jayhawk, Lake Road and Maple Road.

Lynne said he recommended that the County purchase their own trailer verses getting a trailer from WCA or a different company. Lynne made a motion for Jim Harris to contact WCA to inform them that the County is not interested in a contract with them, Harold seconded and all approved.

Lynne made a motion to sign a letter of support for the Coordinated Transit District #10, Barbara seconded and all approved.

Harold made a motion to go into a 5 minute executive session for attorney client privilege with possible litigation, Lynne seconded and all approved (the session included the Commissioners and Justin Meeks). No action was taken.

Barbara made a motion for Kendell to ask the different departments how many employees they have (part time or full time), their job title and a brief description of what each employee does, Lynne seconded and all approved.

At 3:14 pm, Barbara made a motion to adjourn, Harold seconded and all approved.

THE BOARD OF COMMISISONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Lynne Oharah, Commissioner

(ss) Harold Coleman, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

08/23/2016, Approved Date

August 19, 2016 Friday 9:00 am

The Bourbon County Commission met in open session for a 2017 budget work session with all three Commissioners and the County Clerk present.

Terry Sercer met with the Commissioners to review the revised 2017 budget. Terry presented a revised estimated mill levy for the 2017 budget; 2015 the mill levy is 63.647 the revised 2016 estimate is 66.612. The revised budget and mill levy is based on the fact that employees will pay a larger portion of their employer covered health insurance, but the employees could potentially receive an increase in wages. There was discussion over the possibility of doing a reduction in force; it was said that for every person that was RIF’d the savings could be put in reserve.

Bill Martin and Ben Cole met with the Commissioners regarding Courthouse security; Bill suggested that the Commissioners take the $27,000 set aside for Courthouse security and putting $19,000 of this into the Sheriff’s department budget for overtime and they would cover approximately 20 hours a week for security; which would eliminate the need for an additional employee. Barbara suggested keeping the money in a separate fund and paying as needed. No decision was made on the Courthouse security.

The Commissioners discussed increasing the motor vehicle fees by $3/transaction; Rhonda Dunn said the estimated $60,000 generated from this may be a high estimate.

Appraiser Clint Anderson said the State said oil and gas values probably won’t change this year.

Kendell questioned the Commissioners about budgeting for the operation of the new jail (insurance, utilities, etc.); Lynne said the revenue increase in sales tax would cover these expenses.

Lynne made a motion to go into a 7 minute executive session for non-elected personnel to protect their privacy, Harold seconded and all approved (the session included the Commissioners, Justin Meeks and Kendell Mason). No action was taken.

The Commissioners will continue to work on the 2017 budget with Terry Sercer at 9:00 am on Tuesday, August 23^rd.

At 11:36 am, Barbara made a motion to adjourn and Harold seconded, meeting adjourned.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Lynne Oharah, Commissioner

(ss) Harold Coleman, commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

08/23/2016, Approved Date

August 16, 2016 Tuesday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners and the County Clerk present.

Tammy Helm with the Fort Scott Tribune and Nick Ruhl was also present.

The Commissioners met with Terry Sercer to review the 2017 budget.

Bobby Reed, Bill Martin, Ben Cole, Shane Walker, Lora Holdridge and Eric Bailey were present for the budget review. Based on the numbers requested and revised numbers; there will be a 3.062 mill increase. Harold and Barbara both said they didn’t want to see a 3 mill increase.

After the session, Lora Holdridge asked if the Commissioners had considered the employees and considered all of the services that the County provides; she said she didn’t want the taxes going up, but reminded the Commissioners that the cost of living is going up. She suggested contracting road work out or selling equipment; she said if employees are cut then services will be cut. Lynne said that they are considering what would be best all the way around.

Lynne discussed the lack of carryover that has been in the budget in the past few years.

Barbara made a motion to go into a 45 minute executive session for non-elected personnel to protect their privacy, Harold seconded and all approved (the session included the Commissioners, Justin Meeks and Terry Sercer). No action was taken.

There was discussion over the Juvenile Detention budget and the cost associated with it and the services they provide. The Commissioners asked Justin Meeks to review the fees that the County charges to see if there are areas that could be increased to generate more revenue for the County. Justin said the County could charge an administrative fee of $3 per transaction for tags to generate $60,000-$70,000 yearly. There was discussion of this being the last year that the County can raise taxes without taking it for a vote to the voters. The Commissioners asked Terry Sercer to look at the following different areas to see where savings could be made… reduction if force, overall budget cuts, contributions to outside agencies, health insurance contributions, raises for employees and increase fees for services.

The Commissioners questioned Appraiser Clint Anderson about the oil and gas revenue production; Clint said last year he said several shut-ins (where wells were shut down), he said he expects to see more of this. Clint said he would contact PVD (at the State) to see where the price is going which will effect the valuation. Clint said he didn’t know where the value was going on State Assessed Utilities, but would find out from the State.

Bill Martin said a deputy hit a deer with a Crown Victoria (K9 unit) on August 15^th, he said everyone was ok; he is working with the insurance company, but said he will have to pay to fix the car out of his budget (he said this is one of the unexpected events he has budgeted for).

At 11:45, Barbara made a motion to suspend the meeting for lunch and reconvene at 1:30, Lynne seconded and all approved.

Dennis Krom met with the Commissioners regarding the Garland Fire Department. He said that when the budget hearing was held in 2015 for the Garland Fire Department there were people that were against the budget, but the board still adopted the proposed budget; he said last night there were 13 people against the proposed budget, but the budget was still adopted with a mill increase. Dennis said he understood that the cost of everything has gone up, but questioned how much was budgeted. He said he felt that there needs to be an audit done, but understood there would be an expense associated with an audit. Barbara said that the Township could call for an audit; Dennis said the Commissioners can order an audit, but the Township has to fund it. Dennis said he wished that everything was transparent; he said the fire department is putting money into an old building, but is not taking bids for work. Dennis said that he felt they were trying to block the township board from having any input on the fire district’s budget.

Justin Meeks turned in a revised budget for I/T; Shane Walker originally requested $187,683, but his budget was revised to $173,288.

Justin Meeks questioned if the County could sell advertising space; such as could a County dump truck sell advertising space on the side of it? Justin questioned if a company could purchase a trailer for use at the Landfill and the purchaser receives tax abatement? Kendell suggesting calling the League of Municipalities for an answer to these questions.

Jim Harris recommended raising the rates at the Landfill $2/ton for both solid waste and C&D. No decision was made on this. Jim discussed the increase in revenue since Four State Sanitation starting using the Landfill.

Harold made a motion to go into a 10 minute executive session for non-elected personnel to protect their privacy, Lynne seconded and all approved (the session included the Commissioners, Jim Harris, Justin Meeks and Kendell Mason). No action was taken.

Jim Harris said since the Landfill trailer isn’t working properly, they are hauling trash to Arcadia and paying $44.50/ton verses paying $25/ton to Allen County, (Arcadia is able to help unload the trailer). Lynne made a motion for Jim Harris to request bids for walk-in floor trailers (to be opened in 2 weeks), Harold seconded and all approved.

Harold made a motion to sign the Annual Peopleware Agreement with CIC for $50,195, Barbara seconded and all approved, Barbara signed the documents.

Barbara made a motion to pay the $40 set up fee out of the Commissioners fund and Lynne seconded.

Lynne made a motion to go into a 30 minute executive session for non-elected personnel to protect their privacy, Harold seconded and all approved (the session included the Commissioners, Kendell Mason, Justin Meeks and Terry Sercer). No action was taken.

Lynne made a motion to go into a 20 minute executive session for non-elected personnel to protect their privacy, Harold seconded and all approved (the session included the Commissioners, Kendell Mason, Justin Meeks and Terry Sercer). No action was taken.

The Commissioners will have a budget work session at 8:30 am on August 19^th, 2016.

At 4:25 pm, Barbara made a motion to adjourn, Lynne seconded and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Lynne Oharah, Commissioner

(ss) Harold Coleman, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

08/19/2016, Approved Date

August 11, 2016 Thursday 9:00 am

The Bourbon County Commission met in open session for a 2017 budget work session with Terry Sercer; present were all of the Commissioners and the County Clerk.

Also present were Justin Meeks, Jim Harris, Lora Holdridge, Bill Martin, Bobby Reed and Ben Cole.

Terry Sercer made adjustments to the 2017 budget; he reduced the Sheriff’s budget $42,275, reduced the Jail budget $65,930, removed one grader lease purchase payment for Road & Bridge $20,000, reduced the Contingency Murder Trial fund $55,000. This resulted in a mill increase of 2.92.

There was discussion over the Landfill; Jim Harris said they will either have to replace a trailer there to haul trash in or close the doors. There was discussion over raising the rates at the Landfill to help cover expenses.

Shane Walker and Eric Bailey arrived at the meeting.

There was discussion over the employees insurance; Lora Holdridge said that the Commissioners couldn’t expect for the employees to cover anymore of the cost of their insurance if the Commissioners were not giving any raises. Lora said she felt it was bad that some of the County employees qualified for State assistance due to the County wages. Lynne stated that there were three options; raise the mill levy, cut services or cut employees. Lora said she was a taxpayer and didn’t want to see a mill increase, but wants to keep the good employees she has. Lynne suggested putting a committee together to review the benefits we have and reviewing what options we have.

Kendell Mason left the meeting to prepare a budget and Maggie Wolf the arrived to take the minutes.

Terry Sercer left the meeting.

The Commissioners reviewed the utility bills for the County to see how to cut expenses there.

Barbara made a motion to go into a 5 minute executive session for non-elected personnel to protect their privacy, Harold seconded and all were in favor (the session included the Commissioners, Justin Meeks and Jim Harris). No action was taken.

The Commissioners are going to discuss the 2017 budget again on August 16^th at 9:00 am.

At 9:55, Barbara made a motion to adjourn and Lynne seconded.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Lynne Oharah, Commissioner

(ss) Harold Coleman, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

08/11/2016, Approved Date

August 9, 2016 Tuesday 9:00 am

The Bourbon County Commissioners met in open session with all three Commissioners and the County Clerk present.

Also present were Tammy Helm with the Fort Scott Tribune, Nick Ruhl and John Allison.

Kevin Thorpe, a resident of 1828 225^th Street, met with the Commissioners and Ben Cole regarding a fence that separates’ his property and his neighbors (Herring property). He said there was a fence and fence posts there that the neighboring tenants removed. He contacted the Sheriff’s department regarding the removal of the fence and the tenants said they were told to clean up the fence by the owner; since this time the tenants have moved and the landowner hasn’t replaced the fence or the fence posts. Kevin questioned if a fence viewing would do him any good; it was explained to him that a fence viewing is done so that the Commissioners can say if the fence meets the requirements of a good fence (per resolution). He asked if he replaced the entire fence, would he own the entire fence; it was suggested that he contact an attorney.

There will be a meeting on August 10^th at 10:00 am for the department heads to discuss the use of a fuel card; Lynne plans to attend the meeting.

Frank Miller met with the Commissioners to question if a decision was made regarding the replacement of the trailers at the Landfill; the Commissioners said they had not made a decision on the trailers yet.

Barbara made a motion to pay the Landfill bond payment of $7,843.80, Harold seconded and all approved.

Max Murray and Matt Sanders with WCA met with the Commissioners regarding the Bourbon County transfer station. They said they would be interested in a partnership with Bourbon County regarding the landfill/transfer station. They said they operate, build, load, haul and manage transfer stations. They said they partnered with Labette County and their transfer station and said they could be involved in any level decided upon if the County decided to partner. They said they did a trial run in Bourbon County in 2005 to accept trash from Bourbon County at their facility in Arcadia, Kansas; they said at that time there had been a lot of rain and the dirt roads were not as easy for the drivers to drive on as the highway going to Iola (where the trash had and still is hauled from Bourbon County). It was their opinion that a transfer station in Bourbon County is a good idea. They estimated that their landfill has room for 60-70 years of disposal. They asked if there was an interest from Bourbon County for them to present what they could provide for Bourbon County; they said they could supply equipment to operate the landfill, could do the disposal, hauling, operate the scale house. There was discussion over the condition of the trailers at the landfill; which need repaired or replaced (Jim Harris estimated a new trailer to cost $65,000). Barbara said she felt it was important to have a place available for C&D disposal for the residents and future residents of the County. They are going to work with Jim Harris to get some quotes available for Bourbon County. Jim said the County would still need two employees at the Landfill if WCA were to haul the trash to their site in Arcadia.

Brian Snyder reported a bad culvert on the Northeast side of Fulton; Harold reported this to Jim Harris.

At 11:14, Barbara made a motion to break for lunch and reconvene at 1:30; Harold seconded and all approved.

The Commissioners will have a 2017 budget work at 8:30 am on August 11^th, 2016.

Lynne made a motion to go into a 15 minute executive session for non-elected personnel to protect their privacy, Barbara seconded and all approved (the session included the Commissioners and Justin Meeks). No action was taken.

Barbara made a motion to place an ad in the Fort Scott Tribune to accept bids for two pieces of property that the County owns on Couch Street; the sealed bids will be due by September 6^th, 2016, Harold seconded and all approved.

At 2:55, Barbara made a motion to adjourn, Harold seconded and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Lynne Oharah, Commissioner

(ss) Harold Coleman, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

08/11/2016, Approved Date

August 8, 2016 Monday 8:30 am

The Bourbon County Commission met in open session for a 2017 budget work session and for the 2016 Primary Canvass. Present for the meeting were the Commissioners and Kendell Mason.

Jeff Fischer was also present for the meeting.

The Commissioners continued to review the 2017 budget and look at possible areas to cut. The Commissioners reviewed the health insurance benefits premiums, which are increasing in 2017; the Commissioners considered paying the minimum required and requiring the employees to contribute the maximum amount to their insurance premiums. There was discussion over possibly selling Elm Creek Lake, to reduce expenses there; Barbara and Harold both said they didn’t want to sell the Lake. There was a question of whether to eliminate employee positions to save money, no decision was made on this.

Larry Gazaway and Nick Ruhl arrived at the meeting.

Barbara made a motion to excuse herself from participating in the County Canvass and appoint Justin Meeks to her position, Harold Seconded and all approved.

Tammy Helm with the Fort Scott Tribune, Hazel Swarts, Rhonda Dunn and Lora Holdridge arrived to view the Canvass.

There were 67 total provisional ballots (name change, no id, change of address, not registered, etc. ballots cast), 37 of which counted. The official results will be signed off on during the August 9^th Commission meeting.

At 11:54 the meeting adjourned.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Lynne Oharah, Commissioner

(ss) Harold Coleman, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

08/09/2016, Approved Date

August 4, 2016 Thursday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners and the County Clerk present.

Also present were Nick Ruhl and Jeff Fischer.

Harold reported to Jim Harris that Tom Hill reported a pothole in the road near Condensory and Soldier road.

Jim Harris reported that they will be drilling at the Thomas Quarry; he asked since the drill will be there do we want to do a test drill at 65^th & Soldier road? Barbara said she thought it was important that it be known they are looking for a possible quarry site in the Northwest part of the County. Jeff Fischer asked if when there is a drill performed, are there records kept for this in the County; Harold said yes, Lynne said they review geological surveys when considering a possible quarry site.

Jim said since Four State Sanitation started hauling trash there has been an increase of trash at the Landfill of 200 tons/month; he said the current trailers can not handle this much. Lynne asked that Jim get prices for walk-in and tilt type trailers; Jim said he will report this on August 9^th.

Lynne reported to Jim that at 205^th & Tomahawk there is a culvert with railroad ties showing.

Kendell reported that there was a report of Seresia Lespedeza growing at the Blake Quarry; Jim is going to see if this is growing on the land that the County is responsible for or on the land the property owner is responsible for.

Jim reported that they will start chip and sealing next week; he said they will work in the Hammond area, Maple road, 125^th and in the Uniontown area.

Lynne asked Jim to make sure that the intersections are mowed for the school bus routes before school starts.

Jim reported that there are times a year that the roads can’t be graded; he said the grader operators could be operating a mower if there were extra mowers available.

Lynne made a motion to go into a 10 minute executive session for non-elected personnel to protect their privacy, Harold seconded and all approved (the session included the Commissioners, Jim Harris, Justin Meeks and Kendell Mason). No action was taken.

Barbara said she wanted to excuse herself from participating in the election canvass on Monday, August 8^th, she asked Justin to fill in for her.

Barbara made a motion to approve a license for Kansas Travel (located on Soldier road) to sell cereal malt beverage off premises, Lynne seconded and all approved. Barbara and Kendell signed the license.

The Commissioners received a letter from David Harper with the Kansas Department of Revenue stating that our County Appraiser met the statistical performance standards established for both the commercial/industrial and residential classes of property.

Will Wallis, Paul Ballou, Lou Howard, Tracy Reed and Delwin Mumbower met with the Commissioners to discuss mutual aid on emergency calls. Barbara said that there have been 3 incidents that they had felt that there should have been more backup called to the scene of an incident. Tracy Reed reported that now there is automatic aid in place; recently Garland fire department got a call and Scott Township fire department was automatically paged. Will reported that they will be putting all of the fire departments on the same LEPC channel frequency; he said they will put Garland on this too. Barbara asked if the Commissioners can say that Scott and Garland Fire Department have to be on the LEPC channel; Paul said yes they can say this. If this is done, the entire County operations for emergency calls will be on one channel. There has been discussion over putting all of the departments on the same tone for calls. Paul said that having multiple frequencies and multiple tones takes time when dispatching. Paul discussed a backup to the emergency paging system; Active 911 (which goes through a cell phone to notify of a dispatch call), they have been testing this for approximately 4 months.

Ken Lyon the president of the Old Fort Genealogical Society and Rhonda Dunn met with the Commissioners. This library is located in the basement of Memorial Hall at 3^rd and National in Fort Scott. It stores documents that are irreplaceable. Ken said the library is not only a genealogical society but also a historical society as well. Rhonda said the Old Fort Genealogical Society is mainly funded through copy and research fees, individual donations and membership fees (Ken said that the membership fees for next year will be $20/individual or $25 for a family), but said that membership has declined. Rhonda said that the cost of operating the library has exceeded the income of the society by approximately $1,000/year. They asked that the County provide a one time donation of $2,500 for financial support of the library. The library stores records of family histories, Fort Scott Tribune microfilms, marriage records, cemetery records, school records, etc. Ken said the library often receives out of town visitors looking for records of past Bourbon County residents. No decision was made.

At 11:41, Harold made a motion to break for lunch and reconvene at 1:30, Lynne seconded and all approved.

Terry Sercer met with the Commissioners and Justin Meeks to review the 2017 budget. Based on the budgeted numbers that Terry was provided from the County the estimated mill levy will go from 63.647 to 69.315 (estimated). The Commissioners reviewed the numbers and wanted to the mill levy down to a 2 mill increase. The Commissioners reviewed the numbers to see what could be cut. There was discussion over giving departments a budget to work with; Lynne said if they are given a budget then they will have to figure out how to prioritize the needs for their departments. Barbara suggested placing money in a contingency fund to cover the Department of Labors ruling on overtime pay (if this order is made mandatory, that way the money is there if needed).

Barbara made a motion to go into a 5 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Lynne seconded and all approved (the session included Justin Meeks, Eric Bailey and the Commissioners). No action was taken.

The Commissioners continued to work with Terry Sercer regarding the 2017 budget. The Commissioners decided to adjust the Sheriff and Correctional Center budget to what they received in 2016. They reduced $17,000 from Road & Bridge, reduced Economic Development to $20,000, and reduced the murder trial fund to $65,000. The Commissioners are going to have a 2017 budget work session on Monday August 8^th at 8:30 am.

The Commissioners will have the Primary Election Canvass at 10:00 am on Monday, August 8^th.

At 3:14, Barbara made a motion to adjourn and Lynne seconded.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Lynne Oharah, Commissioner

(ss) Harold Coleman, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

08/09/2016, Approved Date

July 2016

Resolution No. 19-16

Weapons in the Workplace

Purpose

The purpose of this policy is to inform employees and officials of the Bourbon County’s policy and prohibitions regarding weapons in the workplace.

Policy

General Policy. All employees, officials, contractors and other persons, with certain exceptions described below, are prohibited from openly carrying, brandishing, intentionally displaying, threatening others, discharging, or otherwise using “weapons” in the workplace, while engaged in Bourbon County business, at County-sponsored functions, in County vehicles, or in or on County property (including County buildings and the public areas of such buildings). It is outside the scope of employment for any County employee, official or contractor, to engage in any of the above described conduct while conducting County business under any circumstances.

“Weapons.” For purposes of this policy “weapons” include, without limitation, firearms of all typ0es and sizes, whether loaded or not; air guns, BB guns, pellet guns, and the like; simulated weapons, knives, swords, switchblades, razors, (other than small pocket knives, utility knives, kitchen knives used in food service); Clubs, bludgeons, batons, bats, and the like; incendiary or explosive devices or any sort whatsoever; martial arts weapons, including but not limited to , nun chucks, throwing stars and the like; and any items carried with the intent to use to threaten or intimidate another. The term “weapons” does not include the lawful possession of personal security devices, intended for use by members of the public, including but not limited to mace, pepper spray, or other personal defense sprays.

Exceptions. The foregoing prohibitions do not apply to certified law enforcement officers; Federal law enforcement and protective service personnel; members of the Uniformed Services actively engaged in the performance of their duties; Sheriff’s Deputies; and security guards licensed to carry firearms and retained by the Bourbon County Government who are performing such services.

Concealed Carry of Handguns. County employees and officials who are not otherwise prohibited by state or federal law from possessing a firearm may carry concealed handguns (NOTE: ONLY HANDGUNS) in conformance with the Kansas Personal and Family Protection Act, K.S.A. 75-7c01 et seq., as amended. Employees and officials who carry concealed handguns in County vehicles or their personal vehicles while conducting County business must secure their handguns in a locked and secured handgun safe or in a locked compartment within the vehicle any time the handgun is not otherwise concealed on their person. Carrying a concealed handgun is not within the course and scope of employment with exceptions only for law enforcement personnel noted in the paragraph above.

Regardless of this provision, the General Policy still applies to all County employees, officials and contractors, with the above described Exceptions.

Contact the County Clerk with any violations regarding this policy.

Adopted this 26^th day of July, 2016

ATTEST: THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

Kendell Mason, Bourbon County Clerk (ss) Barbara Albright, Chairperson

(ss) Harold Coleman, Commissioner

(ss) Lynne Oharah, Commissioner

July 26, 2016 Tuesday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners and the County Clerk present.

Also present were Tammy Helm with the Fort Scott Tribune, Nick Ruhl, John Allison and Jeff Fischer.

Jim Harris presented from Holly Shafer with Shafer, Kline, and Warren an application for permit for access entrance to a county public right-of-way. This application could be used to allow contractors to install culverts instead of the County. The permit is what a resident would fill out to apply for a culvert to be installed. The price (to the requestor) for a culvert to be installed by the County is on the County website. If a contractor installs the culvert, the work before and after the install has to be inspected by the County and the project has to meet the County’s specifications. Once the culvert is installed and inspected the County is liable for. The County will not sell culverts to the contractor or the requestor. There was no decision to allow contractors to install at this point.

Barbara reported to Jim Harris that Memory Gardens Cemetery requested gravel as well as a pothole in the lane there.

Josh Jones arrived at the Commission meeting.

Justin Meeks discussed the landfill; Barbara previously asked if Bourbon County should be in the landfill business. Justin said leasing the landfill out is not a possible option. He said the landfill has a small margin of profit, which is spent on personnel and equipment for the landfill. He said the landfill doesn’t make a surplus of money to save for future expenses. Justin said the Commissioners need to look elsewhere for ways to boost the landfill. Harold left the meeting to attend a funeral. Justin suggested possibly raising the rates at the landfill or transferring money from other funds to operate the landfill. He estimated a need for an additional $55,000 to operate the landfill (this money could help create a fund for future purchases or expenses at the landfill). Barbara asked if the County could give a discount to local trash haulers; Justin said that could be a possibility, but the margins already are small. Josh Jones said that Allen County could not give breaks since it is a County operation, if it was a private operation he said they could give breaks. Barbara said Bourbon County needs to stay competitive with other surrounding landfills in order to encourage people to use the Bourbon County landfill. Josh Jones (previous owner of Fort Scott Sanitation) said that the new transfer station makes it much easier and faster for haulers to dump the trash. No final decision about the landfill was made.

Bobby Reed, Ben Cole and Bill Martin met with the Commissioners to discuss the Sheriff and Correctional Center budget. They presented a revised budget. Bill said that as of June 30, 2016 he was at 50% of the wage budget. He said he was requesting an increase in the under sheriff’s wages; he said the under sheriff is currently paid $35,236.00 he requested that this be changed to $38,328 (he said this is the same wage that the jail administrator receives and he said these jobs are comparable). Bill said he is budgeting for a 5% increase in overtime to cover for hospital sit-ins and investigations. Bill said that the deputies are subpoenaed to court for all cases that the deputy is involved in. Bill said they keep patrol vehicles for at least 100,000 miles, he said he has 2 vehicles that have over 160,000 miles, he said eventually these vehicles will need to be replaced. Bill said he buys new vehicles in order to get a warranty on the vehicles; he said they could purchase a used vehicle from the highway patrol but discussed how those vehicles are involved in chases. Barbara asked if the sheriff’s department was getting fuel from the County barn to get gas cheaper than a convenient store; Bill said they get their gas at the convenience stores, he felt that it puts the deputy out in the community to be seen. Bill said that the treasurer fills out forms to get a reimbursement from the State of Kansas for fuel purchases. Rhonda Dunn said she worked with a vendor for gas vendor to get a fuel card program for the deputies; she said this didn’t work out with this vendor. Rhonda said we don’t pay State tax on bulk prices of fuel, but do pay State tax on local fuel purchases. Josh Jones questioned if the County had asked for bids from local bids if the County were to purchase fuel for vehicles at only one vendor. Both Barbara and Lynne said that they needed to use the County facilities for fuel in order to save money. Bill said he wanted to save money, but also wanted to help local businesses. The Sheriff requested a total of either $656,293 or $655,793 depending on the under sheriff raise or other adjustments.

Bobby Reed discussed the Correctional Center budget. He requested $580,675.25 for wages (Bobby said no increase was factored in this figure), Bobby presented proposed wages for the major and captain positions, he said he is not asking for these wages, but due to an executive order it could mean the jail administrator could make $52,706.59 compared to $38,328.59 now and the director of security could make $45,622.11 compared to $33,178.58 now, $209,330 for contractual (part of the contractual budget included $63,875 to cover for 5 inmates housed out daily, Bobby said in 2016 they have averaged housing out 3 daily), he requested $161,600 for commodities ($1,600 of this was for a membership with KCAMP jail guidelines – a program through the counties insurance that will help dictate laws and rules that apply to the jail), $25,000 for capital outlay for unexpected equipment failure purchases or repairs. Rhonda Dunn said she checked with Phillips 66 (which would be Pump n Pete’s in Fort Scott) she said they offer tax exempt billing and a 15 cent discount/gallon for the first 6 months, after the 6 months they will get a 2 cent/discount on fuel, Rhonda said they charge a late fee of $75.

At 12:00, Barbara made a motion to break for lunch and reconvene at 1:30, Lynne seconded, motion passed.

Rhonda Dunn reported to the Commissioners that when the County buys bulk fuel, they save 18.3 cents/gallon for federal tax; she discussed the bulk rate discount that the County receives from Judy Fuel & Oil. She said that if the County did a Phillips card they would not be paying the federal tax charge. Rhonda said there are only two locally owned gas stations in the County; she said the other stations may be ran locally, but not owned locally.

Treasurer, Rhonda Dunn presented to the Commissioners a report on idle funds as of 6/30/2016. She said in the treasurers, ach and payables account there is $3,531,809.05 total at Landmark and $6,310,591.62 at UMB Bank. She said there is $1,640,174 invested in CD’s which has earned $5,171.03 in interest. She said the total accounts value equals $11,482,575. Barbara discussed the sales tax revenue; she asked Rhonda if she knew where the different sources of sales tax where coming from, Barbara wondered if the money was generated from cars, hotels, tourism or the LaRoche ballpark; Rhonda said she didn’t know, but there was discussion over the increase in revenue due to tourism in Bourbon County.

Barbara made a motion to adopt Resolution 19-16, Weapons in the Workplace (the resolution is attached to the minutes), Lynne seconded and all approved.

Terry Sercer met with the Commissioners to review 2017 budgeted requests. The first draft of the budget shows an increase to the mill levy of approximately 8.5 mills (due to increased budgeted expenses). The Commissioners reviewed the budgets; they reduced some of the estimates in the employee benefit fund, reviewed and made corrections to some of the line items. Terry initially did a budget based on all of the 2017 requests; the Commissioners reviewed the numbers and adjusted some numbers. Terry will make the adjustments and present a revised budget on August 4, 2016 at 1:30.

At 4:15 Lynne made a motion to adjourn, Harold seconded and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Lynne Oharah, Commissioner

(ss) Harold Coleman, Commissioner

ATTEST:

(ss)Kendell Mason, Bourbon County Clerk

08/09/2016, Approved Date

July 25, 2016 Monday 10:00 am

The Bourbon County Commission met in open session for a special meeting for a law enforcement center update. All of the Commissioners and the County Clerk were present.

Also present were Tammy Helm with the Fort Scott Tribune, Kevin Rost with Goldberg Group Architects, Gary Walker with Universal Construction, Jeff Fischer, Mike Feagins, Craig Rice, Nick Ruhl, Ben Cole, Bill Martin, Alvin Metcalf and Bobby Reed.

Kevin Rost discussed the soil at the building site; he said there is anywhere from 8”-36” of soil on top of the rock, he said there will have to be some soil hauled to the site. Kevin discussed the bid packages that have been requested he said some of the bids have come in higher and some have come in lower. He said they have had poor participation from bidders. The project should be completed in summer or fall of 2017.

The pre-engineered metal building bid request – 14 contractors were contacted, one week prior to bid, they were down to 4 contractors, 1 day prior to bid due date they were down to 1 contractor, bid date was extended to solicit additional bidders, final result = 3 bids were submitted. The bid came in $188,000 below what was allocated for the metal building.

The mechanical bid package request – 6 contractors were contacted, several days prior to bid they were down to one contractor, the bid date was extended to solicit additional bidders, final result = 2 bids were submitted.

The plumbing bid package – 7 contractors were contacted, several days prior to bid they were down to one contractor, the bid date was extended to solicit additional bidders, final result = 3 bids were submitted.

The electrical bid package – 7 contractors were contacted, several days prior to bid they were down to one contractor, the bid date was extended to solicit additional bidders, final result = 3 bids were submitted.

The fire protection bid package – 5 contractors were contacted, final result = 1 bid was submitted.

The detention equipment bid package – over 15 contractors were contacted, 4 contractors submitted their qualifications, final result = 1 bid was submitted.

The security electronics bid package – over 15 contractors were contacted, 3 contractors submitted their qualifications, final result = 1 bid was submitted.

Bid packages for the concrete and the masonry will be released in the near future.

Local contractor participation has been minimal with a total of three bids received so far, which is about 34% of all bids received.

Universal is working putting together an updated cost estimate for review.

Kevin stated that they are reviewing the mechanical, plumbing, electrical, detention equipment, and security electronics bids and are asking the contractors to identify anything they can see that could be a cost savings. He said once all the contractors numbers are finalized, they will be able to provide final numbers.

Barbara and Lynne reminded them that the project needs to stay under the $6.85 million budget. Larry Goldberg previously stated that the project could be $1 million over budget. Gary Walker stated that it would be no benefit to him or his company for the project to go over budget, he said if it comes in over budget he is at risk of loosing the project. Kevin said if the project comes in over budget, they will all have to work together as a group to make decisions. The building will be a 1 ½ story facility. Kevin said they should be able to provide an updated estimate in a few weeks.

Mike Feagins questioned if the plans are still the same as what was voted on; Kevin said yes, he said there have been very little changes to the plans. He said there have been some square footage added to different areas of the building, he said they may need to look at reducing that to reduce expenses. Kevin said that prior to the election a generic design was presented.

Jeff Fischer questioned if there were any liquidation damages or early completion bonuses, Gary Walker said no there is not.

Lynne Oharah stated that he hears from the public that we are already paying for a jail that we don’t have; he said he reminds them that they are paying for a bond and the note for the bond will be paid off at the same time whether the building is there or not.

Rhonda Dunn asked if there was a draw schedule; Gary said there would be one in a few weeks. Rhonda said she has invested the sales tax revenue with UMB investment services and so far has received approximate $5,000 in interest. She said the County has received approximately $500,000 in sales tax revenue which is an average of $62,000/month. She said the sales tax revenue appears to be on target to meet the project estimates.

Bobby Reed said a lot of cuts have been made to the project to make it work.

Barbara said they rely on the expertise of Goldberg Group Architects and Universal Construction; she said she appreciated them being upfront with the Commissioners and keeping the Commissioners informed on the project.

There was some discussion over different parts of the project that could possibly be completed by the County (or even possibly using the inmates to do some work).

At 11:25, Barbara made a motion to adjourn and Lynne seconded.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Lynne Oharah, Commissioner

(ss) Harold Coleman, Commissioner

ATTEST:

(ss)Kendell Mason, Bourbon County Clerk

08/09/2016, Approved Date

July 19, 2016 Tuesday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners and the County Clerk present.

Tammy Helm with the Fort Scott Tribune was also present.

Pat Murphy was awarded the 2016 hay bid for Elm Creek Lake; he asked for an extension to remove the hay due to the amount of rain the County has had. The Commissioners all agreed to give an extension to remove the hay.

Jim Harris reported they have been working on Maple Road; he said they will be chip and sealing some of Maple Road. He said they have also been repairing Lake Road and have removed all of the items they were asked to remove from the future jail site.

Jim said next week they will be working at the Industrial Park; he said they will mill the cracks in the road, patch and then overlay with 2-3” of asphalt.

Lynne reported that the Mayor of Mapleton requested that the County complete the chip and seal on the radius on intersections in 2016 (Mapleton will pay for the material). The County had planned to do this in 2015, but ran out of material.

There was discussion over the overgrowth over the roads in the County and the use of the side arm mower; Jim said there is only one employee that runs the side arm mower, he said the employee is doing a good job.

Lynne complimented grader operator Keith Brown for the work he is doing in the Northwest corner of the County.

Bill Martin and Alvin Metcalf met with the Commissioners to discuss the Sheriff and Correctional Center budget for 2017. Bill requested a total of $678,338 for the Sheriff’s department. He said that currently the under sheriff makes less than the jail administrator; he said he felt that the duties were comparable and that they should both be paid the same, so he increased the wages for the under sheriff. He said that they budgeted $54,932 for overtime in 2017 for the cost associated with court appearances. He discussed the $6,876 budgeted for records management as well as the $4,319 for Verizon, he said that this is for the mobile data management for the vehicles. Bill said he budgeted $3.00/gallon for fuel in 2017. Bill reminded the Commissioners that there will be an expense to the County due to the COPS grant paying 100% in 2016, but the County will have to pay a percentage in 2017.

The 2017 budgeted request for the Correctional Center was $976,605.26. This included $580,675.26 for wages (based on the current wage), $209,330.00 for contractual, $161,600.00 for commodities and $25,000.00 for capital outlay (for unexpected equipment failure or purchases or repairs). There was discussion over the out of County housing expense (currently there are 8 housed out); Alvin said they will not have this expense once the new jail is complete. Barbara questioned if they were purchasing ammunition locally; Bill said currently they are not buying locally, he said they are waiting to see how the local ammunition tests their ammunition before purchasing there.

John Coyan and Karen Endicott-Coyan met with the Commissioners to present the 2017 budget request for the Bourbon County Fair Board. The Fair Board requested $11,250 for 2017 (the same amount they will receive from the County in 2016). Karen thanked the County for all of the money the County has given to the Fair Board as well as all of the in-kind donations the County has given to the Fair Board. Karen discussed the events that have been held at the fairgrounds; she said the events bring people to the County and those people are spending money here. She said they have added on to the poultry barn and plan to power wash and paint some buildings in the fall. She said generally all of the work that is done at the fairgrounds is done by volunteers.

Maybelle Mertz met with the Commissioners; she reported that one mile West of 69 highway on Deer Road at the first intersection; there are high weeds at the Northwest corner which makes it hard to see around the corner. The Commissioners reported this to Jim Harris.

Cindy Lane the director for Southeast Kansas Area Agency on Aging presented their 2017 budget request. They requested $3,000 for 2017. She said this is agency covers a 9 County area. She said the State cut funds for the Senior Care Act which cut $192,000 from the SEK Area Agency on Aging. She said the SEK Area Agency on Aging is an organization that helps keep elderly people in their own homes (she said they assist the elderly with cooking, cleaning, bathing, etc.). She said there are 32 customers in Bourbon County that they assist. She said if there is not enough money available to run their program and to keep the people in their own home the residents will likely go to a nursing home. She said they can not add any more customers due to the financial cuts they have received.

At 11:40, Lynne made a motion to suspend for lunch and reconvene at 1:00 pm, Barbara seconded and all approved.

Kenny Wunderly, as well as two EMT’s with Mercy Hospital and Will Wallis met with the Commissioners. Will presented a signed (signed by Scott and Drywood Township Board) automatic aid agreement. The automatic aid response portion stated “as part of this agreement, the Scott Township Rural Fire Department will/may respond with staffed engine(s), tanker(s) and brush rigs(s) to ALL reported or confirmed structure fires, grass fires and motor vehicle accidents in the normal response area of the Garland Rural Fire Department in Scott and Drywood Townships on First Alarm. In addition, the Scott Township Rural Fire Department will/may respond to all EMS assists on First Alarm to the area of southeast Scott Township served by the Garland Rural Fire Department will/may respond with Engine(s) tankers(s) to all reported or confirmed structure fire on First Alarm to the normal response area for the Scott Township Fire Department. First Alarm to the area of southeast Scott Township served by the Garland Rural Fire Department.” The mutual aid response section stated “As part of the agreement, the Scott Township Fire Department will/may respond to any EMS assist and/or other incidents in the normal response area for the Garland Rural Fire Department in Drywood Township and subscribed areas of Vernon County, Missouri upon mutual aid request. In return, the Garland Rural Fire Department will/may respond to any mutual aid request for grass fires, EMS assist and other incidents in the normal response area for the Scott Township Rural Fire Department”. Will is going to ask Justin Meeks to review the agreement. There was a question on the agreement if Scott Township will get calls to go to all Drywood calls. Mercy Hospital previously had a concern that there would not be any assistance for them in calls in the Drywood area; this agreement will ensure that there will be support from the fire departments for calls. Will also presented a list of the 26 calls that Fort Scott Fire Department has dispatched Garland fire department to in 2016.

Barbara said she felt that it was important that the Commissioners have an update on the jail project and review the jail progress as well as review the budget for the jail to make sure the project is within the budget limits. The meeting will be held on Monday, July 25th, at 10:00 am.

The August 2^nd, 2016 Commission meeting has been cancelled and will be held on Thursday, August 4^th, 2016.

At 3:06, Harold made a motion to adjourn and Lynne seconded.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Lynne Oharah, Commissioner

(ss) Harold Coleman, Commissioner

ATTEST:

(ss)Kendell Mason, Bourbon County Clerk

07/26/2016, Approved Date

July 18, 2016 Monday 9:30 am

The Bourbon County Commission met for 2017 budget meetings at 9:30 am, present for the meeting were Barbara, Lynne, Kendell and the auditor Terry Sercer. Harold arrived at 10:10.

The Commissioners and Terry reviewed the 2017 requested budgets.

Terry will work on the County budget and present a preliminary budget to the Commissioners at a later date.

At 10:25, Barbara made a motion to adjourn and Lynne seconded.

THE BOARD OF COMMISISONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Lynne Oharah, Commissioner

(ss) Harold Coleman, Commissioner

ATTEST:

(ss) Kendell Mason, Bourbon County Clerk

07/19/2016, Approved Date

July 12, 2016 Tuesday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners and the County Clerk present.

Also present were Tammy Helm with the Fort Scott Tribune, John Allison and Jeff Fischer.

Jim Harris presented an application from Joe Wimmer for Heartland Electric to do a 36” deep cut into the County road at 2510 Xavier Road to put electric to the grain bins on the Wimmer property. Barbara made a motion to approve the permit, Harold seconded and all approved. The Commissioners all signed the permit.

Jim discussed the landfill fund; he requested that the Commissioners sign for approval to transfer $5,249.84 from the Landfill fund to the Landfill Construction Fund (Jim said the landfill construction cost over $300,000 and they didn’t borrow this much; Lynne made a motion to transfer $5,249.84 from the Landfill fund to the Landfill Construction Fund, Barbara seconded and all approved. After this transfer is made the Landfill Construction Fund will be closed.

Jim Harris presented to the Commissioners a forecast for a 10 year list of equipment replacement for the Road & Bridge Equipment. The list included the equipment, the year, make, model and hours on the equipment as well as a possibly target year to replace each piece of equipment. He said since he has been in the position of the Road & Bridge Director they have paid cash for most of the equipment they have purchased and have financed very little. The Commissioners continued to review the list of Road & Bridge equipment in the afternoon.

Rhonda Dunn presented a list of revenue and expenses with cash as of June 30, 2016. She said the County is right where it should be for revenue; she said the revenue is right on target. She said there are three funds that have negative cash, (the worthless check fund; which should be a negative amount, the Landfill Construction Fund, which will be fixed with the $5,249.84 transfer and the NRP fund which she said a refund check was put in the wrong account and this will be corrected on the July reports). Rhonda reported that the County switched to Landmark National Bank in 2016; she said the County has received over $3,000 in interest fees for 2016 and has paid approximately $800 in bank fees.

Frank Miller questioned if the Commissioners had made a decision on what to do with the Landfill; the Commissioners said they hadn’t decided anything yet.

Darrell Bloomfield with Drywood Township Board and Don Banwart with Scott Township Board along with Will Wallis, Roberta Bloomfield, Ruth and Lester Waring, Dennis Krom, and Richard Cullison. Don Banwart said that a suit had been filed by the Garland Fire District against the Scott and Drywood Township board. He said this lawsuit tried to put a permanent injunction so that Drywood and Scott Township board couldn’t interact with the Drywood board. Don said the Townships had hired an attorney and have requested an audit on the Garland fire district. Don discussed the safety factor with the fire districts. There was a truck fire in Drywood; Arma was paged and responded first to the fire, Garland was paged and eventually appeared at the fire, Scott Fire district was not paged to the scene even though they have mutual aid. Scott said they will send a memo to dispatch asking that they receive a page for all of the Scott Township calls. Justin Meeks said that there was a legislative update on July 1, 2016 which allows a township to request through the Commissioners an audit of a fire district (at a cost to the requesting Township). Justin Meeks suggested to the Commissioners that they not discuss the Townships and Fire Districts due to the pending litigation. Don Banwart discussed a vacancy on the Township board; he said this position may be filled after the election. Barbara commended the volunteer departments. Ruth Waring said that when they were on the fire district they were volunteers that took their job seriously.

Barbara made a motion to go into a 5 minute executive session for matters relating to the security of a public body or agency, public building or facility or the information system of a public body or agency, if the discussion of such matters at an open meeting would jeopardize the security of such public body, agency, building, facility or information system, Lynne seconded and all approved (the session included the Commissioners and Justin Meeks). After the session the Commissioners addressed Darrell Bloomfield with Drywood Township Board and Don Banwart with Scott Township Board along with Will Wallis, Roberta Bloomfield, Ruth and Lester Waring, Dennis Krom, and Richard Cullison; Lynne said that the County Commissioners can’t discuss anything with the Township due to the pending litigation. Lynne said that regarding safety, he wants Will Wallis the Emergency Preparedness Director to get involved, he asked that Will Wallis work with the Townships.

At 11:21, Barbara made a motion to suspend the meeting for lunch and reconvene at 1:30, Lynne seconded and all approved.

The Commissioners met with Jim Harris to continue reviewing the Road & Bridge equipment and a 10 year replacement plan. The equipment list is attached.

Justin Meeks discussed the weapons in the workplace policy for Bourbon County. Barbara questioned Justin if the elected officials should be called to be present to discuss the weapons in the workplace policy; Justin said this is a legislative mandate and there is nothing the elected officials can do regarding the policy. The Commissioners did not sign the policy, but will discuss again on July 19^th. Justin presented a 2016 legislative update to the Commissioners; he briefly discussed the changes, he discussed conceal carry, changes to the juvenile Justice systems, sentencing guidelines and open records in regards to law enforcement video recordings. These changes are all available on the Kansas legislative update website.

Harold made a motion to go into a 10 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Harold seconded and all approved (the session included the Commissioners and Justin Meeks). No action was taken.

The Commissioners discussed the Heritage Grant; Lynne is going to meet with the HPA representatives to make sure that the grant is written properly and timely.

Harold is going to meet with the City of Fort Scott regarding the handicap parking on the North side of the jail.

At 3:22, Barbara made a motion to adjourn, Lynne seconded and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Lynne Oharah, Commissioners

(ss) Harold Coleman, Commissioners

ATTEST:

(ss) Kendell Mason, Bourbon County Clerk

07/19/2016, Approved Date

July 5, 2016 Tuesday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners and the County Clerk present.

Also present were Mike Dunivan with the Fort Scott Tribune and Jeff Fischer.

Harold reported to Jim Harris that Tom Hill contacted him; he said the County sprayed the thistle in his area in the ditches, but failed to spray his.

Joe Dawson a resident of 740 190^th met with the Commissioners regarding an issue that happened on May 3^rd; he said the Sheriff had turned the issue over to the County Attorney; he questioned why nothing had happened with the issue for over 2 months now. The Commissioners suggested that he contact the County Attorney’s office.

Jim Harris provided estimates for the Landfill replacement trailer; he said a new one is approximately $65,000 a used one averages $44,500-$62,000. Jim said the existing trailer may last 3 days or 3 months (he said they had fixed the hydraulic issue the trailer had). He said eventually the County will have to replace the trailer. He said if it quits the County will have to use the asphalt trucks to continue operating the Landfill. Barbara said the Commissioners have been faced with a lot of equipment expenses, she said they have added lease payments as well as paid cash for some equipment. She asked Jim to provide a review of all the equipment to see what other expenses the County could face. Jim said he would provide a 10 year equipment program on July 12^th. There was discussion of the $300,000 cut that Road & Bridge is facing in the 2016 budget. Barbara commended Jim on the amount of work that they have done on the roads in the County.

Lynne asked that Jim see if there is any rebar in the old concrete at the new jail site.

Harold reported to Jim that on 245^th North of Tomahawk there is water running out of the blacktop; Jim said he would look at this.

Barbara reported to Jim that she received a message stating that on Eagle road from 69 Highway to State Line needs patching. Jim said he would look at the road, he said they will start patching in a few weeks.

Lynne reported that there is a culvert that is in the process of being replaced on 95^th that filled up with water from the rain.

There was discussion over Jayhawk Road; Jim said he felt they should continue milling the areas that were approved to be repaired and then re-evaluate the road in August.

Jeff Fischer left the meeting.

Harold made a motion to go into a 20 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Lynne seconded and all approved (the session included the Commissioners, Justin Meeks and Kendell Mason). No action was taken.

Shane Walker, Eric Bailey Rhonda Dunn, Rhonda Cole, Clint Anderson, Lora Holdridge, Will Wallis, Justin Meeks, Bobby Reed, Bill Martin and Ben Cole met with the Commissioners. Justin informed the department heads that if a special meeting is called with an agenda; then the agenda can’t change and what is on the agenda is what can be discussed in a special meeting. Bobby Reed said the Correctional Center 2017 budget is not done due to changes that have been made regarding overtime rules. Justin Meeks said that there is a new executive order that goes into effect 12/1/2016 stating that an exempt employee has to make $47,476 annually. Justin said this will affect two of he County employees, both of which are in the jail; the position of the major and captain (both of these positions are on call). If the two positions are left the same; Justin and Bobby estimated that it would cost the County $26,000. Bobby said he needed clarification from the Commissioners on what they plan to do so he can do his budget. Justin said the other positions that are exempt from overtime; the Commissioners could limit the amount of hours they work so they don’t work over 40 hours a week or 80 hours in a pay period. There was discussion over comp time; Rhonda Dunn felt some departments had been using comp time. Bill Martin said he had instructed Bobby Reed to do the 2017 budget for the jail as he had in the past; he said he expected the Commissioners to make adjustments to the budget based on whatever decision they make regarding overtime. Bill said he would do the same with the Sheriff budget. Bobby Reed said that in 2013 the overpopulation in the jail caused a budge issue; the Attorney and Assistant Attorney were then put over the jail budget and they decided those positions should be exempt. Rhonda Dunn questioned why the jail administrator is salaried and the under sheriff is not (Barbara replied it was done as a cost savings for the County). Bill Martin said that under sheriff Ben Cole doesn’t put down overtime that he works; Bill said when he was under sheriff he didn’t always put his overtime down. Bill Martin said if the County moves certain positions to making $47,476 then there will be employees making more than the elected officials; he asked how the Commissioners felt about this. Bill said if these positions are moved to hourly, it could cost more than the executive order of paying the minimum of $47,476. Rhonda Dunn questioned if any of the department heads had reviewed their budgeted revenue; Rhonda will give revenue reports to the department heads for them to review regarding budgeted revenue for 2017. There was discussion over doing the ALICE training; they are trying to decide on a time to do 8 hours of training for the Courthouse employees. On July 1^st, a transformer went out for the Courthouse which left the building without power. Barbara was notified by Shane Walker of the incident; an emergency meeting was called and it was decided to keep the Courthouse open (based on budget). Rhonda Dunn stated that the Commissioners did not ask for input from the department heads when trying to decide whether to keep the Courthouse open. Rhonda said she was gone that day, but wasn’t notified until 1:15 that the Courthouse remained open; Shane said he had tried notifying her deputy, but he had a wrong number for her. Will Wallis (Emergency Preparedness Director) said a plan needs to be developed for notifying in an emergency. Will Wallis said he will be doing an E.O.C. exercise to better prepare employees in an emergency situation.

Rhonda Dunn brought up wages when doing budgets; she suggested addressing wages with all employees not just the department heads. Lora Holdridge said if the County doesn’t give raises; then why would we expect loyal employees to stay here or why would they give 100% to a County that’s not doing anything for them. She said she turned part of her budget back in at the end of the year, but the employees aren’t getting anything additional.

At 11:45, Barbara made a motion to break for lunch and reconvene at 1:45, Lynne seconded and all approved.

Robert Query met with the Commissioners and Justin Meeks regarding the landfill. Robert said the landfill with the C&D disposal is a convenience for the citizens of Bourbon County as well as important for economic development. Justin said that a year ago the Commissioners reviewed the Landfill budget; at that point Barbara questioned if the County should be in the landfill business. Justin said that they have considered selling, keeping the landfill as it is or lease the landfill out (in order make the landfill pay for itself). Robert said there is no reason that the Landfill can’t work if the County controls the gate fees. Barbara said at this point they are looking at leaving the Landfill as status quo or increasing the gate fees. Robert suggesting looking at the operations of Road & Bridge if the County wants to see how to save money. Robert talked about the Road & Bridge starting work at 7:00 am, he said if they have a flat tire, instead of putting the spare on they will go wait for Durossettes to open at 8:00 to get the tire fixed. He said the County is making bank payments on trucks and if they aren’t running the County isn’t making money. Robert said he viewed the work that was recently done on the Hammond Road; he discussed how rough the road is. Robert said when he was a Commissioner they spent time viewing the roads as well as spent time with the Road & Bridge employees. Robert said that no one looks at the common sense side of Road & Bridge. Robert said the County should worry about a lawsuit in regards to the condition of the cracks in the porch on the East side of the Courthouse.

Rhonda Dunn said she had attended a Heritage Trust Fund grants meeting. Which the County could apply for a grant to help pay for the repairs to the East porch. She said it is quite a process to get a grant. She said she is ready to get the process started, but the money won’t be available until 2017. She said the preliminary application is due September 1^st, 2016.

Rhonda Dunn presented the 2017 budget for the Treasurers office. She requested $106,062; her 2016 budget is $107,312. She said she will be paying a 3^rd party to print and mail her tax statements. She said the Commissioners could reduce the General funds budget by $4,500 for postage, since she had included the cost of the mailings in her Treasurer’s budget.

Clint Anderson presented the 2017 budget for the Appraisers office. He requested $268,162. He said the contractual portion of his budget increased due to the fact that they will be doing postal presort; he said he had reduced the amount of overtime in his budget due to the fact that they are using postal presort.

Kendell reported that the Bourbon County estimated assessed valuation as of July 1, 2016 is $98,157,297; the 2015 valuation was $95,629,437.

Lynne made a motion to go into a 15 minute executive session for non-elected personnel to protect their privacy, Harold seconded and all approved (the session included the Commissioners, Kendell and Justin Meeks). No action was taken.

Rhonda Dunn discussed the tax lid with the Commissioners; she said that there are other counties that are moving their Sheriff’s department to their own fund so that it doesn’t affect the Counties tax lid.

Barbara made a motion to go into a 3 minute executive session for non-elected personnel to protect their privacy, Harold seconded and all approved (the session included the Commissioners, Justin Meeks and Bill Martin). No action was taken.

The Commissioners, Justin Meeks, Bobby Reed, Alvin Metcalf and Bill Martin discussed the new overtime rules. Justin said the Commissioners have 3 options regarding salaried staff, due to a new overtime rule. He said the Commissioners can move a salaried individual to an hourly wage, they could increase a salary to $47,476 or they can keep the salaries the same and pay limited overtime or no overtime. Barbara questioned if the jail could do cross training to move some of the duties of the salaried individuals to others, Bill said if more duties are given to an employee, then they should get more pay. The Commissioners questioned how many hours of overtime it would require if the captain and major in the jail would work if they received overtime pay. Bobby Reed estimated 10 hours per week per position. Justin said the County could change the Captain to an hourly rate and keep the major salaried and pay overtime. Lynne said the positions could be left the same and the overtime could be limited. No decision was made on what to do with the position of Captain or Major.

Frank Halsey with Mid Continental met with the Commissioners regarding the East steps at the Courthouse; the Commissioners asked his opinion on the steps. Mr. Halsey said he would get the Commissioners a list of structural engineers.

At 4:14 pm, Harold made a motion to adjourn, Lynne seconded and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Lynne Oharah, Commissioner

(ss) Harold Coleman, Commissioner

ATTEST:

(ss) Kendell Mason, Bourbon County Clerk

07/19/2016, Approved Date

July 1, 2016 Friday 11:30 am – Emergency Meeting

The Commissioners held an emergency meeting due to a transformer for the Courthouse going out and causing the Courthouse to lose power. Present for the meeting were Commissioners Lynne and Barbara, Deb Schoenberger, Justin Meeks, Shane Walker, Will Wallis and Bobby Reed.

Also present were Jason Silvers with the Fort Scott Tribune and Larry Gazaway with KOMB.

Will Wallis said that a transformer blew and forced a power surge, this caused a large cable to get hot that goes into the building causing an odor as well as caused a power outage. Will said he wasn’t happy with how the generator was performing. District Court closed and sent their employees home. Without power the Courthouse could not offer any services. It was decided by the Commissioners to keep the Courthouse open until 4:30 pm. It was decided that employees could leave if they choose and be back to work by 1:00 pm; if they decide not to come back to work they can take vacation time from 1:00 – 4:30.

The meeting adjourned at 12:00.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Lynne Oharah, Commissioner

_______________________, Commissioner

ATTEST:

(ss) Kendell Mason, Bourbon County Clerk

07/05/2016, Approved Date

June 2016

June 28, 2016 Tuesday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners and the County Clerk present.

Tammy Helm with the Fort Scott Tribune, Nick Ruhl and John Allison were also present.

Jim Harris reported that they are finishing the asphalting at Hammond today and will return in a few weeks to chip and seal; Brian Wade complimented Jim on the work they have done near Hammond. Jim said they will move to the Uniontown area to work next. He reported that they are milling the West and South side of Fort Scott Lake. He said they are side trimming around Bourbon Allen Lake. Harold reported that an area near Condensory and Poplar Road needs trimmed. Lynne reported that brush needs trimmed on Maple and 125^th going towards Uniontown.

Jim reported that they are having mechanical issues with the trailers that are hauling debris to Iola from the Landfill; he said they average $40,000-$60,000 each to replace. He said he will present information to replace one trailer to the Commissioners next week. They discussed the new transfer station; the Commissioners discussed how much better the transfer station looks; Harold complimented Diana Ballou on the work she has done cleaning up the Landfill. The Commissioners discussed the hopper (that isn’t being used) and what to do with it; no decision was made.

Jim reported that they passed the KDHE inspection at the Transfer Station.

Barbara suggesting reviewing the policies that have been put in place regarding the permitting process from Shafer, Klein and Warren.

Tink Miller questioned if the Commissioners had decided to do anything with the Landfill; the Commissioners said no decision had been made, but that it would be discussed at 2:00 pm.

There was discussion over the roads getting narrower in the County (mainly northern Bourbon County); John Younggren said the roads are getting narrower and that when meeting another vehicle and pulling over they are ruining tires. He also discussed a hole that the County patched incorrectly. Jim Harris said that he is open for suggestions to make the roads better.

The Commissioners had a road closing hearing discussing closing a portion of Yale Road between 255^th & 265^th street for approximately 5500’ in the SW ¼ and the SE ¼ in Section 23, Township 23, Range 25 and the NW ¼ and the NE ¼ in Section 26, Township 23, Range 25, Osage Township, Bourbon County, Kansas. Present for this meeting were Joe and Barbara Peine, Pat Thornberry, Clyde Wndel, Steve Johnson, Mercer Faulkner, Bob Larkin, John Younggren, Brian Wade and Don Hutchinson, Petitioner Clay Guthrie was on speaker phone. Harold said they rarely have any opposition to a road closing, but the landowners requesting the closing do not live here, but was glad that they pay taxes here. Harold said he won’t go against the wishes of the protesters. Harold said when closing a road; the road is lost and closed forever. Lynne said that residents were given permission from the petitioner to cross their property if needed; but Lynne said that landowners could change and fences could be built. The Piney’s presented pictures of the Indian Creek Bridge (which is on the road being petitioned to be closed); they felt the bridge could be placed on the National Register. Lynne suggested not maintaining the road anymore than they do now. Barbara questioned if it was left open, the County wouldn’t maintain. Mr. Guthrie said if the road isn’t closed, then he felt the County would have to spend some resources to maintain. Barbara suggested placing dead end signs or bridge out signs to detour people from driving down in the area. Barbara suggested that the County put a turn-around area in. Bob Larkin said he was raised in the area and said there has never been an issue with this road being open. He discussed the Piney’s needing to use the road to get out if there is flooding in the area. Barbara Piney said they appreciated the work that the County has done on a low water bridge in their area. She expressed concern over not being able to use the road in an emergency and having to take the time to cross the Guthrie’s property. She said they felt the main reason Mr. Guthrie wanted to close the road was so that he could establish a large hunting area. Pat Thornberry also needs to use the road that is being petitioned to be closed, in an emergency. Lynne said he doesn’t like closing any road. Harold made a motion that the portion of Yale Road that was petitioned to be closed remains open and the petition die, Lynne seconded. Barbara said the petition was denied. Barbara said that the format used to close the road is what the County uses, she said just because someone wants to close a road it doesn’t make them a bad person. All of the Commissioners voted in favor of denying closing the road. A person in favor of the road closing said that they want to be good neighbors, and they didn’t think there would be any opposition to closing the road when they started the petition process. Barbara said they are going to keep the road open and maintain the road. The Commissioners all signed the denial of the road closing.

Lora Holdridge presented the Register of Deeds 2017 budget. She requested $90,550. She said that the Clerk, Treasurer and the Register of Deeds used to all be paid the same base pay, but that is no longer the case (the Register of Deeds makes less base pay then the Clerk and the Treasurer) and felt they should all receive the same base pay. She said she also felt that the office deputies ought to make a lot more than an office clerk. There was discussion over the County loosing money from the mortgage registration fees (which will be phased out by 2019); Lora said some of the loss will be made up due to increased filing fees.

Terry Sercer presented the 2015 audit report. The only violation the County had was that Road & Bridge had an ending cash balance of -$1,546.98 (he said this was due to the end of the year bills). Currently employee benefit is 3% over budget. Terry Said that the Road & Bridge budget was cut for 2016, but the budget is about the same as it was 3-4 years ago; however he said there is more debt now, so there is not as much available for supplies and expenses, he suggested monitoring the spending closely. Barbara made a motion to accept the 2015 audit, Harold seconded and all approved. Lynne asked that all of the departments get an electronic copy of the audit. There are a few extra hard copies available. Terry Sercer reminded the Commissioners that the 2018 budget will be more difficult due to changes that the legislatures had made.

Barbara discussed a letter to the editor in the June 4^th Fort Scott Tribune. It was stated in the paper (discussing a shortfall in the employee benefit fund) that “the office that created the shortfall was the clerk’s office because a figure was incorrect within the employee benefit fund.” Barbara, Lynne and Harold all agreed that the problem with the employee benefits fund being over budget was not due to the County Clerk. Terry Sercer said that it was an error due to him using the 2014 employee benefit numbers when doing the 2015 budget. He said that the County added 5 extra employees than was budgeted for. Terry said it was not a fault of the Clerk’s but an error when he projected the expenses. Barbara stated that the shortfall happened as a result of miscalculation.

The Commissioners and Terry Sercer will have a 2017 budget workshop on July 18^th @ 9:00 am to work on the 2017 budget.

Lynne made a motion to suspend the meeting for lunch and resume at 1:45, Barbara seconded and all approved.

Shane Walker presented the 2017 budget for I/T. He requested $182,863. He said this was $4,820 less than his 2016 budget. Lynne said that the fiber for the new jail was not included in the original part of the jail project; which will cost anywhere between $35,000-$70,000. Shane said once the fiber is run the County will have 3 internet providers.

Justin Meeks reviewed the policies on agendas on Commission meetings. He said once a special meeting has been published, you can not change the agenda (add items to the agenda).

The Commissioners opened a bid from Hester Transportation LLC for the purchase and removal of the Quonset hut building at 323 E. 20^th, Fort Scott. Leon Hester bid $100 for the purchase of the Quonset hut for salvage. Harold made a motion to accept the bid from Hester Transportation LLC, Barbara seconded and all approved.

Barbara made a motion to go into a 10 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Harold seconded and all approved (the session included the Commissioners, Justin Meeks and Jim Harris). After the session Lynne made a motion to give Counsel (Justin Meeks) the authority to do the initial investigation of possibly leasing the Bourbon County Landfill, Harold seconded and all approved. Justin said that the options for the Landfill are viable; he said he felt that the Landfill would not sell. Justin said it would be nice to keep the landfill service. Jim Harris said that solid waste costs Bourbon County to haul to Allen County. Leon Hester, Bobbie and Tink Miller and Doug Miller were present to discuss the Landfill. Bobbie said that their business has gone up and questioned how the intake at the Landfill had gone down. She said she felt that the use of the Landfill would continue to go up. Doug Miller said he would rather see the rates at the Landfill go up in order to keep the Landfill as a Bourbon County Landfill. Justin said he would rather keep the Landfill as a service for the County, but the way it’s currently funded isn’t working.

Barbara made a motion to donate the bucket truck to the City of Fort Scott, Lynne seconded and all were in favor. Harold said the County is completely relinquishing the truck and said the City can loan the truck to the County if needed.

Jim Harris reported to the Commissioners again that there are two trailers that the Landfill uses. He said one isn’t working and the other isn’t working well. Leon Hester suggested that the County inquire about leasing a trailer. Jim Harris said he would get estimates for leasing a trailer or purchasing a trailer.

Justin reported to the Commissioners that KCAMP will be providing a conceal carry policy that the County could revise for use.

Justin Meeks presented the 2017 budget for the Attorney’s office. He requested $296,478.78. He said he plans to have some carryover in his 2016 budget and hopes the Commissioners will allow this carryover to stay with his department.

Harold made a motion to go into a 5 minute executive session for non-elected personnel to protect their privacy, Lynne seconded and all approved (the session included Justin Meeks, Kendell Mason and the Commissioners). No action was taken.

Harold made a motion to donate $500 (and to pay for out of the Special Parks and Recreation fund) to the Elks Fireworks display, Barbara seconded and all approved.

At 3:32, Barbara made a motion to adjourn, Harold seconded and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Lynne Oharah, Commissioner

(ss) Harold Coleman, Commissioner

ATTEST:

(ss)Kendell Mason, Bourbon County Clerk

07/05/2016, Approved Date

June 24, 2016 Friday 9:00 am

The Bourbon County Commissioners met in open session for a special session to sign a fireworks permit. Present for this meeting were all three Commissioners and the County Clerk.

Barbara made a motion to approve the fireworks permit for Cathy Ramirez for a fireworks permit, Lynne seconded and all approved. Barbara and Kendell signed the permit.

Barbara moved to adjourn the meeting. Lynne seconded. All were in favor, meeting adjourned at 11:14.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Lynne Oharah, Commissioner

(ss) Harold Coleman, Commissioner

ATTEST:

(ss)Kendell Mason, Bourbon County Clerk

06/28/2016, Approved Date

June 23, 2016 Thursday 1:00 pm

The Bourbon County Commission met for a special meeting to discuss Courthouse Security. Present for this meeting were Commissioners Lynne and Barbara. Also present were Kendell Mason, Rhonda Dunn, Lora Holdridge, Joy Perkeypile, David Neville, Shane Walker, Eric Bailey, Clint Anderson, Jim Harris, Will Wallis, Bobby Reed, Alvin Metcalf, Angel Wilson, Judge Mark Ward, Bill Martin and Ben Cole.

Justin Meeks said he had reviewed other policies (including KCAMP’S) concealed carry policy. He created a rough draft of a concealed carry policy for Bourbon County. He referenced K.S.A. 75-7c20. He said 3^rd floor has to be secured by July 1, 2017. The draft of the policy would allow employees to conceal carry to work. Judge Ward said he understood that 3^rd floor may be treated differently than the rest of the Courthouse; he said that many other counties have a separate judicial building; however in Bourbon County the judicial department is in the Courthouse. He said typically people do not come to the Courthouse happy. He said he felt that security issues apply to the whole building because we are all here together. He said the whole Courthouse needs to be secure, but understands that there is a money issue. Judge Ward discussed an incident where someone came to the District Court area with a large knife hidden in a pocket. Lynne said he felt that a conceal carry policy could reduce the liability of the County.

Shane Walker discussed A.L.I.C.E. training; he said the best time to do this training would be when the Courthouse is closed.

Bobby Reed questioned how the Commissioners were going to handle changes Obama made with overtime. The Commissioners are going to discuss this at a later date during a Commission meeting.

Barbara left at 1:38 pm and the department heads stayed to have a department head meeting.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Lynne Oharah, Commissioner

_______________________, Commissioner

ATTEST:

(ss)Kendell Mason, Bourbon County Clerk

6/24/2016, Approved Date

June 21, 2016 Tuesday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners and the County Clerk present.

Tammy Helm with the Fort Scott Tribune and John Allison were also present.

Jim Harris said that when two motor graders were purchased 2 years ago from Foley Equipment there was a buy back opportunity; Jim recommended not doing the buy back for this equipment (based on the amount of hours on the equipment). Harold made a motion to not do the buy back opportunity, Lynne seconded and all approved.

Loren Readinger a resident of 2355 Poplar Road, requested oil to control the dust near his house. Jim said that the approximate cost of materials (oil) to do this is $1/foot/running mile this does not include the labor cost. Barbara made a motion to allow the County to supply M30 for gravel roads at the consumers expense (pending expense) (this does not include the labor to apply the materials), Harold seconded and all approved. Any requests for the oil application can be done through the Road & Bridge department.

Harold reported to Jim that brush is growing near Poplar road.

Jim Harris presented 2017 budget requests; for Noxious Weed he requested $152,598, for Bridge & Culvert he requested $217,426, for Road & Bridge Sales Tax he requested $1,018,124, for Special Bridge he requested $20,585, he did not do a budget for Special Road Machinery (Jim said it was not a budgeted fund so he did not do a budget), for Landfill he requested $225,019, for Road & Bridge he requested $2,197,773 and for Elm Creek he requested $26,931. He said overall he is 5 employees short in the Road & Bridge department and asked if the Commissioners would consider adding the employees back so they can get more work done. All of his budgets included a 3% pay increase.

All of the Commissioners will tour the new Landfill building at 1:00 today with Jim Harris; no County business decisions will be made.

The Commissioners discussed the bucket truck that the County owns; they discussed giving the truck to the City and the City being responsible for all repairs and inspection fees. No decision was made on the bucket truck. This will be discussed again on June 28^th.

All of the Commissioners will be attending a ground breaking at the new jail site on June 23^rd at 9:15 am.

The Commissioners previously had an inquiry to purchase two pieces of land that the County owns on Couch Street; Barbara made a motion for Justin Meeks to contact a realtor to list the property, Lynne seconded and all approved.

Lynne made a motion to go into a 10 minute executive session for matters relating to the security of a public body or agency, public building or facility or the information system of a public body or agency, if the discussion of such matters at an open meeting would jeopardize the security of such public body, agency, building, facility or information system, Harold seconded and all approved (the session included the Commissioners and Justin Meeks). No action was taken.

The Commissioner will meet with the department heads at 1:00 pm on Thursday June 23^rd to discuss Courthouse security.

Lynne made a motion to go into a 5 minute executive session for non-elected personnel to protect their privacy, Harold seconded and all approved (the session included the Commissioners and Justin Meeks). No action was taken.

The Commissioners will have a special Commission meeting on June 30^th at 3:30 pm, they plan to meet with Justin Meeks to discuss non-elected personnel.

Michelle Workman with the Fort Scott Biz arrived.

Eric Bailey presented the LEPP budget for 2017, he requested $64,821 (which included a budget for $20,000 for a different vehicle) or a budget for $44,821 without a vehicle. Barbara questioned the annual budget of $2,400 for Verizon Wireless; Eric said this $200/month covers his cell service and internet as well as Mi-Fi for internet for him to use his computer while out in the field. Eric said a typical day for him consists of sanitation inspections for new or failing systems, sewer complaints, flood plain management (he said he is required to make sure permits are filed when someone is working in a flood plain), lagoon inspections as well as assisting with I/T and mapping at the Courthouse.

Rhonda Cole and Judge Mark Ward met with the Commissioners to present their 2017 budget for District Court; they requested $242,293, which is the same amount they received for their budget in 2016. The Commissioners commended them for keeping their budget the same.

Tim Cunningham and Bill Fiscuss with Tri-Valley met with the Commissioners to present their 2017 budget. They requested $55,000 for 2017.

Will Wallis presented budgets for Emergency Management Performance Grant and Emergency Management for 2017. For Management Performance Grant he requested $17,000 for 2017, he said this grant money from the State is used to help pay for exercises he does for Emergency Preparedness. For Emergency Management he requested $66,464 (he said in 2017, the City of Fort Scott will pay $5,000 towards the cost of Code Red). Will said that recently the repeater for Garland was tested and verified that it is adequately working; he said that some of the settings on the radios had been changed.

At 11:17, Lynne made a motion to break for lunch until 1:00 pm, and at 1:00 the Commissioners will tour the Landfill and meet back at the Commission meeting at 2:00 pm, Harold seconded and all approved.

Sam Massey and Jamie Gentile with Nextera Energy Resources, LLC (address 700 Universe Blvd Juno Beach, FL 33408) met with the Commissioners to inform them about their company. Their company builds, owns, operates and finance power plants and sell the energy. They have 110 companies in the United States (some of which are in Kansas). They are considering putting a wind farm in Bourbon County. They initially evaluate the communities they are considering putting a wind farm in and then put up a Met Tower, which will monitor wind speed in the area. They will be doing research in Bourbon County and will be meeting with landowners. They said Nextera is the largest renewable energy company. Once they install a Met Tower they will collect data for one year before they decide if they will install a wind farm in the County.

Barbara made a motion to appoint Mark Ward to the Tri-Valley board for a 3 year term effective July 2016 – July 2019, Harold seconded and all approved.

Barbara made a motion to go into a 7 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Harold seconded and all approved, (the session included the Commissioners, Kendell Mason and Justin Meeks). No action was taken.

Harold made a motion to go into a 7 minute executive session for matters relating to the security of a public body or agency, public building or facility or the information system of a public body or agency, if the discussion of such matters at an open meeting would jeopardize the security of such public body, agency, building, facility or information system, Lynne seconded and all approved (the session included the Commissioners and Justin Meeks). No action was taken.

The Commissioners decided to place an ad with the Fort Scott Chamber of Commerce for $175, Barbara will place the ad.

Justin Meeks will be paying Terra Tecchio $3,700 monthly for contract attorney work (to be paid through accounts payable, and issuing a 1099) Barbara made a motion to sign amended resolution 11-16, which deleted the position of Senior Assistant County Attorney, Lynne seconded and all approved.

Kendell presented the 2017 Election and Clerk budget; for election, she requested $90,450 and for Clerk she requested $98,462.

At 3:07, Barbara made a motion to adjourn and Harold seconded.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Lynne Oharah, Commissioner

(ss) Harold Coleman, Commissioner

ATTEST:

(ss)Kendell Mason, Bourbon County Clerk

06/24/2016, Approved Date

June 14, 2016 Tuesday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners and the County Clerk present.

Also present were Tammy Helm with the Fort Scott Tribune, John Allison and Hazel Swarts. Don Hutchinson attended the meeting.

Jim Harris presented a request from Allen Warren for a water truck and/or grader, tanker to be used at the rodeo arena at the fairground for different events. There were several dates on the list which would require overtime from a County employee to operate the equipment. Barbara said she would like to help the Bourbon County Fair Association if possible and suggested doing something in-kind; Barbara suggested that Jim see if there is a water tank that the County is not using and to possibly let the fair association run the water tank.

Lynne reported that Robert Query reported that water stands in the ditch at 195^th & Prairie. Lynne said he had viewed the area two times and it was dry both times with no standing water. Jim reported that the water flow issue is on private property and that the County does not go onto private property. Lynne said he did not feel the County should go onto the private property to address the water issue.

Harold reported that the water is washing out the County right-of-way near his drive.

The Commissioners are going to re-consider a road closing application on Yale Road between 255^th and 265^th on June 28^th at 9:30 am. Harold said he was not in favor of closing the road, he said that the petitioners were not County residents. There was discussion over possibly closing a road and then property changing hands in the future. Barbara said she could see at times where some roads could be closed.

The Commissioners and Jim discussed the bucket truck that the County owns; Jim said the County has not used the truck for 3 years and that the City or Fort Scott borrows it. In the past the Commissioners discussed the City and County sharing the expenses of the $500 permit inspection and the expenses to repair the bucket truck. Barbara asked if there was any reason the County would want to keep the truck; Harold said we don’t like giving equipment away. Lynne said if the County is not using and the City wants it then the County should give it to them. Jim said if the City owned it and the County needed to borrow it, then possibly the City would loan it to the County. Barbara suggested that Jim talk to the City to see if they want the County to give it to them if they County decided to.

Jim discussed the Maple Road project; he said that Shafer, Klein and Warren has given plans to KDOT for review and once approved S.K.W. will accept bids; he said it would be fall before the work progresses there. Jim said the County is continuing to work on drainage there.

Don Hutchinson left the meeting.

There will be a ground breaking on June 23^rd at 9:15 at the new jail site. All of the Commissioners may be there, but no County decisions will be made.

Mandy Shoemaker, Joe Ludlum, Ronnie Brown, Kathy Valentine and Wayne Thorpe, representatives from the Bourbon County Soil Conservation District met with the Commissioners to present their 2017 budget. They requested $40,000 from Bourbon County for their 2017 budget. They discussed the good quality and quantity of water available in this area. Mandy said that all of the board members for the Bourbon County Soil Conservation District are very active members. Their board meetings are every 2^nd Monday of the month at 5:30 pm. Ronnie Brown complimented the work that Mandy Shoemaker does for the district. Mandy said July 1^st they start the States Cost Share Program. BBCO Soil Conservation rents drills and burn equipment as well as sells seeds to landowners. They also sell large landowner books for $30 each.

Ronnie Brown said they would like to have a Bourbon County Commissioner on the Resource Conservation District (RC&D) board; Lynne said he would try to attend the meetings. Ronnie said they could recommend someone for the Commissioners to approve on the board.

Barbara made a motion to go into a 5 minute executive session for non-elected personnel to protect their privacy and Harold seconded (the session included the Commissioners, Rhonda Dunn, Lora Holdridge, Clint Anderson, Justin Meeks and Kendell Mason). After the session Barbara made a motion to allow an employee to be eligible for donated vacation time to be used as sick time, Lynne seconded and all approved.

Bourbon County Appraiser Clint Anderson met with the Commissioners. Melvin Routon previously met with the Commissioners regarding the value and taxes on his property at 1922 225^th Street. Clint presented a comp sheet for this property; Clint said he felt that this property is valued conservatively to what it could possibly sell for. Clint said the assessment history went from $43,010 in 2011 to $47,710 in 2016. Clint said that Mr. Routon had a hearing regarding his property values, Clint said that he didn’t change the values because he felt it was fairly valued.

Clint Anderson presented to the Commissioners the State agriculture land values changes from 2015-2016.

Kendell presented 2016 fireworks permits for the following locations… Jakes Fireworks at Wall and Goodlander, Jakes Fireworks at 2322 S. Main, TNT Fireworks at 2400 S. Main and Hale’s Fireworks on South 69 highway. Lynne made a motion to approve the permits, Harold seconded and all approved. Barbara and Kendell signed the permits.

At 11:45 am, Barbara made a motion to suspend the meeting for lunch and reconvene at 2:00 pm, Harold seconded and all approved.

Barbara made a motion to go into a 15 minute executive session for non-elected personnel to protect their privacy, Harold seconded and all approved (the session included the Commissioners, Justin Meeks and Angel Wilson). After the session Barbara made a motion effective July 1, 2016 to suspend the position of Senior Assistant County Attorney and pay an independent contractor $3,700/month (the independent contractor will receive a 1099 annually for their work and hiring Terra Tecchio as the independent contractor if she accepts the position), Harold seconded and all approved.

At 2:50 pm, Barbara made a motion to adjourn the meeting and Harold seconded, meeting adjourned.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Lynne Oharah, Commissioner

(ss)Harold Coleman, Commissioner

ATTEST:

(ss)Kendell Mason, Bourbon County Clerk

06/21/2016, Approved Date

June 10, 2016 Friday 11:00 am

The Bourbon County Commission met in open session with Commissioners Barbara Albright and Lynne Oharah and the County Clerk present.

Barbara made a motion to go into a 10 minute executive session for non-elected personnel to protect their privacy and include Harold Coleman on the telephone, Lynne seconded (the session included the Commissioners, Harold Coleman by telephone and Justin Meeks). No action was taken.

Barbara made a motion to go into a 15 minute executive session for non-elected personnel to protect their privacy, Lynne seconded (the session included Lynne, Barbara and Clint Anderson). No action was taken.

The meeting adjourned at 11:57 am.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Lynne Oharah, Commissioner

(ss) Harold Coleman, Commissioner

ATTEST:

(ss)Kendell Mason, Bourbon County Clerk

06/14/2016, Approved Date

June 7, 2016 Tuesday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners and the County Clerk present.

Tammy Helm with the Fort Scott Tribune, Hazel Swarts and Nick Ruhl were also present.

Jim Harris said they have been patching on Soldier Road; he said they will finish overlaying there in a few days. He said they will then move to 125^th, Uniontown, Maple Road and will then do the Industrial Park. He said they plan to have all of the roads ready for chip and seal.

Jim Harris reported that Mike Hueston requested the use of two County rollers for the Mapleton homecoming celebration this weekend at the tractor pull (a County employee will operate the rollers). All of the Commissioners agreed to loan the rollers.

Jim Harris presented a transfer for the Road & Bridge Sales Tax Fund; Barbara made a motion to transfer $165,612.50 from the Road & Bridge Sales Tax fund to the Road & Bridge fund, Lynne seconded and all approved (this was a transfer for 5 months, but in the future the transfer will be done monthly).

Jim Harris discussed the equipment that needs moved from the new jail site; Jim said they will be able to start moving the equipment off of the property next week.

There will be a ground breaking at the new jail site on June 23^rd, at 9:15 am; all of the Commissioners may be present for this meeting.

Harold reported to Jim Harris that a landowner called about jaw rock that the County placed on the road west of Guthrie’s Mound; the landowner said there are still ruts in the road and that the road needs more rock.

Jim said he received complaints about the fresh oil on Soldier road; he said there were signs up advertising the fresh oil and if they drove slower they were less likely to get oil on their vehicles. Jim said the road will be chip and seal to the cemetery.

The Commissioners held a road closing hearing for a road in Osage Township. Clay Guthrie requested a portion of Yale Road between 255^th and 265^th Street for approximately 5500’ in the SW ¼ and the SE ¼ in Section 23, Township 23, Range 25 and the NW ¼ and the NE ¼ in Section 26, Township 23, Range 25. Present for this meeting were Joe and Barb Peine, Don Hutchinson, Brian Wade and petitioner Clay Guthrie. Mr. Guthrie said he leased ground all around his property. Mr. Hutchinson said if the Commissioners closed this road, then Mr. Guthrie would turn this into private hunting ground; Mr. Hutchinson said when this happens the Commissioners ought to triple his taxes. Mr. Guthrie gave Mr. Peine permission to cross his land if the road were to be closed and their drive had flooded. If it floods, residents can’t get out on 255^th. Mr. Guthrie stated that the road isn’t maintained; Don Hutchinson said he had seen a road grader there. Barbara suggested possibly putting signs up near this road stating “no outlet”. The Commissioners decided to table the road closing for further consideration. The Commissioners plan to view the road and reschedule for consideration at a later date.

Charles Comstock met with the Commissioners regarding some scrap bicycles at the Landfill; he wants to purchase some older bicycles that have been dumped in the scrap metal pile. All of the Commissioners agreed that the bicycles could be weighed and sold to Charles Comstock.

Tom Headley met with the Commissioners regarding some scrap chain link fence that has been dumped in the scrap metal pile at the Landfill. The Commissioners agreed that the fence could be weighed and sold at the going scrap price.

Lynne made a motion to move the Commission meeting to the first floor of the Courthouse at 10:30 to address the Landfill, Barbara seconded, motion passed.

Present to discuss the Landfill were Charles Comstock, Nancy Vanetten, Greg Fess, Nathan Wells, Annie Miller, Bobby Miller, Frank C. Miller, Clayton Miller, Fred Hall, Tom T. Hall, Rueben James, Greg Schick, Kevin Allen, Rhonda Dunn, Bobby Reed, Shane Walker, Ben Cole, Alvin Metcalf, Jim Harris, the Commissioners and Kendell Mason. Barbara said the Landfill meeting was scheduled to discuss where to go with the Landfill; expand, lease, sell or keep and operate as it is. She said they had done studies and wanted the public input about the Landfill. Nancy Vanetten said she read the article about possibly increasing the mill levy to operate the Landfill; she said an increase in property taxes caught her attention. Jim Harris discussed Anderson County and their landfill; he said the landfill pays for the general operation of their landfill, but said the salaries there for the landfill employees are not paid out of the landfill fund (vs. Bourbon County landfill employees being paid out of the landfill fund). Jim Harris said that so far in 2016 the landfill is making a profit. There was discussion over building a reserve for future expenses. Jim said the new dozer that was purchased for there should last 20 years. Currently the solid waste is hauled to Allen County; Josh Jones questioned if it would be cheaper for Bourbon County to haul the solid waste to Arcadia for disposal; Jim said that several years ago when the fees were checked it was cheaper to haul the solid waste to Iola. Josh Jones was concerned that if the landfill was sold, the prices to dump there would go up. Kevin Allen stated that if the landfill was in the black, then where was the concern, and said he didn’t care if the landfill made money. Kevin suggested not buying the dozer, backhoe, and building a new building if the landfill was failing. Kevin said if the rates increase at the landfill, then there would be more trash dumped around the County, Frank and Bobby Miller (who have had a trash service for over 25 years) agreed and said the landfill should be left as is. Justin Meeks said with the cost of operating the landfill (employees, benefits and bond payment), the landfill doesn’t make money. Josh Jones said the questions should have been asked of the public before doing a bond payment for a new building. Jim Harris explained that the new building doesn’t have anything mechanical, so it should last and that the tonnage hauled per trip will go up (the solid waste will be compacted better for hauling). Jim said the price/ton to dump solid waste at Bourbon County is $40 which he felt to be competitive with Arcadia. Josh Jones asked what Bourbon County paid Allen County to dump solid waste; Jim said $25/ton. Greg Schick said that the County is not in business to make money, but in business to maintain. Justin Meeks said if he was a business owner, he would not buy the landfill, due to the fact that it isn’t making money. Justin estimated needing to build a reserve of approximately $45,000/year. City Manager Dave Martin arrived at the meeting. Jim Harris reported that solid waste dumping is down and C&D is up. A statement was made that the County lost money when WCA bought out Fort Scott Sanitation (since they haul to arcadia), but Josh Jones (former owner of Fort Scott Sanitation) said he didn’t haul to Bourbon County. Clayton miller said the County should see an increase in solid waste, due to the fact that more local haulers are using Bourbon County. Kevin Allen questioned Jim Harris about installing a solid waste dump site; Jim said this would cost a lot of money to do. Barbara made the comment that she was concerned about future generations. Greg Schick asked if it was the intention to keep the landfill open; Barbara said she wants to see a landfill in Bourbon County. Gregg Fess and Nathan Wells, from 4 State Sanitation, discussed the recycling business and the opportunity to create more industry for Bourbon County. They discussed recycling tires and turning them into playground material. Jim Harris reported that the County had two days of free dumping and during those two days they collected 3 semi loads of tires (which cost the County money to dispose of). Justin Meeks talked about the profit from recycling being down; Nathan Wells suggested keeping the recycled materials until the price goes up. Charles Comstock discussed the Vernon County Recycling plant; he said it generates revenue. He said recycling is a healthy habit. Frank Miller said anything recycled would be profit (Barbara said it would cost for the labor and equipment to recycle). Barbara said she hopes people in Bourbon County will use the Bourbon County landfill. Kevin Allen suggested that the County and City work together for C&D fees; Dave Martin said the County has worked with the City on joint projects. Kevin Allen suggested having the public meetings in the evenings when more people are able to attend. Dave Martin said the City Commissioners have been trying to get trash service on the water bill for city residents. He said this would mean the volume of trash should go up; he said currently there is a large portion of the community that does not have trash service. He said this is in the early planning stages and said he didn’t know what the rates would be for this service, but said it should clean up our town. Bobby Miller said she hoped this didn’t do away with local haulers. Nathan Wells with 4 State Sanitation said their business plans to use the Bourbon County Landfill.

At 11:54, Harold made a motion to break for lunch and reconvene at 1:30, Barbara seconded and all approved.

Barbara made a motion to sign the contract for Diehl, Banwart and Bolton for the 2015 audit, Lynne seconded and all approved. Barbara and Kendell signed the contract.

Shane Walker, David Neville and Justin Meeks met with the Commissioners regarding courthouse security. Shane said that of the 10 Counties he deals with in Homeland Security most of them will eventually be allowing the public to carry weapons into the Courthouse (but not into the Court).

Barbara made a motion to go into a 15 minute executive session for matters relating to the security of a public body or agency, public building or facility or the information system of a public body or agency, if the discussion of such matters at an open meeting would jeopardize the security of such public body, agency, building, facility or information system, Harold seconded and all approved (the session included the Commissioners, Justin Meeks, Shane Walker, David Neville, Rhonda Dunn and Kendell Mason). No action was taken.

There will be a special department head meeting on Thursday, June 23^rd at 1:00 pm to discuss courthouse security.

Harold made a motion to go into a 15 minute executive session for non-elected personnel to protect their privacy, Lynne seconded and all approved (the session included the Commissioners, Justin Meeks, June Maddox). No action was taken.

The Commissioners will be holding a special meeting on June 10^th at 11:00 to discuss non-elected personnel to protect their privacy.

Harold made a motion to go into a 10 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Barbara seconded and all approved (the session included the Commissioners and Justin Meeks). No action was taken.

At 4:15, Harold made a motion to adjourn and Lynne seconded, meeting adjourned.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Lynne Oharah, Commissioner

(ss) Harold Coleman, Commissioner

ATTEST:

(ss)Kendell Mason, Bourbon County Clerk

06/14/2016, Approved Date

May 2016

May 31, 2016 Tuesday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners and the County Clerk present.

Also present were Tammy Helm with the Fort Scott Tribune and Nick Ruhl and Hazel Swarts.

Jim Harris said there is an old bucket truck that the County owns but hasn’t used in over 3 years; he said the City uses the truck to put the flag up downtown once a year. He said the County pays $500 to keep up on the inspections. Jim asked permission to either sell the truck or place it on Purple Wave; Barbara suggested that Jim ask the City if they would like to split the inspection fees.

Barbara made a motion to go into a 10 minute executive session for non-elected personnel to protect their privacy, Lynne seconded and all approved (the session included the Commissioners, Kendell Mason, Jim Harris and Justin Meeks). No action was taken.

Barbara made a motion to go into a 20 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Harold seconded and all approved (the session included the Commissioners, Justin Meeks and Jim Harris). No action was taken.

Jack Black met with the Commissioners; he said he had a dead skunk that he wondered if it had rabies; he said the Sheriff suggested taking it to the extension office and the extension office suggested taking it to the veterinarian, the veterinarian wants approximately $100 to send the animal for testing to K-State. Will Wallis the emergency preparedness director reported that he will pay the $100 for testing out of his budget.

Nathan Fawson and Joe Springer met with the Commissioners to present the 2017 budget for the Southeast Kansas Mental Health Center (a 6 county mental health center). They requested $76,345 for 2017. They discussed the services they offer such as 24/7 crisis services, counseling, health risk assessments, wellness planning, health promotion/education, medical profession collaboration, referrals and support as well as case management, attendant care, respite care, parent support, employment support, and psychosocial skill building groups for children, teens and adults.

The Commissioners discussed the Landfill; they discussed increasing services which would take a tax increase in order to build a reserve of $40,000-$50,000 annually, they said they could consider leasing the landfill out so that the County doesn’t have the financial responsibility of running the landfill, they could sell the landfill or they could expand the landfill and the services they offer. The Commissioners want the communities input on what they feel should happen to the landfill. The Commissioners decided that Lynne would work with Justin Meeks on the landfill. The Commissioners are going to have a public meeting regarding the landfill at 10:30 on June 7^th, 2016.

Melvin Norman met with the Commissioners to discuss an issue he has with a survey and a fence line, the Commissioners said he would need to work with an attorney.

Michelle Workman with the Fort Scott Biz arrived at the Commission meeting.

The Commissioners held a meeting to discuss Courthouse security. Present for this meeting were Rhonda Dunn, Lora Holdridge, David Neville, Clint Anderson, Shane Walker, Rhonda Cole, Will Wallis, Eric Bailey, Justin Meeks and Joy Perkeypile. Justin said that (due to a new law that passed) on July 1, 2016 courthouse staff could conceal carry if the Courthouse is not a secure facility and July 1, 2017 and after the public could carry into the Courthouse (if it’s not a secure facility). Barbara said they learned from Jake LaTurner that to make the Courthouse secure the can use wands instead of a metal detector and that the guards on duty do not have to be a law enforcement officer nor an employee of the County, but could be outsourced. Rhonda Dunn said that the State changed the laws and if someone hasn’t paid their child support they can not get a tag for their vehicle. Shane Walker discussed what he thought the overall cost would be to make the Courthouse secure, he said it would cost approximately $120,000 to make the courtroom secure, $400,000 to make the whole Courthouse secure or $60,000 to make the front doors secure.

Barbara made a motion to go into a 20 minute executive session for matters relating to the security of a public body or agency, public building or facility or the information system of a public body or agency, if the discussion of such matters at an open meeting would jeopardize the security of such public body, agency, building, facility or information system, Harold seconded and all approved, (the session included the Commissioners, Kendell Mason, Rhonda Dunn, Lora Holdridge, David Neville, Clint Anderson, Shane Walker, Rhonda Cole, Will Wallis, Eric Bailey, Justin Meeks and Joy Perkeypile). No action was taken.

At 12:01, Barbara made a motion to suspend the meeting for lunch and reconvene at 1:30 pm, Harold seconded and all approved.

Art Pearson with Pearson Towing met with the Commissioners regarding property that the County owns on 2^nd and Couch and 3^rd and Couch. He inquired about purchasing the property. The Commissioners are going to get a value on the property and decide if they want to sell the property.

Clint Anderson met with the Commissioners; Harold said they had heard comments from some taxpayers about the increase in valuations in Bourbon County. Clint said that the value for Ag land is given to the County by the State, and that there is no local control, he said there was an increase between 12-14%. Clint said that they do inspections every 6 years in the County to look for new construction or buildings that have been torn down, he said they found some building that had been built more than 6 years ago. Clint discussed the valuations of the houses at the Fort Scott Lake; he said the houses are valued similar to other houses somewhere else in the County, but the land prices at the Fort Scott lake are up, he said there’s an average increase of 10-14% on the Fort Scott Lake valuations, he said they are seeing improvements on some of the properties at the Fort Scott Lake. Clint said some of the rural houses in the northern part of the County were not value correctly previously. The Commissioners discussed property owner Melvin Routon, Harold said Mr. Routon has a building on skids, Clint said just because a building is on skids does not make it a portable building. Barbara discussed recreational land (which Clint said could be taxed higher than Ag land); she said she thought it would be hard to monitor what land is being used for recreation use verses agriculture use. Barbara said she can see now why people have questions about their valuations, due to the process being confusing. She told Clint that the Commissioners would like to slowly learn the appraisal process so that they can better assist the citizens when they question them. Barbara asked Clint if he makes available to the landowners the comparable sales report, Clint said yes; he shows the landowners details on their own properties. Clint said the overall increase in assessed valuation has gone up just under 4%. Nick Ruhl questioned how grain bins are valued; Clint said there is a 10 year exemption available for new grain bins, others are taxed as other improvement on the property and they are valued on the size and age of the bin, he said if its not a usable grain they will be valued as low as possible or if it’s a damaged grain bin the value may be removed.

Lynne made a motion to give Barbara permission to meet Justin Meeks at Security First at 3:00 pm on May 31^st, 2016 to sign the closing documents for the land for the jail, Harold seconded and all approved.

Barbara made a motion to go into a 5 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Lynne seconded and all approved, (the session included Justin Meeks and the Commissioners).

At 2:59, Harold made a motion to adjourn and Lynne seconded.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Lynne Oharah, Commissioner

(ss) Harold Coleman, Commissioner

ATTEST:

(ss)Kendell Mason, Bourbon County Clerk

06/14/2016, Approved Date

May 24, 2016 Tuesday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners and the County Clerk present.

Also present to observe were Hazel Swarts, Nick Ruhl and Jeff Fischer.

Jim Harris presented to the Commissioners pictures of 3 pieces of equipment that he asked permission to sell on Purple Wave. The first item was a 2000 Komatsu Loader that needs approximately $22,000 worth of repairs, as well as a 1992 Chevy 1 ton dump truck and a 1996 Chevy Extended cab both of which have a bad motor and transmission. He wants to use the money to purchase a few used trucks (possibly from Westar). Lynne made motion to allow Jim to advertise all three items on Purple Wave, Harold seconded and all approved.

Melvin Routon a resident of 1922 225^th Street met with the Commissioners regarding his property taxes and the County Assessor. He said his taxes are out of control and that the County Appraiser has a bad attitude. The Commissioners said they will have the assessor come explain the appraised valuations to them. Mr. Routon questioned why the Sheriff’s office walks around in full gear (he didn’t feel the full gear was necessary), he questioned how the Commissioners were spending the County’s money. Mr. Routon presented a video of water running down the road instead of the ditch; the Commissioners addressed this with Jim Harris, Jim said when it dries out the County will start ditching.

Don Hutchison a resident of 2253 225^th Street met with the Commissioners regarding concerns he had with the road grader in his area. He said the road grader drives around with his blade up. Mr. Hutchison also expressed concerns he had about his taxes being so high. He said there are no signs for a low water bridge on State Line Road, and said drivers do not expect the bridge and the dip in the road there; Jim Harris said he would view the area to see if there are any signs.

Bill Martin introduced a new Sheriff’s deputy, Ryan Blanton, he was hired under the COPS grant.

Bill Martin said there is an inmate cell that will be used in the new correctional center on display on the North side of the Sheriff’s department.

At 10:50 am, Barbara made a motion to suspend the meeting to attend the ceremony for the Lowell Milken Center and reconvene at 11:15 am, Lynne seconded and all approved.

Senator Jake LaTurner met with the Commissioners regarding HB 2163. He said the process to get a bill introduced and adopted worked for HB 2163. He said that Bourbon County approached him regarding an issue with fire district audits. He said HB 2163 was signed by the Secretary of State and approved by the Governor. He said this State-wide bill, effective July 1^st, 2016, will make for a more transparent government. HB 2163 says that any County can order an audit of a fire district; he said the Township or Townships in which the fire district is located will be responsible for the cost of the audit. Senator LaTurner thanked the Commissioners for their help with this bill.

Barbara had asked Mr. LaTurner for clarification on courthouse security. He gave the opinion of the author of the bill. He said the opinion is that the guard on duty for security does not have to be a law enforcement officer nor an employee of the County, but could be outsourced. He said the guard must be armed and that there could be a wand used as a metal detector. The Commissioners thanked Mr. LaTurner for meeting with them.

At 11:33 am, Barbara made a motion to break for lunch and reconvene at 1:15, Harold seconded and all approved.

Barbara made a motion to sign the Kansasworks Workforce development agreement, Harold seconded and the document was signed.

Jim Harris and the Commissioners discussed the landfill. Jim presented a projected estimated cost and revenue of operating the landfill for 2016. He projected it to cost $200,000 and projected revenue to be $225,250 in 2016. Harold said WCA is not disposing of trash at the Bourbon County Transfer Station. There was discussion if the County wants to be in the landfill business or if they wanted to expand and be in control of the trash service in Bourbon County. There was discussion over how some Cities do their own trash pickup verses businesses picking up trash (Harold said he didn’t want to put the smaller trash haulers out of business). Some other Counties fund their landfill through a mill levy. The Landfill will be closed on June 8^th in order to move the scales.

Bill Wiggans asked permission to charge at the landfill (dumping a dump truck and a trailer load) and pay for it next month; the Commissioners asked him to call Jim Harris for permission.

At 2:30 pm, Barbara made a motion to adjourn and Harold seconded, meeting adjourned.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

ATTEST: (ss) Lynne Oharah, Commissioner

(ss) Harold Coleman, Commissioner

(ss)Kendell Mason, Bourbon County Clerk

05/31/2016, Approved Date

May 17, 2016 Tuesday 9:00 am

The Bourbon County Commissioners met in open session with Commissioners Coleman and Oharah present. The County Clerk was also present.

Tammy Helm with the Fort Scott Tribune was also present as well as Hazel Swarts, Jeffrey Fischer and Nick Ruhl.

Julie Saker questioned the Commissioners about sealed bids that were to be brought to the Clerks office from the Sheriff’s office; the bids have not been turned into the Clerk’s office. Julie said she will return to the meeting when the County Attorney is present.

Allen Warren met with the Commissioners to discuss a Pioneer Harvest Fiesta building that will be torn down at the fairgrounds. He asked for the County to waive the dump fees for the C&D. Lynne made a motion to waive the dump fees at the Landfill for the 5-6 roll offs of C&D from the tearing down of the building, Harold seconded and the motion passed. Allen thanked the Commissioners for this.

James Malveaux questioned the Commissioners about a drainage issue off of west 2^nd street between property owners Malveaux and Hereford. Harold said he will report this to Jim Harris.

Bill Martin said there will be a display from Steel Cell Manufacturing on May 24h & May 25^th on the North side of the Sheriff’s department, it will be a display of the cells that will be used in the new jail. Bill reported that there will be a contractors meeting (for the new jail) at 6:00 pm on May 25^th, Bill said that all contractors are welcome to attend the meeting.

Bill Martin, Ben Cole, Bobby Reed, Rhonda Dunn and Justin Meeks met with the Commissioners. Justin said that District Court will be going paperless on June 6^th. Justin said that the Attorney’s office plans to go paperless in 2-3 years. He said that going paperless will save time, labor and supplies. Justin estimated the cost of going paperless to be between $15,000-$20,000 (if the Attorneys office were to relocate in the current jail/sheriff offices). Justin asked for permission to set up a reserve account with any carryover that the Attorneys office has in 2016 and in future years to save for the expense of going paperless. Rhonda Dunn felt that all departments should have a reserve fund set up for future expenses; Rhonda said if departments had a reserve or contingency fund that money could be used if needed to solve a budget issue. Bill Martin said he would work with the Attorney to do what he could do to help since they work together in regards to criminal justice. Rhonda reported that the State provides the electronic equipment for motor vehicle; she said her current equipment will be replaced and she will then have 6 scanners available for use. Hazel Swarts asked Justin if he would be making all of the old Attorney records electronic records; Justin said he will probably only make electronic records of the past 10-15 years.

Rodney Beckham met with the Commissioners; he said he owns property in Bronson near 65 highway and 45^th. He said he purchased this property in 2004 and petitioned the Commisisoners to get a road closed (he said the road was closed, Lynne said if the road was closed the County no longer will maintain the road). He said his previous neighbor passed away and the property sold. Mr. Beckham said a digital surveying map (Mr. Beckham said he received the map from Shane Walker) puts the property line west of where he feels it actually is and said the new owner now feels he owns part of the Beckham property. He said he previously put $3,500 worth of gates on his property and now due to the digital surveying those gates don’t appear to be on his property. Mr. Beckham said he had talked to Ag Engineering about the survey issue; the Commissioners suggested that if Ag Engineering makes a correction to the map they should then contact Shane Walker to get it corrected at the County level.

At 11:30, Lynne made a motion to suspend the meting for lunch and reconvene at 1:30 pm, Harold seconded and the motion passed.

After lunch Barbara arrived at the meeting.

Kenny Wunderly with Mercy Hospital met with the Commissioners regarding fire district #2. He said last week, there was a call for help on Grand Road (dispatch called fire district #2 two times) in the Garland area and no one from fire district #2 or Scott fire district responded to the call, fire district #3 eventually responded even though it wasn’t their area. He said he would like permission for Fire District #3 or Scott Township to be dispatched if Garland doesn’t respond by the 2^nd call from dispatch. He said if EMS goes to a call in the Garland area and if fire district #2 doesn’t respond (he said Scott fire district hasn’t been responding even though there is still a mutual aid agreement between Garland and Scott), therefore there hasn’t been anyone to assist in the calls when needed. Barbara said this has turned into a safety issue for the people in the Garland area and this is a critical issue. There was discussion that the taxpayers in this area are not getting a service that they are paying for. The Commissioners asked Will Wallis to coordinate with Paul Ballou; he said that there is nothing that forbids Scott fire department from showing up for calls. Will said he was going to suggest having a Sheriff’s deputy report as well when there is a dispatch for fire district 2.

Jim Harris reported that they have made several road cuts around the County, but that it has to dry out in order to make the repairs. The County recently had free dumping at the Landfill, he said on an average weekend they have between 75-80 vehicles at the Landfill, but had approximately 450 for the free dump days.

Justin Meeks, Bill Martin, Ben Cole, Bobby Reed and Julie Saker (with Saker Towing) met with the Commissioners. Justin presented a copy of the wrecker rotation policy as well as a calendar of what tow company is the wrecker of the day. Justin Meeks said he plans to attend the City Commission and will discuss the wrecker rotation policy with the City of Fort Scott to see if they feel there needs to be any changes made to the policy.

Bill Martin requested bids from the tow companies in Bourbon County for tow service for seized vehicles along with storage fees. Saker Towing bid $50 for the tow, $2.00 per running mile and $5.00/day for storage. Pearson 54/69 Towing bid a flat fee of $250.00/vehicle (this $250.00 includes towing, storage, cleaning out debris from the vehicle, washing the vehicle, vacuuming. Bill presented a spreadsheet with 4 different vehicles that have been seized in the past; these 4 vehicles were in storage for an average of 255 days each. For storage and towing for the 255 days it would cost $1,325 with Saker Towing and would be $250 with Pearson 54/69. Bill said he plans to continue to use Pearson 54/69 for the seized vehicles due to the fact that they provided the low bid. Bill said that no wrecker service has been called out of rotation. Julie said they also work in Linn County; she said Linn County will call the wrecker of the day for a seized vehicle.

Harold made a motion to go into a 10 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Lynne seconded and all approved (the session included the Commissioners and Justin Meeks). No action was taken.

Harold made a motion to go into a 10 minute executive session for matters relating to the security of a public body or agency, public building or facility or the information system of a public body or agency, if the discussion of such matters at an open meeting would jeopardize the security of such public body, agency, building, facility or information system, Lynne seconded and all approved (the session included the Commissioners and Justin Meeks). No action was taken.

Lynne made a motion to adjourn at 3:37 and Harold seconded, meeting adjourned.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Lynne Oharah, Commissioner

(ss) Harold Coleman, Commissioner

ATTEST:

(ss)Kendell Mason, Bourbon County Clerk

05/24/2016, Approved Date

May 10, 2016 Tuesday 9:00 am

The Bourbon County Commissioners met in open session with all three Commissioners and the County Clerk present.

Nick Ruhl and John Allison as well as Tammy Helm with the Fort Scott Tribune were also present.

Lynne recently attended the KAC meeting; he discussed the tax lid that passed affecting the 2018 budget, he said it would make future budgeting difficult. He said that Bourbon County is fortunate to not own the hospital or ambulance service in Bourbon County due to the expenses associated with.

Barbara received questions about the chip and seal that was cut out on 75^th; Jim said they would return to work on the road in approximately 30 days.

Jim said they plan to work at the industrial park in the next few weeks (pending weather); he said they need to rent a grinder to work there.

Barbara reported that Garland fire department requested (approximately 10 loads) road rock to mix with fines approximately ½ mile west of Garland around the water tower where there is a hydrant (which is where the tanker truck turns to get water). Barbara received permission from Rural Water to confirm it was ok to place the rock around their water tower. The Commissioners approved providing the rock.

Jim Harris presented an application for an access entrance for Mr. & Mrs. Holt at 1916 Maple Road, Barbara made a motion to approve the application and Lynne seconded.

Jim presented an application for an access entrance for Kelly Davis at 2057 Osage Road, Barbara made a motion to approve the application and Harold seconded.

Jim reported that when making 2016 transfers, there was $31,000 transferred from the Landfill fund to the Special Machinery fund, Jim said this money needs to be transferred back to the Landfill fund; Barbara made a motion to transfer the $31,000 back to the Landfill and Harold seconded.

Barbara received a question regarding the gravel on the curve West of Redfield, they asked if the road would be made into an asphalt road; all of the Commissioners agreed that this would not be made an asphalt road.

Jim Harris reported that they have widened approximately four miles on Soldier Road to 24-25 feet.

Jim reported that they have rocked the road at 125^th & Osage and should be putting some pipes in soon.

Barbara discussed New Wave wireless broadband internet service, which provides service to rural communities. She received a request for a letter of support for a grant application for service in Garland; Barbara made a motion to write a letter of support and Harold seconded.

The Commissioners opened the fish food bids; Miller Feed and oil bid $14.99/40 lb bag and Big Sugar bid $22.00 for a 50 lb bag; Harold made a motion to approve Miller Feed and Oil and Lynne seconded.

Barbara made a motion to go into a 30 minute executive session for attorney client privilege and Lynne seconded; the session included the three Commissioners, Jim Harris and Justin Meeks. No action was taken.

Lynne reported to Jim Harris that 70^th & Xavier needs rock.

Mike Feagins, Hazel Swarts and Julie Saker attended the meeting.

Kathy Cooper with the 6^th district Kansas Department of Community Corrections presented a grant application for fund year 2017 for $314,851; Harold made a motion for Barbara to sign the application and Lynne seconded, Barbara signed the application.

Barbara discussed the scale at the Landfill, it needs to be moved and it was recommended by the engineer to have the scales moved professionally. Barbara made a motion to enter into a contract with United Scale Service to move the scales, Lynne seconded and the motion passed.

Chad Lowry with Kanrocks Recreation Association met with the Commissioners; they turned in a permit for a road opening in Timberhill Township to open approximately 252’ of 130^th street between Dayton Cemetery in the Northwest quarter and Southwest quarter of Section 15, Township 24, Range 23 and the Southwest quarter and the Southeast quarter of Section 15, Township 24, Range 23. Barbara made a motion to approve Resolution 17-16 opening in Timberhill Township to open approximately 252’ of 130^th street between Dayton Cemetery in the Northwest quarter and Southwest quarter of Section 15, Township 24, Range 23 and the Southwest quarter and the Southeast quarter of Section 15, Township 24, Range 23, Harold seconded and all approved.

Julie Saker with Saker Towing met with the Commissioners regarding the wrecker policy. She said that on May 7^th, they were the wrecker of the day and Sheriff 5 pulled over a vehicle and called dispatch and asked for Pearson Towing to provide a tow, dispatch asked if the owner requested Pearson Towing and Sheriff 5 said no they hadn’t; dispatch said that Saker Towing was the wrecker of the day, and Sheriff 5 said they were not to use Saker Towing. Barbara said she felt that the City of Fort Scott and Bourbon County needs to revisit the wrecker of the day policy that was signed in 2015. Julie Saker said there are 4 towing companies in Bourbon County and they are all just trying to make a living.

Michelle Workman with the Fort Scott Biz arrived at the Commission meeting.

Bob Lamb met with Lynne regarding 70^th & Soldier Road, he said the road washes out there; Lynne said he had reported this to Jim Harris.

Justin Meeks met with the Commissioners regarding Courthouse security and a bill that has passed (but is not signed yet) that would give employees of a public agency permission to conceal carry, Justin said this bill is something that the Commissioners will need to consider in the near future. Rhonda Dunn questioned if the County could create a policy to not allow the conceal carry policy; Justin said he didn’t believe the County could create a policy to not allow conceal carry if the bill is signed. The Commissioners discussed the expenses related to getting the Courthouse secure (personnel, metal detectors).

The Commissioners discussed the builders risk insurance for the new jail; they discussed the different policies available. Barbara made a motion to approve the quote for flood and earth movement coverage for $9,825 (to be paid out of the jail bond money) with a $2,500 deductible with a hail/wind deductible of 2% and a flood and earth movement deductible of $25,000, Lynne seconded and all approved.

At 11:37, Lynne made a motion to suspend the meeting for lunch and reconvene at 1:00, Harold seconded and all approved.

Rhonda Dunn presented Resolution 18-16, a resolution authorizing a tax sale and appointing Justin Meeks as the Attorney to work on the tax sale; Barbara made a motion to approve Resolution 18-16 and Harold seconded, motion passed.

Barbara made a motion to go into a 5 minute executive session for Courthouse security, Lynne seconded and all approved (the session included the Commissioners and David Neville). No action was taken.

Harold made a motion to go into a 5 minute executive session for non-elected personnel to protect their privacy, Barbara seconded and all approved (the session included the Commissioners, Justin Meeks and Kendell Mason). No action was taken.

Justin Meeks said he had met with Jim and Diane Knopp regarding the fence issue they have with their adjoining neighbor. He said the Knopp’s may eventually request a fence viewing.

Diana Goodbody of 1061 230^th met with the Commissioners; she said that 230^th has potholes and that two vehicles can’t meet on the road due to the condition of the edges of the road and that the road needs to be repaved. Barbara said that eventually 230^th will be milled. Diana Goodbody discussed how nice 230^th is right next to the National Cemetery; she said as a taxpayer she would like to see the roads get fixed right. She said that her parents live West of Redfield on a gravel road, which gets large gravel placed on the road instead of smaller gravel that will pack in better. She discussed the condition of the streets in town.

Lynne made a motion to go into a 10 minute executive session for matters relating to the security of a public body or agency, public building or facility or the information system of a public body or agency, if the discussion of such matters at an open meeting would jeopardize the security of such public body, agency, building, facility or information system, Barbara seconded and all approved. No action was taken.

At 3:00 pm, Harold made a motion to adjourn and Lynne seconded, meeting adjourned.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Lynne Oharah, Commissioner

(ss) Harold Coleman, Commissioner

ATTEST:

(ss)Kendell Mason, Bourbon County Clerk

05/31/2016, Approved Date

May 3, 2016 Tuesday 9:00 am

The Bourbon County Commission met in open session with Commissioners Oharah and Coleman present as well as Maggie Wolf.

Also present were Tammy Helm with the Fort Scott Tribune, Julie Saker with Saker Towing and John Allison.

Harold reported to Jim Harris that Kevin Seested thanked Charlie Elliott for the work that was done on his road; but he wanted Jim to know that he purchased the gravel himself for the road.

Barbara arrived at the Commission meeting.

Julie Saker came to the Commissioners over concern that the Sheriff’s office has been personally calling the wrecker service of their choice and not using the wrecker of the day. Bill Martin disagreed with this and presented a copy of the policy to the Commissioners. The Commissioners said that Saker Towing should be getting calls for service on their days when it is not a criminal or drug situation. Bill Martin agreed that if it is the correct situation, Saker Towing would get the tow call. Bill said if it’s a tow due to criminal activity and Saker Towing has the lowest bid, they will get the call. Julie Saker is under the impression that Bill Martin is intentionally avoiding their wrecker service. Bill presented a bid letter that he provided to the tow companies asking for sealed bids (for seizing vehicles used for criminal drug activity and/or for felony pursuits) for tow service of each seized vehicle together with storage fees associated with the vehicle seizures (the sealed bids are due in the Sheriff’s office by noon May 13, 2016).

Greg Post met with the Commissioners, he said there is a bad spot where water is cutting into the road at 135^th & Yale (Jim said he will check into this). Mr. Post requested that brush be removed off of 135^th, he said that 135^th & Xavier needs gravel (Jim said he will take care of this). Mr. Post said he greatly appreciates the work that the County has done.

Mike and Judy Wilson met with the Commissioners. Mr. Wilson said that they have a fence that the adjoining neighbor would not clean out their portion of the fence, so the Wilson’s cleaned it out and built a new fence further in on the Wilson’s property. The Wilson’s questioned if they lost the portion of the land between where the old fence was and where the new fence was built. The Commissioners suggested that they discuss this matter with Ag Engineering.

Barbara left the meeting at 10:30 am.

Ralph Price with Secure Tech met with the Commissioners regarding security.

Lynne made a motion to go into an executive session for Courthouse security for 15 minutes, Harold seconded (the session included Harold, Lynne, Ralph Price, David Neville and Justin Meeks). No action was taken.

Lynne made a motion to go into an executive session for Courthouse security for 5 minutes, Harold seconded (the session included Harold, Lynne, Ralph Price and Justin Meeks). No action was taken.

Lynne made a motion to go into an executive session for Courthouse security for 5 minutes, Harold seconded (the session included Harold, Lynne, Barbara, Ralph Price and Justin Meeks). No action was taken.

Lynne left the Commission meeting at 11:38 to attend a meeting out of town.

At 11:56 am, Barbara made a motion to adjourn and Harold seconded, meeting adjourned.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Lynne Oharah, Commissioner

(ss) Harold Coleman, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

05/10/2016, Approved Date

April 2016

April 26, 2016 Tuesday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners and the County Clerk present.

Tammy Helm with the Fort Scott Tribune, John Allison and Nick Ruhl met with the Commissioners.

Nicki Traul (who met with the Commissioners on April 19, 2016 regarding Soldier Road) a resident of 1794 Soldier Road and Frank Madison of 2141 Soldier Road met with the Commissioners and Jim Harris regarding Soldier Road. The road had been turned from a paved road to a gravel road. Mrs. Traul said she would not have bought her house if she had known that the road would not always be a paved road. She discussed the road getting narrower. Jim Harris did a traffic count on the road which ranged from 200 at 215^th-205th to 112 at 205-195 to 100 at 195-175^th (per 24 hours). Mrs. Traul said she was told that the roads are prioritized based on the traffic count on the road and wanted the previous traffic count that pushed Soldier Road down on the list to be completed. Jim measured the width of Soldier Road which ranged from 22’ to 20’ in a three mile area. Mrs. Traul said she measured near her brother’s drive and it was only 19 feet; she said she had reviewed the minutes back to 2012 and there are several reports of Soldier Road getting narrower, but nothing has been done. She said if something needs to be done, then it should be followed through. She said she wants something done with the road before her daughter starts driving. She said she wants a copy of the County road plan. Frank Madison said that there is enough rock on the road, however; the grader keeps pushing the rock into the ditch and it’s too expensive to leave in the ditch. Both Frank and Nicki said that when the 1 cent sales tax was passed years ago, they were told that this money would be used for Soldier Road. The Commissioners explained that this money is designated for the whole County. Harold said that when Soldier Road was made into a chip and seal road, it didn’t hold up. Frank discussed how it should have been made right the first time and that the condition of the road is due to lack of leadership. The Commissioners decided to make old 69 highway going West on Soldier Road to approximately 185th a 22’ (of driving surface) gravel road; Nicki said she was ok with this decision, but said she would not be satisfied with this road until it was made a hard surface road again.

Lynne suggested re-prioritizing the road projects to include Indian Road so that they don’t loose this road.

Lynne Oharah said he had a report from Mr. Johnson regarding Ivory and Indian Road near Bourbon Allen Lake and the need for speed limit signs here; Lynne asked Jim to get a traffic count on this road.

Harold reported to Jim that 115^th and 65 Highway needs jaw rock; Jim agreed to get some rock there.

Julie Saker with Saker Towing, met with the Commissioners. She said something needs to be done with the Sheriff’s department. She asked if the Sheriff had to have permission from the Commissioners regarding the wrecker service that is used; Barbara explained that the Sheriff is elected and their budget is decided by the Commissioners, but they don’t have to answer to the Commissioners. Julie said the City of Fort Scott has a wrecker policy; but said Bill Martin only uses one wrecker service instead of using the wrecker of the day. The Commissioners asked her to discuss this with Bill Martin.

Michelle Workman with the Fort Scott Biz arrived at the Commission meeting.

Lynn Grant (spouse of the former State Senator Bob Grant) met with the Commissioners; she said she will be running for State Senate District #13 in 2016.

Darrell Bloomfield with the Drywood Township board and Don Banwart with the Scott Township board met with the Commissioners. Don Banwart said that the Garland fire department situation had deteriorated to a non-responsive department. He said they were getting multiple pages for the same calls with no response. He said that Scott fire district is responding to their calls. He said at the request of citizens from Drywood and Scott Township they had a meeting on April 11, 2016. He said it was decided at this meeting to abolish the Garland Fire Department board due to insubordination (5 voted yes and one abstained). Don said that Garland fire department feels that no one can tell what to do and they are not transparent with records. Darrell said that Garland fire department held a secret meeting after this. He said the fire district was originally created under KSA 80-1540, he said that under KSA 80-1542, the superior over the Garland fire department is the County Commissioners and then the Township board. He said they planned a meeting for April 25^th to appoint new members of the board. Don said he and Darrell had both been served with a restraining order regarding the Garland Fire District #2 due to the fact that they are causing confusion and disruption to the department. At this point Justin Meeks attended the meeting; Harold made a motion to go into a 10 minute executive session regarding attorney client privilege, Barbara seconded and all approved (the session included the Commissioners and Justin Meeks). No action was taken. Don said at the April 25^th meeting they presented names of the electors (residents in Drywood) to serve on the Garland Fire Department board, he said all township board members signed the resolution; except Connie May. The appointments were as follows Nelson Butz for Don Banwart, Dana Arens (it was later determined that Dana Arens could not serve on the board due to his residence, so Gail Bailey was appointed in this place) for Harold Rogers, Travis Mewhinney for Joe Clary, Richard Cullison Jr. for Darrell Bloomfield and Dennis Krom for Dewayne Allen. Don said he felt the best solution for the situation would be to move the fire district lines so that Scott fire department covers all of Scott Township, Garland fire department would cover all of Drywood Township. Darrell said there was a fire within 2 miles of the Garland fire district and that Scott fire department responded to the fire before Garland.

Barbara made a motion to go into a 10 minute executive session for attorney client privilege with possible litigation, Lynne seconded and all approved (the session included Justin Meeks and the Commissioners). No action was taken.

Clint Anderson, the Bourbon County Appraiser met with the Commissioners. He asked for permission to fill the vacancy in his office which was a deputy position, but asked if he could fill the position as a clerk position; the Commissioners agreed to this.

Clint Anderson discussed agriculture land that is taxed at 30% that is being sold and being used for recreational use and could potentially be taxed at 12%. He discussed how he could determine the difference in the two ways of taxing; he said if property is not fenced and has no crop then it is not ag use; Barbara said that this does not necessarily mean that the land is recreational. He said he is seeing a lot of land that is changing hands that meets recreation guidelines. No decision was made on changing the way the property is taxed.

At 11:55, Barbara made a motion to suspend the meeting for lunch and reconvene at 1:30, Lynne seconded and all approved.

Bill Martin met with the Commissioners regarding the towing policy. Both Bourbon County and the City of Fort Scott participate in a wrecker rotation policy. Julie Saker said Bill Martin did not call their business on April 25^th for a tow and it was their turn for rotation. Bill Martin said that they were not called because it was a civil matter (which doesn’t fall under the wrecker rotation policy), Bill said they had to seize and store a vehicle; Bill said normally they do follow the rotation policy.

Barbara said the Commissioners had received an email from Goldberg Group Architects stating that they were taking bids for projects for the jail as well as investigating the bidding companies.

The Commissioners previously received a request for a speed limit sign at 85^th between Maple and 69 Highway; they decided not to put speed limit signs up at this time.

At 2:58, Barbara made a motion to adjourn and Harold seconded, meeting adjourned.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Lynne Oharah, Commissioner

(ss) Harold Coleman, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

05/10/2016, Approved Date

April 19, 2016 Tuesday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners and the County Clerk present.

Tammy Helm with the Fort Scott Tribune and John Allison was also present.

Nicki Traul a resident of 1794 Soldier Road met with the Commissioners. She said when she bought her house it was on a paved road, but it is now gravel, she said the road continues to get narrower. She said there has been poor communication with the residents in that area over what is going to happen to the road; she said they have been told the road will be paved, but has not been paved. She said the road continues to be pushed back on the list of road projects to complete. Barbara explained that the road was originally chip and seal and was in bad condition, so it was milled to gravel to make it a better road. Barbara said that the roads to be worked on are prioritized based on traffic count and the condition of the road. Jim Harris said he thought the road was approximately 22’ wide (but plans to measure). Jim said he will get a traffic count for the next Commission meeting. Barbara explained that the County can do approximately 6 miles of asphalt a year; she said often chip and seal is put over asphalt to maintain the road. Jim said there are approximately 950 miles of gravel and 150 miles of asphalt in the County.

Fred Savage from the City of Fulton met with the Commissioners. Jim Harris said that the County could do chip and seal for approximately $13,000/mile (for chips and road oil). Jim said that Holly Street in Fulton would not be a good candidate for chip and seal. The County will help do the ditching around the City of Fulton at no cost to the City of Fulton. Barbara suggested that Fulton might apply for a CDBG grant to help cover the cost of the repairs.

Jim discussed the free dump days on April 22^nd and April 23^rd for residents (no businesses).

The Commissioners opened the hay bids for Elm Creek Lake; Dakota Wiley bid $1,615 and Pat Murphy bid $1,653. Lynne made a motion to accept Pat Murphy’s bid for $1,653 and Barbara seconded and all were in favor. The hay has to be removed by August 1^st, 2016.

Harold discussed the two culverts that the County installed at 235^th & Range going east. He said the County installed smaller culverts than were originally there; Jim said the Soil Conservation provides a chart for the size of culvert needed based on water that runs through them.

Harold reported that the road had been cut at Range Road & 265^th.

Lynne reported a road sign down at 95^th & Osage and a stop ahead sign that was down at 105th & 65 Highway.

Barbara made a motion to approve paying $5,000 out of the Parks & Recreation fund to the City of Fort Scott to help with the storm sirens at the Fort Scott Lake, Harold seconded and all approved.

Lynne made a motion to sign the fence viewing decision for between Brent Smith and Byron Sloan approximately 1320’ running North & South between the Northwest ¼ Southeast ¼ and the Northeast ¼ of the Southeast ¼ in Section 9, Township 26, Range 23 at approximately 115^th & Indian Road, stating that the fence does need to be replaced as it is insufficient as viewed and the Commissioners order and assign that the two property owners share the expense equally, Harold seconded and all approved. The Commissioners signed the decision.

Barbara made a motion to go into a 10 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship with possible litigation, Lynne seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

At 11:27 am, Lynne made a motion to suspend the meeting for lunch and reconvene at 1:00 pm, Harold seconded, meeting suspended.

Harold made a motion to go into a 10 minute executive session for non-elected personnel to protect their privacy, Lynne seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

Harold made a motion to go into a 15 minute executive session for non-elected personnel to protect their privacy, Lynne seconded and all approved, (the session included the Commissioners, Rhonda Cole and Kendell Mason). No action was taken.

Barbara made a motion to go into a 10 minute executive session for non-elected personnel to protect their privacy, Lynne seconded and all approved (the session included the Commissioners, David Neville and Kendell Mason). No action was taken.

At 2:45 pm, Lynne made a motion to adjourn and Harold seconded, meeting adjourned.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Lynne Oharah, Commissioner

(ss) Harold Coleman, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

04/26/2016, Approved Date

April 12, 2016 Tuesday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners and the County Clerk present.

Tammy Helm with the Fort Scott Tribune, John Allison and Nick Ruhl were also present.

Harold asked Jim to have the brush cut by the Fulton overpass.

Harold discussed the road washing out near 265^th & Wagon; Harold questioned if they needed to install a culvert. Jim is going to view the road.

Barbara questioned Jim about an area between Kansas & Jayhawk on 205^th; she asked if the gravel at end of a drive is the Counties responsibility or the owner, Jim said the owner would have to install the gravel.

Jim reported that if Rural water is doing work in the County and they have to cut through the road, the County will help fix the road at no expense to Rural water; he said if the County needs water while working out in the County, they will occasionally fill up off of a Rural water hydrant at no charge to the County. Jim said if they need a large amount of water, they will fill up from a quarry. Jim explained that there are two different types of projects that could need water; he said if they are doing base repair they will draw water from the quarry, if doing work with the rollers, they have to use clean hydrant water to protect the equipment.

Barbara made a motion to enter into the annual agreement with the Federal Funds Exchange program to receive $153,475.53, which helps reimburse expenses for road work, Harold seconded and all approved.

Lynne and Harold will be attending a 17 County meeting in Ottawa on April 14, 2016; no County business decisions will be made.

Lynne made a motion to go into a 15 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney client relationship, Barbara seconded and all approved (the session included the Commissioners and Justin Meeks). No action was taken.

Harold made a motion to go into a 5 minute executive session for non-elected personnel to protect their privacy, Lynne seconded and all approved (the session included the Commissioners, Justin Meeks, Bobby Reed and Kendell Mason). No action was taken.

Barbara made a motion to attend a fence viewing between Brent Smith and Byron Sloan at approximately 115^th & Indian and once the fence viewing is over to suspend the meeting for lunch and reconvene at 1:30, Lynne seconded and all approved.

Justin Meeks and Eric Bailey met with the Commissioners regarding the possibility of adding homes at the Fort Scott Lake and adding the homes to the sewer district. The Lake association is having a meeting on April 23^rd (there may be more than one Commissioner attend the meeting, but no County business decisions will be made) after this meeting, Eric and Justin will meet with the Commissioners.

Barbara made a motion to go into a 5 minute executive session for non-elected personnel to protect their privacy, Lynne seconded and all were in favor (the session included the Commissioners, Justin Meeks, Bobby Reed, Rhonda Dunn, Jim Harris, Lora Holdridge and Kendell Mason).

Harold made a motion to go into a 7 minute executive session for non-elected personnel to protect their privacy, Lynne seconded and all approved (the session included the Commissioners, Justin Meeks and Kendell Mason and a non-elected employee by phone). No action was taken.

Harold made a motion to go into a 10 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney client relationship, Lynne seconded and all approved. No action was taken.

Barbara called Security 1^st, she told them that the land survey for the new jail site had been filed; Barbara asked them to proceed with the title work, Security 1^st will also prepare the deed.

The Commissioners attended a fence viewing between property owners Brent Smith and Byron Sloan at approximately 115^th & Indian Road; Lynne made a motion that a fence needs to be built and the expense should be shared equally between the two landowners, Harold seconded and all approved.

Lynne made a motion to sign a document with Mercy Hospital; Mercy Hospital, Fort Scott will annually provide a report to the county describing the type and total amount of all free and reduced fee services provided by the hospital for the preceding fiscal year, Harold seconded and all approved.

At 3:41 pm, Harold made a motion to adjourn and Lynne seconded, meeting adjourned.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Lynne Oharah, Commissioner

(ss) Harold Coleman, Commissioner

ATTEST:

(ss) Kendell Mason, Bourbon County Clerk

04/19/2016, Approved Date

April 5, 2016 Tuesday 9:00 am

The Bourbon County Commission met in open session with Harold, Lynne and Kendell present. Barbara was absent due to a funeral.

Tammy Helm with the Fort Scott Tribune and Nick Ruhl were also present.

Jim Harris presented a bill from Home Center Construction for $17,886.75 for the Landfill, Harold made a motion to pay the $17,886.75 and Lynne seconded, motion passed.

Lynne made a motion to approve the annual nominations for the Fire District #3 members as follows; Uniontown station – Chief Mike Vanzant – Trustee and Katie Towne as the alternate, Bronson station – Chief Dave Harper – Trustee and Doug Harper as the alternate, Fulton station – Delwin Mumbower – Trustee and Dale Cathey as the alternate, Mapleton station – Chief Jack Sutterby – Trustee and Homer Wisdom as the alternate, Devon station – Chief Shawn Wyatt – Trustee and Delwin Mumbower as the alternate, Hiattville station – Chief Louella Howard – Trustee and Jerry Page as the alternate, Harold seconded, motion passed.

Jim reported that they had burnt off the land at Elm Creek Lake.

Jim said that the agreement between Bourbon County and Doug Miller for the scrap metal removal at the Landfill had expired; Jim said there were other people interested in bidding the scrap metal. Harold made a motion to advertise to take bids on the scrap metal and Lynne seconded; however after discussion Harold made a motion to retract this motion and Lynne seconded. Lynne made a motion for the County to dispose of the scrap metal and Harold seconded, motion passed.

Michelle Workman with the Fort Scott Biz arrived at the meeting.

Lynne made a motion to go into a 10 minute executive session for non-elected personnel to protect their privacy and include Barbara by phone; Harold seconded, (the session included the Commissioners, Kendell and Barbara by phone). No action was taken.

Lynne made a motion to adopt Resolution 15-16 the schedule of fees for Bourbon County, adding the background check fee, Harold seconded, motion passed.

Lynne made a motion to adopt Resolution 16-16, the Notice of Primary Election, Harold seconded and the motion passed.

Lynne reported that they had a meeting regarding the new jail; he said the next step for the construction is to take bids on the metal building. He said they would be closing on the property soon, but no date had been set for this yet.

The Commissioners are all scheduled to attend a 17 County meeting in Ottawa on April 14^th; no County decisions will be made.

Harold made a motion to go into a 15 minute executive session for non-elected personnel to protect their privacy, Lynne seconded, (the session included the Commissioners, David Neville and Kendell Mason). No action was taken.

Larry Sharp with KCAMP Insurance met with the Commissioners. Bourbon County is insured through KCAMP. KCAMP is an insurance pool that was formed by 32 Counties (including Bourbon County) 25 years ago; it was formed so that the Counties could get insurance tailored to their needs. There are currently 66 Counties in Kansas that are members of KCAMP. Bourbon County has a $500 deductible per event, when Bourbon County had a hail storm in 2013; the County had to pay a $500 deductible one time for all of the damage to the buildings and vehicles. KCAMP has a rate stabilization program with a 2% rate cap if the 4 year loss ration is at or below 65% or a 5% rate cap if a 4 year loss ratio above 65%. Mr. Sharp reminded the Commissioners that the County has available a $2,000 risk avoidance grant available (the money can be used to eliminate claims, tarps, deer guards, etc.)

Fred Savage with the City of Fulton met with the Commissioners. He thanked the Commissioners for the culverts that the City of Fulton received. He discussed the potholes in the streets in the City of Fulton. He asked if the County would help provide a load of cold patch, a 55 gallon of oil and to borrow an air compressor to clean out the potholes before patching them, he also asked for access to a grader. He said that any help with any of these items would be appreciated. Lynne asked him if Fulton had applied for a grant to help with the streets, Mr. Savage said that it is difficult for a small entity to get a grant. Harold said they would discuss this next week.

Jake Stockton with Stockton Restoration Company met with the Commissioners. He presented a proposal to clean all exterior stone surfaces, cut out all defective mortar joints, tuck point all defected mortar, cut out all coping cap caulk joints and expansion joints and replace with high quality urethane, backer rod or bond breaker tape, inspect window caulking and replace any deteriorated caulking around windows, doors, vents etc, apply high quality transparent waterproofing to all stone. He offered to furnish the material and labor for $60,000 (which could be split up in $15,000 payments over 4 years, does not include sales tax, license fees or building permits). The Commissioners did not make a decision on this bid.

At 11:31, Harold made a motion to suspend the meeting for lunch and reconvene at 1:30 pm, Lynne seconded, motion passed.

Justin Meeks and Eric Bailey met with the Commissioners regarding the sewer district at the Fort Scott Lake. Justin reviewed a resolution regarding the sewer district which discusses the option of adding on to the sewer district if the located within 400’. There was a hypothetical discussion over if a housing district would be built within 400’, could they connect to the sewer district? The Commissioners asked Eric to discuss the sewer district with Kurt Shankel (who was instrumental in getting the sewer district formed).

Harold made a motion to go into a 10 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Lynne seconded, the motion passed (the session included the Commissioners, Justin Meeks and Kendell Mason). No action was taken.

Harold made a motion to go into a 15 minute executive session for non-elected personnel to protect their privacy, Lynne seconded, motion passed (the session included the Commissioners, Justin Meeks and Kendell Mason). No action was taken.

Harold made a motion to go into a 5 minute executive session for non-elected personnel to protect their privacy, Lynne seconded, motion passed (the session included the Commissioners, Justin Meeks and Kendell Mason). No action was taken.

Harold made a motion to go into a 10 minute executive session for non-elected personnel to protect their privacy and to call a non-elected individual during the session, Lynne seconded, motion passed (the session included the Commissioners and Kendell Mason). No action was taken.

At 3:21 pm, Harold made a motion to adjourn and Lynne seconded, meeting adjourned.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

________________________, Chairperson

(ss) Lynne Oharah, Commissioner

(ss) Harold Coleman, Commissioner

ATTEST:

(ss)Kendell Mason, Bourbon County Clerk

04/12/2016, Approved Date

March 2016

March 29, 2016 Tuesday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners and the County Clerk present.

Tammy Helm with the Fort Scott Tribune, Michelle Workman with the Fort Scott Biz and John Allison were also present.

Pawnee 4H club attended the meeting as part of a citizenship project; present from the 4H group were Kaleb Bailey, Mackenzie McDonald and Malinda Bailey.

Jim Harris reported that they will be blasting at the Blake quarry; he said they had been hauling rock to the area of 195^th and Tomahawk. He said they had MSHAW training last week. Jim reported that the railroad crossing on Hackberry will be closed for maintenance.

Lynne reported that Mitch Crystal requested a speed limit sign on 85^th street; no action was taken on this.

There was discussion over the amount of trash that is lying on the ground in the county. Barbara made a motion to allow free dumping for Bourbon County residents in honor of Earth Day on April 22^nd & 23^rd, 2016 during regular business hours for Bourbon County residents only, no commercial dumping, with environmental restrictions, Harold seconded and all approved.

Lynne reported that Phoenix Coal Company has requested a performance bond release; the Commissioners gave this request to Justin Meeks to review.

KWORCC insurance company did an audit of the Bourbon County properties and found a few areas that needed to be corrected; the corrections were made and the Commissioners signed the documents showing the corrections.

The Commissioners have a fence viewing scheduled for April 12^th @ 11:00 am between property owners Brent Smith and Byron Sloan near 115^th & Indian Road.

The Pawnee 4H group left the meeting.

The Commissioners will take bids for the hay at Elm Creek Lake; sealed bids will be due by 4:30 pm on April 18^th. The winning bidder will need to have the hay removed by August 1^st, 2016; if not the winning bidder forfeits his/her rights, money and the hay reverts back to Bourbon County. The sealed bids will be open at 9:30 am on April 19^th, 2016.

The Commissioners and Jim Harris did an interview with KSN news and discussed the 2016 road program.

Barbara made a motion to adopt Resolution 14-16 and to sign the loan documents from City State Bank on the financing of the Caterpillar 415F2 backhoe/industrial loader, financing $87,573 @ 2.79% for 7 years with semi annual payments of $6,865.21 (the original quoted monthly payments were $6,852.84 but the slight increase was due to the fluctuation of the payment date) Lynne seconded and all approved. Barbara and Kendell signed the documents.

Barbara made a motion to adopt Resolution 15-16 to amend the schedule of fees for Bourbon County, by adding a $20 fee for background checks for cereal malt beverage applicants/renewals, Harold seconded and all approved.

Barbara made a motion to allow for a signature on a cereal malt beverage license for Kansas Travel on Soldier Road (pending a clear background check on the applicant), Harold seconded and all approved.

At 11:59, Barbara made a motion to adjourn, Lynne seconded and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Lynne Oharah, Commissioner

(ss) Harold Coleman, Commissioner

ATTEST:

(ss)Kendell Mason, Bourbon County Clerk

04/12/2016, Approved Date

March 22, 2016 Tuesday 9:00 am

The Bourbon County Commission met in open session with Harold, Lynne and Kendell present.

John Allison, Nick Ruhl, and Jeremiah Hill were at the meeting.

Tammy Helm with the Fort Scott Tribune was also present.

Jim Harris presented chemical quotes for five different chemicals from Van Diest, CPS and RRSI; each company had a low bid for a different chemical. Harold made a motion to purchase 300 gallon of Roundup, 640oz of Escort and 2-4d from Van Diest, 300 gallon of Remedy from CPS and 300 gallon of Pastureguard from RRSI, Lynne seconded, motion passed.

Jim Harris presented a 2016 working document road program for 12 major road projects and an estimate of what he felt the materials will cost for each project. The total estimated materials cost for the 12 projects was $468,000. Jim reminded the Commissioners that there will be an expense of approximately $50,000 for the Maple road project (this expense is not included in the $468,000). The preliminary projects were as follows… 190^th – Indian to Hackberry (chip/seal), 190^th – Hackberry to Grand, 195^th (asphalt) – 195^th Indian to Hackberry (chip/seal), 195^th – Hackberry to Grand (asphalt), Liberty Bell Road – Jayhawk to Hudson (chip/seal), Hudson Road – 69 Highway to Campbell (asphalt), Soldier Road – 225^th to 245^th(chip/seal) ,245^th – Soldier to Valley (chip/seal), Maple Road – 205^th to 185^th(chip/seal), Maple Road – 75^th to 95^th (chip/seal), 75^th – Maple to 54 Highway (chip/seal), Eagle Road – 69 Highway to 230^th(asphalt). Lynne said that 125^th from Highway 54 to Range Road needed to be added to his road project list (Jim added this project to the list). Jim said he wasn’t sure if all of these projects would be completed due to budget. Jeremiah Hill questioned if chip and seal would be good enough for Soldier Road, Jim said it would be a fix for 3-4 years.

Don Tucker said he understood that there are 3 main areas when dealing with the storm sirens in the County; public safety in the County, needing to be a County-wide system and the expense needs to be within the budgetary limitations. He suggested that the County establish a matching grant program for storm sirens starting in 2017.

Barbara arrived at the meeting.

Jeremiah Hill thanked the Commissioners for the work that was done near a bridge; Jim said they had put larger rock near the bridge and poured concrete to seal and put shot rock near the bridge. Jeremiah discussed 245^th & Hackberry; he said there is a groove for approximately 80 yards in this area that the rain continues to wash out; Jim and Barbara are going to meet Jeremiah Hill at 9:00 am on March 24^th to view this area. Jeremiah left the Commission meeting.

The Commissioners opened the only bid received for the lease purchase financing of the 2016 Caterpillar 415F2 HRC Backhoe/Industrial Loader; City State Bank bid the following for financing $87,573 for seven years with semi annual payments of $6,852.84 beginning May 27, 2016 at 2.79%. Barbara made a motion to accept the bid, Lynne seconded and all approved. Barbara made a motion to attach Resolution 12-16 to this bid, Harold seconded and motion passed.

Jim Harris reported that Anna Miles a resident of 1555 Kansas Road asked the County to put up children playing signs in this area; the Commissioners will discuss this will Justin Meeks.

Barbara questioned Justin Meeks about Jim & Diana Knopp’s fence; Justin said he would probably call the Knopp’s on March 23^rd, he felt the Knopp’s would have to hire a lawyer.

Barbara made a motion to go into a 10 minute executive session for preliminary discussions relating to the acquisition of real property, Harold seconded and all approved (the session included the Commissioners and Justin Meeks). No action was taken.

Will Wallis, Paul Ballou, Lisa Ward and Pat Scott met with the Commissioners regarding storm sirens. Residents of the Fort Scott Lake formed a committee to raise funds for a storm siren and have raised $5,200 (total cost of the project is approximately $17,000), but are still lacking some funds to complete the project. Paul said that if Lake Fort Scott gets a storm siren it will be activated with the City of Fort Scott sirens. Paul said that the City of Fort Scott replaced old sirens and there are old working sirens that could be used in the County. Paul said the old sirens use more power (3 phase), and said the only expense to entities wanting to use the old sirens would be moving the siren, power and activation. Will discussed in the future, an entity having a fundraiser and the County match a portion of the funds raised. Lynne suggested having a line item in the budget of $5,000 (starting in 2016) to be used for public safety by the entities in the County. Pat Scott said the storm sirens will not be just for the residents but will be for anyone visiting (boaters, swimmers, etc.) the Fort Scott Lake. Barbara suggested using $5,000 from the Parks & Recreation fund to help fund sirens. Lynne suggested in 2017 creating a line item for Contingency for a grant program to be used for safety (not just storm sirens). Lisa Ward discussed the amount of increased use that the Lake has seen over the years. The City of Fort Scott plans to contribute $5,000 towards the Fort Scott Lake for the siren. Will Wallis discussed Code Red (phone warning when there is an inclement weather warning), and said that all Bourbon County residents should be signed up for Code Red, anyone wishing to sign up for Code Red should contact Will Wallis. Barbara made a motion to contribute $5,000 out of the Parks & Recreation fund for a tornado siren at the Fort Scott Lake in 2016 and continue to pursue possible grants in the future for storm sirens, the motion died due to a lack of a second. Barbara made a motion to contribute $5,000 out of the Parks & Recreation fund for a tornado siren at the Fort Scott Lake in 2016, Lynne seconded and all approved.

At 11:57 Lynne made a motion to suspend the meeting for lunch and resume at 1:45, Barbara seconded, motion passed.

Justin Meeks said he had reviewed the land being purchased for the jail site; he said there is one easement on the property (which would be used for sewer on the property). He said there are no active streets or alley ways on the property.

Barbara made a motion to go into a 15 minute executive session for non-elected personnel to protect their privacy, Harold seconded (the session included the Commissioners, Clint Anderson and Justin Meeks). No action was taken.

Harold made a motion to give Lynne permission to meet with Jim Harris to discuss the Landfill, Barbara seconded and all approved.

Lynne made a motion to allow each department $50 (out of the General fund in 2016) to use towards purchases for the flower beds at the Courthouse, Harold seconded, motion passed.

At 3:27, Harold made a motion to adjourn and Lynne seconded.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Lynne Oharah, Commissioner

(ss) Harold Coleman, Commissioner

ATTEST:

(ss) Kendell Mason, Bourbon County Clerk

03/28/2016, Approved Date

March 17, 2016 Thursday 8:00 am

The Bourbon County Commission met to have a 2016 road planning work session. The Commissioners and Jim Harris discussed the road conditions and the roads that need work done on them in 2016.

The work session adjourned at 9:35 am.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Lynne Oharah, Commissioner

(ss) Harold Coleman, Commissioner

ATTEST:

(ss)Kendell Mason, Bourbon County Clerk

03/22/2016, Approved Date

March 15, 2016 Tuesday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners and the County Clerk present.

John Allison attended the Commission meeting.

Jim Harris reported that they have been patching on Eagle Road.

The Commissioners will be having a 2016 road planning work session on March 17^th at 8:00 am.

Barbara made a motion to approve AT&T (Housley Communication) to bore under the road at 1397 155^th, Harold seconded and all approved.

Barbara made a motion to approve AT&T (Housley Communication) to bore under the road at 2508 Indian Road, Harold seconded and all approved.

Nate Taylor and Jim Harris met with the Commissioners regarding chemical sales in the County. They met with the State Noxious Weed director and they presented 3 options for resale of the chemicals. Currently the County sells chemicals for 25% less than cost (option #1) this equaled a loss of $24,914 to Bourbon County in 2015, #2 add a 6% handling fee (which would equal a loss of approximately $17,820 based on 2015 chemical sales) or option #3 selling chemicals by adding a flat rate of $2.37/gallon to the cost which would equal a loss of approximately $14,796 (based on 2015 chemical sales). Barbara made a motion to start selling chemicals by adding a flat rate of $2.37/gallon, Lynne seconded and all approved. The Commissioners complimented Nate on the amount of spraying he has done.

Jim Harris reported that they have been milling spots in the road on 125^th. He said they will mill out the base failures, compact the road, put hot mix overlay on and then chip the road.

Jim said last year they rented a rubber tire roller for $4,200/month, he said they need one this summer for at least 2 months and said there is one listed by KDOT on Purple Wave (he said they have inspected the machine) that is bid up to $1,300, he suggesting trying to purchase this one cheaper than renting one. This auction ends on March 24^th. The Commissioners asked for a report on what the bid is at the next Commission meeting.

Barbara made a motion to go into a 10 minute executive session for non-elected personnel to protect their privacy, Lynne seconded and all approved, (the session included the Commissioners and Kendell Mason). No action was taken.

Barbara made a motion to go into a 5 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Lynne seconded and all approved (the session included the Commissioners and Justin Meeks). No action was taken.

Barbara made a motion to go into a 10 minute executive session for non-elected personnel to protect their privacy, Lynne seconded and all approved (the session included the Commissioners, Kendell Mason and Justin Meeks). No action was taken.

Justin Meeks said he would be sending a letter to Jim & Diana Knopp and their neighbor regarding a fence.

Barbara questioned the possibility of having a variance regarding acreage required for a septic tank in Bourbon County. This will be discussed with Eric Bailey.

Will Wallis discussed the locations of tornado sirens in Bourbon County, he said Fort Scott has 9 sirens and Uniontown, Bronson, Mapleton, Fulton and Devon have sirens. He said there are non sirens in Hiatville and Redfield and was unsure if Garland had a siren or not.

Will informed the Commissioners that Heartland Electric is working in Bourbon County and currently there is no radio communication from dispatch to the fire departments.

Barbara discussed the need for a tornado siren at the Fort Scott Lake. She said that there have been memorial donations to help pay for a siren there, and they would like for Bourbon County to contribute $5,000 for the siren. Justin Meeks said that the County could create a line item in their future budgets for safety. He said if the County agreed to contribute the money for the siren then they would need money available to help other communities as well. Harold said he felt that public safety was a large part of their jobs as Commissioners, but he didn’t feel it was right asking for money from people in other parts of the County to help different areas. Lynne and Harold both said that they didn’t want to take any action at this point.

At 11:38 am, Barbara made a motion to adjourn and Lynne seconded, meeting adjourned.

THE BOARD OF COMMISSION

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Lynne Oharah, Commissioner

(ss) Harold Coleman, Commissioner

ATTEST:

(ss)Kendell Mason, Bourbon County Clerk

03/22/2016, Approved Date

March 8, 2016 Tuesday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners and the County Clerk present.

Tammy Helm with the Fort Scott Tribune was also present.

John Allison attending the Commission meeting.

Donna Snyder came to the Commission meeting stating that there was a bill turned into the County to be paid to APAC (there were barrels purchased from them for oil storage) that hadn’t been paid, after review it was determined that the bill was paid in January.

Barbara made a motion to go into a 15 minute executive session for non-elected personal to protect their privacy, Lynne seconded and all approved (the session included the Commissioners, Jim Harris, Donna Snyder and Kendell Mason). After the session, Jim stated that his employees will be participating in a meeting with the State Troopers regarding braking and safety awareness, he said they will also be having a meeting with KCAMP regarding safety, blading and truck driving safety.

Michelle Workman with the Fort Scott Biz arrived at the meeting.

Resident, Mrs. Kellogg questioned trees that were trimmed near her residence; Jim said they will not be trimming the trees on the other side of the road from her house.

Nick Ruhl attended the Commission meeting.

Lynne suggested that when a ditch is cleaned out by the ditching crew the ditch be sprayed for noxious weed to maintain the ditches.

The Commissioners discussed with Jim Harris 3 requests from residents requesting that chemicals not be sprayed near their houses due to medical issues; Jim Harris will discuss this with the Noxious Weed Director.

Barbara thanked everyone for their work on the Chamber Coffee that was held at the Courthouse last week.

Lynne discussed the road by the Dayton Cemetery, he said the road is only opened to the South of the cemetery and questioned opening the road further for the business Kansas Rocks; Kendell told the Commissioners that there is a petition to open a road if the owner wants to petition the road to be opened. Dave Killion with Kansas Rocks will be picking up a petition.

Jim said they plan to ditch 50-60 miles this year.

Jim Harris reported that they opened the cross culvert, mowed and did some ditching at 1701 195^th (John Allison’s resident). Mr. Allison said the culvert was installed at an angle and the water now runs into his drive; Jim is going to look at this.

Barbara made a motion to go into a 5 minute executive session for non-elected personnel to protect their privacy, Harold Seconded and all approved (the session included the Commissioners and Kendell Mason). No action was taken.

The Commissioners commended Victor Hughes a Fort Scott High School graduate that attends Baker University; Victor won the national championship wrestling match and is now a NAIA wrestling champion.

Terry Sercer and Rhonda Dunn met with the Commissioners and Justin Meeks regarding the 2015 fund balances. Terry reviewed detailed 2015 reports to clean up funds and put any extra money into reserve funds. Terry said he felt that there will be enough money to make transfers to cover the General fund and the Employee Benefit fund but didn’t feel that there would be much excess to put in a reserve fund for 2016. Terry said that the Road & Bridge fund will have any extra money for a reserve fund. Terry said that most of the General Fund departments did a good job of conserving money to help the overall budget. Rhonda suggesting taking any excess money from 2015 for the Appraiser and Election fund (which are not funds in the General Fund) and putting the excess in a reserve funds for the two separate funds; the Commissioners agreed that this would be a good idea. There was a brief discussion over the amount that can be budgeted in the future by the County and the possibility of having to take the mill request to the voters. Terry discussed if the County would have to raise the mill levy by $100,000 to cover courthouse security and its above the CPI limit then the increase would have to go to the voters and if unapproved by the voters, then the County would be under budget by $100,000.

Barbara made a motion to go into a 7 minute executive session for non-elected personnel to protect their privacy, Lynne seconded and all approved (the session included the Commissioners, Justin Meeks, Rhonda Dunn, Lora Holdridge and Kendell Mason). No action was taken.

At 11:59 am, Barbara made a motion to suspend the meeting for lunch and reconvene at 1:30, Lynne seconded and all approved.

Will Wallis, Bill Martin, Bobby Reed and Ben Cole met with the Justin Meeks and the Commissioners. Will said the primary E.O.C. (Emergency Operations Center) is located in the Courthouse basement and is registered with the State of Kansas. Will said that when Bill was planning the new jail site building he asked Will if he would like an area in the new building, will told Bill yes he would like an area at the new building. Will said that the Courthouse would be the primary location for the E.O.C. and the jail would be a secondary or alternate site (as a secure location). Will said the County receives $17,000 annually from EMPG grant funds and suggested using a portion of this money for the secondary site. This site could be a place where senior staff could relocate if something happened with the Courthouse. Will said the site could be a primary COOP (Continuity of Operations) location, a multi-purpose or training room. Barbara questioned if 2,000 square foot was added to the original plans to accommodate the E.O.C.; Bill said the original floor plans included an E.O.C./training room. Barbara said that the City needs to be involved in where the location of the E.O.C. site will be. The City previously stated that there is an E.O.C. inside the police department. Barbara stated that they are trying to be as open and transparent as possible on the plans for the facility. Ben Cole questioned what difference it makes on what is inside the new facility as long as the project doesn’t go over budget; Barbara said people do care what is going to be inside the new facility. Lynne stated that they have $6.85 million for the jail project and it needs to stay under budget. Barbara asked the architects for clarification on the additional 2,000 square footage to the floor plans; their response was that after fine tuning the floor plans it came out to be 2,000 square feet more than the early floor plans.

Will Wallis discussed how well the paramedics, hospital, police department, sheriff’s department, County and City work together.

Harold made a motion to go into a 15 minute executive session for non-elected personnel to protect their privacy and Lynne seconded (the session included the Commissioners, Justin Meeks and Kendell Mason). No action was taken.

The Commissioners and Justin Meeks discussed the land for the new jail location. Justin suggested that the Commissioners contact Gary Cullor to get the survey done in order to get the title search done for the land.

At 3:08 pm, Harold made a motion to adjourn and Barbara seconded.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Harold Coleman, Commissioner

(ss) Lynne Oharah, Commissioner

ATTEST:

(ss)Kendell Mason, Bourbon County Clerk

03/15/2016, Approved Date

March 3, 2016 Thursday 9:30 am

The Bourbon County Commission met in open session on the first floor of the Courthouse to have a special meeting regarding the law enforcement center. All of the Commissioners and the County Clerk were present.

Tammy Helm with the Fort Scott Tribune and Michelle Workman with the Fort Scott biz were also present along with the employees and elected officials of the Courthouse and citizens of the community.

Barbara said that the intent is to build the law enforcement facility at the price that was voted on by the voters. The project was previously discussed in a Commission meeting and was coming in over budget; the meeting was formed to answer any questions about the law enforcement center. There were original and modified floor plans available as well as a site drawing.

Larry Goldberg with Goldberg Group Architects said the project will be completed for $6.85 million (all inclusive, land, etc); he said that they will deliver what was proposed for $6.85 million and if they can’t they will modify the building to get to that price. He said that they are seeing labor shortages and increases in structural steel (was $2,100/ton in place now approximately $3,600/ton in place) which has impacted the price of the project. Mr. Goldberg discussed other projects they have done and the cost variances they have seen on these projects. He said in March of 2015 it was to be a 21,000 square foot building and in October of 2015 the building went to 23,000 square foot due to the added space for the EOC. Mr. Goldberg said no they didn’t approve this change. Heather Smith asked if there is any grant money to cover the cost of adding the EOC; Mr. Goldberg said if they make the EOC a safe room then there may be grant money available for it. Tammy Helm with the Fort Scott Tribune said that when Mr. Goldberg discussed adding the additional 2,000 square feet in December he didn’t mention the 2,000 being used for the EOC. Bob Childers said that there was no mention on the ballot of moving the Sheriff’s office to the new law enforcement center, he said that he sees the Sheriff and the jail as two separate departments and if the project is over budget then the Sheriff’s department should not move to help save money. Mr. Childers said that by moving the Sheriff’s department it will create the need for extra security in the Courthouse. Barbara said since the beginning of the project the plan has been to house the jail and the Sheriff’s department together. Barbara said the named the facility the law enforcement center due to the fact that it will not just house the jail. She also said that in 2017 they will have to increase deputies for Courthouse security. Mr. Goldberg said that there are Federal laws concerning the staffing of a jail and they if housed separate it could require additional staff at the jail. He said the law enforcement facility is designed the meet the American Correctional Association standards and will be able to hold State/Federal or local inmates.

There was discussion over the jail being able to operate on the amount of employees it currently has, Bobby Reed with the jail said he doesn’t want to add staff, but didn’t want to say no they wouldn’t add. He said the jail could be run with the amount of staff they currently have. Bill Martin said he needed two more (Sheriff) deputies for patrol, but not for the jail.

Mr. Goldberg reported that the Phase 2 environmental study came out clean on the site chosen for the law enforcement center. He said that one estimate for some of the work to be completed was estimated to cost $650,000 but now is estimated to cost $383,000. He said there was a 6.5-7% contingency built into the project cost, but expects that cost to go to 2-3%. Jim Adams asked if he knew the percent for a fact would change, why not use the 2-3% when presenting the data. Gary Walker with Universal Construction said they use a higher percent in the contingency to cover if a bid comes in higher than expected. Mr. Goldberg said that the FFE (furniture, fixtures, equipment is approximately 3 ½% – 4 ½% of the construction cost; he said they haven’t done an assessment of what can be used or what needs to be replaced and said the percentages will vary and be competitively bid. He said the site cost $200,000 and there was only $150,000 budgeted for this. Barbara said that there will be some demolition cost on the land purchased, but thought by purchasing property with access with utilities ready available would save money. Roger Sipe questioned what the final design was based on and asked if the tax payers would be asked for more money to complete the facility; Lynne Oharah said it is not going to be over budget and said the contractors will have to do what is necessary to stay within the budget. Jim Adams asked Mr. Goldberg if the project went over budget how much it would cost Mr. Goldberg personally; Mr. Goldberg said if over budget they would have to re-draw the plans to stay under the $6.85 million. Hazel Swarts questioned Mr. Goldberg about the possibilities of not getting bids on electrical projects; Mr. Goldberg said if they do not get a bid on the whole project they will break the jobs into smaller jobs for bids. Hazel Swarts said she is in support of the jail project but said the over run on expenses should have been built into the cost of the project; Mr. Goldberg said he thought the $6.85 million was more than enough to cover the costs, but said he couldn’t anticipate the labor shortage and steel price increasing.

There was discussion over whether the site chosen was in a flood zone; Lynne Oharah said it is not in a flood zone.

Heather Smith the Economic Development Director with the City of Fort Scott said Mr. Goldberg previously discussed the facility making an economic impact on our community and said that she had previously requested from Mr. Goldberg to see results for the economic impact but had not yet received them.

Gary Walker with Universal Construction said he hopes to break ground on the project in July and that it should be complete 13 months after starting.

At 10:42 am, Lynne made a motion to adjourn and Barbara seconded.

THE BOARD OF COMMISSIONERS

OF BOURON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Lynne Oharah, Commissioner

(ss) Harold Coleman, Commissioner

ATTEST:

(ss)Kendell Mason, Bourbon County Clerk

03/08/2016, Approved Date

March 1, 2016 Tuesday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners and the County Clerk present.

Tammy Helm with the Fort Scott Tribune was also present.

All three of the Commissioners will be attending a SEK district meeting in Franklin County on April 14^th, 2016. No County decisions will be made.

Rex Wilson reported that near the cemetery on 95^th & Overbrook needs gravel, Jim responded to him and they will be placing gravel on the road.

Michelle Workman with the Fort Scott Biz arrived at the meeting.

Harold reported that there is a low spot in the road that is holding water on Wagon Road between 205^th– 215^th; Jim said it’s on the list to be repaired.

Jim Harris sent out 5 bid requests for the bi-annual bridge inspections (169 bridges and 2 fracture critical), he received 3 responses. Transystems did not bid, Schwab Eaton bid $17,510 and Cook, Flat and Strobel bid $34,520. Barbara made a motion to approve the bid from Schwab Eaton for $17,510, Lynne seconded and all approved.

Barbara made a motion to approve the final payment to Rogers & Sons Concrete for $31,911.25 for the low water bridge on 255^th (the Piney Bridge), Harold seconded and all approved. This bridge expense will be reimbursed by the Federal Fund Exchange Program.

Lynne made a motion to approve a change order for the Landfill building for an additional $520 (for adding windows and doors and deleting a holding tank) bringing the total cost to $283,200, Barbara seconded and all approved.

Barbara made a motion to approve a culvert entrance for Susan Smith 1400’ North of 65 Highway on 95^th, Harold seconded and all approved.

Jim reported that the low water bridge on 240^th is on the list to be repaired.

Lynne asked that Jim check the culverts at 95^th & Unity to make sure they are cleaned out so that the water can run through them.

Barbara opened the bids for the financing of the 2016 John Deere 624K loader; City State bid 3.49% for 6 years with annual payments of $27,844.47 bringing the total payments to $167,066.82, Landmark bid 2.875% for 7 years with an approximate total payment of $165,461. Lynne made a motion to approve Landmark for financing, Harold seconded and all approved.

Jim said that Marti Tuchscherer thanked the work that the bridge & culvert crew did.

Jim said that neither he nor the Commissioners have any authority over railroad crossing work.

Jim reported that the railroad did additional drainage work on 170^th he said that the County is going to put an additional drain approximately 75-100’ past the railroad crossing to try and help with the drainage issue there.

Lynne brought up the condition of the Lake Road; Jim agreed that it does need some work.

Jim and the Commissioners will have a work session on March 17^th at 8:00 am to review the 2016 road planning maintenance.

The Commissioners will open the bids for the financing of the 2016 Caterpillar backhoe/industrial loader (which was previously approved for purchase on February 23^rd) on March 22, 2016 at 9:30 am.

Lynne reported that he talked with Kevin Rost with the Goldberg Group Architects and Kevin reported that the Phase 2 environmental study results are not yet available.

Senator Jake LaTurner met with the Commissioners regarding auditing fire districts in Kansas. He presented a rough draft of an amended Senate bill 476 which stated that Bourbon County can order an audit of any fire district in Bourbon County and that the Township in which the fire district is located will be responsible for the cost of the audit. The Commissioners suggesting adding in the bill that if a fire district is located in multiple Townships then all of the Townships will split the cost of the audit equally and also add that the bill only pertains to rural fire districts. The Commissioners asked that Justin Meeks write a letter of support from Bourbon County and send the letter to Jake LaTurner. Mr. LaTurner said that this bill will hopefully present transparency. He said the bill has been introduced and is scheduled for a hearing on Thursday; he thought the bill would pass through the Senate fairly quickly.

Barbara made motion to go into a 20 minute executive session for non-elected personnel to protect their privacy, Lynne seconded and all approved (the session included Justin Meeks, Kendell Mason and the Commissioners). No action was taken.

The Appraiser, Clint Anderson, informed the Commissioners that they had received an extension to mail valuation notices until March 18^th. Clint said in the past that the Appraisers office had not been adhering to collecting the penalty on personal property rendition notices that were not returned. Clint said this year they will be collecting a penalty of 5%/month each month for five months and after five months with no response the penalty will go from 25% to 50%. Clint reported that the personal property renditions were mailed out in January.

At 11:21, Barbara made a motion to suspend the meeting for lunch and reconvene at 1:45 pm, Harold seconded and all approved.

Justin Meeks reported that he is reviewing the contracts at the Fort Scott Lake and the sewer system there; regarding consolidation of lots.

Justin Meeks and Terra Tecchio met with the Commissioners regarding two separate alleged KORA violations; one for the Garland Fire District and one for the City of Redfield. They said that the Drywood Township & Scott Township requested records from Fire District #2 Under KORA. The Fire District #2 presented a bill to the Townships, but the Townships didn’t pay the bill, the Townships tried to get the records for free (they felt they had the power to get them for free, but don’t legally have the powers to get them for free). Terra told them that an audit would have to be done by a CPA, Drywood isn’t happy about this and Scott Township is going to meet with Terra to discuss the records. Justin said that it’s his job as the County Attorney to investigate if a KORA violation has occurred and he said he didn’t feel that a KORA violation had occurred. Lynne made a motion to give Terra Tecchio authority to write Jake LaTurner supporting Senate bill 476, Harold seconded and all approved.

Barbara made a motion to form a committee of 5 or 7 members of both elected and non-elected personnel to make revisions and updates to the employee handbook, Harold seconded and all approved.

Justin commented about a letter to the editor in the Fort Scott Tribune regarding the contract to build the jail. He said the letter suggested hiring a special attorney to look at the legal details of the jail building contract. Barbara said that there is a perception out there about the cost of the jail and felt that there is information that can be presented to explain this better. Bourbon County will be hosting the Chamber Coffee on March 3, 2016 at 8:00 am and will then hold a public meeting regarding the correctional facility update at 9:30 am on the first floor of the Courthouse.

At 4:26 pm, Barbara made a motion to adjourn and Lynne seconded.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Lynne Oharah, Commissioner

(ss) Harold Coleman, Commissioner

ATTEST:

(ss)Kendell Mason, Bourbon County Clerk

03/08/2016, Approved Date

February 2016

February 23, 2016 Tuesday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners and the County Clerk present.

Tammy Helm with the Fort Scott Tribune was also present.

Jeremiah Hill met with the Commissioners; he said he reported through the Bourbon County website three months ago road problems. He said he went 30 days without any contact regarding the issues he reported. Jeremiah said he thought the Commissioners would contact him regarding the plan of action on what he reported. Barbara explained to him that it is the Road & Bridge department’s responsibility to report back to the person filing the report. He said he reported that old 69 South near Clarksburg Church is narrow and the ditches are deep, Jim said they will put some rock in the ditch to help patch the ditch. Jeremiah said there is a new bridge off of Indian that is washing away, he said that water is coming over the bridge and washing out; Jeremiah suggested pouring a concrete pad on the other sides of the bridge, Jim said he would have Frank Young look at the bridge. Jeremiah said that a bridge on Deere Road was washed out and that there has been rock placed there to make it better. Jeremiah asked for rock on Range Road between 235^th-245^th, Jim said they will get this done. Jim said he is not getting emails with road reports/complaints; Barbara called Shane Walker to the Commission meeting to report that Jim is not getting emails, but the Commissioners are. Shane suggested that the emails are going to junk email or something is blocking the emails; Barbara said that the emails are not going to junk. Jim is going to work with his office regarding communicating with the people that report road issues.

Jim Harris presented quotes for a loader backhoe to be used at the Landfill. Cat presented a quote for $87,573 for a 2016 CAT 415F2 with a 5 year or 5,000 hour warranty. John Deere presented a quoted for $88,515 for a 2016 John Deere 310LEP with a 3 year or 3,000 hour warranty. Case presented a quote for $89,200 for a 2016 Case 580N with a 1 year warranty. Lynne made a motion to purchase the 2016 CAT 415F2 for $87,573 Harold seconded and all approved.

Jim said they will be selling the two Belly Dump trailers (as was previously decided by the Commissioners). Harold made a motion to sign the titles and Lynne seconded.

Jim presented culvert quotes for 25 culverts size 17”x13”x24’ and 20 culverts size 21”x15”x24’, 12 bands 17”x13” and 12 bands size 21”x15”. Welborn Sales quoted $12,100.20, J & J Drainage quoted $12,120.00 and Judy’s Iron & Metal quoted $15,870.00. Barbara made a motion to accept the low quote from Welborn Sales for $12,100.20 Harold seconded and all approved.

Harold reported that the culvert on 225^th North of Tomahawk is washed out. Harold said that the ditch is washed out by the Beth low water crossing. Harold reported that the road at Wagon and 225^th is washed out.

Barbara reported to Jim that the railroad did work on 230^th between Hackberry & Grand and residents are having trouble getting a low boy trailer over and high centered. Jim Harris will look at the road.

Robert Coon arrived at the Commission meeting.

Lynne discussed the County owning the property up to the Dayton Cemetery gate. Lynne suggested the County extend the current road to make it a public road. The Kansas Rock Park wants utilities to their property and if the road is a public road then the utility company can use the road to get utilities to the Kansas Rock Park. Jim is going to look at the property to see if it could be made into a public road.

Robert Coon a resident of 1246 265^th, Fort Scott discussed State owned property near his house. He said the State took the land on 54 Highway which is the drive he uses to get to his house. He said he has maintained the gravel lane (gravel and mowing, etc.) and that the State has not contributed any money to help pay for the maintenance. He said since it is State owned the State should maintain the property. He said it is approximately ½ acre. Robert suggested that the State give him the property since he’s been maintaining it. He said that Darren Petrowsky with the State suggested to him that the State give the property to the County and the County could give Robert the property. Robert said there have been multiple accidents and recently a tractor trailer stuck in his yard. He wants to put a gate up on this lane (to prevent traffic on the lane), but can’t because it is State owned property. The Commissioners are going to discuss this with Justin Meeks and will get back to Robert Coon on the issue.

Harold made a motion to go into a 10 minute executive session for non-elected personnel to protect their privacy and Lynne seconded the session included the Commissioners and Jim Harris). No action was taken.

Robert Query met with the Commissioners. He said he met with Lynne in July regarding ditch work that the County did creating a natural waterway in his hayfield; Robert said the only thing the County would have to do is cut a berm. Lynne told Robert the County would get to it; Robert said he is just going to fix it himself. Robert said the railroad crossing at Hackberry as well as 240^th is too steep to get a low boy trailer over. He said the railroad doesn’t close a road to do work on a road without contacting the County, he said when the railroad was doing work on 230^th the County should have stopped the work they planned to do because now the crossing at 230^th is too steep as well.

The Commissioners may all attend a listening session with the Higher Learning Commission of the North Central Association on February 29^th at 6:30 pm; no County business will be discussed.

The Commissioners decided to continue to have the Courthouse insured for replacement cost and not reproduction cost through KCAMP.

Barbara made a motion to sign the proclamation celebrating 48 years of fair housing, Harold seconded and all approved.

At 12:00 Barbara made a motion to suspend the meeting and reconvene at 1:00, Harold seconded and all approved.

Harold called Jim Harris to report that he received a call reporting that 235^th & Jayhawk needs gravel and to be bladed.

Barbara made a motion to go into a 15 minute executive session regarding matters relating to the security of a public body or agency, public building or facility or the information system of a public body or agency, if the discussion of such matters at an open meeting would jeopardize the security of such public body, agency, building, facility or information system, Lynne seconded and all approved (the session included the Commissioners). No action was taken.

At 1:50, Barbara made a motion to adjourn, Lynne seconded and all approved.

At 2:50, Barbara made a motion to reconvene the meeting and Lynne seconded. Present for this meeting was Lynne, Barbara and the County Clerk.

Barbara made a motion to go into a 10 minute executive session for non-elected personnel to protect their privacy and Lynne seconded (the meeting included the Commissioners, Ben Cole and Bobby Reed). No action was taken.

Barbara made a motion to go into a 10 minute executive session for non-elected personnel to protect their privacy and Lynne seconded (the meeting included the Commissioners, Kendell Mason, Paul Gordon and David Neville). No action was taken.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Lynne Oharah, Commissioner

(ss) Harold Coleman, Commissioner

ATTEST:

(ss)Kendell Mason, Bourbon County Clerk

03/01/2016, Approved Date

February 16, 2016 Tuesday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners and the County Clerk present.

Tammy Helm with the Fort Scott Tribune and Michelle Workman with the Fort Scott Biz were also present.

Barbara made a motion to go into a 10 minute executive session for non-elected personnel to protect their privacy and Harold seconded (the session included the Commissioners and Jim Harris). No action was taken.

Jim Harris reported that they will be doing a second blast at the Thomas quarry (at no additional charge) due to the fact that the first blast left the pieces of rock too large.

Bill Martin & Ben Cole met with the Commissioners. Bill said that Bourbon County will be getting two K9 dogs. He said he had two deputies that were interested in being a K9 handler and that there was a private donor that has agreed to buy and pay for the training for Bourbon County to have two K9 dogs. Bill said that there will be two K9 handlers and he will be a backup or alternate handler for the dogs. He said they will be trained as drug and tracking dogs. Bill said that the donor was concerned about issues going on in the County. Bill said that they received a $5,000 K9 grant from LEAP which brought the price of the two dogs to approximately $28,000. The Commissioners thanked the anonymous donor for their generous donation. Bill reported that they have hired an additional deputy in the Sheriff’s department.

Barbara made a motion to pay the 2016 dues to KCCA (Kansas County Commissioners Association) for $485, Lynne seconded and all approved. All three of the Commissioners may be attending a conference in Manhattan May 3^rd – 5^th.

Kevin Allen met with the Commissioners; he said he had heard that a manufactured home with a concrete block foundation will be changed and taxed as a permanent stick built home verses a mobile home. He said he had talked to the Appraiser and the Appraiser said that per State regulations they will not be taxed as a stick built home but will be in a different classification of mobile home due to the type of foundation. Kevin discussed the fact that the Fort Scott Lake property has increased in value due to properties being sold at a higher cost.

KCAMP the insurance company for Bourbon County property will be contacting Bourbon County to appraise Bourbon County properties which are appraised over $100,000. For a cost of $300/property they will appraise buildings at reproduction cost. No decision was made on what type of appraisal the Commissioners want to have done on the County property. The Commissioners will discuss this further on February 23, 2016.

At 11:39, Barbara made a motion to suspend the meeting and resume at 1:45, Lynne seconded and all approved.

Barbara made a motion to go into a 25 minute executive session for non-elected personnel to protect their privacy, Harold seconded and all approved (the session included the Commissioners, Justin Meeks and Jim Harris). No action was taken.

Lynne reported that Gene Collier contacted him regarding public transportation. Public transportation needs funds to help cover operational expenses. Bourbon County currently contributes $45,600 annually to Meals on Wheels (and a portion of that money has been used for transportation). No decision was made on how the County could contribute any more money to help with public transportation.

At 2:49 Barbara made a motion to adjourn, Lynne seconded and all approved.

THE COUNTY COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Lynne Oharah, Commissioner

(ss) Harold Coleman, Commissioner

ATTEST:

(ss)Kendell Mason, Bourbon County Clerk

02/16/2016, Approved Date

February 9, 2016 Tuesday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners and the County Clerk present.

Tammy Helm with the Fort Scott Tribune was also present.

Jim Harris presented a bill for Home Center Construction for $91,828 for the Landfill building; Barbara made a motion to pay $91,828 (to be paid out of the Landfill bond money) to Home Center on February 19, 2016 and Lynne seconded, motion passed.

Jim presented a bid from Schwab Eaton for the 2016 biennial inspection of 169 bridges (139 bridges @ $90 each and 30 low water crossings for $60 each), for $14,310 and two additional bridges (requiring hands on inspections) for $3,200 for a grand total of $17,510. The Commissioners asked Jim Harris to request bids for the bridge inspections.

Jim presented the Commissioners with the road program and projects that were completed in 2014 & 2015. He also presented them with a list of 2016 road projects. Jim said that he is going to have an engineer look at Campbell Drive (the north/south road in the Industrial Park) to see what they recommend for repairs there.

All of the Commissioners may be attending Public Assistance Program training on Wednesday at 9:00 am at the Courthouse. No County decisions will be made.

Jim presented a purchase order for the 2016 John Deere 624K loader that the Commissioners previously agreed to purchase; a 2006 Komatsu grader was traded in on the grader (the trade in made the 2016 payment). Barbara asked Kendell to prepare a letter to send to local banks for financing the remaining $148,413. The letter was prepared and the bids will be open on March 1^st.

At 10:15 am, Barbara made a motion to suspend the meeting to attend the funeral for Bill Dunn and for lunch they plan to reconvene at 1:30 pm.

The meeting reconvened with Lynne and Barbara present.

Barbara had a complaint from C. H. Felt a resident at 240^th & Jayhawk; Barbara called Jim Harris regarding the complaint. Jim said the County will be replacing a culvert at 240^th & Jayhawk.

Barbara made a motion to go into a 15 minute executive session for matters relating to the security of a public body or agency, if the discussion of such matters at an open meeting would jeopardize the security of such public body, agency, building, facility or information system, Lynne seconded and all approved (the session included the Commissioners and Justin). No action was taken.

Barbara made a motion to go into a 10 minute executive session for non-elected personnel to protect their privacy, Lynne seconded (the session included Justin Meeks, the Commissioners and Kendell Mason). No action was taken.

Barbara made a motion to go into a 5 minute executive session for non-elected personnel to protect their privacy, Lynne seconded (the session included Justin Meeks, the Commissioners and Kendell Mason). No action was taken.

Barbara called Kevin Rost with Goldberg Group Architects to tell him to start the preliminary bidding process on the metal building and the MEP (mechanical, electrical and plumbing) detention equipment for the new jail.

At 3:00 pm, Barbara made a motion to adjourn and Lynne seconded.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Lynne Oharah, Commissioner

(ss) Harold Coleman, Commissioner

ATTEST:

(ss)Kendell Mason, Bourbon County Clerk

02/16/2016, Approved Date

February 2, 2016 Tuesday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners and the County Clerk present.

Tammy Helm with the Fort Scott Tribune was also present.

Barbara made a motion to nominate Nate Taylor as the weed supervisor for Bourbon County, Lynne seconded and all approved.

Brian Snyder a resident at 1399 Wagon Road met with the Commissioners regarding large jaw rock that is on Wagon Road between 7 and 125^thfor two miles. Jim said that the County will place large jaw rock on a dirt road and then will cover with base rock. Mr. Snyder said that he has $9,000 worth of tires on his semi and doesn’t want to ruin tires driving on this jaw rock. Mr. Snyder said that there were two areas that needed this large rock but not for two miles. Jim is going to address this road with the grader operator. Mr. Snyder said that there is a three ton bridge and a seven ton bridge that is near his property; he said that he can’t get large deliveries (seed, equipment) to his property due to the weight limits on the bridges.

Karen Hutchinson a resident of 2253 235^th told Barbara that the road grader is leaving a lip of rock on the edge of the road and that it is holding water. Jim is going to look at this.

Jim is going to bring a 2016 road program to the Commissioners next Tuesday; the Commissioners will schedule a time to work on this.

Bourbon County will be having the Chamber coffee on March 3^rd at 8:00 am, all of the Commissioners may be present for this, but no County decisions will be made.

Barbara announced that Bourbon County received a $600 check from KCAMP for the 2014 loss ratio award; Barbara commended the departments on this. This money will be deposited in the employee benefit fund.

Justin Meeks said he had viewed a fence line between Jim and Diane Knopp and EMC Trust; he said he would tell the Knopp’s that they need demand EMC Trust to get the fence fixed; if this doesn’t get any results, Justin said the Knopp’s would need to order the Commissioners to do a fence viewing.

Barbara made a motion to change the job title of Jail Administrator to Major and change the job title of Director of Security to Captain, Lynne seconded and all were in favor. This will add duties to the job descriptions and will give flexibility to a few employees in the Correctional Center.

At 11:24, Barbara made a motion to break for lunch and reconvene at 1:45, Lynne seconded and all approved.

Barbara made a motion to approve salary Resolution 11-16; the resolution added the position of assistant county appraiser, changed the job title of jail administrator to major and changed the job title of director of security to captain, Harold seconded and all approved.

Barbara asked Justin Meeks to follow up on an issue that Bill Belshe discussed with the Commissioners. Bill Belshe said he had called the Attorney Generals office regarding an issue he had with the Rural Water and the way they calculate the water bills. Mr. Belshe said that the Attorney General’s office told him that if he had an issue with Rural Water he needed to go to the board of County Commissioners with the issue. The Commissioners told Mr. Belshe that he needed to go to the Rural Water District’s board meeting to address his issues with them; Bill Belshe said he didn’t think he would be attending a board meeting but wants the County to follow up with the Attorney Generals office. Barbara asked Justin Meeks to follow up on this issue to see if the County has any jurisdiction over the Rural Water District.

Barbara made a motion to go into a 10 minute executive session for matters relating to the security of a public body or agency, public building or facility or the information system of a public body or agency, if the discussion of such matters at an open meeting would jeopardize the security of such public body, agency, building, facility or information system, Harold seconded and all approved (the session included the Commissioners, Justin Meeks and Kendell Mason). After the session, Barbara made a motion for Justin Meeks to research a road that was previously closed on 260^th near Deer and Cavalry Road, Barbara questioned if the road could be re-opened, Lynne seconded and all approved.

Barbara made a motion to go into a 10 minute executive session for preliminary discussions relating to the acquisition of real property, Harold seconded (the session included the Commissioners and Justin Meeks).

The Commissioners decided to do the geological survey on the proposed site for the jail; Barbara informed Kevin Rost from Goldberg Group of this decision.

At 2:57, Barbara made a motion to adjourn and Harold seconded, meeting adjourned.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Lynne Oharah, Commissioner

(ss) Harold Coleman, Commissioner

ATTEST:

(ss)Kendell Mason, Bourbon County Clerk

02/16/2016, Approved Date

January 2016

January 26, 2016 Tuesday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners and the County Clerk present.

Tammy Helm with the Fort Scott Tribune was also present.

Rhonda Dunn met with the Commissioners to review the budgeted carryovers from 2015. Most of the funds are projected to have a more of a carryover than was projected; Noxious Weed does not have the projected carryover so their 2016 budget on what they can spend will be reduced by -$3,236.63. Rhonda told the Commissioners that 2016 will be a tough year financially for all, but felt that we would all learn to do more with what we have. Rhonda discussed the Landfill bond money fund; she said she asked what revenue was going to be used to pay for the Landfill bonds; Lynne said by cutting one employee at the Landfill that would help pay for the bond payments. Rhonda said the money needs to be moved out of funds on a regular basis into a bond payment fund so that the money is available when the payments are due.

The County received the bond money for building the Landfill building and decided to cut an early check for the amount currently due to the builders.

Lynne said he had spoken with Kevin Rost at Goldberg Group Architects and told them that the voters had approved to spend $6.8 million and that they need to stay within that budget for the new jail. There will be a meeting on January 28^th, 2016 at 10:00 am regarding the jail construction progress, at this time only one Commissioner is planning on attending the meeting.

Lynne said that there had been a person that asked Jim to gravel and maintain a road; after checking into this property it was determined that it was a private drive. Jim said that in the future if there is a dead end road needing maintained in question, he will ask Shane Walker determine if it is a private drive.

Dianne Knopp a resident at 373 170^th street, met with the Commissioners; Justin Meeks was supposed to send a letter to her neighbor regarding the fence between them. Justin said this has not been done. The Commissioners asked Justin to view the fence in question and send a letter to the neighbor. If this does not get any results then the Commissioners may do a fence viewing.

Nate Taylor the Noxious Weed director met with the Commissioners to present the 2016 annual weed management plan for Bourbon County. He discussed the various different weeds in Bourbon County (on State, County and private land) as well as the treatment used for them. The Commissioners suggested that Nate get a booth at the fair or at the home show to discuss the noxious weeds in the County. Jim suggested increasing the Noxious Weed budget for chemicals in the future, since Nate is aggressive in treating noxious weed; Jim said the more he sprays the less the County has to mow. Barbara made a motion to approve the 2016 Noxious Weed plan, Lynne seconded and all approved and signed the plan.

Nate Taylor presented an annual Noxious Weed eradication progress report for 2015. The report showed how much was treated and what was spent in 2015 to treat the weeds. Barbara made a motion to approve the 2015 Noxious Weed Eradication progress report, Harold seconded and all approved.

Lynne told Jim that there is $450,000,000 available from the State for grants for land and water conservation funds. Lynne asked that Jim check into this grant money for Elm Creek Lake.

Jim Harris said that the City of Fort Scott asked the County to waive the fees at the Landfill for the remaining C & D from the Western building at 1^st and National that is being torn down. Barbara made a motion to waive the fees at the Landfill for the City of Fort Scott for the remaining C & D from 1^st and National, Lynne seconded and all approved.

Jim Harris presented his estimates for what it costs to haul gravel verses having a fourth quarry site in the County. Jim recommended a quarry in the Northwest part of the County due to the savings on hauling the rock. Lynne suggested having a core sample done at a possible quarry site; Barbara said financially the County is too tight to do this at this point.

Lynne said that Larry Jorgensen asked for $2,500 from Bourbon County to help pay for the dock at the pond by the school in Uniontown; he suggested paying for it out of Special Parks & Recreation. No decision was made on this.

Rhonda Dunn gave an idle funds report. She said that the balance in the checking accounts as of 12/31/2015 is $15,828,629.40; she said the CD value is $1,640,174 and said the account value for investments is $17,468,803.

Barbara made a motion to go into a 15 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Harold seconded and all approved (the session included the Commissioners, Bill Martin, Bobby Reed, Alvin Metcalf and Justin Meeks). No action was taken.

At 11:40, Barbara made a motion to suspend the meeting and reconvene at 1:45, Lynne seconded and all approved.

Barbara made a motion to transfer $131,796 from the Landfill fund to the Special Machinery Fund, Lynne seconded and all approved.

Barbara made a motion to transfer $100,000 from the Landfill bond money to the Landfill fund to cover what has been spent out of the Landfill to pay for the construction costs of the building, Harold seconded and all approved.

Barbara made a motion to re-appoint Lynne Oharah to the SEKMHC board with the term expiring 12/31/2018, Harold seconded and all approved.

Barbara made a motion to go into a 15 minute executive session for non-elected personnel to protect their privacy, Lynne seconded and all approved (the session included the Commissioners, Justin Meeks, Clint Anderson and Kendell Mason). After the session, Lynne made a motion to create an Assistant County Appraiser position at a rate of $13.25/hour, Clint will advertise and hire for the position and once it is filled the Appraiser Quality Control position will be eliminated, Barbara seconded and all approved.

Justin Meeks questioned the Commissioners about the dog ordinance that the County has; he asked if the Commissioners wanted him to do a new dog ordinance; the Commissioners said no and to leave the dog ordinance as is.

Justin Meeks questioned where documents should be kept from the Commission meeting; the Commissioners decided to store them in a file cabinet in the Commissioners room.

The Commissioners discussed the exterminator bills for the County; Courthouse General will pay the bill for the exterminator at the jail until the new jail is built, at that point the Correctional Center will be responsible for this expense.

Barbara made a motion to re-appoint Mark McCoy as a non-lawyer member to the Sixth Judicial Nominating Commission for a term from March 7, 2016 – March 2, 2020, Harold seconded and all approved.

Lynne made a motion to donate $2,500 out of the Special Parks & Recreation fund to the City of Uniontown to help with the construction costs of the dock, spillway and steps at the pond near USD 235, Barbara seconded and all approved.

At 3:31 pm, Barbara made a motion to adjourn and Harold seconded.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Lynne Oharah, Commissioner

(ss) Harold Coleman, Commissioner

ATTEST:

(ss)Kendell Mason, Bourbon County Clerk

02/09/2016, Approved Date

January 19, 2016 Tuesday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners and the County Clerk present.

Tammy Helm with the Fort Scott Tribune was also present.

Lynne corrected what was previously printed in the Tribune; he said it was printed in the paper that the County eliminated a grader position one year ago, but Lynne said that position was eliminated three years ago. Lynne also said that ditching is done when weather permits.

Barbara said a taxpayer asked her why the County wasn’t having the filters cleaned (as was previously done) and re-used at a cost savings of approximately 30% compared to new filters; Jim said O’Rielly Auto Parts is selling the County new filters at a cost of approximately the same as having the filters cleaned and reused.

Rhonda Dunn presented to the Commissioners Resolution 10-16; a Resolution cancelling a list of checks that are over 2 years old, (that the Treasurers office has issued) worth $380.12. Barbara made a motion to adopt Resolution 10-16, Harold seconded and the motion passed.

Bill Belshe met with the Commissioners. He thanked the Commissioners for the gravel that has been placed on his road. He said he wanted to talk to the Commissioners about a problem he has with the Rural Water District. He said he talked to the State (he said he started with the Attorney General and eventually talked to someone in the Health & Environment department) and the State said he had to go through the County Commissioners first to get anything done regarding rural water. He said the State said the County decides if there was any wrong doing and if so, the County was to turn this over to the County Attorney. Mr. Belshe presented his water bills and said that Rural Water rounds up or rounds down on the water used on their bills. He said he knows that Rural Water is not checking his meter, he said he told them he wants a note on his door when they read his meter. He said it is not fair for them to round up or round down. Rick Mcdaniel said that Rural Water has been calculating the bills the same for years. The Commissioners asked Mr. Belshe if he had been to a Rural Water board meeting; he said why would I do that, he said the 9 member board will only side with Rick Mcdaniel. Justin Meeks arrived at the Commission meeting and Barbara explained the situation to him. Justin said if the Commissioners asked him he would look into the billing procedure. Barbara called Rick Mcdaniel for clarification on the billing process, Rick will be meeting with the Commissioners on January 26^th at 9:30 am.

Will Wallis the Emergency Preparedness Director met with the Commissioners. He said he had been working with the State in regards to the Public Assistance Program and how it can help support the County in regards to the possibilities of monies left on the table when a disaster strikes. Will said that there is a possibility of getting reimbursed for 85% of expenses (on repairs for roads, gravel, etc.). The Commissioners agreed to hear a power point presentation from the State on February 10^th at 9:00 am.

Lynne took a phone call from a resident on Wagon Road; the resident requested gravel on the road.

Barbara made a motion to amend Resolution 24-14 to give the Appraiser a 2% increase in wages, (as agreed when the Appraiser Clint Anderson was hired), Lynne seconded and all approved and signed amended Resolution 24-14.

At 11:50 am, Barbara made a motion to suspend the meeting and resume at 2:00 pm, Lynne seconded and all approved.

There will be a jail construction progress meeting between the County and the contractors on January 28^th at 10:00 am; originally only one Commissioner was planning on attending the meeting, but there now may be all three Commissioners present for this meeting at the Commission room. The Commissioners discussed the increase in square footage as well as the increase in construction cost and the project being over budget.

Rhonda Dunn presented the Commissioners with a spreadsheet showing tax years (2011-2015) and the tax collected in those years and distributed. Each year the dollar amount distributed has increased. The County mill levy in 2011 was 61.492, 2012 61.478, 2013 63.033, 2014 62.979 and 2015 63.647. The valuation each year has continued to increase except for 2013 which was lower. Rhonda said she felt that there wasn’t a revenue problem but a budget problem in 2015 regarding the motor vehicle budgeted revenue. Rhonda said there is a possible legislative change regarding taxes; she said there is a legislative change pending which would change cancelled tax from $5 to $10.

Lynne said that Jim asked permission to have core samples done on the Elwin Ermel property as a possible quarry site. Barbara and Harold both said no, not at this point, they want to know financially where the County is. Lynne is going to ask Jim to provide a cost estimate to open a quarry and to estimate what the County could save by having a quarry in that location verses hauling rock from other parts of the County.

At 3:26 pm, Barbara made a motion to adjourn and Harold seconded; meeting adjourned.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Lynne Oharah, Commissioner

(ss) Harold Coleman, Commissioner

ATTEST:

(ss)Kendell Mason, Bourbon County Clerk

01/26/2016, Approved Date

January 12, 2016 Tuesday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners and the County Clerk present.

Hazel Swarts, Ph.D. met with the Commissioners regarding the SEK Area Agency on Aging. There is a vacancy on this board due to the death of Ottis Allen. Harold made a motion to nominate Hazel Swarts to SEK Area Agency on Aging and Lynne seconded, motion passed.

Jim Harris presented a permit for an access driveway (culvert) at 1613 Valley Road, Mapleton, Barbara moved to approve the permit, Lynne seconded and all were in favor.

Jim Harris presented a permit for a culvert access entrance for a new house for Steve Cross at a location .3 miles East of 45^th & Yale Road, Barbara moved to approved the culvert application, Lynne seconded and all approved.

Shotze Griffiths spoke with Jim Harris regarding the condition of 55^th Street; Jim assured her that they are working on this road.

Jim presented the Commissioners with a quote to trade in the two belly dump trailers (the County owns two belly dump trailers that need tires replaced at a cost of $3,500); Armor Lite Trailer Manufacturing quoted a trade in difference of $1,500 each for two new 2017 models Armor Lite Bottom Dumps; Harold made a motion to purchase the bottom dump trailers to replace the belly dump trailers, Lynne seconded and all were in favor.

Jim said he is receiving a large amount of road complaints; Jim said he is short a road grader and needed the Commissioners opinion on what to do. No decision was made.

Lynne and Jim Harris drove around Commission district #1 looking for possible quarry sites. They talked to property owners Ermel and Laughlin about drilling on their properties. The Commissioners are going to think about the coring options and asked Jim to bring it up at the next Commission meeting.

Jim Harris presented a waiver release from liability and for use of parking area by Bourbon County Road & Bridge department (a written agreement for property owners John & Kathryn Hunter of property at 1431 215^th Street, Fort Scott). Lynne made a motion to approve the use of the parking area owned by the Hunters to park personal vehicles of County employees, Harold seconded and all were in favor. The Commissioners asked Kendell to notify the insurance company of this.

Eric Bailey, Bourbon County Sanitarian, met with the Commissioners regarding approval of the new advised flood plain maps. Barbara made a motion to approve Resolution 08-16 to adopt the new flood maps (which amends resolution 07-08). Lynne seconded and all were in favor. Flood plain map sheets are available in the Sanitation office.

Barbara made a motion to go into a 15 minute executive session regarding non-elected personnel to protect their privacy, Lynne seconded (the session included the Commissioners Kendell Mason, Clint Anderson and Justin Meeks). No action was taken.

Barbara made a motion to go into a 15 minute session regarding attorney client privilege, Harold seconded and all were in favor (the session included the Commissioners and Justin Meeks). No action was taken.

Barbara made a motion to go into a 5 minute executive session regarding attorney client privilege, Lynne seconded and all were in favor (the session included the Commissioners and Justin Meeks). No action was taken.

At 11:38, Lynne made a motion to suspend the meeting for lunch and reconvene at 1:00 pm, Harold seconded and all were in favor.

At 1:00 the Commissioners met with Leon Hester and Justin Meeks. Justin reviewed a contract between the County and Leon Hester regarding the Wade Aluminum site; the contract gave Leon Hester the land and divided the site into 3 parcels. Barbara moved to adopt resolution 09-16; (authorizing the County to dispose of or sell real estate which has been determined to be surplus, not required for public use, or unmarketable and whereas on February 24, 2015, Bourbon County entered into an agreement with Hester Transportation, LLC, a Kansas limited liability company (Hester), to sell to Hester certain real property owned by the County, the costs of remediation furnished by Hester exceed the value of the subject property, Hester has completed the clean up and remediation of the subject property as specified in the storm water pollution plan dated February 21, 2013 and Removal action design plan dated April 24, 2013 and as otherwise required by the Kansas Department of Health and Environment), Lynne seconded and all approved. Motion passed. The Commissioners, Kendell and Leon Hester signed the documents and Justin agreed to provide Leon Hester with a copy of the agreement.

The Commissioners opened an official bid form from City State Bank (the only bid received) for the bonds on the Landfill building that is being built. The interest rate on the bond varied between 3.5%, 4% and 5% with an average annual net interest rate of 4.34121%. Justin Meeks reviewed the bid. Barbara made a motion to accept the bid from City State Bank, Lynne seconded and all approved, motion passed.

Barbara made a motion to go into a 15 minute executive session for non-elected personnel to protect their privacy, Harold seconded (the session included the Commissioners, Justin Meeks, Deb Schoenberger, Bill Martin and Ben Cole). No action was taken.

Barbara made a motion to adopt Resolution 07-16, authorizing and directing the issuance, sale and delivery of General Obligation Bonds, Series 2016, of Bourbon County, Kansas; providing for the levy and collection of an annual tax for the purpose of paying the principal and interest on said bonds as they become due; making certain covenants and agreements to provide for the payment and security thereof; and authorizing certain other documents and actions connected therewith, Lynne seconded and all approved, motion passed.

Harold and Barbara will be attending a funeral this week; no County business decisions will be made.

At 1:59, Barbara made a motion to adjourn the meeting and Harold seconded, meeting adjourned.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Harold Coleman, Commissioner

(ss) Lynne Oharah, Commissioner

ATTEST:

(ss)Kendell Mason, Bourbon County Clerk

01/19/2016, Approved Date

January 5, 2016 Tuesday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners and the County Clerk present.

Tammy Helm with the Fort Scott Tribune was also present.

Jim Harris that they will be placing cold patch on Deer Road today.

Barbara made a motion to go into a 20 minute executive session for non-elected personnel to protect their privacy and Lynne seconded (the session included the Commissioners, Justin Meeks and Jim Harris). No action was taken.

Barbara made a motion to go into a 10 minute executive session for non-elected personnel to protect their privacy and Lynne seconded (the session included the Commissioners, Justin Meeks and Jim Harris). No action was taken.

Michelle Workman with the Fort Scott Biz arrived at the Commission meeting.

Judy Ramsey reported that the condition of Maple Road & 55^th is in poor condition and has been for a while. She said there were several potholes on this road. Jim said that previously rock from the George Quarry was used on the road, and that rock was too soft. The Commissioners agreed to put some gravel on the road from a different quarry (they felt it would be better rock).

Archie Smith, Joel Smith and Gary Walker with Universal Construction, and Kevin Rost with Goldberg Group met with Jim Harris, Justin Meeks, Bobby Reed, Bill Martin, Alvin Metcalf and the Commissioners to discuss the new jail. Barbara said she contacted Universal and Goldberg Group Architects to discuss the estimated costs. Lynne discussed the fact that it was previously stated that the project was $1,400,000 over budget; the Commissioners all stated that they are hearing from the public about being over budget on the jail. Lynne questioned the 15-20% increase in cost; he said he didn’t think that materials had gone up that much. Kevin Rost said that originally it was to be a 21,000 square foot building and now is 23,000+. Kevin said that construction cost is escalating and that steel and concrete costs are fluctuating. Kevin said that contractors are busy, so there will be fewer contractors that will bid on the project. Lynne questioned if local contractors will be able to bid on the project; Kevin said yes they will be able to bid. Kevin said the preliminary numbers are only an estimate, he said his estimates always come in higher than the actual cost of the projects. Lynne asked about the fees that the Goldberg Group will get off of this project; Kevin said that their fees are percent based, so if the cost goes up then their fee goes up or it could go down if the cost goes down. Lynne asked for a spreadsheet breakdown of the costs for building the jail, Kevin said they have this, but the numbers won’t be exact until the bids come in. The County will do the dirt work on the project to save approximately $189,000; Lynne said he had a concern about this putting the Road & Bridge department behind in the other work they need to do as cut into the gravel supply. Barbara questioned what the cost would be to remove the building and concrete on the property; she said she thought someone might be interested in buying and moving the building, Jim Harris said if the concrete doesn’t have a lot of rebar, then the concrete could be broken down and crushed by the County. Kevin asked if the County was going to proceed with the phase 2 (at a cost $8,000-$10,000) environmental study; the Commissioners and Justin thought that it was already decided to proceed with the phase 2 study. The study will take 6-7 weeks to complete and will test soil and water at the proposed building site. The Commissioners asked that Kevin Rost contact the State to proceed with the phase 2 study. Once the phase 2 is complete, then there will be a geo tech study down on the site. The Commissioners reviewed the site layout plans for the jail and decided that plan B was the best option for Bourbon County. Bobby Reed asked for a ballpark figure to finish the other 16 bed portion of the jail that will be framed in once the project is complete, Kevin estimated that it would cost between $160,000-$200,000. Kevin suggested meeting regularly every 2-3 weeks on Thursdays for Owner Architect Contract meetings; it was decided to do this on the Last Thursdays of the months at 10:00 am, only one Commissioner is scheduled to attend these meetings.

Kathy Gray and Greg Motley with Landmark Bank met with the Commissioners to get signatures for the bank accounts. Landmark will be the bank for Bourbon County in 2016.

Barbara made a motion to approve Resolution 01-16, Bourbon County holidays for 2016, Lynne seconded and all approved and signed the Resolution.

Barbara made a motion to approve Resolution 02-16, the waiver of generally accounting principles, Harold seconded and all approved and signed the Resolution.

Barbara made a motion to approve Resolution 03-16, reimbursing travel expenses at .54 cents a mile, Harold seconded and all approved and signed the Resolution.

Barbara made a motion to approve Resolution 04-16, designating the depositories and official publication carrier, Harold seconded and all approved and signed the Resolution.

Barbara made a motion to approve Resolution 05-16, cancelling checks that are over 2 years old totaling $398.95, Harold seconded and all approved and signed the Resolution.

Barbara made a motion to approve Resolution 06-16, naming Dr. Jay Allen as the Bourbon County Health Officer for 2016, Lynne seconded and all approved and signed the Resolution.

At 11:33 am, Barbara moved to suspend the meeting for lunch and reconvene at 2:00 pm, Lynne seconded and all approved.

Barbara said she wanted Lynne to meet with Universal Construction and Goldberg Group Architects on the last Thursdays in the month at 10:00 am.

Leon Hester met with the Commissioners. Leon previously met with the Commissioners asking for permission to survey the land and to break the land into different parcels. Charles Gentry did the legal work for Leon Hester. Justin Meeks reviewed the paperwork, but wants the Register of Deeds to review the legal description to make sure the legal description is correct. Justin said if it’s correct then the Commissioners and the Clerk can sign the paperwork on January 11, 2016. Justin said that he contacted the State and the State said there is dirt that needs moved, but it should be up to the States standards soon.

Leon Hester asked what the status is on the Cullor building (building on the proposed land for the jail site) the Commissioners said they are having a phase 2 study done and that it would be 6-7 weeks before they knew anything else regarding the land. Barbara told him that after the study is done, the County would probably be interested in selling the building on the land; Justin said that once the County takes possession of the property that the County would take bids for the building.

Harold made a motion to go into a 15 minute for non-elected personnel to protect their privacy, Lynne seconded and all approved (the session included the Commissioners and Clint Anderson). No action was taken.

Barbara moved to go into a 5 minute executive session for non-elected personnel to protect their privacy, Lynne seconded (the session included the Commissioners, Clint Anderson and Kendell Mason). No action was taken.

Harold made a motion to nominate Barbara Albright as the chairperson for 2016, Lynne seconded and the motion passed.

At 3:46 pm, Lynne made a motion to adjourn and Barbara seconded.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Barbara Albright, Chairperson

(ss) Lynne Oharah, Commissioner

(ss) Harold Coleman, Commissioner

ATTEST:

(ss)Kendell Mason, Bourbon County Clerk

01/12/2016, Approved Date

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