2018 Minutes

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December 27, 2018 Thursday 9:00 am

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

Jason Silvers with the Fort Scott Tribune was also present.

Jerad Heckman with Road & Bridge met with the Commissioners; he reported they are breaking down the crusher at the Beth Quarry and will be moving it to the Thomas Quarry and plan to be crushing there by January 11^th.

Lynne reported that gravel is needed near 135^th & Poplar Road.

Lynne made a motion to approve the Sugar Valley Lake Homes Association cereal malt beverage on and off premises licenses, Jeff seconded and all approved, Lynne and Kendell signed the license.

The Commissioners held a public hearing to amend the 2018 budget; Terry Sercer said there were four funds to amend, all have revenue other than taxes and all four had higher receipts from other sources and all four had more expenses in 2018 than budgeted, (the four funds are Noxious Weed, Road & Bridge Sales Tax, County Jail Sales Tax and the Landfill). Jeff made a motion to approve the 2018 budget amendments, Nick seconded and all approved and signed the amendment. The 2018 expenses will be paid until February 15^th. Once Terry Sercer receives the February reports showing the final 2018 expenses he will work on the 2018 year end transfers. Terry said he will amend the 2019 budget to allow ambulance expenses.

Terry Sercer said that the County needed to have a tax sale in order to bring in money.

Jeff made a motion to approve a $150 fee for the Clinical Lab Information Act user fee, which allows ambulance blood draws and tests in route, Nick seconded and all approved.

Jeff made a motion to give Lynne Oharah permission the authority to sign any ambulance documents required for operation, Nick seconded and all approved.

At 11:20, Lynne made a motion to break for lunch and reconvene at 2:00, Jeff seconded and all approved.

Jeff made a motion to go into a 20 minute executive session for confidential data relating to financial affairs or trade secrets of corporations, partnerships, trusts and individual proprietorships, Nick seconded and all approved, (the session included the Commissioners, Bill Martin, Ben Cole, Justin Meeks, Patty Love and Kendell Mason). No action was taken.

Lynne reported that over lunch he had signed contracts with OMNI, the pharmacy authorization and a contract for the transfer of software.

Jeff made a motion to give Lynne the authority to call Larry Goldberg to discuss an HVAC instrumental control audit, Nick seconded and all approved.

At 3:08, Lynne made a motion to adjourn, Nick seconded and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Lynne Oharah, Chairman

(ss) Jeff Fischer, Commissioner

(ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

01/08/2019, Approved Date

December 20^th, 2018 Thursday 9:00 am

The Bourbon County Commission met in open session to have a meeting regarding economic development.

Lynne Oharah, Nick Ruhl, Don George, Pam Henderson, Earl Lewis, Jody Hoener, Justin Meeks, Shane Walker and Tom Metcalf met and took a ride around Bourbon County to look at potential economic development. No action was taken.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Lynne Oharah, Chairman

(ss) Jeff Fischer, Commissioner

(ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

01/08/2019, Approved Date

December 18, 2018 Tuesday 9:00 am

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

Tammy Helm with the Fort Scott Tribune and Nancy Van Etten were also present.

Jody Hoener, Krista Goltra, Micah Bukowski and Lora Holdridge met with the Commissioners regarding a $12,500 wellness grant that the County is maintaining. Jody said a survey was sent out to County employees and the results of the survey will be incorporated into the wellness committees plan. Jim said some of his employees may not have filed out the survey due to the fact that they don’t have a computer; Jody said she would get a paper copy of the survey for them to fill out. Jody said the survey has nothing to do with the County insurance. Jody said a tobacco cessation program will be held at the end of January of 2019. The goal of the wellness program is to increase productivity, improve overall health and lower absenteeism. Jeff suggested that the first meeting of every month beginning in February the agenda has 10 minutes dedicated to wellness at the beginning of the meeting.

Lynne made a motion to approve an application for AT&T to install a box in the right of way in the Industrial Park for fiber optic, they will bore 85’ across Indian Road and 70’ across Campbell Road, Nick seconded and all approved and signed the application. Nick questioned if the County charged for this service, Lynne said no, the companies are already taxed enough.

Lynne made a motion to approve an application from Verizon for the moving of 58 sites from underground to above ground, Jeff seconded and all approved. Jeff asked Jim for copies of all of the maps associated with this project.

Jim Harris asked permission to purchase an additional truck; he said when Jerad Heckman uses his truck he is left without a vehicle. Lynne asked that they wait on this until after the first of the year to decide this.

Lynne made a motion to do the end of the year transfers for 2018 once all of the bills are paid for 2018 and before the books close, Jeff seconded and all approved.

Travis Clinesmith with Murphy Tractor met with the Commissioners; he presented a quote for a John Deere JD6120E with a 22’ Diamond rear cradle boom for $113,000.00. This is a used tractor with less than 350 hours; the County can commit to hold the mower, but does not have to buy. If purchased, the County will have to pay a difference of $14,725 after the insurance company sends a check for the tractor that was destroyed in a fire. Lynne made a motion to hold the tractor for future consideration, Nick seconded and all approved.

Lynne told Jim that a property owner between 30-40^th & Eagle Road requested gravel.

The Commissioners considered a road closure petition; the petition was filed by Shawn Bates with Top Pin Holdings, LLC the legal description is as follows… Jeff questioned how close this road was to utilities. Lynne made a motion to not approve the road closure petition due to the possibility of future development, Jeff seconded and all approved.

Jeff told Jim Harris that it was reported to them that after the Road & Bridge had their Thanksgiving meal that the employees left for ½ day; Jim said that was incorrect, the employees left in the afternoon and they had their time made up before they left, which prevented overtime.

Lynne made a motion to go into a 10 minute executive session for personnel matters of individual non-elected personnel, Nick seconded and all approved, (the session included the Commissioners, Clint Anderson, Justin Meeks and Kendell Mason). No action was taken.

Jason Findley met with the Commissioners; he requested replacement signs for no shooting on Pavey’s Ford. He said that the signs used to be there and said the property owners in the area are sitting ducks with people discharging firearms in the area. The Commissioners said they would ask Jim Harris to put up signs.

Nick made a motion to approve the emblem design for the uniforms and ambulances that Dave Bruner presented to him, Jeff seconded and all approved. Nick estimated the uniforms to cost approximately $7,000 and $1,725 for the emblems on the ambulances. Lynne said that according to Terry Sercer, the County should have some carryover money to use towards the ambulance project.

Nancy Van Etten questioned where the Commissioners were with the bridge inspection report that was previously presented; the Commissioners discussed some of the bridges that they have started making improvements on.

There was a brief discussion over the expansion of 69 Highway and the importance of it for economic development in Bourbon County.

Nancy Van Etten complimented the Commissioners; she complimented Nick on his knowledge of emergency services, Lynne on his knowledge of the budget and Jeff on his interesting questions he asks and the statistics presented to help make decisions. The Commissioners felt they accomplished a lot over the past year.

Lynne discussed the Southeast Kansas Regional Planning Commission; he said every 4 years the SEKRPC has a community development team and there is grant money awarded for economic development. He said they have gotten more aggressive in promoting economic development. Lynne said the County will develop a plan and have monthly meetings to discuss economic development. Lynne and Jody Hoener will be on the core committee.

Jeff made a motion for Lynne to sign the closing certificate bill of sale for the ambulances (a certificate for Mercy to give the County the ambulance donations, a bill of sale was needed in order to tag the ambulances), Nick seconded and all approved. Nick made a motion to allow Jody to spend up to $50 per ambulance for the title transfer, Jeff seconded and all approved. KCAMP, the County insurance carrier recommended that the County create a lease to lease the ambulances to the City for use; Justin said he didn’t think that was necessary since both the City and County are insured with KCAMP. Lynne asked Jody to call KCAMP to discuss this lease, Nick seconded and all approved.

The Commissioners said they appreciate the help Mercy has given in the ambulance transition and the ambulance donations.

The Commissioners discussed the OMNI contract; OMNI will do the ambulance billing and coding. OMNI will receive 7% of the money collected. Nick made a motion to sign two one-year contracts with OMNI; the business association agreement and the OMNI EMS billing contract, Jeff seconded and all approved and Lynne signed both contracts.

The Commissioners said without the ambulance donations from Mercy and without partnering with the City of Fort Scott the County would have had to cut services and raise taxes to fund the ambulance.

Ralph Carlson and Amanda Gilmore met with the Commissioners; Mr. Carlson said he had called the University of Kansas Health System to see if they were aware of the hospital situation in Bourbon County, they were. Mr. Carlson offered his assistance in getting a hospital back here and possibly being an investor in the mission. Nancy Van Etten asked what the next step for the hospital was; Justin said they have a good plan for the next two years, and said they have two years to come up with the next step. Jody said the community needs a sense of security that they will have health service in the future. Currently patients will not be admitted to the hospital, but maybe in the future. Jody said they were grateful for Community Health Center coming to the area. Mrs. Gilmore said she had been looking at faith based hospitals, and discussed the original mission of Mercy Hospital. She said that the churches need to be better at meeting the needs of the community. Justin said the demographic numbers are down and that the data supports it can’t be what it is now and said that Mercy didn’t want to close the hospital. Mrs. Gilmore said she felt that there are generous patrons that could help with the hospital.

At 11:54, Lynne made a motion to break for lunch and reconvene at 1:30, Nick seconded and all approved.

Nick made a motion to have a special meeting on December 20^th at 9:00 am regarding economic development, Jeff seconded and all approved.

Lynne reported that on 115^th and Tomahawk going north that it wasn’t an open road.

Jeff discussed the idea of a KIOSK or an information officer; he said he met with an elected official to discuss this idea as well as to discuss a compensation strategy for department heads that have followed the salary resolution. Jeff said he didn’t know where in Kansas a KIOSK had been implemented. Jeff discussed what can currently be done online; he said currently taxes can be paid online, but a username and password is required to do this. Jeff said he visited Mark McCoy with McDonalds who has recently implemented a KIOSK system; Mr. McCoy reported that it would save employees but change the rolls for the employees. Jeff suggested getting department heads together to each come up with one task of transactions that could be completed on the website. Justin suggested setting funds aside for future website improvements.

Justin reported he is still working on implementing the NRP with the AG’s office.

Jeff made a motion to go into a 30 minute executive session for personnel matters of individual non-elected personnel, Nick seconded and all approved, (the session included the Commissioners and Justin Meeks). After the session, Lynne made a motion to give Jeff the authority to get access to CIC Budgetary fund accounting for reporting purposes, Nick seconded and all approved.

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

At 3:40, Lynne made a motion to adjourn, Jeff seconded and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Lynne Oharah, Chairman

(ss) Jeff Fischer, Commissioner

(ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

12/27/2018, Approved Date

December 11, 2018 Tuesday 9:00 am

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

Tammy Helm with the Fort Scott Tribune was also present.

Jerad Heckman and Jim Harris with Road & Bridge met with the Commissioners; Jim reported they are mowing on 210^th as well as Tomahawk, he said they are hauling rock to Osage Road and crushing at the Beth Quarry. Jim said that some of his employees are taking a first aid class on December 12^th,(Jeff said he may participate in the class). He said they will be drilling at the Thomas Quarry next week. Jim said they will be receiving a $98,275 check from the insurance company for a tractor, (he asked that it be deposited in the Special Machinery fund) this money will be used for a replacement tractor.

Nick made a motion to sell a tire machine and a 1998 New Holland on Purple Wave, Jeff seconded and all approved.

Lynne said Loretta George complimented the patching done on 2^nd street.

Jim Harris said he would be moving an employee from the Landfill to work on a motor grader in the northwest portion of the County.

Nick 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, Jeff seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

Lora and the Commissioners discussed the current Bourbon County fee schedule; Jeff asked Lora to review what other counties are charging for fees and then Bourbon County may need to revise its fee schedule.

Lynne made a motion to adopt resolution #24-18, the wage resolution adds an exempt position called Data Center Director with an annual salary of $3,499.99, Jeff seconded and all approved.

The Commissioners and Shane Walker briefly talked about a data center at the County. Tom Brink prepared a Data Center document; Jeff said he felt that the County needed to solicit potential data center customers and see what their needs are; Jeff felt that Tom Brink could provide guidance with this matter.

Lynne 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, Nick seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

At 12:05, Nick made a motion to break for lunch and reconvene at 1:30, Lynne seconded and all approved.

Nancy Van Etten arrived at the Commission meeting.

After lunch, Jim Harris and Jerad Heckman met with the Commissioners and reviewed the current 2018 budget figures. Jim questioned revenue reported on the reports; Kendell suggested that Jim and Patty Love meet with Terry Sercer to review the revenue reports and accounts that the revenue is coded to.

Justin Meeks said that he is working on an agreement regarding a possible donation of ambulance equipment. Jody Hoener reported that the County had received the OMNI contract for the ambulance billing services. Justin reminded the Commissioners that the County has been subsidizing the Mercy ambulance for several years, (in 2018 $311,478 has been budgeted to pay to Mercy for ambulance services). The County will continue to pay to Mercy to subsidize the ambulance January – March in 2019.

Lynne reported that he would be meeting with Terry Sercer on December 13^th at 9:00 to review some funds; Jeff made a motion to allow this meeting, Nick seconded and all approved. Terry said he felt that the 2018 General fund would end the year with a good carryover balance. Terry said he felt the County needed to amend four funds due to the fact that revenue and expenses were both more than was budgeted for.

Noxious Weed fund
Road & Bridge Sales Tax
Landfill
Jail Sales Tax fund (which is the sales tax fund used to pay the debt service for the new jail)

The 2018 budgeted amendment will be on December 27, 2018 at 10:00 am.

Lynne made a motion to have a Commission meeting on December 27^th instead of December 25^th, Nick seconded and all approved.

Jeff made a motion to go into a 10 minute executive session for personnel matters of individual non-elected personnel, Lynne seconded and all approved, (the session included the Commissioners and Justin Meeks). After the session, Lynne made a motion to give Jeff permission to meet with an elected official, Nick seconded and all approved.

Jeff made a motion to have a special meeting on December 12^th at 11:00 regarding the ambulance service, Nick seconded and all approved.

Lynne made a motion to move the January 1^st, 2019 meeting to January 2^nd, Nick seconded and all approved.

At 4:10, Nick made a motion to adjourn, Lynne seconded and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Lynne Oharah, Chairman

(ss) Jeff Fischer, Commissioner

(ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

12/18/2018, Approved Date

December 6, 2018 Thursday 4:00pm

The Bourbon County Commissioners met for a special meeting; present were all three Commissioners, Jody Hoener, the County Counselor and the County Clerk.

Tammy Helm with the Fort Scott Tribune was also present.

Nick made a motion to allow Jody Hoener to put on her county charge card a charge for $569 for Medicare enrollment fees, Jeff seconded and all approved.

Jeff made a motion to adopt the EMS fee schedule for licensing purposes and give Jody Hoener the authority to make changes to the fee schedule if needed, Nick seconded and all approved.

Nick made a motion to go into a 10 minute executive session for confidential data relating to financial affairs or trade secrets of corporations, partnerships, trusts and individual proprietorships, Jeff seconded and all approved, (the session included the Commissioners, Jody Hoener and Justin Meeks). No action was taken.

Jeff 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, Nick seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

At 5:00 Nick made a motion to adjourn, Jeff seconded and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Lynne Oharah, Chairman

(ss) Jeff Fischer, Commissioner

(ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

12/11/2018, Approved Date

December 4, 2018 Tuesday 9:00 am

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

Tammy Helm with the Fort Scott Tribune and Nancy Van Etten were also present until 11:15.

Jim Harris reported they are side trimming in the Devon area, mowing near Indian & Hackberry and placing gravel on 205^th. They will be crushing at the Beth Quarry and will be doing a blast at the Thomas Quarry. Jim said with the predicted upcoming weather they will be putting brine down on the roads. Jim said he is proud of his employees and the good jobs that they do.

All of the Commissioners will be riding with Jim Harris on Thursday to Montgomery County for a meeting.

Lynne made a motion to go into a 3 minute executive session for preliminary discussions relating to the acquisition of real property, Nick seconded and all approved, (the session included the Commissioners, Jim Harris and Justin Meeks). After the session, Jeff made a motion to give Lynne permission to ride with Justin, Jody Hoener and Shane Walker regarding surveying County assets, Nick seconded and all approved.

Jeff made a motion to go into a 5 minute executive session for personnel matters of individual non-elected personnel, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks, Jim Harris and Kendell Mason). No action was taken.

City of Fort Scott representatives Dave Martin, Rhonda Dunn, Robert Uhler, Cynthia Bartelsmeyer, Dave Bruner, Mercy Hospital employees Christy Keating, Jon Lowry, Corey Stokes and Terri Hulsey met with the Commissioners, Justin Meeks and Jody Hoener to discuss the contract between the City of Fort Scott and Bourbon County for the ambulance service. Justin Meeks said that Rhonda Dunn, Dave Martin and Dave Bruner as well as Jody Hoener, Nick Ruhl and Shane Walker have been involved in the process of the City/County working jointly regarding the ambulance service. The agreement presented was a 1 year agreement effective January 1, 2019 – January 1, 2020. Justin said they don’t know the true costs of operating the ambulance, but felt they had a good estimate. He also said they don’t know the amount of receivables to expect regarding the ambulance. He said it is a one year contract because they don’t know the true operational costs. Justin said the Commissioners had agreed not to re-hire employees to help with the potential cost of operating the ambulance. The full time ambulance employees will be City employees and the part time ambulance employees will be County employees. Justin said there will be an EMS director. He said he felt this was a good contract which is needed to move forward with the ambulance licensing issues. Rhonda Dunn did a detailed budget. Lynne Oharah said all of the Commissioners were involved in the ambulance process. Jeff made a motion to give the Chairman, (Lynne Oharah) permission to sign the contract for Emergency Medical Services, a joint agreement between Bourbon County and the City of Fort Scott, Nick seconded and all approved. Lynne signed 2 copies of the contract. Dave Martin said he appreciated how the City and the County had worked together to benefit the taxpayers. He said that the City will provide HR services for the EMS staff. He said he appreciated the Mercy employees continuing to work for the City. Dave Martin said that Christy Keating had been appointed the interim EMS director; he said he felt she would be a solid EMS director. The City of Fort Scott invited the County Commissioners to attend the City meeting at 4:00 today, where the City will considering signing the agreement. Jeff made a motion to give the Commissioners permission to attend the City Commission meeting, Nick seconded and all approved.

Treasurer Patty Love met with the Commissioners, Jody Hoener and Justin Meeks regarding the set up process for the lockbox fund to be used for the ambulance services. The Commissioners asked Patty to set up the accounts used for the lockbox as well as to check with the local banks to see if they offer a lockbox service cheaper than the lockbox offered by OMNI (the billing company that the County will use for ambulance service). The Commissioners agreed to use the current account number set up for ambulance service. Justin said after the County takes over the ambulance service, he estimated it to be 60-90 days before the County will receive any reimbursements. Justin said there is a chance that the ambulance will not be a self sustaining process, and it was probable that it will never make money.

At 11:15, Lynne made a motion to go into a15 minute executive session for personnel matters of individual non-elected personnel, Nick 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 30 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Jeff seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

At 12:04, Lynne made a motion to break for lunch and reconvene at 1:30, Nick seconded and all approved.

Jason Silvers with the Fort Scott Tribune arrived at the meeting.

Bill Martin, Bobby Reed, Ben Cole and Alvin Metcalf as well as Allen County Sheriff Brian Murphy met with the Commissioners. Bill said the last several months they have been trying to come up with different ideas regarding an email that Jeff Fischer sent showing overtime trends and benchmarking similar counties. Bill questioned who Jeff contacted to get the data he used for the charts; Jeff said he benchmarked employees and budgets of Counties that are of similar size as Bourbon County. Bill said that Jeff didn’t ask enough questions when gathering data. Jeff said at the beginning of the year they looked at the overtime costs and were concerned that they would burn through their budgets with overtime. Jeff said they had hoped that the overtime would decrease after the move to the new jail. Bill said with what is being paid on overtime it could cover additional staff. Bill said by the end of this month he would be hopefully at full staff. There was a brief discussion over the amount of staff in the Sheriff’s office compared to previous years. Lynne brought up the fact that there are two drug dogs in the County; Ben said the dogs do not cost the County any money since they were donated. Bill said that the dogs earn their stay with what they do. There was a brief discussion over the calls for service or 911 calls for service. Lynne asked for a report showing out of County and out of State arrests verses in County arrests. There was a discussion over search warrants and the amount of man hours required for a search warrant. Bill said they need detectives. Bill told the Commissioners that he has an open door policy. Bobby compared the Allen County jail budget to Bourbon County in 2018 & 2019; 2018 Allen = $890,778 Bourbon County $835,333, 2019 Allen = $1,064,261 Bourbon County = $987,944. Bobby said that Allen County doesn’t figure holiday pay in their budgets and that Allen County doesn’t contract food out, but has 3 cook on payroll. Allen County bed space is 72 and Bourbon County has 74. Brian Murphy said that in 2018 he budgeted $35,000 and he is currently at $62,000 and Allen County has more municipal courts. Bobby said that since 2012 he has had a turnover of 85 employees, he said of those 18 were terminated. Brian Murphy said that Allen County previously had a payroll study done and they adjusted wages based on the study which has helped with their retention.

Lynne 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 and that they call Dave Bruner and Jody Hoener during the meeting if needed, Nick seconded and all approved, (the session included the Commissioners and Justin Meeks).

Jeff made a motion that Lynne sign the application for the provider number for Medicare for medication, and to sign the Medicare application for service, that a check for $260 be made payable to KS EMS, that Lynne sign the cooperation information designation for EMS, and sign the documentation moving the Healthy Kansas grant money from Mercy Hospital to Bourbon County, Nick seconded and all approved.

Jeff made a motion that Lynne sign the settlement agreement for overtime that was off of the clock, Nick seconded and all approved.

Nick made a motion that the Commissioners have a special meeting on Thursday at 4:00 pm regarding the ambulance service and OMNI contract as well as the donation agreement, Jeff seconded and all approved.

At 4:01, Nick made a motion to adjourn, Lynne seconded and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Lynne Oharah, Chairman

(ss) Jeff Fischer, Commissioner

(ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason,

Bourbon County Clerk

12/11/2018 Approved Date

November 27, 2018 Tuesday 9:00 am

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

Tammy Helm with the Fort Scott Tribune was also present.

Jim Harris and Jerad Heckman met with the Commissioners; Jim reported they had pushed snow and ice on Monday. He said they are placing rock at 205^th South of Fulton and 265^th North of Valley Road. Jim said they are taking the bed off of the Mack truck.

Jim said that 4-State Sanitation will be moving the disposal of their solid waste to Arcadia and will only be using the Bourbon County Landfill on occasion; Jim questioned if the County wanted to get the Recycling trailers back from 4-State since they are not using them. The Commissioners told Jim to pick up the trailers.

Lynne 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, Jeff seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

Lynne 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, Jeff seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken. No action was taken.

Jeff made a motion to give Lynne permission to meet with Patty Love and Jim Harris. And to meet with Senator Roberts. And meet with Shane Walker, Nick seconded and all approved.

At 11:51, Lynne made a motion to adjourn, Nick seconded and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Lynne Oharah, Chairman

(ss) Jeff Fischer, Commissioner

(ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

12/04/2018, Approved Date

November 16, 2018 Friday 2:00 pm

The Bourbon County Commission met in open session to discuss the ambulance with all three Commissioners, the County Counselor and the County Clerk present.

Lynne made a motion to go into a 5 minute executive session for confidential data relating to financial affairs or trade secrets of corporations, partnerships, trusts and individual proprietorships, Jeff seconded and all approved, (the session included the Commissioners, Jody Hoener and Justin Meeks). No action was taken.

Jason Silvers with the Fort Scott Tribune was present.

Robert Uhler, Rhonda Dunn and Dave Bruner with the City of Fort Scott were present for the discussion of the ambulance service.

Justin Meeks said there was a recent meeting to discuss the ambulance with the City of Fort Scott; he said the City will hire the EMS Director and the director will report to the County on a regular basis. The City will come up with a budget for the ambulance service. Justin said the budget will be more than the County is currently paying monthly to Mercy for the ambulance service.

Jody Hoener said a new Federal ID number had been applied for and said the Medicare number would be applied for after the ownership of the service. Jody said that Omni a 3^rd party billing and reimbursement company, she said they are a good resource that the County could use regarding applications and forms needed. Omni receives 7% of the collections they collect.

Jeff made a motion to authorize Jody Hoener to obtain the EIN number, the CMS number, licensing and Medicare numbers and any other numbers required to do business, Nick seconded and all approved.

Rhonda Dunn said the ambulance service has to be a sustainable business and said the ambulance should support itself. The City will prepare a budget for the ambulance which will include the total cost of operating an ambulance; the City and County will share the operating expenses.

Jeff Fischer said he was impressed with how the City of Fort Scott and the volunteer fire departments respond to calls together.

The Commissioners will discuss the ambulance service again on Tuesday, November 20^th at 9:00 am.

At 3:19, Jeff made a motion to adjourn, Nick seconded and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Lynne Oharah, Chairman

(ss) Jeff Fischer, Commissioner

(ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

11/20/2018, Approved Date

November 13, 2018 Tuesday 9:00 am

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

Jason Silvers with the Fort Scott Tribune was also present.

Mary Beth Sheehy met with the Commissioners; she thanked the Commissioners for allowing a Rosary Rally on 10/13/2018 and requested to have another one on 12/1/2018 on the Courthouse lawn. Jeff made motion to allow this, Nick seconded and all were in favor.

Jack Rukavina met with the Commissioners regarding his property at 45^th off of 65 highway; he said he is landlocked on his land. He said this land did have access by a County road that was previously closed. There is a gate at the end of the public road that a neighbor has put a lock on, he said he has been on his own property before and had a medical emergency and the gate was locked behind him so no one could get to him. He said he has a key to the gate and prefers the gate is there, but doesn’t want locked in when he is on his property. Jim Harris said it is a public road to the gate and that the County does not maintain past the gate. Jeff said he felt that this is a civil issue, (not a County issue) between the landowners. Jeff suggested that he would contact the other landowner; Lynne said he would find out when the road was closed. Lynne 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, Jeff seconded and all approved, (the session included the Commissioners, Justin Meeks, Shane Walker and Kendell Mason). No action was taken. Lynne said the road was closed legally, so an easement has to be given if a party is landlocked, he said it is now a civil issue and that the Commissioners have no say regarding the private property.

Jeff made a motion to approve a permit from Housley Communications who is doing work for AT&T at 2617 Jayhawk, they will bore 36” deep under the road, Nick seconded and all approved and signed the permit.

Jim Harris reported they are down one truck to haul the belly dump trailers; he suggested taking the bed off of the Mack truck that doesn’t have a snow plow and selling the bed to have a plate installed on the truck to haul the trailer, Jeff made a motion to approve this, Nick seconded and all approved.

Jim Harris reported that the County has an oil furnace that is no longer used; Julie Saker said she wanted to purchase the furnace. Lynne stated if the purchase price is under $50, then the Commissioners can dispose of however they want. It was decided that Julie Saker would issue a $50 credit for a future service that Road & Bridge gets from Saker Towing.

Lynne reported that the low water crossing is blocked and brush is piling up on the crossing on Hackberry between 85^th & 95^th.

Jim Harris reported another tractor fire for the County; he said that KCAMP Insurance is aware of the fire.

Jim Harris said that someday they would need to purchase another pickup.

Jeff discussed the plowing near a drive on Irish Road with Jim Harris.

Nick reported that the stop sign at 215^th & Stringtown Road was down.

Lynne told Jim Harris they received a thank you from the Chamber of Commerce for taking care of the tables at a recent event.

Lora Holdridge discussed the Northeast corner of Osage Road by the 69 overpass; she said she can’t find the documentation closing the road, but the R&S Digital maps show this as a vacated road and shows the road as a landowner’s road. Nick said he would contact KDOT regarding the road.

Lora Holdridge reported that the County holiday meal is scheduled for December 13^th from 11:30-1:30 on the 2^nd floor of the Courthouse.

Jeff made a motion to go into a 15 minute executive session for personnel matters of individual non-elected personnel, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and Lora Holdridge). No action was taken.

Justin Meeks presented an Emergency Medical Services joint agreement between Allen County and Iola, Kansas. Their ambulance agreement has a local emergency room. Present for this discussion was Jody Hoener, Bobby Reed and Bill Martin. This agreement is similar to what Bourbon County and Fort Scott are working on regarding the ambulance service. Justin anticipated that Bourbon Country reimbursement rates would be different, (possibly more) than Mercy received. There was a discussion over the amount of calls that Mercy Hospital Ambulance had and the amount of those calls that were reimbursable.

At 11:36, Lynne made a motion to break for lunch and reconvene at 1:30, Nick seconded and all approved.

Lynne made a motion to go into a 30 minute executive session for confidential data relating to financial affairs or trade secrets of corporations, partnerships, trusts and individual proprietorships, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and Jody Hoener). No action was taken.

Nick made a motion to go into a 15 minute executive session for confidential data relating to financial affairs or trade secrets of corporations, partnerships, trusts and individual proprietorships, Jeff seconded and all approved, (the session included the Commissioners, Justin Meeks and Jody Hoener). After the session, Nick made a motion to have a special meeting at 2:00 pm for ambulance discussion, a portion of the meeting will be executive session, Jeff seconded and all approved.

Jeff made a motion that Patty Love provide copies of insurance payments received regarding the burned vehicles, Nick seconded and all approved.

Nick made a motion to give Jeff permission to attend a business accelerator meeting, Lynne seconded and all approved.

At 4:57, Nick made a motion to adjourn, Lynne seconded and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Lynne Oharah, Chairman

(ss) Jeff Fischer, Commissioner

(ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

11/20/2018, Approved Date

November 1, 2018 Thursday 9:00 am

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

Mercy Hospital representatives Reta Baker and Christy Keating, City of Fort Scott representatives Rhonda Dunn, Dave Bruner, Cheryl Adamson, Bourbon County representatives Bill Martin, Bobby Reed and Ben Cole, KSN as well as Jason Silvers with the Fort Scott Tribune was also present.

Justin Meeks said that Mercy Hospital representative Reta Baker contacted him regarding an administrative issue with the billing cycle. She said that Mercy shares their Medicare number with the hospital and after the 12/31 date, they can’t bill for ambulance services. She said when Mercy closes on 12/31/2018 it effects the Medicare coding. She said she felt that there were 3 options for this.

Mercy provides the ambulance service until March 31, 2018 with no billing after 12/31/2018.
Mercy can apply for a freestanding licensure (which she said takes a while).
She said they can utilize Mercy’s resources and Mercy can help expedite getting the service licensed under the new operator. The billing under this option will be under the new structure and Mercy will provide the staff and service until March 31^st. The Commissioners felt that option 3 would be a more seamless transfer to the new operator.

She said Mercy intends on carrying out the ambulance service for 180 days until March 31^st.

Lynne made a motion to move forward with option 3, Jeff seconded; Reta said if the necessary paperwork cannot be completed in time, then Mercy would not bill for ambulance service. Reta said that Tax id # and a Medicaid number would need to be applied for by the new operator. All approved the motion.

Lynne made a motion to go into a 7 minute executive session for personnel matters of individual non-elected personnel, Nick seconded and all approved, (the session included the Commissioners and Justin Meeks). After the session, Lynne made a motion to move forward with obtaining a Medicare and Tax id # for the new ambulance operator, Jeff seconded and all approved.

At 12:54, Nick made a motion to adjourn, Lynne seconded and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Lynne Oharah, Chairman

(ss) Jeff Fischer, Commissioner

(ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

11/13/2018, Approved Date

October 30, 2018 Tuesday 9:00 am

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

Nancy Van Etten was present for the meeting.

Nick made a motion to go into a 10 minute executive session for personnel matters of individual non-elected personnel, Jeff seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

Jim Harris and Jerad Heckman met with the Commissioners; Jim reported they are mowing at 185^th & Limestone as well as west of Devon. He said they are side trimming at 185^th & Maple Road and putting shot rock on the southwest corner of Slick Rock Bridge. Jim said they are done patching on Eagle Road and are patching on Hackberry Road. Jim said he was short 3 employees; there was discussion over the Road & Bridge budget being cut in past years and staff has been cut as well in Road & Bridge.

Lynne made a motion that Road & Bridge help deliver and pick up tables to Memorial Hall for the Taste of Fort Scott celebration, Lynne said he felt it would show cooperation with the Chamber of Commerce, Jeff voted for this and Nick voted against this. Lynne made a motion that the Commissioners help with the delivery if they want to, Jeff seconded and the motion passed.

Lynne said he had asked Jody Hoener to meet with the Chamber of Commerce regarding promoting Bourbon County.

Lynne thanked Jim for getting the hills padded. Jim reported they are crushing at the Beth Quarry.

Justin discussed at a later date possibly having a community discussion over what services the public wants from Road & Bridge. Lynne stated that raising taxes isn’t an option.

Nancy Van Etten questioned what portion of the mill levy goes to fund the Road & Bridge departments; there was a discussion over the Road & Bridge Sales Tax fund and how the money is distributed to different cities and the County. When the asphalt machine is being used they do not shut the machine down to quit working at the end of the day if they are close to finishing the project; due to the maintenance that is done on the machine every time it is shut down and to get a better quality of a road; the Road & Bridge Sales Tax fund helps pay for the cost of wages for the work done on hard surface roads. Jeff commended Jim for keeping the overtime hours down in his department.

Jeff made a motion to go into a 5 minute executive session for personnel matters of individual non-elected personnel, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks, Patty Love and Kendell Mason). No action was taken.

Nick reported a call he had regarding a road that had previously been maintained, but hasn’t been for a while; the Commissioners reviewed the map with Lora Holdridge, but feel it is a vacated road. Lora will do more research on the property.

Nick 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, Jeff seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

Nick made a motion to go into a 5 minute executive session for personnel matters of individual non-elected personnel, Jeff seconded and all approved, (the session included the Commissioners). After the session; Nick made a motion to not give the Assistant County Attorney a pay raise as was previously requested, Lynne seconded and Jeff did not vote, motion passed.

At 11:47, Jeff made a motion to break for lunch and reconvene at 1:30, Nick seconded and all approved.

Justin Meeks said that some people are paying their back taxes and said he would have letters out by November 6^th regarding a tax sale.

There was a discussion over the excess property and furniture after the County offices moved; Justin said he would get an opinion from an auctioneer regarding the value of the property.

Justin said that Appraiser Clint Anderson is working on valuations; Justin said this would need to be considered regarding the 2020 budgets.

Nick said that he and Jody Hoener met with Dave Bruner regarding the ambulance service; he said they set goals for a timeline regarding the ambulance service. He said they will be meeting every Monday morning to discuss the ambulance service. Jody is going to contact OMNI, which is a billing firm. Nick said they are trying to figure out staffing numbers and wages and will eventually be hiring a director to run the ambulance. Justin suggesting discussing having an on-call physician. Bourbon County will have an ambulance service; it could have two possible funding options 1. An ambulance with an emergency room or 2. An ambulance without an emergency room. An emergency room ambulance has items an emergency room might have. Justin said that Mercy has made it clear (with a letter of intent, the agreement is not signed yet) that they will be donating equipment that the current EMS system ambulance service has as well as ambulance storage and a dorm for staff; the Commissioners said they were grateful to Mercy for this. Justin said that 92% of the Mercy ambulance calls come from within the 3 mile zone in and around Fort Scott.

Justin Meeks and Shane Walker met with the Commissioners to discuss the business accelerator idea; Justin said he thought the County had the ability to give up space at 108 W. 2^nd, Fort Scott to be used as a business accelerator. Justin said the County would not charge the business rent or utilities, but the business would have to have phone service and a minimum of $300,000 worth of liability insurance as well as renters and contents insurance. Shane said he had talked to the City of Fort Scott regarding codes; Shane said the County is exempt from some codes, but would have to meet fire codes. Jeff made a motion to allow two difference entities – Craw-Kan and an E-Commerce business as the initial occupants of the business accelerator to stimulate economic growth and to refine and review the process to allow others the opportunity to use the business accelerator in the future, Nick seconded and all approved.

Lynne made a motion to adopt resolution 23-18; a resolution adopting the Neighborhood Revitalization Plan in Bourbon County, retroactive to January 1, 2018, Jeff seconded and all approved and signed the resolution. Lynne signed the NRP agreements between Bourbon County and the entities that have agreed to participate in the NRP program.

Lynne made a motion that he give an OSU County government survey to Jody to complete, Nick seconded and all approved.

Mercy Hospital representative Christy Keating met with the Commissioners, Justin Meeks and Jody Hoener. Lynne said the Commissioners had been discussing the ambulance service and questioned the number of calls for service; Christy said the request for service that she provided them for request for service is for calendar year. She said that Mercy only bills for reimbursements if they transport patients. She said the calls for service is higher than the actual transfers. Christy said in 2017 of the 1,968 calls for service 1,295 were billable transports. Christy said Mercy ambulance operates one crew 24/7, she said they are contracted with the City of Fort Scott for a 2^nd crew and if a 3^rd crew is needed they do a call out to fire and EMS personnel. She said that Mercy reimbursement is based on hospital based rates and that the reimbursement data for the County ambulance could be different; she said the reimbursement for a private sector (Bourbon County) could be different and said that OMNI could give a breakdown for reimbursement rates. She said that Mercy billed for $1.7 million of services for a 2 year period and received payments of $990,000. Justin questioned if the EMS would make money; Christy said that #1 is the service to the County, and said if the County’s #1 goal is to make money, then they were not going to do it and said if any money is made it is to go back into the ambulance assets to support the service. Christy said she thought there was an opportunity to break even; she said there are dedicated employees at Mercy and said they could save money without the employee turnover. She asked if the Commissioners intent is to partner with the City to run the ambulance service, the County would be the owner, Jody said they would decide this within a week. Christy said the County would need to apply for tax id # and get a Medicare #. Christy estimated it to cost the County $75,000 the first month without any money coming in; and said hopefully reimbursements would start coming in within 60 days.

Nick made a motion to go into a 12 minute executive session for confidential data relating to financial affairs or trade secrets of corporations, partnerships, trusts and individual proprietorships, Lynne seconded and all approved, (the session included the Commissioners, Christy Keating, Jody Hoener and Justin Meeks). No action was taken.

Mike Cheney met with the Commissioners; he said the roads in West Liberty Cemetery need work; the Commissioners will have Jim Harris view this and fix the road in the cemetery.

Jeff made a motion that Lynne go with Justin Meeks to a meeting at the Attorney General’s office regarding the NRP program, Nick seconded and all approved.

At 4:25, Jeff made a motion to adjourn, Nick seconded and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Lynne Oharah, Chairman

(ss) Jeff Fischer, Commissioner

(ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

11/13/2018, Approved Date

October 18, 2018 Thursday 9:00 am

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

Zack Dodge with KOAM TV (was present until lunch) and Tammy Helm with the Fort Scott Tribune were also present.

Jim Harris reported that the County looses approximately 17% on chemical sales and residents are limited to a maximum of chemicals for 160 acres. Jim said some chemicals can be sold for a profit.

Jim reported that there is a mower working in the Timberhills area, the Fort Scott Lake area and near Hammond. He said they will be side trimming near 115^th& Poplar.

Jim reported that the John Deere will be going back to South Dakota for a replacement shaft to be installed under warranty.

Jim reported they are crushing at the Beth Quarry. He said they are patching on 245^th. He said they are doing repairs to the approach at the east end of the 2^nd Street Bridge.

Jeff made a motion to go into a 15 minute executive session for confidential data relating to financial affairs or trade secrets of corporations, partnerships, trusts and individual proprietorships, Lynne seconded and the motion passed, (the session included the Commissioners and Jim Harris). No action was taken.

Jeff asked Jim to view a possible drainage issue near Fern Road east of 255^th to State Line.

Lynne reported a grading issue at 115^th & 65 going north.

Jeff said he had received questions from citizens as to why the County wasn’t patching on Eagle Road at this time of day; Jim said the manpower is working on the 2^nd Street Bridge. Jim said he is confident they will get the work done to Eagle Road. Jim said they are trying to get a lot of jobs done with the personnel they have.

Jeff reported that he had heard that the County gravel trucks are pulling over when meeting traffic as well as that the patching materials used looks to be a good durable material. Jim said he has a good group of employees, and their goal is to do a good job with the resources they have; he said safety is their #1 goal.

Lynne said that mark Calvin with USD 235 questioned if there were any reimbursements available for the damage that school buses did to property at Lake Frances; Lynne said there wasn’t since this was private property.

Jeff discussed the overtime by department; he told Jim they are watching this. Jim said compared to 3 years ago they are down 8 employees.

Lynne made a motion to sign a letter of support for the Transit District #10, Jeff seconded and they signed the letter of support. Jeff reported that there is a bus service that picks up at in Fort Scott.

Jacqie Spradling reported that she had given Justin Meeks a tax appeals document. She also reported that she has an employee providing clarification of overtime report.

Jeff made a motion to go into a 15 minute executive session for personnel matters of individual non-elected personnel, Lynne seconded and all approved, (the session included the Commissioners, Jacqie Spradling, Justin Meeks and Kendell Mason). No action was taken.

Lynne made a motion to go into a 5 minute executive session for personnel matters of individual non-elected personnel, Jeff seconded and all approved, (the session included the Commissioners, Jacqie Spradling, Justin Meeks and Kendell Mason). No action was taken.

Jeff made a motion to go into a 10 minute executive session for personnel matters of individual non-elected personnel, Lynne seconded and all approved, (the session included the Commissioners, Jacqie Spradling, Justin Meeks and Kendell Mason). No action was taken.

Dave Bruner with the City Fire Department and Kristi Keating with Mercy Hospital met with the Commissioners (Nick Ruhl was on the telephone) regarding the closing of Mercy Hospital. Kristi discussed her background and said she was the chief nursing officer with Mercy Hospital and said she is a nurse with an emphasis in emergency medicine. She discussed the outstanding personnel that Mercy has and said the personnel is vested in the community. She said that the EMS helps the fire departments as well as the fire departments helping EMS. She said many times the rural fire departments (who are volunteers) are the first on the scene. She said she read where the County was collecting information from surrounding counties regarding ambulance services. She suggested that if the County was looking at another county or another company, why not partner with the City of Fort Scott regarding EMS service. She said that C.H.C. only provides clinic type work. She said she regretted not meeting with the Commissioners before now regarding EMS services. She said the emergency department will be closing December 31^st, but said she hoped to secure a satellite emergency department. She said that Mercy EMS staff will continue to provide the best care they can and offer any assistance they can to provide a smooth transition. Lynne Oharah said they want to make sure we have the best EMS at the most reasonable cost since the County is responsible for coming up with ambulance service. Lynne said the County is doing fact finding with surrounding Counties with their own ambulance service. Jeff Fischer said he was optimistic regarding the community response to this challenge. Lynne said they know that they can’t raise taxes. Kristy said that Mercy Hospital has approximately 2,000 requests for service calls a year. Kristy agreed to offer the County assistance to help the County make a decision.

Jeff 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, Nick seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

Lynne made a motion to go into a 15 minute executive session for personnel matters of individual non-elected personnel, Jeff seconded and all approved, (the session included the Commissioners, Justin Meeks and Kendell Mason). No action was taken.

At 12:08, Lynne made a motion to break for lunch and reconvene at 1:30, Jeff seconded and the motion passed.

Barbara and Joe Piene, Shana Emmerson, Butch Hutchison, Bill Hall and Bob Larkin met with the Commissioners. Barbara said they were meeting with the Commissioners regarding a memorial for Harold Coleman; she discussed his service during war time, his service as the Bourbon County Sheriff and as a Bourbon County Commissioner. She said he dedicated his life to serving others. Barbara said they would like to recognize Harold Coleman by doing a memorial; she suggested either doing a bench for the Courthouse lawn, a plaque in the lobby, a glass display case with memorabilia in it or welcomed any other suggestions. She said they would like the Commissioners support and permission for the memorial, but were not asking for a financial contribution from the County. Lynne said he was in favor of a memorial for Harold Coleman. Jeff made a motion that the Commissioners support the creative process of establishing a memorial subject to review and that they work with Shane Walker regarding the memorial, Lynne seconded and the motion passed. Barbara said they would bring the memorial idea that is decided upon back to the Commissioners for approval. Butch Hutchison said Harold asked him to question the old jail keys that Harold gave to the Commissioners; Lynne said he gave the keys to Shane Walker and that Shane will put them on display.

Ben Cole and Alvin Metcalf met with the Commissioners; Ben said he wanted to let them know that they are moving forward with having the fence built on the west side of the parking lot at the new Law Enforcement Center. Lynne asked that they bring this information back to the Commissioners next week since Nick Ruhl was gone from the meeting. Ben said they were told that the money from Briggs for the land they purchased from the County could be used to build the fence. Lynne said it is costing an average of $7,000/month for the utilities at the jail and said they want to make sure they don’t overspend. Ben said that Nick had told them in a previous Commission meeting to get the fence built; Lynne asked that they discuss this again next week when Nick is present.

Jason Silvers with the Fort Scott Tribune arrived at the Commission meeting.

Jody Hoener presented by telephone an update on EMS as well as economic development; Jody said she had been meeting with the City officials as well as Mental Health officials and had been gathering information regarding EMS services. She said she will be visiting Crawford County regarding their ambulance service. The Commissioners invited Jody to attend a meeting next Thursday at Miami County regarding their County ran ambulance service. Jeff discussed Christi Keating with Mercy Hospital meeting with the Commissioners; he discussed their local passion and their excitement of making something work locally. Jody Hoener and Justin Meeks plan to visit Jerry Moran’s office regarding resources available for economic development.

Lynne had a renewal contract from Stewart Listing to renew the listing at 108 W. 2^nd; Jeff made a motion to not renew the listing, Lynne seconded and the motion passed.

Justin Meeks presented a bid from Great Expectations for a handicap bathroom at 108 W. 2^nd for $1,993.68; Jeff questioned if there were any more bids and said he would feel better if there was more than one bid.

At 3:53, Lynne made a motion to adjourn and Jeff seconded.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Lynne Oharah, Chairman

(ss) Jeff Fischer, Commissioner

(ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

10/23/2018, Approved Date

October 9, 2018 Tuesday 9:00 am

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

Tammy Helm with the Fort Scott Tribune was present for a portion of the meeting.

Larry Howard and Jeremiah Hill met with the Commissioners and Jim Harris; they said they meet with the Commissioners a year ago regarding potholes near 245^th & 250^th. Mr. Howard said the County tore up Eagle Road and it’s frustrating because this road is traveled all the time. They questioned where the new pothole patching machine was; Jim said it is working on Condensory Road. There was discussion over using the lay down machine to build a wedge on the shoulder for less than 2 miles between 245^th & 255^th. Jim Harris said he thought they could use the pothole machine to build the wedge. Jeremiah suggested that they County share the pothole machine in the different Commission districts; he said it has been working in Lynne and Nick’s district, but not in Jeff’s district. There was a brief discussion of trying to get old 69 Highway and Condensory Road ready for a leveling course by January or February of 2019. There was a discussion over the bridge off of Eagle Road; the Commissioners said the initial bridge report discussed condemning the bridge, but after viewing the bridge the Commissioners felt that it could be fixed verses condemning and felt it needed to be done next year to prevent further deterioration. Jeremiah questioned the County fixing potholes near Osage & Old 69 Highway; Jim said the County used ½ a bucket of cold patch to fix the road and said it was a short project that didn’t use much material. Lynne told Jim Harris to go down to old 69 Highway and fix the potholes for 2 weeks and as soon as the 2 weeks were done to go back to Nick’s district to continue working there with the pothole machine. The Commissioners suggesting doing the wedge on the road next spring. Jeremiah Hill reported that 245^th was draining well, but said there are potholes on the road that need filled.

Jim Harris reported that the mowing and sign crew were working in the County. He said crews are working on opening up culverts to allow drainage due to the recent heavy rains. Jim said Yale Road (between 55^th & 65^th) was underwater.

Jim said the blast at the quarry was postponed until Friday due to the weather.

Jim said they used rock from the Shepherd Quarry to put on the hills and said it is working well. Lynne told Jim to have the graders use the padding on the hills because it is working well.

Lynne asked Jim Harris to call Dave Killion regarding the Kansas Rocks; he said a landowner gave Kansas Rocks permission to put a sign up; Jim said the sign would be in the right of way; Lynne said the sign needed to be placed east of the center of the road.

Richard Smith, a past employee of the Road & Bridge department passed away; Lynne made a motion that the County send a donation and that all of the Commissioners may attend the services for Richard Smith, Nick seconded and all approved.

The Commissioners had scheduled to discuss signing a letter from Diehl, Banwart regarding the 2017 audit; they postponed signing the letter for 2 weeks until they review reports.

The Commissioners discussed the closing of Mercy Hospital; Nick is looking at the operation side of the hospital, Jeff said he is looking at like counties and identifying County ran hospitals in Kansas. Nick said that Labette Health took over running the Independence emergency room and that the director called him offering assistance if Bourbon County needs it.

Fire District #3 members Delwin Mumbower, Louella Howard and Shawn Wyatt met with the Commissioners; Delwin said they wanted the Commissioners to know that they share the concerns regarding not having an ambulance service in Bourbon County. Delwin said they provide valuable services with the 1^st response and have a concern regarding private services and not having a say. Delwin said he knew the Commissioners are exploring all options and would like to see that they are involved with the medical response in the County. Delwin said they have trained volunteers that are EMT’s and medical responders. Delwin said if we lose the Mercy aspect of ambulance services the Fire District will need direction since they operate under Mercy. Lynne said once they create a task force regarding the ambulance, there will be many people involved. Delwin said many times they are on the scene before the ambulance. It was said that if a vendor provides ambulance service, there isn’t local involvement. Jeff said he understood the importance of locally provided ambulance service. Nick said the providing of the ambulance service will be a team effort. Delwin said that they have worked well with the current EMS providers. The Commissioners agreed to keep the Fire Districts involved in the ambulance decisions.

Lynne 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, Nick seconded and all approved, (the session included the Commissioners and Justin Meeks). After the session, Lynne made a motion that Nick work with Paul Ballou and Robert Uhler concerning the ambulance service, Jeff seconded and all approved.

John Page met with the Commissioners; he said there are potholes on the blacktop in Hiatville near Terrace Street. He said the County previously replaced 2 culverts here, but another one is needed where the buses are running, he also said there is a culvert near a curve where the culvert is shorter than the blacktop and 2 cars can’t pass in this portion of the road at the same time. Lynne said he would report these issues to Jim Harris.

Jeff received a call reporting a trash hauler going from Missouri to Kansas, the river is out in the area and people are turning around, citizens driveway was torn up due to this. Jeff said some structures have weight limits and there was speculation over whether this hauler is over the weight restriction and if the vehicle was tagged properly. Lynne told Jeff to discuss these issues with Jim Harris to get a solution.

Justin Meeks said he should be able to get the NRP completed soon, he said he has companies and individuals that are interested in the NRP.

Lynne reported that Jody Hoener had been appointed to the at large member of the SEKRPC board; Jody said because of this, the $25,000 application fee, per grant, for grant writing will be waived for the County. Lynne said he felt the SEKRPC could be put to work for the County.

The Commissioners, Justin Meeks and Jody Hoener briefly discussed the potential for the newly vacated Attorney’s office at 108 W. 2^nd; Lynne made a motion to allow Jody to get bids for equipment to house an industrial kitchen in the building, (the County has some kitchen equipment), Nick seconded and all approved.

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

Justin Meeks reported that they are working on the tax sale; he said since they are still moving forward with the Land Bank, he suggested putting the Hidden Valley parcels in the Land Bank.

Justin Meeks and Jody Hoener met with the Commissioners; Jody has been attending several meetings regarding the closure of Mercy Hospital. Jody said that Crawford County does all of the EMT service for Crawford County; she said they received $1.3 million in reimbursements, it costs approximately $1 million to operate and the difference is put towards equipment. They have 33 employees and 8 ambulances. The Bourbon County Commissioners estimate a County operated ambulance to cost $500,000 to operate after reimbursements. Jody said whether the County operates the ambulance or it is contracted out there are contracts and licensing to be done and a 180 day deadline to meet. Jody suggested that the County get an independent bid to operate the ambulance.

Lynne made a motion to hold next week’s Commission meeting on October 18^th since the Commissioners will be attending a meeting out of town on October 16^th, Nick seconded and all approved, (Nick will be available by telephone).

Lynne made a motion to go into a 5 minute executive session for preliminary discussions relating to the acquisition of real property, Nick seconded and all approved, (the session included the Commissioners, Jody Hoener, Justin Meeks and Kendell Mason). No action was taken.

The Commissioners asked that auditor Terry Sercer meet with the Commissioners on October 23^rd in an executive session.

Mark McCoy met with the Commissioners; he said he was concerned about Mercy Hospital closing. He said he had seen and read about the County and City working together regarding ambulance service; he said this was a good opportunity to work together. He questioned if C.H.C. SEK was involved in the ambulance service; Lynne said he was unsure. The Commissioners said that Mercy Hospital could have to provide ambulance service until February 23^rd, 2018 due to the 180 day notification of the termination of the contract. Mr. McCoy questioned if the Commissioners had considered the rural firefighters and police officers in becoming EMT’s or paramedics in the future; Lynne said that Fire District #3 already has EMT’s.

Emergency Manager, Will Wallis, met with the Commissioners to present a Memorandum of Understanding agreement between USD 234 & Bourbon County Emergency Management, the agreement stated that in an event of an emergency, Bourbon County could use USD 234’s buses and staff if needed; Lynne made a motion to sign the agreement, Nick seconded, all approved and Lynne signed the agreement.

At 4:18, Nick made a motion to adjourn, Jeff seconded and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Lynne Oharah, Chairman

(ss) Jeff Fischer, Commissioner

(ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

10/22/2018, Approved Date

October 3, 2018 Wednesday 9:00 am

The Bourbon County Commission met in open session for a special meeting to discuss the closing of Mercy Hospital. Present for the meeting were all three Commissioners, the County Clerk, Jody Hoener, Bill Martin and Bobby Reed.

Tammy Helm with the Fort Scott Tribune was also present.

Lynne 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, Jeff seconded and all approved, (the session included the Commissioners and Justin Meeks). After the session, Lynne stated that Bourbon County will be responsible for the ambulance service after Mercy Hospital closes down. Lynne said the County will be starting the process immediately by putting out for bid the ambulance service. Justin said the County is doing the best they can for the citizens of Bourbon County. Lynne said they have started fact gathering and looking at the financial aspects of the cost of the ambulance service. Lynne suggested that Jody Hoener and Kendell Mason gather the information for the financial aspects. Jody said that other counties may house out the contractual costs of some aspects of running an ambulance. Jody Hoener said she had already started the process of gathering the needed information. Justin said that City Manager, Dave Martin discussed the City and the County working together regarding the closure of Mercy Hospital. Jody said that Mercy Hospital said that the ambulance service may not make much money, but that the ambulance service breaks even. Jeff said the County needs data to make good decisions. Bill Martin stated that the closing of Mercy Hospital will affect the jail, sheriff and the city law enforcement. Jody and Justin both stated that they felt that Mercy hospital did its due diligence to reach out to area hospitals before deciding to close Mercy Hospital. Crawford, Woodson, Neosho and Allen County all run their own ambulance services. Jody Hoener discussed the higher reimbursement rates that critical access hospitals earn verses Mercy Hospital and their reimbursement rates.

At 10:43, Lynne made a motion to adjourn, Jeff seconded and all approved.

At 11:00 the Commissioners held a 2^nd meeting to discuss attending the funeral for Harold Coleman; Nick made a motion that all of the Commissioners attend the funeral, Jeff seconded and all approved. Lynne made a motion to send flowers and a card for the service, Nick seconded and all approved.

At 11:05, Jeff made a motion to adjourn, Nick seconded and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Lynne Oharah, Chairman

(ss) Jeff Fischer, Commissioner

(ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

10/09/2018, Approved Date

October 2, 2018 Tuesday 9:00 am

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

Jim Harris reported that they have a bush hog working near Unique east of 215^th, one at Fern and 160^th and one on the airport near Rock Creek. He said they are using one side arm mower on Highway 7 and one near Bronson. Jim said they are patching on 235^th and will be padding a hill at 55^th & Limestone, padding Reeder hill on 95^th and will be padding a hill on Range Road. Lynne suggested that they may need to do padding at 85^th south of 65. Jim said they covered debris at the Landfill 10 days ago. Jim said they will be blasting at the Beth Quarry. Jim said he would be attending a meeting in Wichita this week regarding laws and regulations.

Jeff complimented the Road & Bridge employees work; Jim said he had excellent employees.

Jim suggested that they have a work session regarding the bridges in the County; he said they have the bridge inspection report and the traffic count.

Jim said they will start working on the 2^nd Street Bridge next week; Jeff suggested the bridge could be fixed for a few hundred dollars.

Lynne 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, Jeff seconded and all approved, (the session included the Commissioners, Justin Meeks and Jody Hoener). After the session, Lynne said it was a sad day for Bourbon County with the closing of the hospital, he said their hearts go out to those employees and their families. Lynne said it is up to the County and City to move forward with a plan to benefit Bourbon County. Jeff said their biggest nightmare was realized yesterday, he said there are big challenges ahead; he said they don’t have answers today, he said there are a lot of things to address within the next 90 days. Jeff made a motion to give Lynne permission to contact Dave Martin with the City of Fort Scott to give their wishes to have Justin Meeks and Jody Hoener as lead people on the project, Nick seconded and all approved.

There was a discussion over the amount of money budgeted for economic development; Justin informed the Commissioners that of the $18,500 budgeted for economic development in 2018 $4,675.95 is paid to SEKRPC (and has been for several years). Jody Hoener said there are a lot of services that come with being a member of SEKRPC; she said there are many grants available which this program may be able to help obtain.

Clint Walker met with the Commissioners; he said a person asked him if the County was pursuing property for a lake similar to Farlington Lake; Lynne said there was nothing done officially for this matter. Clint discussed the closing of Mercy Hospital; he said this will hurt trying to build the population of our County.

At 11:35, Lynne made a motion to break for lunch and reconvene at 1:30, Jeff seconded and all approved.

The Commissioners discussed the wages for the new Economic Development position for 2018; Lynne said that $35,000 was placed in the Attorney’s fund in 2018, (this money was originally planned to be used for the County Counselor’s position) but was budgeted to be placed in the Attorney’s fund. The Commissioners decided to reduce the Attorney’s 2018 budget by $11,000 to cover the 2018 wages for the Economic Development position for 2018. Lynne asked Jeff to discuss the moving of the $11,000 with the County Attorney.

Nick made a motion to allow Jody Hoener to attend a Kansas Economic Development Association conference on October 23^rd & 24^th, Jeff seconded and all approved, (the County will pay the expenses for the conference).

Lynne made a motion to go into a 12 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Jeff seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

At 4:13, Lynne made a motion to adjourn, Nick seconded and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Lynne Oharah, Chairman

(ss) Jeff Fischer, Commissioner

(ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

10/09/2018, Approved Date

September 25, 2018 Tuesday 9:00 am

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

Also present for a portion of the meeting were Tammy Helm with the Fort Scott Tribune and Nancy Van Etten. KOAM news was present for a portion of the meeting.

Jim Harris and Jerad Heckman met with the Commissioners; Jim reported they are crushing and getting ready to drill at the Beth Quarry, patching on 215^th south of the Hospital, they will then be moving to 125^th near Mapleton to do work and then will be moving to 235^th (Condensory Road) to do work. He said they are hauling gravel around the County. Jim said there is a mower Northwest of Fulton, a mower Northwest of Uniontown, one at Fort Scott Lake moving East and a mower near Elm Creek Lake. Jim said they are side trimming on Unique and near Bronson. Jim reported they got in salt for the winter weather. Lynne reported that the Bronson Mayor suggested that the County wait until spring to do the chip seal in that area.

Jeff Fischer reported potholes near the railroad tracks on 245^th. Nick Ruhl reported that something had caught a culvert and pulled a portion of the culvert up at 205^th & Jayhawk. Jim said towards the end of the year, he wanted to look at the money left in the budget to consider purchasing a magnetic attachment for the grader blades.

Jim reported that they had completed the traffic counts on the bridges that need work; he said they should have a work session to discuss the findings.

Jim said they would repair the East end of the 2^nd Street bridge.

Jeff reported that he had attended and presented data at a task force meeting in Pittsburg. Funding roadways was one of the topics of discussion. He said there was a discussion over the amount of money the County receives verses what the State receives from the fuel tax money. Jeff said that Legislature understands the importance of completing 69 Highway to I44. Jeff said expanding businesses look at highway access when considering locations to expand. Jeff discussed the budget for Bourbon County for the past 10 years; he said Road & Bridge remained fairly flat, Employee Benefits had increased and the Sheriff budget had a modest increase of approximately 4% each year.

Lynne made a motion to go into a 5 minute executive session for confidential data relating to financial affairs or trade secrets of corporations, partnerships, trusts and individual proprietorships, Nick seconded and all approved, (the session included the Commissioners, Jim Harris, Jerad Heckman and Justin Meeks). After the session; Lynne asked Jim Harris to get figures on charges for solid waste tonnage at the Landfill.

Cathy Cooper with the 6^th Judicial District met to present the FY2018 outcome report for the adult community corrections. She said they had 89 offenders discharged from the program and 60 were discharged as successful which equaled a 67.4% success rate. Nick made a motion that Lynne sign the report, Jeff seconded and all approved and Lynne signed the document.

Shawn Sheehy met with the Commissioners; he asked permission to hold a Rosary Rally in front of the Courthouse on October 13^th from 11:30 am – 1:00 pm; Justin reminded the Commissioners that once you grant one group access you create access for all. Nick made a motion to allow them to hold a Rosary Rally on October 13^th from 11:30 am to 1:00 pm, Jeff seconded and all approved. If anyone has questions regarding the Rosary Rally they can contact Shawn Sheehy at (620)644-8428.

Terry Sercer with Diehl, Banwart & Bolton met to present the 2017 Bourbon County audit; present for this were KOAM news, Lora Holdridge, Patty Love, Jim Harris, Jerad Heckman and Sparky Shroeder. Terry met with the Commissioners to present the audit on September 18^th, but there was a question over a few funds ending 2017 balances. Terry reviewed these funds and said there were 2018 transactions that were posted that he wasn’t aware of, (he said the minutes reflected the authorization of the transfers). He said when he figured in the transfers, it did away with the negative balances in a few funds. Terry said the 2017 audit has budget violations in 3 funds where expenditures exceeded the budget; Community Emergency Response, Bridge and Culvert and Landfill. Terry said this could have been avoided if the 2017 budget had been amended; he said the money was there, but the budget didn’t support the expenses. Terry suggested that the budget amendments be started in November each year. Terry discussed the net pension liability; he reported that the total net unfunded liability for the pension (KPERS) liability as of June 30, 2017 was $9,128,629,062. Terry discussed weakness and internal controls; he said the Treasurer has four main banking accounts, he said one of those accounts wasn’t completely reconciled from August 2017 on, he said the interest hadn’t been booked on the account; Terry said there was no missing money, but the money needs recorded and identified. Patty said this was a fairly new account and said the account hadn’t been audited in the past. Terry said the tax roll has to be reconciled September 30^th each year; he said this was not done in 2017, Terry said with the County software it has to be done by this date and said you cant go back and gather information after the fact if the tax roll isn’t reconciled by September 30^th. Lora Holdridge stated that the former County Treasurer Rhonda Dunn was still being paid full pay until November 2017 to ease Patty into the Treasurer position, she said so technically Patty took over the Treasurers position after the fact of the tax roll reconciliation. Terry stressed the importance of having more than one employee overseeing the inmate and diversion funds. Jeff said they learned there was a bank account that they weren’t aware of; Terry said it was the job of the Treasurer to know of all of the County accounts; she said it was her job to make sure the County funds were adequately secured and said she should see all bank statements. Jeff questioned if the Treasurer should get other taxing subdivisions bank statements as well; Terry said the County only oversees County funds, he said the County is a holding entity for tax dollars for other entities tax funds.

Lynne stated that he appreciated all of the County employees work in helping the offices move.

The Commissioners discussed the County Health Insurance; Lynne said they had other insurance companies make presentations and said insurance representative Don Doherty stated more than once that there could be an initial savings, but would probably have higher rates after the first year, he said the County should stay insured with the State Health Plan. The Commissioners discussed the County Health Insurance being a good benefit for County employees; they stated that if the County switched health insurance carriers, then they wouldn’t have to pay as much as the County premiums as they do. Jeff made a motion that Lynne sign the three year health insurance contract with the State Health Plan, Nick seconded and all approved and Lynne signed the contract.

Lynne made a motion that all of the Commissioners and Justin Meeks attend the KAC meeting October 15-17^th, Jeff seconded and all approved. The Commissioners cancelled the October 16^th Commission meeting.

Jeff made a motion that all of the Commissioners attend a trail system meeting on September 25^th in the Commission room, Jeff seconded and all approved.

Jeff made a motion that Jody Hoener be allowed to attend an open house in Independence, Kansas regarding a business accelerator, Nick seconded and all approved.

The Drivers License will be moving offices from the Courthouse to 108 W. 2^nd in October 2018.

Jeff 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, Nick seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

Jeff made a motion that Lynne sign a notice of termination for the storm water permit at the new jail, Nick seconded and all approved and Lynne signed the termination notice.

Sparky Schroeder questioned if the County was buying another semi truck to replace the one that is listed on Purple Wave; the Commissioners said one blew up, but they haven’t approved purchasing another one yet; Sparky said the quote of $35,000 to fix the engine was too high. Lynne said they will probably replace the truck when we have the funds. Sparky questioned what the semi-trucks were used for. Sparky suggested that the Commissioners look at the County vehicle maintenance program. Sparky questioned when the County would have the KIOSK employee; the Commissioners didn’t have a date for this.

Jeff made a motion that all of the Commissioners sign a letter of support for the nomination of Darrel George for the Kansas Fairs and Festivals Hall of Fame Award for 2018, Nick seconded and all approved and signed the letter.

Lynne made a motion to approved Resolution 22-18, a salary resolution adding the position of the Economic Development Director for an annual salary of $35,000, the beginning wages will be $1,211.53 (bi-weekly), after 4 full pay periods the rate will be $1,346.15, Nick seconded and all approved and signed the resolution.

Lynne made a motion to break for lunch and reconvene at 1:30, Nick seconded and all approved.

The Commissioners and Sparky discussed County equipment and debt.

Nick made a motion that the Commissioners will not have a Commission meeting on November 6, 2018 due to that being Election Day, Lynne 2^nd and all approved.

All of the Commissioners will attend the County Election Canvass on November 15^th at 10:00 am.

Emergency Preparedness Director Will Wallis met with the Commissioners; he said his job is to prepare the community for disasters. He recently attended training seminars in Topeka regarding nuclear releases from power plants. Will presented the Commissioners a draft of a radiological emergency response plan regarding the Wolf Creek Nuclear Power Plant and what could happen if there were a nuclear release and identify the actions to be taken by the Bourbon Emergency Response Organization to protect the public in the event of an incident at the Wolf Creek nuclear power plant. Will said there is no other disaster that would compare to a nuclear release. He discussed the procedure to decontaminate, the area that could be affected from a nuclear release and the economic impact that this could have.

The Commissioners asked Will Wallis to move the emergency ambulance behind the Courthouse to the Road & Bridge.

Lynne 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, Jeff seconded and all approved, (the session included the Commissioners, Justin Meeks and Kendell Mason). No action was taken.

Lynne reported that the City of Fort Scott requested that the County trim around the water treatment plant; Lynne made a motion to give Jeff the authority to talk to Dave Martin at the City of Fort Scott, Nick seconded and all approved.

Jeff made a motion to give Lynne, Justin Meeks and Jody Hoener permission to meet with Joe Bisone, Nick seconded and all approved.

Lynne made a motion to sign the 2 year lease agreement for the driver’s license (with the option to extend) between Bourbon County and the State of Kansas. Rent will be $140/month, (the County will be responsible for Utilities, repairs and maintenance on the building, Nick seconded and all approved.

Nick made a motion that Jeff be the voting delegate and the Lynne be the alternate at KAC, Lynne seconded and all approved.

Nick made a motion that the County purchases gift cards for County employees again in 2018 instead of having a holiday meal, Jeff seconded and all approved.

The Commissioners decided to move the correctional parking signs from the north side of the old jail to the southwest corner of 2^nd and Judson and designate the 2 parking spots right next to the old jail in the parking lot at the Sally Port as Correctional Center parking.

At 4:22, Nick made a motion to adjourn, Jeff seconded and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Lynne Oharah, Chairman

(ss) Jeff Fischer, Commissioner

(ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

10/02/2018, Approved Date

September 18, 2018 Tuesday 9:00 am

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

Tammy Helm with the Fort Scott Tribune was also present. Jerad Heckman was present during the discussion of the Road & Bridge issues.

Jim Harris reported that they had completed the Xylem Road cleanup.

Jim presented an application from Friends of Reservoir from Don George; Lynne made a motion to approve and sign the application, Jeff seconded and all approved.

Jim said the City of Fort Scott asked the County to waive the $1,369.90 worth of Landfill fees for the City to dump the cart sheds they have torn down from the Golf Course; Jeff made a motion to approve waiving the fees, Nick seconded. Jeff said the County buys water from the City and said he thought it was within character for the County to process the trash and the city process the water in exchange; he said he was concerned that this was just the tip and said the iceberg might be much larger. He said this could strap us financially. Jeff questioned if the County was sitting a precident and said this could fall under the line of an inter local agreement. Jeff suggesting getting a cooperative agreement in place; Jeff said 2 is stronger than 1. Jeff said he looked forward to a joint effort when the paving process begins. Jim said the City & County should be working together to accomplish their goals. All approved the motion.

Jim Harris reported he had an employee from the asphalt crew that left employment; he asked permission to fill this vacancy. Lynne made a motion to replace this position, Nick seconded and all approved. Lynne said that an employee on the asphalt crew will work in other areas as well.

Jim Harris and Jeff Fischer viewed the road and shoulder on 245^th; Jeff said in years past at the direction of the Commissioners a contractor overlaid and left a strip of asphalt which left a sharp edge; Jeff suggested that the County take the Patcher and smooth the edge, no decision was made on this. They also looked at 2 bridges and staged the repairs based on the Schwab Eaton report; the first bridge which is south of Garland on 250^th needs rip rap, the second bridge is on 2^nd Street; Jeff suggested that the bridge be addressed now for a little money or a lot more money later on.

Jeff said he would be attending a task force meeting on September 20^th; he said he did a bench mark study comparing Counties, did a report on the 2014 & 2018 bridge inspection reports and compared employee benefits, public works and the sheriff and correctional center budgets from 2008-2018. Jeff will be discussing this at the meeting.

Terry Sercer met to present the 2017 audit; also present were Lora Holdridge, Patty Love, Jerad Heckman and Jim Harris. Terry said the County waves the Generally Accepted Accounting Principals and doesn’t spend the money unless they have the cash on hand or have the budget authority to spend the money. Terry said he verifies the tax rolls, payroll and payments made. Terry said there were budget violations in Noxious Weed, Road & Bridge and Special Bridge. Terry said Kendell Mason had contacted him in early December of 2017 to notify him that a budget amendment needed to be made, but said by the time he had a chance to do this it was too late to be done. Jim said that the money was there for his funds in 2017, he presented a report verifying this information. Terry said he would review the reports and meet with Jim Harris, Patty Love and Lynne Oharah at 9:00 am on September 19^th; Jeff made a motion to give Lynne permission to meet with Terry Sercer and the others on September 19^th, Nick seconded and all approved. Lora Holdridge questioned the variance on money in the employee benefit fund for 2017, Lynne said the variance is due to the Commissioners budgeting extra to cover for the variance that could occur with the employee benefit rates.

Nick reported that Road & Bridge will haul a tree away from the Hammond Community Center.

Jeff made a motion to give Jim Harris permission to haul gravel and dump it at the parking lot of the bike trail at Gunn Park, Nick seconded and all approved. Jim said he would talk to Shane Walker about the gravel.

Northwestern Mutual representatives Don Doherty and Jeremy Bowman met with the Commissioners regarding the County provided health insurance benefits. Don said they looked at the market, he said the first year the County could end up with a good rate, but said in future years the County could loose the savings. He said the only reason he felt the County should leave the State Insurance would be if the County wanted to pay less towards the dependent contribution, which he said, could mean a pay decrease for the County employees. Don said it didn’t look like the best scenario to leave the State Insurance. Don said he sees groups the size of 50-120 that are the most vulnerable in rate increases. Don said the January 2019 rates are cheaper, but may not stay cheaper. Don said he guessed that the annual increase with the State is predictable. Don said he would love to write the insurance business for the County, but felt that it was best to stay where we are with our health insurance. The Commissioners will discuss the health insurance on September 18^th.

Dwayne Allen met with the Commissioners; Dwayne presented a resignation letter from Darrell Bloomfield for the Drywood Township Trustee position, he said Darrell had moved out of the Drywood district. Dwayne said that Richard Cullison Jr. was willing to accept the trustee position, and said he was his formal recommendation to the Commissioners. Jeff made a motion to appoint Richard Cullison Jr. to the vacated position of the Drywood Trustee position for the remainder of the unexpired term, Nick seconded and all approved.

Justin Meeks and Jody Hoener met with the Commissioners; a new position of Economic Development Director was created by the Commissioners and Jody Hoener was hired for this position. Justin said the Economic Development Director position had been an ongoing project. He said we hear comments that the property taxes in Bourbon County are high. He said the data shows that we either need to get the value up or cut services. Justin said there are grant opportunities out there and he discussed the need for and Economic Development Director. Justin said this is an at-will position. Jody was questioned about an administrative fee for grant writers; she said grant writers usually get an administrative fee. Lynne said the only way for the County to provide the needed service and reduce taxes is to promote economic development. Justin said the Commissioners could have advertised for the position, but said they had a person with the skill set specific to the position, he said the position is traceable. Lynne said they had already made the decision to hire Jody Hoener and said the data supports the decision. The Commissioners said they had been trying to address the economic development issue for four years.

At noon, Lynne made a motion to break for lunch and reconvene at 1:30.

Lynne 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, Jeff seconded and all approved, (the session included the Commissioners, Justin Meeks, Judge Ward, Judge Harth, Bill Martin, Bobby Reed and Ben Cole). No action was taken.

Jeff Fischer left for the day.

The Commissioners worked on packing their office in the afternoon in order to move to the first floor.

Lynne made a motion to put 6 handicap stalls on the Northeast side of the building, (Lynne will discuss this with Jim Harris), Nick seconded and the motion passed.

At 4:25, Lynne made a motion to adjourn and Nick seconded.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Lynne Oharah, Chairman

(ss) Jeff Fischer, Commissioner

(ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

09/25/2018, Approved Date

September 11, 2018 Tuesday 9:00 am

The Bourbon County Commissioners met in open session with all three Commissioners and Justin Meeks present.

Tammy Helm with the Fort Scott Tribune was also present.

Jeremiah Hill and Larry Howard met with the Commissioners regarding road issues. Jeremiah said he and Jeff Fischer had been playing phone tag regarding 245^th south of Indian Road; Jim Harris said the area he was referring to is a narrow road that the County had made one path down with asphalt. Jeremiah brought pictures showing water running down both sides of the road, because the water can’t get in the ditch. He said the road is washing out and there are potholes. He said drivers have no choice, but to get off the edge of the road. In his opinion the road is getting dangerous, especially at night and a driver might not see water on the side of the road. Jeremiah said he brought this to the County’s attention two years ago. He said he would like the potholes fixed. Jim said they have been using the pothole patching machine near Redfield; they will then use it on 125^th and then move to Condensory Road. He said he would go whichever direction the Commissioners tell him to. Lynne said the pothole machine has been working every day the weather has allowed. Jeff asked if the problem was that the County pulls ditches on gravel roads; Jim said they do and they also pull ditches on gravel roads to get the water off. Jim said he needs to view the road and said they have to be careful to not damage the road. Jeff questioned if the County should build the edge up with gravel; Larry Howard said the drop off from the asphalt could catch drivers off guard and be dangerous. Jim said the drop off is solid where gravel could create some problems. Jeff suggested bringing in some clay. Jim said the shoulders need to be fixed, but putting loose gravel on the edge could be a problem for drivers. Jeremiah said there are areas, like the bridge on 250^th where there is a good side and a bad side; he said the road could be evened out and the potholes fixed. Jeff said the water needs to be off of 245^th, so it does not freeze and thaw and cause more damage. Jeremiah said since Eagle Road west of 250^th is gravel, there is more traffic on 245^th. He said he was told that asphalt on Eagle Road was going to be a priority; he said that would eliminate half the traffic on 245^th. Lynne said the old highway is a good road to Fort Scott and if it was fixed first, there would be more people using it. Jim reported that a 24 hour traffic count on the bridge was 119 vehicles, 400 cars on 230^th, 400 cars on 230^th (between Kansas and Jayhawk Road). Larry Howard asked about the bridge on 250^th south of Deer Road; Lynne reported they are working on the bridge. Larry said in addition to what the County had budgeted for overlay, there was some overlay done on a quarter mile of Stringtown Road; Lynne said the County had some money left over from the Maple Road project. There was discussion over the TV stations appearing at the Commission meetings and who calls them, the Commissioners said they do not call them. Larry asked about the County taking money from the asphalt fund to repair the bridge on 250^th; he asked if there was a bridge fund? The Commissioners said there is not; Nick said if money is taken from the asphalt fund then there would be less money to lay asphalt. The Commissioners said fixing 245^th will depend on how much money will be needed to repair the bridge. Jeremiah said he had talked to Jim about culverts that needed repaired; Jim said the ones he viewed were working properly, Jeremiah said they were still holding water; Jim said he would keep and eye on them. Jeremiah said the County took out (while clearing brush) 60-70 feet of fence at 205^th & Poplar, he said he would fix the fence, but wanted to inform Jim that it happened. Jeremiah asked Jim when they would be working on 245^th; Jim said it would be a while before they were there working. Lynne made a motion to go into a 15 minute executive session for personnel matters of individual non-elected personnel, Nick seconded and all approved, (the session included the Commissioners, Jim Harris and Justin Meeks. After the session, Nick made a motion that Jeff and Jim view the shoulders on old 69 Highway and the drainage and drop off on 245^th, the bridge repair and the pavement stretch onto Stringtown Road, Lynne seconded and all approved.

Jeff said he had noticed that potholes had been repaired on Stateline Road. Jeff complimented the crew for the work that has been done on the low water crossing.

Jeff Fischer presented an example of an inter local agreement that Allen County uses with surrounding Counties. No decision was made on the example.

Lynne made a motion to allow the Health Department to give the employees flu shots again in 2019, Nick seconded and all approved.

Jeff made a motion that Bourbon County write a letter of support for recommending nomination of Darrel George for the Kansas Fairs and Festivals Hall of Fame Award for 2018, Nick seconded and all approved.

At 10:00 am, Lynne opened the 2019 budget hearing for comments; present for the hearing were Nancy Van Etten, Angel Wilson, Lora Holdridge, Sparky Schroeder, Bill Martin and Bobby Reed. Nancy questioned what the biggest changes in the budget were; Lynne said that employee benefits and KPERS were the biggest change. Bobby pointed out to the Commissioners that the $549,608 allocated for wages for the Correctional Center for 2019 would not cover the base wages for his department; he said it would not cover any overtime or holiday pay. Bobby said in 2019 he would be over budget on this line item. Lynne said the Sheriff/Correctional Center budget in 2018 had money in the Sheriff’s line items that should have been placed in the Correctional Center’s line items; Lynne called Terry Sercer to discuss moving this money to the correct line item, Terry said the Commissioners could approve the 2019 budget and make the transfer later on. Lynne said the 2018 County Attorneys budget had $35,000 in it that was originally designated to cover a portion of the County Counselors wages in 2018. Lora Holdridge questioned the Register of Deeds 2019 budget; she said the Commissioners had cut wages to a part time employee verses a full time employee, she questioned the plans for the information officer and questioned where it was budgeted for the information officer; the Commissioners said this is still in the works. Lora continued to discuss the 2019 Register of Deeds budget; Lynne said they budgeted to give her exactly what she requested; Lora later came and apologized to the Commissioners. Nancy questioned what an information officer is; Lynne said it is a catch all employee that can do different functions to take the work load off of some employees. Jeff made a motion to approve the 2019 budget, Nick seconded and all approved and signed the budget. The 2019 budget has an estimated mill levy of 66.602 and the 2018 budgets mill levy is 66.603.

Jeff asked Bill Martin what the subject was he planned to discuss later on the agenda, since he had not given a subject; Bill said he planned to discuss calls for service. Jeff thanked Sparky and Nancy Van Etten for attending the Commission meeting; he said the Commissioners welcome visitors, but said when a department head schedules time on the agenda, they expect a subject to be on the agenda.

Jeff made a motion that the County writes a letter of support nominating Darrel George for the Kansas Fairs and Festivals Hall of Fame Award for 2018, Nick seconded and all approved.

Justin said the paperwork to implement the Neighborhood Revitalization Program is ready to be signed; Nick made a motion to allow Lynne to sign the paperwork for the inter-local agreements with other taxing entities, Jeff seconded and all were in favor.

After lunch, Lynne made a motion to go into a 30 minute executive session for matters relating to employer-employee negotiations whether or not in consultation with the representative of the body or agency, Nick seconded and all approved, (the session included the Commissioners and Justin Meeks). After the session, Lynne made a motion to hire an economic development director with benefits, beginning October 1, 2018, Jeff seconded and all approved.

Bill Martin and Ben Cole met with the Commissioners; the presented an incident report from the Fort Scott Police Department for calls for service for all of 2017 and from 1/1/2018-09/04/2018. For 2017 there were 7,852 calls and for 2018 there have been 4,306 calls. They said this report does not show what is dispatched. Bill said the COPS program had been extended for 12 more months.

Justin made a motion to accept a floor bid for the law offices, Lynne seconded and all approved.

Lynne made a motion that Lynne attend a meeting with Justin on the walking trail, Nick seconded and all approved.

At 4:30, Nick made a motion to adjourn, Jeff seconded and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Lynne Oharah, Chairman

(ss) Jeff Fischer, Commissioner

(ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

09/25/2018, Approved Date

August 28, 2018 Tuesday 9:00 am

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

Tammy Helm with the Fort Scott Tribune was also present.

Jim Harris presented the fracture critical bridge report for #70, a steel bridge on 250^th; Jim said the cost to replace the bridge is estimated to be $830,000. Jim said it would cost an estimated $145,000-$194,000 to repair the bride and said the County could do some of the repair work to save approximately $32,000. Jeff Fischer said this is a historic property and suggested exploring funding mechanisms for this bridge. Jim said this would need to come out of the 2019 budget and said if it did, the County would have to reduce the total miles of asphalt roads completed in 2019 to cover the cost of the bridge. Jim suggested discussing this again in January and then possibly getting bids.

Lynne made a motion that all of the Commissioners may attend a safety meeting regarding snow removal and lunch on August 30^th, Nick seconded and all approved.

Lynne said someone called him regarding a 10 speed bike that is in the scrap pile at the Landfill and the person would like the bike; Jim said the Landfill could weigh the bike and sell it to him for the cost of scrap. Lynne made a motion to do this and Nick seconded. Jim will call the person wanting the bike.

Justin Meeks said he had contacted the FSCC president regarding the request from them for gravel at the new dorms; he said this request is on hold for now and said there maybe an inter-local agreement for trading services later on.

Justin Meeks said the operators of the BMX Trail in Gunn Park have requested 3 loads of gravel from the County for the parking lot, (the Commissioners will talk to Shane Walker regarding the request for gravel). Jeff questioned how this request is different than the request from FSCC and a possible inter-local agreement with the City; Justin said the college needs more than 3 loads of gravel. Jeff said if the parking lot is owned by the City, then there should be an open door inter-local agreement. Lynne said there are discussions happening regarding an inter-local agreement with the City of Fort Scott. Jeff said this would not be a cash transaction and said the County keeps running into walls with an inter-local agreement with the City of Fort Scott. Jim said he received a request that the County do sidearm mowing at the City of Fort Scott water treatment plant. Jim said he told the requestor that the leaders need to make sure they are sharing equipment and Jeff said the opportunity is there and said an inter-local agreement could give the opportunity to get more done with the taxpayer’s money. Jim said the cooperation could prevent renting machines if the equipment was shared. Justin reminded the Commissioners that the City of Fort Scott residents also pay County taxes.

Jeff made a motion to go into a 3 minute executive session for personnel matters of individual non-elected personnel, Lynne seconded and all approved, (the session included the Commissioners, Jim Harris, Justin Meeks, and Kendell Mason). No action was taken.

Nick said he received a report of a pothole on 240^th, (south of Jayhawk); Jim said he is already addressing the pothole.

Nick reported that 250^th & Native Road needs gravel and side arm mowing done there; he said a school bus had been stuck there.

Nick said there is a tree partially on Condensory Road. He also reported big holes on both ends of the Slick Rock Bridge.

Jim said they are crushing rock at the Shephard’s Quarry and are hauling gravel to Poplar and 95^th. He also reported they are mowing around the County.

Bill Martin, Bobby Reed and Ben Cole met with the Commissioners regarding overtime. Bill said the Wednesday edition of the Tribune had a comment that Jeff had made saying that he and the other were grappling with the padded overtime figures from the Sheriff & SEKRCC. He asked if he was speaking for all Commissioners, and said he has an open door policy and any Commissioner can come and talk to him. Jeff said in 2016 the Sheriffs budget had $20,000 for overtime, 2017 = $35,000, 2018= $40,000 and 2019 = $125,000. Jeff said they have observed changes and are grappling with how to reconcile the $125,000 overtime request for the 2019 budget for the Sheriff’s department. Bill said they are getting more calls for service and said the Commissioners gave raises in 2018 and that increase is figured in the budget request. Bill said he believes in his employees and has confidence in them, he said he wants to know what his employees are doing while they are on overtime, so he has his employees fill out an overtime report to explain and sign the reports. Bill explained that there are no time restrictions on the time spent on investigations and search warrants, which can generate overtime. Bill said traffic stops can lead to other charges and arrests and can lead to investigations and search warrants. Bill said he is not padding his overtime and said that was an incorrect statement. Bill also discussed his employees being called in for court on their days off and this causing overtime. Lynne said in 2017 the Sheriffs department lost staff, so they had to cover vacancies which caused overtime. Lynne said the 2019 budget has added staff and more money budgeted for overtime. Lynne asked Bill if he anticipated the overtime going down, Bill said not with this County Attorney. Bill said in 2017 his department was proactive and more experienced, he said now he has newer employees with less experience. Lynne said in 2019 the Sheriff budgeted to triple his overtime, Lynne said deputies have been added and said they are trying to create a budget that they will not have to raise taxes and said that staff and budgets have been cut trying to maintain a budget that doesn’t raise taxes. Bill said he understood, but said he had a service to provide. Lynne questioned how do we provide the services without increasing taxes? Bobby stated that since 2013 he has budgeted 10 hours per person, per pay period to cover overtime for the SEKRCC.

Jeff 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, Nick seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

Lynne 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, Jeff seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

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

Justin Meeks presented 2 bids from Great Expectations; one bid was for $3,662 to convert space at 108 W. 2^nd for the Drivers License, and the 2^nd bid was for $1,602.95 to convert the 2^nd floor of the Courthouse for the Attorneys offices. These motions were tabled and later Jeff made a motion to decline the bids, Nick seconded and all approved. Great Expectations revised their initial bid (they altered the type of glass to be used). Jeff made a motion to accept the revised quote for $2,464.17 for work to be done on the 2^nd floor and approve the bid of $3,662.00 for cabinets and countertop in the old Attorneys office for the placement of the drivers license, Nick seconded and all approved. Great Expectations will have the work done by September 12^th, 2018.

The County Clerk’s office, the Treasurers office and the Public Works office will be closed on September 1^st, 2018 for moving.

At 11:54, Lynne made a motion to break for lunch and reconvene at 1:30, Nick seconded and all approved.

Nancy Van Etten was present for a portion of the afternoon meeting.

Denise Duncan met with the Commissioners; she is the owner of the vineyard and winery on Poplar Road approximately 1 mile off of 69 Highway. She said their business has been approved for a tourist sign on 69 Highway at the Poplar Road exit. She expects the sign to bring more traffic and requested that the road be changed from a gravel road to an asphalt road. The Commissioners said they will ask Jim Harris to do a traffic count on this road. The Commissioners explained the proposed county-wide NRP program to her (in case they plan on building or remodeling their business or home).

Robert Coon met with the Commissioners; he said he plans to put on his property on 54 Highway a lighted, commercial billboard with 2 -10 x 20 spots, he said it is in the 3 mile radius of the City of Fort Scott. He said the sign will be placed on his property on his side of the fence. He had an application from the State of Kansas for the sign and said he needed the official approval from the County as well as a signature from a local official. Justin Meeks said he would review this and respond to Mr. Coon by September 4^th. Mr. Coon said the State owns real estate next to his property, he said he had talked to the State about obtaining the land and said he was told that the State could give the land to the County and the County could give the property to Mr. Coon. He said people drive on the State’s land and go onto his property thinking they are going to get to old 54 Highway. He said he wanted to put a gate and fence of this property to keep the traffic out. Justin said the issue he saw with the State owner property is that there is a property owner to the south that would have an interest to the middle of the road.

The Commissioners continued to discuss the 2019 budget; Jeff told the other Commissioners that he appreciated their commitment to the taxpayers of holding the mill levy down. Jeff made a motion to approve the 08/22/2018 revised budget figures, which has an estimated mill levy of 66.602, Nick seconded and all approved. Justin said the County has a cap when it comes to the budget and said there was really no way to raise the mill. Kendell reminded the Commissioners that the mill levy at this point is only an estimate and that if property values change before the mill levy is set, then it could change the final mill levy. The Commissioners will have a budget hearing on September 11^th, 2018 for the final approval of the 2019 budget.

Nick made a motion that all of the Commissioners will be present at the Courthouse on September 20^th & 21^st to assist in the moving of offices, Jeff seconded and all approved.

Jeff questioned if the County was receiving revenue and billing for housing inmates at the new jail from housing out-of county inmates.

Lynne had a request from the City of Uniontown; they are applying for a grant for a 6 foot A.D.A. compliant sidewalk that will run from the Union Station to the USD 235 grade school. They asked for a written letter of support and for a financial commitment from the County. Jeff gave Lynne permission to sign a letter declining help with the sidewalk, Nick seconded and all approved.

Jeff made a motion to cancel the September 4^th Commission meeting and Nick seconded. The Commissioners may need to schedule an emergency meeting at some point to discuss the jail temperature monitoring.

At 4:03, Nick made a motion to adjourn, Jeff seconded and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Lynne Oharah, Chairman

(ss) Jeff Fischer, Commissioner

(ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

09/11/2018, Approved Date

August 21, 2018 Tuesday 9:00 am

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

Jim Harris reported that the engine had gone out of the Sterling truck; he said it would cost $47,000 to repair and said the truck could be replaced cheaper.

Jeff Fischer questioned the cost to inspect the fire extinguishers verses purchasing new extinguishers each year; Jim said it is an insurance requirement that the extinguishers be inspected. Jeff questioned if the insurance company requires the inspection, then perhaps they could provide the service. Jim said he would discuss the inspections with the insurance company. Nick felt that the inspections were necessary.

Jim reported that KWORCC will be presenting a safety meeting on August 30^th at 10:00 am; some of the Commissioners may attend the meeting.

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, Jeff seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

Jason Silvers with the Fort Scott Tribune arrived at the meeting.

Bobby Reed with the SEKRCC met with the Commissioners regarding the 2019 budget; he revised his budget based on different rates for inmate meals (the food service company provided corrected quotes to Bobby), he said currently meals are $2.40/meal in 2019 the meals will be $2.46/meal, he estimated this to be a difference of $24,000 less on his 2019 budget. He requested $1,366,445 for 2019 for the SEKRCC. Bobby discussed the June 2018 end of the month reports for the SEKRCC; he said at the end of June SEKRCC contractual expenses were at 70% and the SEKRCC commodities were at 78%; both of these line items should be closer to 50%. Jeff discussed that some other counties are operating their jails for less money than Bourbon County. Bobby said that Allen County is supplementing their budget with revenue from out-of-county housing.

Don Doherty met with the Commissioners regarding quoting the health insurance for Bourbon County employees. Don said that beginning September 1^st, companies could quote rates. He said at that point he would go to the market and get the best deal for the County. He said if the County were to leave the State plan the County would likely have to shop for coverage every two years. He said with any policy, the companies want the employees to engage in wellness. Jeff said he understood that with the current policy with the State the rates are stable and competitive with good benefits. Jeff said if the County changed carriers, the employees would have to take more responsibility for their health. Don and Jeff discussed that if the County did not insure through the State plan; then the amount that the County pays towards policies could be less and the employee cost could be more since the County has to pay a percentage of the premiums when insured through the State plan, (currently the County pays more of a percentage than required on the State plan). Don said he would present quotes after September 1^st. The Commissioners gave Don permission to present different optional insurance to County employees during open enrollment.

Becky Cannady called Nick Ruhl to request more speed limit signs on west 2^nd Street near Maple Road; Nick called and reported this to Jim Harris.

Lynne said he received a request from FSCC for gravel for the parking lot at the new dorms (which was previously the Red Ram Motel), Justin Meeks suggested that this could be a inter local in-kind agreement. Lynne made a motion to give Justin Meeks permission to discuss this agreement, Jeff seconded and all approved.

Lynne made a motion to give Justin Meeks permission to contact Bob Farmer regarding issues with the sewer district, Jeff seconded and all approved.

Jeff made a motion that the Commissioners approve and sign the August 7^th, 2018 Primary election results, Nick seconded and all approved and signed the canvassed official 2018 Primary election results.

Justin Meeks reported that he had sent letters to the entities that hadn’t signed the County-wide NRP program.

Justin said he would present the final draft of the employee handbook to the Commissioners.

Lynne made a motion to change the mileage travel Resolution 20-18 to say prior approval from the department head instead of the Commissioners, Nick seconded and all approved. Nick made a motion to approve Resolution 21-18 making this change, Jeff seconded and all approved and signed the Resolution.

Lynne 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, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and Shane Walker). No action was taken.

At 12:07, Lynne made a motion to break for lunch and reconvene at 1:30, Nick seconded and all approved.

The Commissioners continued to work on the 2019 Bourbon County budget.

Mark McCoy met with the Commissioners; he said at the last Commission meeting he attended it didn’t appear that there was a point of order and said there were people all talking at the same time. He said if people can’t hear the message being discussed then they don’t understand. He said that as a community we need to work together in order to run the entities better. Lynne said that the Commissioners received inflated 2019 budgets and that the Commissioners were trying to reduce the budgets so that they do not have to raise the mill levy. Mark said that we have to hold management accountable.

The Commissioners made the following changes to the 2019 budget; Sheriff wages = 541,936, contractual = 72,949, commodities 97,100, debt. Svc = 33,780, c/o = 0 for a grand total of $745,765 for the Sheriff’s budget. SEKRCC wages = 549,608, contractual = 191,668, commodities = 232,806, c/o = 5,000 for a grand total of $979,082 for the SEKRCC budget. County Attorney reducing wages by 15,000. The Commissioners decided to try to keep the mill the same as the 2017 mill levy. The Commissioners will review the 2019 budget again at the next meeting.

Nick made a motion that Lynne sign an agreement between the Bourbon County Health Department and Bourbon County, by signing the agreement, Bourbon County will allow the Health Department access to an area in the Courthouse to hold a press conference if the need ever arises, Jeff seconded and all approved and Lynne signed the agreement.

At 5:19, Nick made a motion to adjourn, Jeff seconded and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Lynne Oharah, Chairman

(ss) Jeff Fischer, Commissioner

(ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

08/28/2018, Approved Date

August 14, 2018 Tuesday 9:00 am

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

Tammy Helm with the Fort Scott Tribune and Nancy Van Etten were also present.

Jim Harris requested that the Commissioners approve a transfer of $100,000 from the Sales Tax fund to the Road & Bridge fund, (this is the 2^nd transfer of the year); Jeff made a motion to approve the transfer, Nick seconded and all approved and signed the transfer.

Jim Harris asked permission to sell a 1990 Ford truck from the Landfill on Purple Wave; Nick gave Jim permission to sell it, Jeff seconded and all approved.

Jim Harris asked permission to sell a 2005 bush hog (that is not being used) on Purple Wave, (and hopefully use the money to buy another truck); Nick made a motion to sell the bush hog on Purple Wave, Lynne seconded and all approved.

Jim Harris presented an agreement between KDOT and BNSF for a crossing with flashing lights to be placed on Fern Road between 250^th & 260^th, Jim said the County is responsible for placing warning signs; Lynne made a motion to approve the contract, Jeff seconded and all approved, and Lynne signed the agreement.

Jeff discussed a letter from Linda Baker requesting that the County not spray chemicals near her property, she has previously requested this, but Jim said he did not relay the message to the new Noxious Weed employee and the employee did spray near her residence. Jim said he has ordered signs to be placed near her residence that state “do not spray weed control”.

Jim Harris presented the annual bridge inspection report from Schwab Eaton; Jim said there are some bridges on the report that have been recommended for a bridge replacement, Jim suggested that more data is collected on these bridges. Jim said there are 14 bridges on the report that need immediate attention, 12 that need rehabilitated and 35 that need replaced. Jim said that any bridge on the list is over 20 feet long. The bridge inspection report will be discussed at a later date.

Joe Dawson reported trees leaning across the road near 190^th south of Hackberry, a soft spot in the road near 190^th and cracks in the road; Jim said he would view these issues.

Lynne made a motion that Jim get prices on directional indicator signs for Timberhill’s and possibly the rock park, Jeff seconded and all approved.

The Commissioners discussed the health insurance quotes they had received, Bill Martin and Ben Cole also were present for this meeting; Lynne said they had inspected the bids presented and the State plan had a large pool, he said sometimes a high loss equals a dramatic increase in rates if you are not insured through the State plan. Jeff said he leases some of his personal property to a tenant and said he got a cheaper introductory rate on the insurance for the 1^st year and then had a 16% increase for the 2^nd year. He said he initially saved money and said he had concerns that changing health insurance could mean the same scenario of an increase in rates after the initial rates. Jeff said one insurance representative said they needed a health profile on all employees to quote and said they look at the employee prescriptions and determine the healthcare costs of that employee based on prescriptions. All of the Commissioners said they were concerned about the introductory rate and then getting hit with an increase. Ben Cole said he had heard concerns from some of the deputies of the high cost of family coverage on the current State plan, Jeff pointed out that if the County wasn’t on the State plan then more of the cost of the insurance could be passed on to the employee. The Commissioners will discuss the insurance again next week. Bill Martin was concerned about the employees being charged additional for their insurance if they do not meet the points to get a discount on their insurance as well as concerned about employees having time to complete their points for the discount.

Justin Meeks discussed the proposed county-wide NRP program; he said they are getting participation from all of the cities in the County. He said the last letters are going to be sent to the entities that haven’t returned a signed letter agreeing to the NRP program. Justin said that appraiser Clint Anderson said the start date for the NRP program could be January 1, 2018. Justin said it could be just the County that participates and not all of the other taxing entities. Nick made a motion that the NRP tax rebate is prior to the completion of construction to signal their desire to participate in the program, Jeff seconded and all approved. Jeff made a motion that Lynne signs the final NRP letters to the entities that haven’t signed the NRP agreement, Nick seconded and all approved.

Justin Meeks discussed the revised employee handbook; he said there will be a major change in the handbook dealing with privacy, he said there is no expectation of privacy and would give the I/T person the ability to track computer usage.

Jeff made a motion to cut a hole for an entry door into what will be the new Commission room on the first floor, Nick seconded and all approved.

Lynne reported that Kevin Rost has said that someone will be onsite at the new jail to cut holes in the walls to get air circulating. He said they are also looking at fire alarms and a power issue there.

Jeff discussed a power point that he had done comparing some Kansas counties budget, staff and population. He said there are a few departments at Bourbon County that are costing more in Bourbon County than they would in other counties of a similar size and valuation.

Lynne made a motion that all of the Commissioners attend the Primary election canvass on August 16^th at 10:00 am, Jeff seconded and all approved.

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

Bobby Reed and Bill Martin met with the Commissioners; Bobby said that there are 2 designated parking spots (the signs designating the parking spots are placed on the building) on the north side of the building to be used for law enforcement, he said that most of the time when they transport inmates to court the parking spaces are being used by others and they aren’t able to park there with the inmates. Jim Harris said he would order signs that state “no parking corrections only” to be placed closer to the parking spaces.

Bobby Reed discussed the water bill at the new jail; he said that the Culligan system is not the issue to the high water bill; he said the City has placed a new meter at the location.

Bill Martin presented a revised 2019 budget; he requested a total of $908,488, or a total of $978,064 (with a 3% increase), $995,525 with 4 additional staff or $1,016,450 (the total with 4 additional staff and a 3% increase).

The Commissioners discussed the 2019 budget; present for a portion of the meeting was Bill Martin, Bobby Reed, Jim Harris, J.T. Heckman and Mark McCoy. Jeff again discussed a power point that he had done comparing 8 other Kansas counties budget, population, valuation, ad valorem and mill rates. Jeff said he felt that the Sheriff & SEKRCC budget was adequately funded in 2018, by comparing the other counties; in 2019 the cost for these services in Bourbon County is much higher than other counties. Jeff said the budgets they presented had a 53% increase and said most other budgets presented minor changes if any. Jeff said their budget request was over the top and suggested that they sit down and refigure their budget. Jeff said the Commissioners previously recognized it was hard for them to keep employees and the Commissioners approved giving raises to help this issue. Bill said they have to provide services for the community and asked how do you provide the services without the funding. Jeff said if the County continues to raise the mill levy then people will not want to stay or locate here. County-wide there is an initial increase of 11 mills; Bill said he wanted to make it clear that they were not asking for a $1,100,000 increase in their budgets. Bobby said he realized that the 2019 budget was more than 2018, but said since they have moved, they are trying to get the utility bills down and weren’t sure what to budget for the new facility since they have only been in the building for 2 months. Bobby questioned if the sales tax fund could pay for some of the operational expenses in the jail. Bill said that during the jail project he thought that they would see a decrease in housing in county inmates and an increase in out of county housing, but said that the in county housing will not go down. Bill questioned if the Commissioners were saying to cut services and said if they didn’t give him the four additional employees they would use what they have, he said cases would not be solved and he would have the citizens come talk to the Commissioners when they questioned their cases not being solved. Lynne said the overtime in the Sheriff’s office has tripled and said this wasn’t a problem in 2015. There was discussion over the inmate food service and the increase in food service expenses. Mark McCoy questioned what the State maximum increase is for raising the budget; Lynne said that when it comes to security there is no limit. Mark said he hears from citizens that they can’t afford tax increases. The Commissioners said they were going to trim the initial budget and not raise the mill levy. Mark stated why would someone move here if we are so highly taxed here; he suggested that everyone needs to find a way to work together so everyone can continue to reside here. Mark suggested that everyone should have a long range plan. Bill Martin said several years ago the Commissioners decreased the mill levy which has created the financial situation that the County is currently in. Jeff suggested that the Landfill user fees pay more expenses there and less from the budget. He said the Bourbon County attorney’s is higher than the standard. The Sheriff budgeted to hire 4 additional staff in 2019; Jeff questioned if we really needed to hire 4 additional staff, Bill said they are taking 1,000 more calls this year and said people want the service, he said there will be an increase in the jail population. Jeff asked Lynne to talk to Paul Ballou at the City of Fort Scott to get a breakdown of calls; Bill said he had this data. Bill said the Sheriff’s department does a lot of calls in the City of Fort Scott as well. Jeff said when the jail project was promoted, it was promoted that it wasn’t going to cost the tax payers any additional money. Bill stated that the sales tax funds part of the expenses, the Commissioners said property taxes fund the rest of their budget.

Shane presented flooring bids for the remodeling of the 1^st floor; Ruddicks bid $17,031.96 and Derailed bid $18,191.12. Lynne made a motion to accept the low bid from Ruddicks, Jeff seconded and all approved.

The Commissioners continued to work on the 2019 budgets.

Lynne made a motion to go into a 3 minute executive session for personnel matters of individual non-elected personnel, Nick seconded and all approved.

At 4:50, Nick made a motion to adjourn, Lynne seconded and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Lynne Oharah, Chairman

(ss) Jeff Fischer, Commissioner

(ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

08/21/2018, Approved Date

July 31, 2018 Tuesday 9:00 am

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

Tammy Helm with the Fort Scott Tribune and Matt Crystal were also present.

Steve Hall a resident of 1127 Yale Road, met with the Commissioners and Jim Harris; he presented pictures of the ditch near his house. He said the County mower is doing a tremendous job, but asked that the County mow the south side of the ditch due to the Johnson and Thistle weeds growing there. He said he realized that the County had many miles of roads, but felt the Johnson grass was getting ready to seed, he said he would do all he could to do to help. Jim said he would get it mowed. He thanked the Commissioners for their time.

Jim Harris said they had the 1^st inspection at the Shephard’s Quarry, he said it went well and that they are crushing rock there. He said there was clay in the 1^st blast.

Jim said they are patching in the Northwest part of the County and will be making different size of chips. He said they are mowing and hauling gravel. Jim said they completed the road work in Uniontown and said the Mayor of Uniontown thanked the Commissioners for the work done there.

Jim said they are slowly ordering salt from Hutchinson to replenish the stock pile.

Jeff Fischer presented a KDOT power point discussing Road & Bridge; items discussed were “how do we compare with like counties, are we the right size, are we efficient with our efforts and are we sufficiently funded?” Bourbon County is in District 4, Bourbon County valuation and budget is comparable to Elk, Woodson, Greenwood, Anderson and Wilson County. The 2016 SE KAN summary of County Engineers annual report said that Bourbon County valuation was $98,004,248 with a road budget of $2,355,812, the spending per mile was $24,038. The report stated that in 2016 the population for Bourbon County was 14,712, an annual budget of $2,355,812 and the population per mile was 15. The 2016 maintenance cost for Bourbon County for hard surface was $750,000 (for 10 miles done of chip/seal and 5 miles of overlaying) gravel cost was $800,000 (500 miles of gravel) which broke down to $1,600 for the cost of gravel per gravel mile. Bourbon County cost per mile was within $300 of the lowest cost reported by County per mile. Jeff questioned which County Bourbon County should benchmark against; he questioned if Bourbon County Road & Bridge was sufficiently funded. Bourbon County has 5 more employees than the average Road & Bridge departments compared, but this difference could be due to employees reported at the Landfill. Jeff suggested that the report shows that Bourbon County is doing very well in many areas. The Commissioners discussed the good work that the Road & Bridge department has done.

Jim Harris said he would be meeting with Schwab Eaton demanding that he get the annual bridge inspection report.

Nick asked Jim to view some signs that were down near Fort Scott Livestock.

Jim reported that crews had put gravel down on 265^th off of 54 Highway.

Lynne made a motion to allow the Commissioners to attend the candidate forum on July 31^st at 6 pm at the FSHS, Nick seconded and all approved.

Lynne made a motion to go into a 10 minute executive session for personnel matters of individual non-elected personnel, Jeff seconded and all approved, (the session included the Commissioners, Clint Anderson and Justin Meeks). After the session, Lynne made a motion that Jeff work with HR regarding a non-elected employee, Nick seconded and all approved.

Lynne made a motion to go into a 30 minute executive session for matters relating to employer-employee negotiations whether or not in consultation with the representative of the body or agency, Jeff seconded and all approved, (the session included the Commissioners, Justin Meeks and Jody Hoener). No action was taken.

Lynne made a motion to go into a 10 minute executive session for matters relating to employer-employee negotiations whether or not in consultation with the representative of the body or agency, Jeff seconded and all approved, (the session included the Commissioners, Justin Meeks and Jody Hoener). No action was taken.

The Commissioners discussed the planned moving of the 2^nd floor offices to the 1^st floor and moving the Attorneys office into the 2^nd floor of the Courthouse. The Commissioners said they have decided that the stored documents that are currently in the County Attorneys office will be moved to where the Treasurers office is on the 2^nd floor. Nick made a motion to give Jeff permission to talk to Jacqie Spradling, Shane Walker and the other department heads involved in the move regarding the timeline and the plan, Lynne seconded and all approved. The Commissioners stated that they plan on the 2^nd floor being moved to the 1^st floor by October 1^st, 2018.

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

Bobby Reed, Bill Martin and Ben Cole met with the Commissioners to present the 2019 budgets; for SEKRCC, Bobby requested $662,033.66 for wages (including holiday and overtime pay), for contractual he requested $371,668.00, for commodities he requested $283,243.00 and for capital outlay he requested $73,000.00 (this amount is for a 11 passenger transport van designed for inmate transportation and a Garrett portable metal detector) with a grand total requested of $1,389,944.66 (without the cost of benefits, or $1,655,239.66 with employee benefits). Bobby budgeted for out of county housing, but said they hope to not use, but said they may have to house out of county because inmates can’t always be housed together. Bobby said if an inmate has medical bills while incarcerated, the medical expenses are sent to the County Attorney so that they can try to recoup some of the medical expenses. Bobby said they are housing some inmates from Allen County. Bill said he didn’t feel there was more crime in Bourbon County however; he felt in years past more people were placed on probation and now some people are violating their probation. Bill said Bourbon County has a very aggressive County Attorney. For the 2018 budget the SEKRCC received a total of $890,333.

For the 2019 Sheriff’s budget Bill requested the following; $678,244.00 for wages (with no additional staff), $136,600.00 for contractual (with no additional staff), $121,100.00 for Commodities (with no additional staff) and $45,480 for Capital Outlay or… a budget with 4 additional deputies (deputy/detective, SRO – pending grant, and 2 deputies) for a grand total of $1,068,462. For the 2018 budget the Sheriff’s department received a total of $712,153. Bill said the reason the wages are up is due to the pay raise given in 2018. Bill said he had told USD 235 to form a board and meet with the Commissioners regarding a SRO officer in USD 235 and the financial help USD 235 can offer towards a SRO. Bill said the Sheriff’s department will need vehicles, since several are 5 years old. Bill suggested that the money the County received from Briggs Automotive for the fence and land (approximately $80,000) could be used to assist in purchasing some of the vehicles.

At 3:49, Lynne made a motion to adjourn, Jeff seconded and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Lynne Oharah, Chairman

(ss) Jeff Fischer, Commissioner

(ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

08/14/2018, Approved Date

July 24, 2018 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 Matt Crystal were also present for a portion of the meeting.

Jim Harris reported that there were 330 vehicles that dumped during the recent free dump days at the Landfill. The Commissioners complimented the operations at the Landfill. The upgrades made to the Landfill are being paid for through dump fees; Lynne said he hopes to pay the Landfill off early. Jim said they will be upgrading a camera at the Landfill; he said they turned a customer away at the Landfill and a while later there was furniture dumped in the ditch (but was unsure of who dumped the debris).

Jim said they plan to start overlaying in Uniontown on Wednesday.

Jim said they had been using the pothole patching machine near the airport and near Hiatville. Matt Crystal questioned what size of aggregate is being used in the pothole machine; Jim said the size they can use varies. The Commissioners said Yale Road has potholes that need fixed.

Jim and the Commissioners discussed the cost of road equipment and the debt that the County has incurred in the past for the equipment.

Jim reported they are mowing and hauling gravel around the County. He said the new Noxious Weed employee is doing a good job.

Lynne asked that Jim look at the condition of Limestone and 55^th.

Lynne discussed the re-striping of the road in front of USD 235; Jim said he would discuss this with USD 235 employee Jeff Reed.

Cheryl Adamson came to listen to a portion of the meeting.

Nick discussed the low water crossing at 245^th & Range Road, he said the County has 3 options; option 1. Concrete $15,000 plus the cost of steel, option 2. 5 – 72” aluminum pipes for $12,500 or option 3. 72” steel pipes for $34,000 (which could be a 100 year fix). Jim said engineer Frank Young approved all three options. Nick made a motion to give Jim the authority to fix the bridge with the 72” steel pipes for $34,000, Jeff seconded and all approved. Jeff questioned when they would be having a work session; Jim said he is still waiting on reports from Schwab Eaton before having a work session. Jim said this will be paid for out of Bridge & Culvert fund and that this will be the only major bridge that the County will do this year.

Lynne said that Paul Snyder thanked Jim for the work done.

Jim Harris reported that Woods Cemetery near Redfield needed minimal work from the County; Lynne made a motion to give Jim the authority to do the work needed in the Cemetery, Jeff seconded and all approved.

Justin Meeks arrived at the meeting.

Nick asked that Jim call David Shadden regarding a field entrance.

Jim said that the City of Uniontown in renting a plainer for work that the County will be doing in Uniontown.

Justin Meeks asked that Jim call Michelle Sharp regarding a bridge that had been fixed.

Lynne made a motion that all three Commissioners may be attending a public hearing on July 30^th at 4:00 pm at the City Hall regarding the proposed improvements at the Fort Scott Municipal Airport, Jeff seconded and all approved.

Justin Meeks discussed the proposed walking trail near the industrial park; he said one landowner may have an issue with the location of the route of the trail, but said there are 2 other alternative locations to reroute around this landowner and said the other options would require additional supplies to create something to block vehicles.

Justin Meeks discussed the proposed County-wide NRP program; he said he will be meeting with the City of Fulton; he said that the City of Mapleton did not have a quorum at their last meeting to discuss NRP. Justin said he felt the NRP program is needed for future growth. Justin said there are numerous townships and cemeteries that he has not received an adopted NRP from. Justin will be attending the Township budget hearings to discuss the NRP program.

Shane Walker presented bids from contractors regarding work being done on the first floor to move the 2^nd floor offices to the 1^st floor. For electrical; Jeff Allen bid $3,162 and Brock Electric bid $3,569. For contractors work, Central States bid $26,595 (they could start as early as 2 weeks and be completed in 2-3 weeks) and Great Expectations bid $26,452 (they said they could start in September and it would take 3-4 weeks to complete). Shane said he is still trying to get flooring quotes from Derailed Commodities and from Pittsburg Interiors.

Lynne made a motion to go into a 20 minute executive session for personnel matters of individual non-elected personnel, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and Shane Walker). No action was taken.

Lynne 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, Jeff seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

KSN TV interviewed the Commissioners regarding the remodeling of the old jail and the Landfill.

The Commissioners went to lunch at 11:55 and reconvened at 1:30.

The Commissioners continued to work on the 2019 budget.

Jeff made a motion to go into a 10 minute executive session for personnel matters of individual non-elected personnel, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and Kendell Mason). No action was taken.

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

Nick made a motion to accept the bid from Central States for $26,595 and the bid from Jeff Allen for $3,162 to remodel the old jail, Jeff seconded and all approved. Jeff suggested that there be start and completion date added to the contract. Nick said he selected Central States due to the fact that they can start the project earlier than Great Expectations.

Nick made a motion to give Lynne the authority to attend a meeting on July 25^th at Hidden Valley regarding tax sale properties, Jeff seconded and all approved.

At 4:21, Jeff made a motion to adjourn, Nick seconded and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Lynne Oharah, Chairman

(ss) Jeff Fischer, Commissioner

(ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

07/31/2018, Approved Date

July 17, 2018 Tuesday 9:00 am

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

Jim Harris said they are mowing around the County. He said they are using the newly purchased pothole patching machine near Fort Scott Lake and will be working in other areas west of this. Lynne reported potholes near 125^th & Yale Road.

Jim said they are hauling gravel from the Thomas Quarry and crushing at the Shepherds Quarry. Jeff suggested that 265^th could use some clay on the road.

Jim Harris said he would contact Schwab Eaton requesting the annual bridge inspection report.

Lynne said a Uniontown resident suggested that the County offer one free dump day/year for County taxpayers to help keep the County clean and the trash out of the ditches. No decision was made on this option.

Lynne discussed a $3,800 part that attaches to the motor grader that is a 12’ magnet that picks up metal. Jeff made a motion that Lynne and Jim go to Wichita to view a demonstration of this equipment, Nick seconded and all approved.

Lynne said a resident questioned if the County would be smoothing out the driveways on 230^th where the County did work; Jim said yes.

Jim Harris said they would be repairing retention ponds near the Landfill by putting a pipe back in that at sometime was removed.

There was discussion over the nice appearance of the Transfer Station; Jim said this is a result of the employees there.

Jeff suggested that Jim put an apron on the edge of the asphalt to preserve the newly paved asphalt on Native Road near the Landfill.

Lynne discussed a portion of the USD 235 school district that is not in the city limits; Lynne said that when the County was doing the 1” overlay in the area, they should’ve continued on Maple Road by the portion of the school that is not in the City limits. Lynne made a motion that Jim gets a cost to do Maple Road in front of USD 235, Nick seconded and all approved. The motion was amended to the following motion; Lynne made a motion to proceed with repairing the portion Maple Road in front of USD 235 that is not in the city limits, Jeff seconded and all approved.

David Duffy with Marmaton Township met with the Commissioners; he said that Woods cemetery is expanding for more lots and requested that the County re-establish an access road for the new lots; the Commissioners asked Jim to estimate a cost to do this road.

Jeff Fischer discussed the long hauling distance for gravel; he discussed viewing the timecards to see where the County has been hauling rock and questioned if there was a way to report this information; Jim said this data is available.

Jeff complimented Jim on a speed limit sign that was fixed on Kansas Road.

Jeff said he visited with a resident that the County had used the sign arm mower on their trees; Jeff suggested that the operator think twice on using the side arm mower in an area where the residents are maintaining the ditches.

Jim reported that it is free dump day for County residents at the Landfill on July 20^th & July 21^st. Call 223-5773 with any questions.

There was a discussion over a request for a coroner payment for a deceased out-of-county resident; Jeff questioned if the residents’ insurance should reimburse the County for this expense or questioned if there was a way for the County to recover these costs.

Justin Meeks said that Lynne had asked him to find out how many law officers are needed in the city; Justin said the national average is 1 officer to 580 people. Justin said the City has 13 patrol officers which is 1/468 people.

Justin said he will be attending a meeting regarding the walking trail at the industrial park.

Justin said that he has met with the title company doing work for the tax sale; he said they are trying to do 10 properties/week and said there are approximately 300 properties total.

Justin said that USD 346 is considering participating in the County-wide NRP program.

Lynne will be attending a meeting regarding the Landbank on July 25^th at 1:00.

Lynne made a motion to approve Resolution 19-18, a wage resolution adding the Deputy County Appraiser position, Nick seconded and all approved and signed the resolution.

Lynne made a motion to approve Resolution 20-18, a resolution changing the mileage rate to 54.5 cents/mile, Nick seconded and all approved and signed the resolution.

At 12:14, Nick made a motion to break for lunch and reconvene at 1:30, Jeff seconded and all approved.

P1 Group Inc. representatives Pat Curnow and Tim Mense met with the Commissioners. P1 Group previously did an energy audit on the Courthouse and plan to re-evaluate the master plan they previously did with today’s pricing. After re-evaluating the master plan they could do an investment grade audit. The Commissioners said Shane Walker and David Neville would be the contact regarding the buildings. They said they could do retro-commissioning (which is a billable service, but said they would need drawings of the building) at the new jail by looking at the design of the building and equipment to figure out why the cooling system isn’t doing what it was designed to do at the new jail. The Commissioners questioned if there would be a benefit of going solar at both the Courthouse and new jail. P1 said they could bring a company in to do a walk through to establish a scope and get some numbers together. They said some utility companies offer rebates for solar.

Jim Harris reported to the Commissioners that he had received a phone call from the new jail requesting that Road & Bridge put fuel in the generator; Jim said they put 190 gallons of fuel in the generator and would bill the jail for the cost of the fuel.

Jim Harris and the Commissioners again discussed the possible voucher system for 1 free dumping at the Landfill when the tags are renewed; Jim said he felt that this could be easy to administer with the Treasurers Offices help. Nick made a motion to move forward with the voucher system and that Jeff Fischer help with the concept and creating the documents to be administered with tag renewals, Lynne seconded and all approved. The Commissioners will discuss this again next week.

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, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and Jim Harris). After the session, Jeff made a motion that Lynne and Jim meet with Larry Jurgensen regarding the request for road work inside the city limits of Uniontown, Nick seconded and all approved.

Lynne made a motion that all of the Commissioners attend a meeting at the new jail on July 18^th @ 10:00 am, Nick seconded and all approved.

The Commissioners worked on some of the 2019 budgets. Mark McCoy was present during this portion of the meeting.

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

At 4:10, Nick made a motion to adjourn, Jeff seconded and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Lynne Oharah, Chairman

(ss) Jeff Fischer, Commissioner

(ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

07/24/2018, Approved Date

July 10, 2018 Tuesday 9:00 am

The Bourbon County Commission met with all three Commissioners, the County Counselor and the County Clerk present.

Nancy Van Etten and Matt Crystal were also present for a portion of the meeting in the morning.

Jim Harris said they are demonstrating the pothole patching machine on a road near the KOA Campground; Jim said the machine is very efficient.

Jim reported they are crushing at the Shepherds Quarry and will be making chips at both the Beth and Thomas Quarry. He said they are mowing and hauling gravel.

Lynne asked Jim to view the road near 55^th & Quail Road going east.

Jim said they rocked the road near Timberhill; he said this is a public road, but has seen the gate closed there several times.

Jeff said Betty Hall requested mowing in an area on Walburn; there was discussion over whether this is a County or City road.

Lynne reported that Larry Jurgensen with the City of Uniontown requested that the corner by the fire station be smoothed out; he said the City of Uniontown will pay for this. Jim said he would view this area report back to the Commissioners.

Jim Harris reported that he had loaned the Bomag Reclaimer to the City of Fort Scott.

Jim said they cleaned a ditch where the water was backing up at 7 & 54 Highway.

Jim said they are still waiting on the bridge report from Schwab Eaton.

Jim reported that they have completed culverts at two locations near the State Line; he said they have one left to do.

Jim Harris said they are waiting to spend money on the shipping container to be used for weed chemical storage at the Road & Bridge barn until he sees the June month end financial reports. He said the new Noxious Weed employee will start spraying chemicals this week.

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

Jim said they are received 2-4 loads of soybean husks at the Landfill each week.

Lynne said the low water crossing on 65 Highway between 75^th & 85^thneeds work.

Lynne said he has talked to Kevin Rost with The Goldberg Group regarding the air conditioning issues at the new jail; Lynne said he felt that someone needs to be on-site at the jail until the problem is solved.

Max Fanning met with the Commissioners; he said he read about the possible data center at the old jail in the newspaper; he said there is a resident in Fort Scott who has knowledge in this field. Jeff asked that Max have this person contact him.

Jan & Dan Laughlin met with the Commissioners requesting dust control; the Commissioners asked them to meet with the Road & Bridge department.

Jeff made a motion to go into a 15 minute executive session for personnel matters of individual non-elected personnel, Nick seconded and all approved, (the session included the Commissioners, Bill Martin, Ben Cole, Justin Meeks and Kendell Mason). After the session, Lynne gave Justin permission to research an hourly pay issue.

Treasurer Patty Love met with the Commissioners to present her 2019 budget; she requested $111,385, in 2018 she received $107,645. Patty said the increase is due to publication costs going up 15%. Patty did request a raise for her employees.

Patty Love discussed the proposed KIOSK idea the Commissioners had mentioned for the 1^st floor of the Courthouse. Patty said the Johnson County Treasurers office is the only county in Kansas using a KIOSK. Johnson County said they didn’t think a KIOSK would be effective for Bourbon County. Patty said she didn’t think the KIOSK would get enough use in Bourbon County and said she didn’t think she could reduce staff if a KIOSK was put in place in Bourbon County, she said Bourbon County doesn’t have a high enough volume to justify a KIOSK. Patty said if someone is taking the time to come to the Courthouse they weren’t going to use a KIOSK versus meeting with an employee for help. Patty said there are already functions in place that can be done on-line such as, paying taxes on line. Justin Meeks said a KIOSK could provide maps, deeds and allow for paying taxes. The Commissioners said a KIOSK is not part of the initial plan when the offices move from the 2^nd floor to the 1^st floor. Patty Love said in the future it would be nice to be included in any discussions that involve her office; she said if the Commissioners want any information regarding the Treasurers office, she would be happy to get that for them.

At 10:30, Lynne made a motion that the Commissioners meet Jim Harris by the KOA Campground to view the pothole patching machine working, and to reconvene at 11:30, Nick seconded and all approved. The Commissioners arrived back at 11:15, Nick made a motion to amend the time to reconvene to 11:15, Lynne seconded and all approved.

Lynne made a motion that Jeff Fischer be on the board for the Landbank, Nick seconded and the motion passed.

Jeff made a motion to approve the purchase of a refurbished patching machine from Total Patcher for $45,000 to be paid for out of the Sales Tax fund, Nick seconded and all approved.

At 12:04, Lynne made a motion to break for lunch and reconvene at 1:30, Nick seconded and all approved.

Mark McCoy met with the Commissioners; he questioned the digging that was being done on the west side of Jayhawk Road, the Commissioners said it was probably sub-contractors working for Craw-Kan who is installing fiber. The Commissioners said they hope to have a data center in the old jail space in the future. Mr. McCoy said he was a member of the Visioning Committee; he suggested that entities should meet and discuss the possibility of reducing, saving expenses and prevent costs from going up. He felt the entities should work together to explore, inform, educate and learn how to save money for future advancement and minimal cost.

Tom Brink who does consulting met with the Commissioners; he has worked for various entities including Verizon and the Kauffman Foundation and said he had done over $1 billion dollars of work on data centers. The Commissioners told him that Craw-Kan will be locating equipment in the old jail and told Mr. Brink that they would like some direction on generating revenue from the space at the old jail by having a data center. Nick made a motion that Jeff Fischer, Justin Meeks and Shane Walker meet with Tom Brink regarding the pre-planning of the data center, Lynne seconded and all approved.

Patty Love met with the Commissioners. Lynne asked Patty if fund 247 (the Sheriff’s Forfeiture Fund) has ever been audited; Patty said it wasn’t audited in 2017, Patty said she called Terry Sercer and told him that he needed to audit the fund.

Lynne 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, Jeff seconded and all approved, (the session included the Commissioners and Justin Meeks). After the session Lynne asked Kendell to contact Rhonda Cole to inquire if there were any court ordered forfeitures made to Bourbon County prior to January 1, 2016.

The Commissioners met with David Neville; they said they had given Shane Walker the ability to handle everything on the old jail project, they said that Brock Electric had done a lot of work in the County, David said that Brock Electric knows this place and does do a lot of work for us. Nick said other contractors had questioned why they weren’t getting any of the electrical work for the County.

David Neville told the Commissioners that it may be possible for the County to haul their own trash verses using a company.

At 4:32, Nick made a motion to adjourn, Jeff seconded and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Lynne Oharah, Chairman

(ss) Jeff Fischer, Commissioner

(ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

07/17/2018, Approved Date

July 3^rd, 2018 Tuesday 9:00 am

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

Jim Harris reported they have finished the asphalt season. He said they are mulching, hauling gravel and mowing.

Jim said the patching machine will be in the County on July 9^th; he said they will start training on the machine on Tuesday and will start near KOA. Jeff said he received a call from a resident that suggested they use the pothole patching machine on 245^th South of Indian Road.

The Commissioners said residents were questioning when the low water crossing on 245^th would be open; Jim said the concrete slab had deteriorated and said once the County received the bridge report back they would need to prioritize the bridges that need maintenance.

Jim said they would be chip and sealing the streets in Bronson; Jim said the City of Bronson will pay for cost of the oil and the chips. Jeff questioned if the City of Bronson should be reimbursing the County for the cost of manpower and equipment usage. There was discussion over possibly having an inter local agreement by trading services verses charging for manpower and equipment.

Jeff reported that the ditches need cleared on Hackberry.

Nick reported that the road near 260-265^th & Limestone needs maintained.

Lynne reported that the corner from Valley Road to 130^th needs gravel and graded.

Jim received trash quotes from 4-States and Linn’s for the following: at the Courthouse a 6 yard dumpster pick-up 3 times a week, at Public Works a 4 yard dumpster with pick-up 1 time a week and for Elm Creek a dumpster with pick-up one time a week during the summer and then twice a month. 4-State Sanitation bid $4,302.05 a year and Linn’s Sanitation bid $4,500.00; Jeff made a motion to accept the bid 4-State for trash services for one year, Nick seconded and all approved.

Gaylen Garrison with Family Heritage Insurance met with the Commissioners; he said Family Heritage offers supplemental insurance policies and that he wasn’t here to replace current policies. He said once someone enrolls in a Family Heritage policy, the rates always stay the same, the benefits never go down. He said their policies do not go through payroll and are portable. He said some policies if they aren’t used then they return the premiums. Jeff made a motion to allow Family Heritage participate in open enrollment for supplemental policies, Nick seconded and all approved.

Michelle Sharp met with the Commissioners; she questioned why the road was closed at 240^th & Maple Road and reported potholes on 240^th between the railroad tracks and Maple Road off of Maple onto 240^th. Lynne said he would report these issues to Jim Harris.

Mrs. Ramsey reported road ditching problems and presented pictures of 55^th & Limestone Road; Lynne said the County needs to do some ditching in this area and said he would discuss this with Jim Harris.

Appraiser, Clint Anderson met with the Commissioners; he wants to hire an additional person for his office as the Deputy County Appraiser. He presented a job description for this position. He said this is a more skilled position that he needs someone that can function in the more abstract function of the appraisal process. He said this position could supply the County with future benefits, he said he really thinks in the long run, (due to appraisal issues at risk, he said there isn’t enough of him to go around) it would be a wash cost-wise to the County. Clint said his 2018 budget can support this position this year. Lynne made a motion to go into a 5 minute executive session for personnel matters of individual non-elected personnel, Jeff seconded and all approved, (the session included the Commissioners, Justin Meeks, Clint Anderson and Kendell Mason). Jeff made a motion to create a Deputy County Appraiser position, a salaried, exempt position, with the standard County sick and vacation leave benefits, a minimum of 40 hours a week, the probationary period & 10% reduction in wages will be waived for this position and the pay range will be between $33,000-$35,000 annually, Nick seconded and all approved.

At 11:45, Lynne made a motion to break for lunch and reconvene at 1:30, Nick seconded and all approved.

Clifton Beth met with the Commissioners; he discussed the bridge at 215^th & Wagon Road, he questioned if the Commissioner had received the bridge inspection report yet, the Commissioners haven’t received it. He was not in favor of spending $1 million to replace the bridge.

Jeff made a motion to go into a 10 minute executive session for personnel matters of individual non-elected personnel, Nick seconded and all approved, (the session included the Commissioners, Jacqie Spradling, Justin Meeks and Kendell Mason). No action was taken.

Lynne made a motion to go into a 5 minute executive session for personnel matters of individual non-elected personnel, Nick seconded and all approved, (the session included the Commissioners. No action was taken. After the session, the Commissioners asked that the Attorney’s office hourly staff start monitoring their hours and then the Commissioners will discuss the possibility of moving the hourly employees to salaried in 3-6 months.

Shane Walker presented the 2019 budget for IT; he requested a total of $182,491.

Shane Walker discussed the moving of the offices from the 2^nd floor of the Courthouse to the 1^st floor, where the old Sheriff & SEKRCC offices were. He suggested putting the Drivers License in the current Attorney building at 108 W. 2^nd.

Shane Walker said he had talked to the engineer at the new jail; he said the engineer said he had no clue about the issues at the jail, but said he new of a minor heat/air issue there.

At 3:42, Nick made a motion to adjourn, Jeff seconded and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Lynne Oharah, Chairman

(ss) Jeff Fischer, Commissioner

(ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

07/10/2018, Approved Date

June 28, 2018 Thursday 8:30 am

The Bourbon County Commission held a special meeting with the Bourbon County Attorney, Jacqie Spradling.

The County Clerk, Kendell Mason and Tammy Helm with the Fort Scott Tribune was also present.

Lynne 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, Nick seconded and all approved, (the session included the Commissioners and Justin Meeks). After the session, Justin Meeks said he was requested to write a letter to give notice to the SEK Regional Juvenile Detention Center to notify them that effective January 1, 2019 the County would withdraw from a 1992 contract, however; Nick made a motion to change the letter to stay in the contract until July 1, 2019 and then will be opting out with an effective date of January 1, 2020 of the contract unless changes are made to the contract to include a daily rate or a reduction in the monthly rate, Lynne seconded, Jeff abstained from the vote.

Lynne said the County is now spending $10,029/month for the Juvenile Detention Center Contract and said that there will be changes in the laws regarding housing juveniles which could cause a reduction in participation of Counties using the SEK Regional Juvenile Detention Center facility. However, if the County quits using the facility and someone needs care its unsure where the juveniles will be placed.

Nick said it scares him to withdraw from the contract; he said one situation of a juvenile needing housing could break the County if the County gets out of the contract.

Lynne said if the County gets out of the contract, then the County will set aside the money budgeted for juvenile housing to cover the cost if a juvenile needs care.

Justin Meeks wrote a letter for the Commissioners to sign requesting a change in the SEK Regional Juvenile Detention Center rates; Nick made a motion to sign the letter, Jeff seconded, all approved and all signed the letter. Justin planned to hand deliver the letter.

At 10:20 am, Nick made a motion to adjourn, Jeff seconded and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Lynne Oharah, Chairman

(ss) Jeff Fischer, Commissioner

(ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

07/24/2018, Approved Date

June 26, 2018 Tuesday 9:00 am

The Bourbon County Commission met in open session with Commissioners Oharah and Ruhl present and Commissioner Fischer present by phone, as well as the County Counselor and the County Clerk present.

Tammy Helm with the Fort Scott Tribune was also present.

Jim Harris reported that they are working on overlaying 1” on the west lake road and should be done there late Wednesday. He said they will then be moving the equipment to 205^th to overlay there. Jim said he would like to have money left in the 2018 budget to help purchase a used paver.

Jim said there was a surprise inspection report by KDHE at the Landfill; he said there were zero violations; Jim said the crew there does a good job.

Jim said a dozer will need $20,000-$25,000 in maintenance in 2019.

Jim said they are trimming on 130^th.

Jim suggested that they have a work session in the next few weeks to discuss low water crossings; he said they should have the bridge inspection report by the end of this week.

Jim said the patching machine should be in Bourbon County on July 9^th.

There will be free dump days at the Landfill on July 20^th & July 21^st; residents may call (620)223-5773 with any questions.

Jim Harris reported that Josh Lawrence was promoted to the Noxious Weed director position and that another employee had left he asked permission to replace the 2 existing vacant positions (a truck driver and an assistant sign employee), Nick made a motion to allow Jim to hire two replacement employees, Jeff seconded and all approved.

Jeff asked Jim to contact Craw-Kan about the County trimming ahead of the Craw-Kan installation.

The Commissioners asked Jim to remove the outside fence around the south and west side of the old jail.

The Commissioners advertised to take bids for the mowable 2018 hay at Elm Creek Lake as well as approximately 225^th & Native Road; only one bid was submitted by Dakota Wiley for Elm Creek Lake for $1,800; Nick made a motion to accept the $1,800 bid from Dakota Wiley for Elm Creek Lake, Jeff seconded and all approved.

The Commissioners advertised to take bids for trash service and dumpsters at the Courthouse, Public Works, Elm Creek and the Noxious Weed building in Uniontown; however, no bids were received. The Commissioners asked Jim Harris to contact 4-State and Linn’s Sanitation to get price quotes on the trash service and dumpsters and asked that the Noxious Weed dispose of their own trash and that Jim contact WCA and have them pick up the dumpster at the Noxious Weed building.

Lynne told Jim that there was a stop sign down at 115^th & Poplar Road.

Justin Meeks said he wanted to follow up with a request from Appraiser Clint Anderson; Justin said that Clint requested additional funds to hire a Deputy County Appraiser, which would pay $10,240 additional annually to what he pays a field supervisor; the pay would be an estimated $37,675/year. Clint said he could fund the increase for 2018, but would need additional money for future budgets to cover the wages. Lynne said once again they were discussing wages, unemployment and services that the County is required to provide. Lynne said if this position was created it would be a management position and said it is difficult to fill County Appraiser positions; Justin said the intent is that at some point the person that is hired for this position would become the Bourbon County Appraiser. The Commissioners said that Clint is struggling to produce the data for the State and appraising property correctly and said he needs the help to catch up on the data he needs. The Commissioners said they need a job description and whether this position would be hourly or salary before making a decision on creating the position. All of the Commissioners said they were in favor or providing the Appraiser the resources he needs to get the job done.

Nick made a motion to give Justin Meeks the authority to spend up to $1,000 for office equipment for the Commissioners at an upcoming school auction, Jeff seconded and all approved. Lynne made a motion to give Jeff permission to help move any of the auction purchases that Justin makes for the County, Nick seconded and all approved.

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

Nathan Fawson and Joe from Southeast Kansas Mental Health Center (SEKMHC) met with the Commissioners to present their 2019 budget. Also present were Ben Cole and Bill Martin. SEKMHC requested $95,000 in mill levy support for 2019; in 2018 they were granted $70,000. Mr. Fawson said that in 2015 the State Hospital reduction in bed count put a strain on the services they provide and caused delays in services they offer. He said that the State has began to increase the bed count, but isn’t up to what it was when it was reduced. Mental Health offers 24/7 crisis services, psychiatry, psychotherapy, chemical abuse treatment, an array of community based services, and integrated care management and treatment coordination. They can offer outpatient help verses being institutionalized. They welcome feedback from the community in ways they can better serve the needs. Through grants SEKMHC have been able to offer therapy and case workers in schools in Allen County. They said the next step for Bourbon County schools is to meet with the schools and explore their needs and how they can meet those needs. Ben questioned if they see more mental illness cases in adults or children; Mr. Fawson said both.

State Employee Health Plan representative Jennifer Flory held a conference call with the Commissioners to discuss the State Health Insurance Plan for 2019. Ben Cole and Bill Martin were also present for this call. Delta Dental and Surency Vision were both recently awarded a 3 year contract with the State. Dental is now a stand alone option for employees, (an employee could put a family member on dental and not on health if they choose). There are no other changes in benefits offered in 2019. NueSynergy will be the company used for HSA’s and HRA’s. They offer 5 different health plans as well as Telehealth, a wellness program, employee assistance programs offering attorney, mental health and financial counseling, as well as long term care insurance. The State has a pool of 95,000 people. The State insurance will see an increase of 3.3% in 2019. The Commissioners will discuss the Health insurance again on August 14^th.

Nick made a motion to have a special meeting with the County Attorney on Thursday June 28^th at 8:30 am, Jeff seconded and all approved.

Mary Pemberton met with the Commissioners regarding a recent Tribune newspaper article discussing a KORA incident. Mrs. Pemberton said the article was upsetting to her. She said she noticed several red flags when reading the article. She said when reading the article she felt that Shane Walker had an impression that he did anything wrong when presenting the information that was requested. She said the KORA request was not handled correctly and presented the following data regarding the newspaper article and the KORA request…

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

City of Fort Scott employee Rachel Pruitt met with the Commissioners regarding the Fort Scott Airport; she said they will be holding a public hearing on July 30^th at 4:00 pm regarding an environmental assessment of the airport expansion. She said there is a new Federal grant money available beginning in July of 2018. This is a 100% grant, but said in order to apply for the grant money, the City needs to complete an environmental assessment. Mrs. Pruitt said the City would need a written agreement from the County saying that once a new access road was built the County would permanently close down a portion of Indian road for the airport expansion. She said she would like the building of the road to be a shared cost between the City and the County. She is to present a letter for consideration. No decision was made on the road.

At 3:49, Nick made a motion to adjourn, Lynne seconded and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Lynne Oharah, Chairman

(ss) Jeff Fischer, Commissioner

(ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

07/03/2018, Approved Date

June 19, 2018 Tuesday 9:00 am

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

Tammy Helm with the Fort Scott Tribune was also present.

Harold Coleman met with the Commissioners; he reported a pothole at 235^th & Soldier approximately 100 yards to the East and another one approximately ½ mile east of this.

Lynne said he had a call reporting a problem with a low water crossing at 245^th & Range Road; Jim Harris said this low water crossing has been barricaded and a water survey is being conducted. Jim said the low water crossing will have to be replaced.

Lynne said he received a call reporting that Paveys Ford needs some work done, and said it is getting rough.

There was discussion over other crossings that need work. Jim said they were going to have to make some important decisions regarding crossings on how or what to repair.

Jim Harris reported that a section of Eagle Road was completed; Jeff said citizens had expressed their satisfaction with the road.

Jim said he received a request to do a 2” leveling course 205^th North up the hill off of 54 Highway. He also discussed doing a 1” leveling course on the West Lake Road. After discussion; Lynne made a motion to do a 2” overlay on 205^th from 54 Highway to Native Road and do a 1” leveling course between Indian and Hackberry (“the West Lake Road”), Jeff seconded and all approved.

Nick reported an issue with the railroad tracks on Poplar Road; Jim said this is an issue for the Railroad and said he would report this to the road master.

Jim said he is interviewing in-house for the noxious weed position. Jim said they have renewed the license and the County can sell chemicals. Jim said they are looking at a container for the Public Works building to sell chemicals there as well; he said he will be working with Will Wallis and will meet with the Fire Chief as well regarding the chemicals.

Lynne received a thank you from Michael Lunson for the gravel that the County placed in the drive at the Maple Grove Cemetery. He suggested possibly grading the roads less often.

Justin Meeks reported a thank you from a citizen for the trees cut and ditches cleaned near Indian Road.

Nick reported to Jim that there is a plugged culvert at 799 & 180^th at the north drive. Nick asked that the trees be trimmed and the brush mowed on Hackberry going to the Lake.

Jeff questioned as part of economic development if the County should coordinate with Craw-Kan and the County do the clean-up ahead of Craw-Kan who is doing the fiber installation. Jim said he would work with Craw-Kan employee Bobby Guilfoyle regarding this matter.

Lynne made a motion to go into a 3 minute for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and Jim Harris). No action was taken.

Lynne discussed the sales tax revenue from the jail sales tax; he said it has been a consistent $56,000-$71,000/month. Lynne estimated by 12/31/2018 there would be $490,000 reserve, he said this is not surplus, but estimated the surplus to be $140,000. Lynne said the County needed a years worth of reserve of approximately $574,000 (to cover the payments). The Commissioners discussed the jail construction project; Jeff said he felt if the Commissioners had decided to add additional pods it would have delayed the project and caused change orders; he said the price given was for the pods only and did not include an extension of time to add the pods. Lynne said the jail figures are available at the County Treasurers Office.

Appraiser, Clint Anderson met with the Commissioners to discuss Appraiser’s office employee wages; Clint said when other facilities in Fort Scott are offering $15/hour pay, it makes it impossible for him to fill a position that requires skills. Justin said the County hasn’t been able to keep up with the needed wage increases, but said the tax base is strained. Lynne said when comparing wages it’s important to compare apples to apples and consider benefits as well. Clint said he is maxed out and needs a skilled person that can learn. Jeff said benchmarks are available from other Counties and can be helpful. Jeff made a motion to go into a 10 minute executive session for personnel matters of individual non-elected personnel, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and Clint Anderson). No action was taken.

Blue Cross representatives Cristy Mitchell and Donna Pashman met with the Commissioners regarding the County employee health insurance coverage. They said they offer health, dental, vision and pharmacy coverage. They looked at both fully insured and partially funded plans and said that the fully insured is comparable to what the County currently has with the State Health Plan. They said when in a larger pool, the risk is not as great. They said their 2017 rates were comparable to the State Plans rates. They offer direct contact and can offer employee education. The rates they provided are good for all of 2019 and are renewed annually. They didn’t look at historical data when quoting rates. They said the average annual increase last year was 9.9%. The Blue Cross plan is a month-to-month commitment.

Justin Meeks discussed the proposed walking trail in the industrial park; he said a landowner on the walking trail wants to know what their liability would be. The Commissioners said they agreed to provide culverts if needed, spray the weeds annually on the trail and provide XYZ (max 2-3 tons a year), but that the County would not maintain the trail.

The Commissioners discussed the moving of the 2^nd floor offices to the 1^st floor where the Sheriff and Jail offices were. Jeff questioned if the P1 Group should be informed of the proposed move before they do a revised energy study.

Lynne made a motion to give Justin permission to do research regarding public owned property going to leased or managed property, Nick seconded and all approved.

Justin said the County is getting close to implementing a County-wide NRP program, he asked permission to write a letter to the entities that haven’t agreed to participate in the NRP program, Jeff made a motion that Justin writes a letter to the entities that have not signed the NRP agreement, Nick seconded and all approved.

Jeff made a motion to give Justin Meeks and Lynne Oharah permission to attend the City Commission meeting (regarding the discussion of a Landbank) on June 19^th, Nick seconded and all approved.

Lynne made a motion to break for lunch and reconvene at 1:30, Nick seconded and all approved.

County Attorney Jacqie Spradling met with the Commissioners to present her 2019 budget. She said she wasn’t requesting anymore than the Attorney budget was granted in 2018 which was $$365,324, but moving the allocated money into different line items. She said she would have extra money in her budget at the end of 2018, she said she would also have money in her diversion fund at the end of 2018 that would go back to the County. Jacqie said according to FLSA, an employee can’t work over their designated hours, she said her employees should be working 35 hours, but some have been working a minimum of 50 hours, but not getting paid for the additional work. She said she needed to either pay overtime or rearrange the salaries. She said making 3 hourly positions salaried would be less than paying the overtime amount. Lynne said the County could rename the positions and the wages; Jacqie said since we know there is an issue, we need to fix the issue today. Justin Meeks suggested paying the overtime. Lynne made a motion to go into a 7 minute executive session for personnel matters of individual non-elected personnel, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and Jacqie Spradling). No action was taken. After discussion, the Commissioners decided to adjust the current salary resolution by making a few positions salaried in the Attorneys office.

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, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and Jacqie Spradling). No action was taken.

Lynne 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, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and Jacqie Spradling). No action was taken.

Lynne made a motion to go into a 5 minute executive session for personnel matters of individual non-elected personnel, Jeff seconded and all approved, (the session included the Commissioners, Bill Martin, Ben Cole and Kendell Mason). No action was taken.

Lynne made a motion to go into a 10 minute executive session for personnel matters of individual non-elected personnel, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks, Clint Anderson and Kendell Mason). No action was taken.

The Commissioners, Shane Walker and Justin Meeks reviewed the floor plans for the old jail/sheriff space. They want to install new ceiling tiles in the area to be remodeled, take down the glass front to what used to be the visiting area, take down a few walls, paint and install new flooring in the area to be remodeled. The Commissioners asked Shane to bid out the painting, ceilings and floor work, as well as building a wall on the 2^nd floor landing with fire doors.

Nick made a motion that Shane be the project manager on rehabbing the old jail, Jeff seconded and all approved.

Nick made a motion to approve Resolution 18-18, a Resolution for R.O.Z. (Rural Opportunity Zone), with Bourbon County allocating $0, Jeff seconded and all approved.

Lynne made a motion to go into a 15 minute executive session for personnel matters of individual non-elected personnel, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and Kendell Mason). After the session, Nick made a motion to give Jeff permission to meet with Jacqie Spradling, Lynne seconded and all approved.

Jeff made a motion to go into a 3 minute executive session for personnel matters of individual non-elected personnel, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and Kendell Mason).

At 4:40, Nick made a motion to adjourn, Lynne seconded and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Lynne Oharah, Chairman

(ss) Jeff Fischer, Commissioner

(ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

07/03/2018, Approved Date

June 12, 2018 Tuesday 9:00 am

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

Lynne made a motion to approve a fireworks permit for Cathy Ramirez for a stand at 840 N. Main, Mapleton, Jeff seconded and all approved.

Decker Electric provided the lighting at the new jail; they sent a notice to Lynne discussing section 179d, which is an energy efficient program for taxpayers. Decker is seeking a Federal Tax Deduction for the energy efficient work that they did at the new jail; Lynne made a motion to approve the request, Nick seconded and all approved and Lynne signed the document.

Jeff discussed an outdated brochure discussing illegal dumping at the Landfill; someone will get a copy of the brochure to the Public Works department to re-work the brochure.

Benefits Direct representative Andrew Allen met with the Commissioners; they work with various public entities and offer consolidated employee enrollment in various optional supplemental insurance policies. They offer one on one enrollment or the option of enrolling online through a benefits portal. They also offer a flexible spending account. The Commissioners discussed Benefits Direct, but decided to stay with the current carriers instead of switching to Benefits Direct.

Bill Martin and Ben Cole met with the Commissioners; Bill sent letters to 3 trash services (2 companies provided bids) for bids for the new jail, he requested bids for a 4 yard dumpster, a yearly cost with pick up once a week. 4 State Sanitation bid $960 per year; WCA bid $69 a month with a 36 month agreement with a 2% increase 2^nd and 3^rd year. Lynne made a motion to accept the bid from 4 State for trash for one year (since they bid for a year as requested), Nick seconded and all approved.

Bill Martin said they need gravel for the parking lot at the new jail. The Commissioners said they will discuss this with Jim Harris.

Lynne made a motion that Jeff is the voting delegate for KAC and that Nick be the alternate, Nick seconded and all approved.

Justin Meeks met with the Commissioners to discuss the work for the title insurance for the upcoming tax sale property; Lora Holdridge was also present for this meeting. Justin said a bid request was published in May and Security 1^st Title was the only one that submitted a bid. They bid $85/parcel with the title work to be done within 180 days. Lynne made a motion to accept the bid from Security 1^st, Nick seconded and all approved. Lynne signed the agreement.

Justin Meeks said he would like to talk to Hidden Valley regarding tax sale properties there.

At 12:05, Nick made a motion to break for lunch and reconvene at 1:30, Jeff seconded and all approved.

At 1:30, the Commissioners, Justin Meeks and Kendell Mason took a tour of the old jail. The Commissioners plan to move all of the offices from the 2^nd floor of the Courthouse to the first floor where the old jail and sheriff’s offices were. The attorney office will be moved from the 108 W. 2^nd to the 2^nd floor of the Courthouse.

Kendell Mason provided the estimated valuation for the 2019 budget; the estimate is $104,040,342. The final assessed valuation from the November 1, 2017 abstract is $100,180,833.

At 4:15, Nick made a motion to adjourn, Jeff seconded and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Lynne Oharah, Chairman

(ss) Jeff Fischer, Commissioner

(ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

06/19/2018, Approved Date

June 5, 2018 Tuesday 9:00 am

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

Nancy Van Etten was also present.

Jim Harris and J.T. Heckman met with the Commissioners; Jim Harris presented his 2019 budgets. For Road & Bridge he requested $2,068,944, for Road & Bridge Sales Tax he requested $1,060,522, for Noxious Weed he requested $153,311, for Landfill he requested $292,318 and Bridge & Culvert he requested $209,123; Road & Bridge, Road & Bridge Sales Tax, Noxious Weed & Bridge & Culvert requests were all the same as was approved for the 2018 budget. Landfill was approximately $30,000 higher, but Jim said that the Landfill is funded by the gate fees. Jim requested $258,800 for Special Bridge, which is $240,000 higher than approved for 2018; Jim said the additional funding for Special Bridge would allow the County to have the personnel and equipment for the County roads.

Jim Harris said the asphalt program is going well, due to having good operators and clean materials. He said they are moving paving equipment to Eagle Road. Jim said they have hauled 14 loads of oil which has saved approximately $14,000. Jim said they purchased a trailer to haul the oil which cost approximately $12,000.

J.T. Heckman left the meeting.

Lynne made a motion to go into a 15 minute executive session for personnel matters of individual non-elected personnel, Nick seconded and all approved. No action was taken.

The Commissioners decided to advertise to take bids for trash service for the Uniontown Weed Barn, Road & Bridge, Elm Creek, Cedar Creek and the Courthouse. Kendell and Jim will work on the specifications needed for the sites.

Jim and the Commissioners discussed the amount of trash being dumped around the County. Nick made a motion to have free dump days on July 6^th & July 7^th during regular business hours for Bourbon County residents, including tire disposal, no commercial businesses will be allowed to dump for free, Jeff seconded and all approved. After later discussion, the Commissioners cancelled this motion and changed to a different date. Nick made a motion to have free dump days on July 20^th & July 21^st during regular business hours for Bourbon County residents, including tire disposal (a limit of 10 passenger vehicle tires per residence), no commercial businesses will be allowed to dump for free, Jeff seconded and all approved. Jim said he would meet with the different cities in the County to discuss the free dumping times, Jeff suggested that this data also be placed on the County website.

Karen Endicott-Coyan arrived at the meeting and briefly met with Jeff Fischer.

Judge Mark Ward, Judge Amy Harth, and Rhonda Cole met with the Commissioners to present the 2019 budget for District Court. They requested $252,468 for 2019, the approved 2018 budget amount is $247,968, the increase is due to a projected increase cost in indigent services. Judge Ward said in 2017 there were a total of 426 criminal cases (excluding traffic) and 59 cases of child in need of care and as of May 31, 2018 there have already been 348 criminal cases and 57 child in need of care cases. The Judges discussed the various expenses they deal with, such as jury trials and interpreter fees. There was discussion over how to attract attorney’s in Bourbon County. Judge Ward said when the new jail opens, there will be some video hearings for the inmates.

Judge Harth said that Homeland Security did a tour of the Courthouse and she will schedule a meeting time with the Commissioners at a later date to discuss this.

Jason Silvers with the Fort Scott Tribune arrived for a portion of the meeting.

Lynne made a motion to approve the following 2018 Fireworks permits; Jakes Fireworks (for two locations), Crazy Debbie’s Fireworks, Hales Fireworks LLC and TNT, Jeff seconded and all approved. Lynne and Kendell signed the permits.

Greg Vahrenberg with Piper Jaffray, Bill Martin and Ben Cole along with KOAM TV met with the Commissioners; Bill said several months ago it was brought to his attention that some of the public was under the impression that the delay of the jail was due to the fact that the jail project was broke. Bill said that when the jail tax was approved by the voters there were 3 options where the excess of revenue from the sales tax collections that the money could be used, 1. Pay the jail off early, 2. Operations of the new jail, 3. Remodeling of the old jail facilities. Bill said he reached out to Greg Vahrenberg who did the initial analysis of the sales tax revenue. Greg said that Bourbon County is collecting more sales tax money than was expected, he said it was originally predicted that there would be $1,690,939 tax collected for 2015 -2017; however years 2015-2017 all generated more that was predicted, 2017 generated $211,743 more than projected, he said that there has always been an amount planned to be set aside for the three options that Bill mentioned. Greg said this excess was an important component for campaigning. Greg said that the interest rates were favorable. Bill stated that it is a false statement that the money isn’t there to operate the jail. Bill discussed some of the options that were removed from the original jail project; such as a building that was taken out of the project that would have been used for processing vehicles and grass seed for the lawn. Bill said financially we are and have been in good shape. Bill said they need to sit down and get a better understand and decide what needs to be done with the money generated from sales tax. Jeff Fischer said it was not his perception that the jail delay was due to funding. Bill discussed a recent water leak at the new jail; he said that they had planned to move the inmates the week of the water leak; he said that the contractors insurance is paying for the damages due to the water leak. Jason Silvers questioned what the delay was due to; Bill said it was due to contractors, improper wiring and the water leak.

Justin Meeks briefly discussed the disposal of unused County property; he suggested getting an inventory and publishing the disposal of the proper

Lynne made a motion to give Shane permission to meet regarding a business acceleration in Bourbon County, Jeff seconded and all approved.

Cassie Laemmli with Wall Street Group Insurance met with the Commissioners, also present for the presentation was Hazel Swarts, Bill Martin, Ben Cole and Shane Walker. Bill said he had reached out to Wall Street Group regarding a cost savings for the County health insurance. Cassie said that Wall Street Group insurance brokers have access to all larger insurance carriers. She said that United Healthcare quoted rates 5.5% under the current County rates and estimated this to be annual savings of $130,000. She said this is the exact plan that the County has and said the County has a “rich” plan. She said the quote provided is valid until August 1^st, 2018 and said the rates are no firm for 2019, she said they see a 5 – 12% increase in rates each year. She said that United requires the State renewal rates before they will quote 2019 rates. She said there could be an additional 1.5% savings from bundling the medical, dental and vision insurance. She discussed the rollover dental maximum benefits. She said the vision quotes are a 3 year rate guarantee. She said there will be one bill including all coverage’s and said she would be the point of contact for the County and the employees. Cassie said Wall Street representatives are paid an $8.95/enrolled employee/month, she said these rates are built into the rates. No decision was made on Wall Street Group insurance.

At 12:04, Lynne made a motion to break for lunch and reconvene at 1:15, Jeff seconded and all approved.

Jim Harris met with the Commissioners; he said he will review the possibility of having a container at the Public Works building for chemical sales at both the Noxious Weed and Public Works building.

Lynne made a motion to give Jeff and Lynne permission to go to the Garland Township meeting on June 12^th at 7:00 pm, Nick seconded and all approved.

Pat Curnow with P1 Group, Inc. met with the Commissioners; P1 previously did an energy audit on the Courthouse and the jail. He said they would not charge anymore to provide an updated plan with revised costs to do the updates. Jeff made a motion that Lynne is the contact for P1, Nick seconded and all approved.

The Bourbon County Soil Conservation District Kathy Valentine, Mandy Shoemaker, Deb Lust, Joe Ludlum, Wayne Thorpe and Garold Gray met with the Commissioners to present their 2019 budget request; they requested $40,000, in 2018 they received $34,200. Kathy said they come to the Commissioners asking for money because they bring in money to the County. They discussed the different funding assistance they provide to land owners. They also rent the following no till drills a John Deer for $10/acre, a Great Plains for $9/acre, a Truax for $9/acre, (all of the no till drills have a minimum of $50), a manure spreader for $50/day as well as burn equipment.

Tri Valley requested $60,000 for the 2019 budget; they received $55,000 for 2018.

Justin Meeks said he is still meeting with taxing entities regarding the proposed County-wide Neighborhood Revitalization Program.

Lynne made a motion to give Justin Meeks permission to attend the Association of Counties meeting, (the County will pay the cost of the class and expenses), Nick seconded and all approved.

Lynne made a motion to allow Jeff, Justin and Shane Walker to set up a meeting in Kansas City to look at a data center operations, Nick seconded and all approved.

Will Wallis presented the 2019 budget for Emergency Preparedness; he requested $59,939, in 2018 he received $63,439. For the Emergency Management Performance grant he requested $17,500, (the funding for this comes from grant money).

Will Wallis said the cost for 20 digital radios for the volunteer fire department would be approximately $88,359. He presented these numbers to the Commissioners for consideration at a future date. These will be needed at some point and the entities needing them may have funding available to help purchase the radios.

The Commissioners asked that Kendell contact the State Insurance Company, Blue Cross in Pittsburg and Don Doherty to notify them that the County is looking at possible different Health insurance carriers for 2019.

Nick made a motion to donate $500 to the Elks Lodge for Fireworks and pay this out of the Special Parks fund, Jeff seconded and all approved.

At 4:11, Lynne made a motion to adjourn, Nick seconded and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Lynne Oharah, Chairman

(ss) Jeff Fischer, Commissioner

(ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

06/12/2018, Approved Date

May 29, 2018 Tuesday 9:00 am

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

Lynne had a request to check the crossing at 85^th on the Little Osage River.

Lynne received a thank you note from The Wunderly’s for the gravel and grading done on Zinc Road West of Highway 7.

Jim Harris reported that they have completed asphalting one mile on Noble Road; he said there is one spot that will need to be re-addressed. He said they have done two miles on Maple Road and will move to Eagle Road when finished with Maple Road. Jim suggested looking at the finances when completed with Eagle Road to see if there are any other projects they want to address.

Mid-Continental thanked Jim for fixing potholes in the Industrial Park.

Bill Laporte met with the Commissioners; he reported potholes on Yale Road.

Nick made a motion that the County advertise to take separate hay bids for the mowable hay at Elm Creek Lake and at approximately 225^th & Native Road and that the hay must be removed by August 1^st, 2018, Jeff seconded and all approved.

Nick made a motion to give Jeff permission to talk to a resident (the resident is allergic to the chemicals) on Locust Road regarding the need to spray chemicals on brush and trees near a bridge on Locust Road, Lynne seconded and all approved.

The Commissioners held a public hearing regarding Resolution 16-18 addressing a County-wide NRP program; Bourbon County is considering adopting a County-wide NRP program. Residents from Hidden Valley Lynda & Ed Murrow (Franklin Township taxing entity) and Jerry Wallis (Rosedale Cemetery taxing entity) were present for the hearing. Lynne said they previously discussed ways to bring population growth to Bourbon County; he said that it is projected that Bourbon County will loose 16% of the population in the future. Lynne said the NRP program is a 5 year tax rebate of farm and residential properties and a 10 year tax rebate on commercial properties. He said that 95% of the increased taxes, due to property improvements could be refunded to the property owner. The Commissioners discussed the proposed NRP application process. Lynne said they would like to get all of the taxing authorities signed on now to implement the NRP program. There was discussion over projects that are started but not completed yet. The Commissioners did not take any action on the NRP program.

At 11:15, Lynne made a motion to break for lunch and reconvene at 1:00pm, Nick seconded and all approved.

Register of Deeds Lora Holdridge met with the Commissioners to present her 2019 budget; she requested a grand total of $82,447 for 2019. In 2018 she was given a total of $83,527 for her budget. The department heads were given a report showing the total cost of employee benefits for their office, this report included workers compensation, insurance, KPERS, Social Security, etc. to show the true cost of an employee; Lora said not all of these fees were not benefits. Lynne said the reports were given to the department heads to show a true cost of an employee.

The Commissioners reviewed all of the 2017 annual summaries (with the exception of Avondale Cemetery and Watershed 98) for the Townships, Fire Districts, Cemeteries, Light Districts and Watersheds; the Commissioners confirmed the annual reports and Lynne signed the reports.

David Neville met with the Commissioners regarding the surplus office equipment, David said he felt that 75-80% of the surplus equipment is file cabinets; he said that there may not be enough to warrant having an auction. The Commissioners discussed allowing departments to get what they need for County use out of the surplus and then disposing of the rest. They decided it would likely cost more to sell the surplus equipment verses disposing it.

At 3:01, Nick made a motion to adjourn, Jeff seconded and all were in favor.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Lynne Oharah, Chairman

(ss) Jeff Fischer, Commissioner

(ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

06/05/2018, Approved Date

May 22, 2018 Tuesday 9:00 am

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

Tammy Helm with the Fort Scott Tribune was also present. Matt Crystal was present for the Commission meeting until the fence viewing and returned to the meeting after lunch.

Jim Harris reported that they have finished overlaying 230^th, and said they are working on Noble Road, (he said they will have to put gravel on the curve by the Landfill gate). Jim said Noble Road should come in under budget. They will then be moving to Maple Road to do a 1” leveling course, (Lynne said that a 1” leveling course was done on a different portion of Maple Road previously and it has held well).

Lynne received a call that there was furniture in a ditch on Quail Road between 164^th & 175^th; Jim had a crew pick up the furniture.

Jeremiah Hill, George Colinge and Larry Howard met with the Commissioners regarding Eagle Road; Jim said by early to mid June they should be working on Eagle Road, (he estimated to be there by June 11^th). Jim said the patching machine should be available next week. Jim said they will be putting hot mix in the holes on Eagle Road, he said they will place tack oil over each layer. Jim said so far this year they have saved approximately $7,000 by using the tanker to haul oil verses paying the hauling fee. Jim said the money for Eagle Road looks good. Jim said once the yearly planned projects are complete, if there is any money left they will do some chip & seal projects. Jeff said that the Commissioners viewed Eagle Road last week and said that approximately 400 yards (or 15%) of the 1 ½ miles needs a leveling course before being overlaid and approximately 85% of the road is good to be overlaid as is, he said there is no plan to reclaim and said the road has a good base. Jeff asked Jim to view a culvert under Eagle Road near State Line, to see if the water is flowing through the culvert. Jeremiah reported that it is hard to see around the curve on Eagle & State Line; it was questioned if this was due to brush and trees on private property. Jim said they are putting 2 culverts in near State Line, he said there were previously 3 culverts there, but 2 should be adequate. Jeremiah questioned if they were going to do any ditching in this area, he said there were 2 culverts plugged in this area; Jim said eventually they will do ditching. Jeff asked that Jim look at the intersection of 250^th & Eagle. George Colinge said that 230^th looks nice, but questioned the amount of asphalt used; Jim said that 230^th had a targeted overlay of 4”. Jim reported the cost of 230^th to be approximately $112,000. Justin Meeks said that at some point there will be tough decisions to make with the projected declining population, he said they can’t lower taxes and keep roads paved.

At 9:40, Nick made a motion that the Commissioners and Jim Harris go to a fence viewing with between Lane & Glynda Cutler and John Coyan and Karen Endicott-Coyan for approximately 2,600 feet, located between the Southwest quarter and the Southeast quarter in Section 29, Township 26 & Range 24; in Pawnee Township in Bourbon County, Kansas. The fence is a North/South fence and is located between property owners John & Karen Endicott-Coyan (South side) and Lane & Glynda Cutler (North side), Lynne seconded and all approved. After viewing the fence, Lynne 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, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and Kendell Mason). After the session Karen Endicott-Coyan met with the Commissioners regarding the fence viewing; Karen said that Roger Gier Fencing had walked the Coyan portion of the fence and he said a little less than ½ of their fence was in good shape, the other portion Karen later had replaced. Karen said that the labor portion was $978 and the material to replace the fence was approximately $700. Lynne made a motion that the ½ of the fence that belongs to John & Karen Endicott-Coyan does meet the Bourbon County fence requirements and that the ½ of the fence that belongs to Lane & Glynda Cutler does not meet the Bourbon County fence requirements and does need to be repaired, Jeff seconded and all approved. Jeff later modified the motion to include that the completion of the Cutler fence repairs or replacement needs to be completed on or before August 1^st, 2018. Karen said that she had spent money on her portion of the fence and said she would be very unhappy with the situation if the Cutler’s don’t fix their portion of the fence a.s.a.p. Karen said Cutler’s cows were getting out of Cutler’s portion of the fence. She questioned what should be done with the Cutler’s cows the next time they get out onto her property. Jeff made a motion to adopt Resolution 17-18 regarding the fence viewing decision… “the Commissioners order and assign that Lane & Glynda Cutler are responsible for the ½ of the fence on the right side, (North side) and that John & Karen Endicott-Coyan are responsible for the ½ of the fence on the left side, (South side). The ½ of the fence that belongs to John & Karen Endicott- Coyan (South side) does meet the Bourbon County fence requirements and that the ½ of the fence that belongs to Lane & Glynda Cutler (North side) does not meet the Bourbon County fence requirements and does need to be repaired or replaced as that portion of the fence is insufficient as viewed and that the fence replacement or repairs needs to be completed on or before August 1^st, 2018”, Lynne seconded and all approved.

Lynne made a motion to go into a 25 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Jeff seconded and all approved, (the session included the Commissioners and Justin Meeks). After the session, Nick made a motion to give Lynne and Justin the authority to talk with Dave Martin, Jeff seconded and all approved.

Justin Meeks presented the 2019 budget for the County Counselor; he requested a total of $64,900, (wages = $64,000, office supplies = $300, CLE/travel = $600).

At 11:56, Nick made a motion to break for lunch and reconvene at 1:30, Jeff seconded and all approved.

Carla Nemecek with Southwind Extension District met with the Commissioners; she presented the Commissioners with Fiscal Conditions & Trends 2018 Bourbon County. She said that the extension office has hired summer interns, one of which will work in Fort Scott. She said on July 1^st, Woodson County will join the extension district.

Justin Meeks said he plans to have the employee handbook completed by the end of June.

Justin said he had sent letters to taxing entities regarding the public hearing discussing the possible County-wide NRP program. The NRP public hearing is scheduled for May 29^th at 10:00 am.

Justin said he plans to meet with a business that may be interested in the County-wide NRP program.

Justin said he thought the City of Fort Scott is getting closer to starting a Landbank; he felt the County would implement a County-wide Landbank at the same time.

The Commissioners planned to discuss the possible use of the Sheriff and SEKRCC space at the Courthouse once they occupy the new jail; however, they didn’t have the financial data to discuss the space. The Commissioners would like to consider putting most offices on the first floor to make the offices more accessible to the public. Lora Holdridge planned to listen to the use of the old Sheriff & SEKRCC space, but was told that they weren’t going to discuss this today.

Lora Holdridge said she planned to present her 2019 budget next week; she said at one time the ROD, Clerk and the Treasurer all made the same wages. She said she would be turning money back in from her 2018 budget.

Justin Meeks asked permission to write a legal opinion regarding general liability issues with the proposed walking trail, he said the County would need an easement for the walking trail; Jeff made a motion to give Justin permission to write a legal opinion regarding general liability issues concerning the walking trail, Nick seconded and all approved.

Justin Meeks discussed the disposal of County property; he said there will be a lot of property to get rid of, he suggested that the County may want to donate some of the property. He said some of the property has value that could be sold. Jeff will meet with David Neville to discuss the auction items.

Appraiser Clint Anderson met with the Commissioners to present the 2019 Appraisers budget; he requested $283,471, which included $3,200 to be put in a reserve fund for a truck replacement.

Jeff made a motion to go into a 5 minute executive session for personnel matters of individual non-elected personnel, Lynne seconded and all approved, (the session included the Commissioners, Justin Meeks, Clint Anderson and Kendell Mason). No action was taken.

At 4:00, Nick made a motion to adjourn, Jeff seconded and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Lynne Oharah, Chairman

(ss) Jeff Fischer, Commissioner

(ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason,

Bourbon County Clerk

May 15, 2018 Tuesday 9:00 am

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

Tammy Helm with the Fort Scott Tribune was also present.

The Commissioners were to re-view a fence between Lane & Glynda Cutler and John & Karen Endicott-Coyan; however, one of the parties did not receive their notice of the fence viewing, so the Commissioners will reschedule the viewing for May 22, 2018.

Jim Harris presented a letter from FSCC for a request for the County to put culverts in and a hidden ditch at the Red Ram Motel (at a shared cost between FSCC & the County), so they can mow the ditch, which FSCC recently purchased. The Commissioners asked Jim to gather additional information and report back on this next week.

Jim Harris presented a transfer request; Nick made a motion to approve a transfer request to transfer $100,000 from Road & Bridge Sales Tax to Road & Bridge, Jeff seconded and all approved.

Jim Harris reported they are overlaying on 230^th.

Jeff read a letter that he received from Todd McDermed an employee of the Post Office; Todd said the condition of Eagle Road East of 250^th going into Garland is dangerous. Jeff questioned if the County could overlay certain areas of the road; Jim said if this was done the paver would not leave a level road. Lynne questioned if the County should mill, reclaim, pack down and overlay that portion of the road. Jim said there is no reason to fix the road if it isn’t done right. Jeff said he would view the road and make a recommendation to the Commissioners on what to do with the road; however, Nick made a motion that all of the Commissioners and Jim Harris view approximately 1 ½ mile of Eagle Road going into Garland at 9:45 today, Jeff seconded and all approved.

Lynne received a request that the County place 30 mph speed limit signs for approximately 1 mile from Highway 3 & Union Station going west as well as placement of school bus signs; the Commissioners are going to consider this on May 22^nd.

Nick received a request to drag and put gravel on the road east of the Uniontown High School ballpark; Jim will view the road and advise if this is a County or City road.

Lynne reported that he received a request to gravel and grade near 1782 Locust Road.

Jeff made a motion to place speed limit signs on 230^th between Jayhawk and Kansas Road, Nick seconded and all approved.

Nick said that the Millers had ground some stumps out at the new jail and received a credit at the dump for the work they did; Jim said this credit had been taken care of.

Lynne 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, Nick seconded and all approved, (the session included the Commissioners and Justin Meeks). After the session, Nick made a motion to have Shane Walker contact Central States to fix the sheet rock and floor (due to water damage) at the new jail for approximately $1,870, Jeff seconded and all approved. Shane reported that if the same light fixtures were used it would take 2-3 weeks to receive the fixtures.

Jeff made a motion to give Lynne permission to discuss the possible County-wide NRP program with different entities in the County, Nick seconded and all approved.

At 9:45, Lynne made a motion that the Commissioners leave to view Eagle Road and reconvene at 11:00, Jeff seconded and all approved.

Lynne 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, Jeff seconded and all approved, (the session included the Commissioners, Justin Meeks, Shane Walker and Kendell Mason). After the session, the Commissioners said to Shane that they were supportive and appreciative of the work Shane does.

Lynne made a motion to break for lunch and reconvene at 1:15, Jeff seconded and all approved.

Justin Meeks said he had presented the possible County-wide NRP program to the USD 235 school board; he said USD 235 will consider this at their next board meeting in June. Justin said he would be mailing NRP information to all of the taxing entities in Bourbon County. He said the NRP map would be complete after knowing what entities are participating in the NRP program.

Lynne said that Southeast Kansas Regional Planning Committee is looking for volunteers to serve on a board for Community Economic Development, (C.E.D.).

Kendell Mason presented the 2019 budget requests for the Clerk and Election office; for Clerk $101,917 was requested, (which is the same amount as was approved for the 2018 budget). For Election $86,900 was requested, (which is the same amount as was approved for the 2017 budget and less than was approved for 2018.

Justin Meeks said that Shane Walker is reviewing the IT and active shooter part of the handbook.

Lynne made a motion to go into a 5 minute executive session for Personnel matters of individual non-elected personnel to protect their privacy, Jeff seconded and all approved. No action was taken.

There was a brief discussion over County provided health insurance benefits for the 2019 year; the County is insured through the State of Kansas and the contract is expiring December 31, 2018. Jeff said that Don Doherty articulated to the County that we are probably not going to find a comparable plan at the price we are currently paying.

Lynne asked Treasurer Patty Love to give them the current figure on financing the jail project, (balance of money left verses what is left to pay).

Jeff 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, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and Clint Anderson). After the session, Nick made a motion to authorize Lynne to sign the contract to engagement of an expert witness for $4,000 for an appraisal, Jeff seconded and all approved. The bill will be paid out of Courthouse General.

At 3:52, Nick made a motion to adjourn, Jeff seconded and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Lynne Oharah, Chairman

(ss) Jeff Fischer, Commissioner

(ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

05/22/2018, Approved Date

May 8, 2018 Tuesday 9:00 am

The Bourbon County Commission met in open session with Lynne and Jeff present, Nick was present by telephone. The County Counselor and the County Clerk were also present.

Tammy Helm with the Fort Scott Tribune was also present until lunch; Jason Silvers with the Fort Scott Tribune was present after lunch.

Residents Larry Howard, George Colinge, Richard Cullison, Bob Weibelhaus, David & Linda Kline, Raymond Kalm and Jeremiah Hill met with the Commissioners regarding Eagle Road; Mr. Colinge said that he knew the Commissioners had a lot of tough decisions to make and gave the Commissioners and Jim Harris credit. He said that Eagle Road was mentioned 21 times in the minutes between March 2017 & April 2018 and said after attending some meetings he left several times feeling better about what would be done to Eagle Road. He discussed where Eagle Road was milled last year and said the 1^st mile is good in sections, but said the ¼ mile going into Garland is terrible and dangerous. He said that both 230^th Road and Eagle Road are in Commissioner Fischer’s district and said 230^th is now in good shape, but once again said that Eagle Road is a dangerous situation. He asked that the Commissioners make a motion to move Eagle Road to #1 on the priority list and said the road couldn’t wait. He said he was happy that the road was put in the budget to be done. Jeff said that 230^th has good access on both sides and said Eagle Road as an access road is important. Jeff said the last ¼ mile of the road is an unsafe situation, Nick also said the last ¼ mile is in bad shape. Bob Weibelhaus said he lives at 240^th & Eagle Road and said if the road isn’t going to be paved, he suggested due to dust and loose gravel that the County put up speed limit signs and to enforce the speed limit, several residents agreed that the speed should be 40 mph. Lynne said he wasn’t opposed to speed limit signs and suggested placing MC30 to control the dust. It was said that 1 1/2” of overlay was not enough to support the truck traffic on the road. Jeremiah Hill said he felt the gravel showing through the road was due to a milling error. It was suggested that if the State is using Eagle Road as a haul road that the State help maintain the road or reimburse for expenses on the road while they are using it for 69 Highway construction. It was questioned what was going to happen with the 250^th Street bridge; the Commissioners said they hadn’t seen the bridge inspection report yet. 240^th was discussed; Jeff said they are still doing work to the road which is why the road closed signs are still there. Mr. Colinge asked that the Commissioners entertain a motion to switch the priority list of paving projects by doing Eagle Road 1^st and moving 230^th to the 5^th project. Jeff made a motion to reprioritize the paving schedule by moving Eagle Road to the 1^st position and 230^th to the 5^th position, he said all of the roads have been budgeted for and they would just be changing the order in which they were completed, there was no second for the motion made; Nick said he wouldn’t second the motion since they would be on Eagle Road in approximately 1 month, Lynne said he wouldn’t second the motion because he wanted to stay on the same schedule as planned. Jeff said they could do spot patching and then overlay; Nick was concerned if spot patching was done it would have to sit for several weeks before it could be paved. Mr. Colinge said the sooner Eagle Road is patched and overlaid then more of the road will be saved. Mrs. Arens repeatedly said that Eagle Road was very dangerous; she also discussed a culvert that had failed at State Line and Eagle Road. Mrs. Arens questioned why 230^th was being done first if it wasn’t a safety issue; the Commissioners said it was due to traffic count on the road. Lynne said the County is getting a pothole patching machine and wanted to use it on Eagle Road; the residents said the problems are bigger then the size of a pothole. Tammy Helm questioned if Eagle Road wasn’t moved to #1 on the list, then when would the road be completed; Lynne said it would be started approximately June 15^th. The Commissioners said that Jim Harris had the materials and equipment for 230^th, and said they plan to start working on 230^th on May 9^th. Mr. Howard said after attending the budget meeting he felt that Eagle Road was a priority road. Mr. Cullison questioned if the paving would be done from 250^th to Garland would be started and completed by the middle of June; the Commissioners agreed the project would be started by the middle of June. Jeff said that a motion had been made last week to remove Kansas and 230^th going East from the list.

Karen Endicott-Coyan and Lane Cutler met with the Commissioners regarding a fence viewing that was done on May 1^st between the two property owners. The fence is located in Section 29, Township 26 and Range 24 in Pawnee Township. Lynne said the Commissioners did walk the whole fence; Lynne said it was his opinion that the fence was in disrepair and probably wouldn’t hold livestock. Jeff said there was rotten post and it wasn’t cattle tight, Nick said that both property owners portion of the fence was in bad shape; Karen questioned if they meant the entire fence, the Commissioners said yes. Karen said she had a fence builder look a the 1^st ½ of her fence from Fern Road going North, he said that portion of her fence is ok; Cutler agreed that it was ok. Karen said she had called Cody Cutler many times to inform him that his cows were out, she said Cody had said he was sick and tired of her calling him, Karen said she thought calling him was the neighborly thing to do. Lane said he wanted the Coyan’s portion of the fence done with new post and 5 wires. Justin questioned if the fence needed fixed or replaced. Karen said the Commissioners didn’t walk her entire fence; Jeff agreed. Lynne made a motion to go view the fence again, Jeff seconded and all approved. The Commissioners will do a second fence viewing on this same property on May 15^th at 10:00 am. Lane told Karen that maybe she could have her fence patched by then, Karen said that she doesn’t fix fence.

Nick reported that Kevin Allen called and requested a change order for dirt work between the parking lot and the road at the new jail; Lynne made a motion to go to the jail site to view the tree stumps and resume the meeting at 11:00 am, Jeff seconded and the Commissioners left to view the issue. When they returned Lynne said they told Kevin Allen to give an estimate of what it would cost to correct the unforeseen issue with the stumps where the old fence was.

Justin said Appraiser Clint Anderson questioned him if the remaining 2017 budgeted money from his department had been placed in a special fund for 2018; Justin said Clint may want to use this money at a later time for a vehicle. Justin said he had talked to Terry Sercer about moving this money.

Justin said that Clint Anderson is starting to interview people for a job vacancy; the Commissioners wanted Justin Meeks to participate in the interviews.

Lynne made a motion to break for lunch and reconvene at 1:30, Jeff seconded and all approved.

Jeff made a motion to accept and sign a termination of lease between Bourbon County and the George Family Trust and William Darrel and Laura George, Lynne seconded and all approved. After the Commissioners signed the document, the termination of lease was sent to the Register of Deeds to be put on file.

Lynne said he received a call from Bill Martin regarding when the jail repairs from a recent water leak would be done; Lynne said Kevin Rost with Goldberg Group was discussing this with Gary Walker at Universal. Lynne said he planned to call Kevin for more details. Lynne said they were planning on moving inmates to the new jail last Sunday; Nick made a motion to give Lynne permission to call Bobby Reed to get a count of inmates being housed out of county and then discuss this issue with Kevin Rost, Jeff seconded and all approved. Lynne called Bobby Reed and Bobby reported that there are currently 12 inmates being housed elsewhere. Jeff made a motion to give Lynne permission to inform Bill Martin what Kevin Rost said regarding the repairs, Nick seconded and all approved. Jeff made a motion to give Lynne permission to call Gary Walker with Universal, Nick seconded and all approved. Gary Walker informed Lynne that it would take approximately 3 months to do the repairs. Lynne notified Bill Martin of the timeline to do the repairs. Jeff made a motion to give Commissioners permission to meet with Universal, Gold Mechanical and other contractors regarding the damage from the water leak; if the meeting is held this week Lynne will attend, if the meeting is next week then any or all of the Commissioners may attend, Nick seconded and all approved.

There has been a brief discussion about possibly renting out a portion of the old jail for a data center; Justin Meeks said the County could have a cost of approximately $200,000 to remodel to house a data center. Jeff discussed the possible revenue that could be generated from a data center.

Lynne made a motion to approve Resolution 16-18; a Resolution establishing a date for a public hearing concerning the adoption of a plan pursuant to the Neighborhood Revitalization Act, Jeff seconded and all approved. The public hearing will be May 29^th at 10:00 am. Justin will send a notice to the Tribune for publication and will notify all of the entities in Bourbon County that could participate in the County-wide NRP program.

Justin said he will set up a meeting to discuss the use of the old jail/sheriff’s department. There was discussion over some departments moving to the first floor. The Commissioners would like the departments input on the use of the space.

Lynne made a motion to allow any of the Commissioners to attend a graduation ceremony for the LEAD Bourbon County class on May 10^th at 5:30 pm, Jeff seconded and all approved.

At 3:40 Lynne made a motion to adjourn and Jeff seconded.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Lynne Oharah, Chairman

(ss) Jeff Fischer, Commissioner

(ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

05/15/2018, Approved Date

May 1, 2018 Tuesday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners and the County Clerk present, Justin Meeks was present for the meeting beginning at 11:00 am.

Jeremiah Hill, Larry Howard and George Colinge met with the Commissioners; Jeremiah Hill said as a taxpayer he is not pleased with things that are happening in the County. He questioned the Commissioners plan to pave Kansas & 230^th; he said when he attended the hard surface planning meeting, paving Kansas & 230^th was not part of the plans, he questioned where the money to pave this road was coming from and questioned why they were paving this verses fixing the asphalt roads. Lynne said it has been recommended to back off on this road, he said it has been fixed as a gravel road and have had a request to put MC30 down. The Commissioners said the decision to do Kansas & 230^th was based on economic development. Mr. Hill said he works for a business that is ¼ mile off of a paved road and questioned if they plan to pave it for economic development. Mr. Howard stated that the Commissioners had stated that they had already overlaid more roads that they can take care of. Lynne discussed a study they received from W.S.U., he said the study suggested that between now and 2044 Bourbon County will lose approximately 16% of the population, he said there tends to be a trend that there are more obituaries than births in this area. Mr. Hill said the 1^st mile off of 69 Highway onto Eagle Road is full of potholes and wasn’t being maintained. The Commissioners said they plan to purchase a used pothole patching machine and pay for the machine with money from the 1% Sales Tax fund; Mr. Howard said the 1^st place this machine should be used is on Old Highway 69 near 240^th. The Commissioners said they had not received the bridge inspection report yet. The Commissioners said that the State (who is pouring concrete) is using Eagle Road as a haul road. It was said that the winter had destroyed the milled portion of Eagle Road; Mr. Collinge said that Jeff Fischer had previously said that they needed to make Eagle Road a priority road. Mr. Howard said that the County shouldn’t have milled the road if they weren’t going to finish the road; Jeff said that it was suggested that there was 6-8” of asphalt over the base there and they thought they could take a couple of inches off, but then realized the base wasn’t what they originally thought it was. Mr. Hill questioned which Commissioner pulled the trigger on tearing up the 3 miles on Eagle; Jeff said he was an advocate because the condition was rough, there was no drainage and said he felt that the traveling surface was now better than when it was a blacktop road. Jeff said he felt the County was making “gains” around the County, he discussed the trimming and ditching that has been done and said he still believed that they will eventually get this road paved. Mr. Howard said the County should do Eagle before 230^th. He said with a portion of Eagle Road shut down the traffic count is now higher on Old 69 Highway. The Commissioners were questioned if they ever got bids from private individuals to do road work; the Commissioners said that KAC suggested it was cheaper for the County to do the work themselves, verses contracting it out. It was questioned on when Eagle Road would be overlaid; the Commissioners said they would discuss this with Jim Harris later in the day and Jeff said he would call and report what was decided to Mr. Howard or to Mr. Hill. Mr. Hill questioned five culverts that were installed on 240^th south of Cavalry; he said 2 culverts were taken out and five were installed, he felt this was a waste of money and said when the water gets deep enough it is running into his field, he said some of the culverts should have instead been installed near the State Line. Mr. Hill questioned who was responsible to put rock on Deer Road going East between 250^th & 260^th(which is near Phoenix Coal Company. Mr. Howard questioned the County being responsible for the roads in the Industrial Park and at the Fort Scott Lake; Lynne said this was due to spot annexation that had previously been approved, Mr. Howard questioned if this spot annexation could be undone.

The Commissioners discussed an application from applicant John Morlan for a permanent road closure petition on 130^th between Kansas and Limestone Road; Kendell explained that all property owners on the road considering being closed need to sign a petition before the road could be considered for closure. One of the property owners had not signed the petition and the contact person on the petition said he would try to contact the other signer to sign the petition, but as of today they had not signed the petition. Lynne said that John Morlan had contacted him and said that this road either needed shut down or fixed; Lynne said that Jim Harris reported that they will be putting base rock on the road. Jeff said that closing roads doesn’t solve problems and that closing roads can constrain utility installments. Jeff said there is value in maintaining and keeping roads open.

Nick made a motion that all of the Commissioners attend a fence viewing between property owners Lane & Glynda Cutler and John & Karen Endicott-Coyan, Jeff seconded and all approved. After the Commissioners returned, they said they would announce their decision regarding the fence viewing on May 8^th at 9:45, both property owners were notified by mail of the time and date of the decision.

Nick made a motion to go into a 5 minute executive session for confidential data relating to financial affairs or trade secrets of corporations, partnerships, trusts and individual proprietorships, Jeff seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

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

Jeff read a thank you letter from Raymond & Diane Tucker; they thanked the maintenance crew for the new driveway culverts that the County installed.

Lynne made a motion to go into a 15 minute executive session for confidential data relating to financial affairs or trade secrets of corporations, partnerships, trusts and individual proprietorships, Nick seconded and all approved, (the session included the Commissioners, Jim Harris and Justin Meeks). No action was taken.

Phillip Heagy (a resident of Devon) met with the Commissioners; he said he bought a mule and his neighbors have dogs which he is having issues with. He said according to the Sheriff he has the following options; deal with the dogs or if the dogs are chasing his mule he could shoot the dog. Lynne said the County doesn’t have a dog ordinance. Justin Meeks suggested that he contact an attorney regarding the dogs.

Phillip Heagy reported potholes on 164^th going South for approximately ¼ mile out of Devon as well as potholes in Devon. Jim Harris will address the potholes.

Lynne made a motion to go into a 15 minute executive session for confidential data relating to financial affairs or trade secrets of corporations, partnerships, trusts and individual proprietorships, Jeff seconded and all approved, (the session included the Commissioners, Jim Harris and Justin Meeks). No action was taken.

Jeff told Jim Harris that on Deere Road between 250^th & 260^thneeds gravel. Jim said they are addressing 267^th & State Line Road.

The Commissioners told Jim Harris that the grader dug a ditch across the road and it needs culvert and gravel at 180^th & Grand Road.

Jim Harris reported that they did the cleanup at the site of the recent tractor fire. He said they went to the neighboring property of the tractor fire and did cleanup work there as well, he said they did soil samples and once the results of the samples are ok, they will put dirt back in the hole where they did the cleanup.

Nick made a motion that the County does not asphalt East on Kansas Road from 230^th for approximately ¼ mile, Jeff seconded and all approved. The Commissioners said dozers using this road have helped influence this decision. Jim said a resident in this area didn’t want the improvements made to the road, due to the equipment usage on the road.

Jim Harris reported that he is using the Roads Scholar to send some of his employees for training.

Jim Harris reported that the crusher is at the Blake Quarry making chips and then will move to the Shepherd Quarry, then to the Beth Quarry and then to the Thomas Quarry.

Lynne made a motion to go into a 15 minute executive session for personnel matters of individual non-elected personnel to protect their privacy, Jeff seconded and all approved, (the session included the Commissioners, Justin Meeks and former Register of Deeds employee Sandy Winters). After the session, Jeff made another motion to go into a 15 minute executive session for personnel matters of individual non-elected personnel to protect their privacy, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and former Register of Deeds employee Sandy Winters). After the session, After the session, Jeff made another motion to go into a 10 minute executive session for personnel matters of individual non-elected personnel to protect their privacy, Nick seconded and all approved, (the session included the Commissioners and Justin Meeks). After the session, Jeff made another motion to go into a 5 minute executive session for personnel matters of individual non-elected personnel to protect their privacy, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and former Register of Deeds employee Sandy Winters). No action was taken.

Justin Meeks reported that he has meetings scheduled with cities and schools regarding the proposed County-wide NRP program.

Lynne 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 Nick seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

Justin Meeks said they are starting to move forward on the walking trail near the industrial park, he said he would like to have one Commissioner meet with business owners on the route; Jeff agreed to meet with the business owners regarding easements on the properties.

The Commissioners agreed that the department heads could plant flowers on the Courthouse lawn again in 2018 if the departments want to maintain the flower beds. The Commissioners said they would allow the same dollar amount that was allowed in 2017.

Nick Ruhl called Kevin Rost with Goldberg Group Architect regarding a recent water leak at the new jail; Kevin said they are working with the plumbing contractor’s insurance company.

At 4:39, Nick made a motion to adjourn, Lynne seconded and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Lynne Oharah, Chairman

(ss) Jeff Fischer, Commissioner

(ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

05/15/2018, Approved Date

April 24, 2018 Tuesday 9:00 am

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

Jennifer Fountain attended a portion of the Commission meeting; she is getting ready to receive her B.S.N. from Pittsburg State and needed to attend a type of public meeting for a graduation requirement. Jennifer questioned the Commissioners what the formal purpose of their meetings were; Lynne said the purpose is to move forward and spend the taxpayer’s money wisely, Jeff said the purpose is to conduct business on behalf of the taxpayers. Jennifer questioned how the County is able to influence health and wellness in the Community; Lynne said that the County employees are able to participate in health screenings offered through the insurance company and said the County has participated in wellness grants.

Tammy Helm with the Fort Scott Tribune was present for a portion of the meeting.

Jim Harris presented a culvert application for Jeff Johnson for a culvert installation at 1282 135^th; Lynne made a motion to approve the application, Jeff seconded and all approved.

Jim Harris asked permission to sell a 1989 Ford tractor on Purple Wave; Lynne made a motion to allow it to be sold on Purple Wave, Nick seconded and all approved.

The Commissioners discussed the recent KDOT meeting that Jeff attended; Jeff said that the Federal Fund’s Share used to be a 80/20% split, but is now 75/25% and the 25% is an administrative fee to cover the States costs, he said that Kansas was in jeopardy of loosing this funding opportunity and said it is possible that the 25% fee may change in the future. There was discussion over the off-system road bridges, which are on rural secondary roads, (gravel roads). Jeff said there may be additional funding available for low water bridges.

Lynne made a motion to allow all of the Commissioners to attend a safety meeting on April 26^th at 11:00 am at the Public Works building, Nick seconded and all approved.

The Commissioners held a public hearing for the five year solid waste plan; they reviewed the plan prepared by Agricultural Engineering Associates, there was a duplicate entry on section 5B3, which the Commissioners eliminated before adopting the Resolution. Lynne made a motion to approve Resolution 13-18, FIVE YEAR SOLID WASTE PLAN, Jeff seconded and all approved.

Jim Harris said that Schwab Eaton had inspected a surface cavity on the 2^nd street bridge going west out of Fort Scott; Jim said the County removed the surface, dug down where the bridge had been washed out, they will be putting flowable fill, clay and rock in the hole. Jim said the bridge will be closed for a few days.

Jim said that 240^th will be open soon.

Jim said they are working on the road near the Hairbow Center.

Jeff thanked Jim for fixing the ditch near Condensory/Soldier Road.

Jeff said he had a call that the County gravel trucks are exceeding the speed limit on gravel roads; Jim said he didn’t feel the trucks were speeding on the roads. Jeff said he had also heard from another person that the County drivers slow down when meeting vehicles.

Jim said he would be gone for a meeting on May 7^th & May 8^th.

Lynne made a motion to go into a 3 minute executive session for non-elected personnel to protect their privacy, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and Kendell Mason). After the session, Lynne made a motion to adopt Resolution 14-18, a wage Resolution adding a part time County Attorney position on the wage resolution and increasing the wages for the Assistant County Attorney on the wage resolution, Nick seconded and all approved.

Justin Meeks presented data to the Commissioners; he said the data suggests that there will be a population decrease in the future. There was discussion over this decrease and the impact it will have on economic development for our County.

Terry Wood questioned the status of 245^th & Lucky Road; he said there hasn’t been anything done for 6 months. Jeff said he would discuss this with Jim Harris. Jeff later reported to Mr. Wood that Jim Harris said they plan to fix this road in May.

Lynne made a motion to approve the commercial lease agreement between Bourbon County and Craw-Kan Telephone. Nick seconded and all approved. Lynne signed the agreement. Craw-Kan plans to lease a portion of the old jail for $1,300/month. The tenant will use the premises as a fiber optics distribution center. The lease will terminate on May 1, 2043, unless the lease is renewed.

There was a brief discussion over the ROZ program; Justin said that one person is using the program in Bourbon County and suggested that the County fund the program for two additional years and then provide zero funding for the program. The ROZ program will be discussed at a different date.

Justin Meeks has been working on creating and implementing an NRP program that is County-wide. He said he has meetings set up with the City of Uniontown on May 8^th and the City of Bronson on May 15^th, (the meetings are to see if the cities are interested in participating in a county-wide NRP program). Justin said he is trying to arrange meetings with other cities and school districts in Bourbon County. The county-wide NRP program will be a rebate program that can rebate a portion of the increased property taxes paid due to improvements to a property. There is already a NRP program for the City of Fort Scott.

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

At 11:56, Lynne made a motion to break for lunch and reconvene at 1:30, Jeff seconded and all approved.

Appraiser, Clint Anderson asked permission to fill a vacancy in his office (due to the hiring freeze); Lynne made a motion to allow Clint to hire a person to fill a vacancy, Jeff seconded and all approved. Clint said he had already begun the hiring process; he said he has received five applications from the website Indeed.

Cathy Cooper with the 6^th Judicial District met with the Commissioners; she presented 3 grants for the 2019 budget year. The Adult Program for D.O.C for $305,536.90, the Adult Program Behavior Health for $145,327.00 and the Juvenile budget for $464,356.96. Jeff made a motion to allow the Chairman to sign off on the fund year 2019 grants and budgets for the 6^th Judicial District, Nick seconded and all approved and Lynne signed the documents.

There was discussion over Bourbon County possibly putting in bed space in the old jail to house juvenile’s verses paying to house the juveniles elsewhere.

Lynne said that the tractor had been moved from the location of a recent tractor fire and said that the permits were available from KDHE to start the clean-up process.

Lynne made a motion to approve Resolution 15-18, a resolution authorizing a deferred compensation plan for the employees of Bourbon County, Jeff seconded and all approved. KPERS will start offering a deferred compensation plan to the County employees.

Emergency Preparedness director Will Wallis met with the Commissioners; he discussed a recent downtown fire exercise that was held. In 2005, there actually was a fire in downtown Fort Scott; the fire destroyed 11 buildings in Fort Scott. Will said several people participated in the exercise. Will said the objectives of the exercise was to mobilize all critical resources and strategically deploy them to the scene, establish an on-scene incident command post, organize teams to carry out and timely and organized facility search of each facility involved or presumed to be involved in the disaster and to coordinate and disseminate vital, timely information through command and back to the emergency operation center. Will reported that the conclusion was that the water department will be clearing the way for use of water out of the re-claimed pool of water at the plant. A plan will be developed and tested by a city/county effort to draft re-claimed water at the city sewage plant and return to the downtown area and dispense their water in drop tanks in a timely matter. Another plan will be to locate and procure a contract with an outside contractor to haul water by semi-truck loads to a designated site and be able to dispense it into a drop tank or hook up to a pumper.

Nick gave the draft of the employee handbook back to Justin Meeks; Justin said he would present a draft to the department heads.

David Neville questioned how the Commissioners wanted the east doors secure after the SEKRCC and Sheriff’s office moves; the Commissioners said they wanted a card reader placed on the east door. David will unlock the doors during business hours.

Justin and the Commissioners discussed what to do with the old jail space once the Sheriff and SEKRCC moves; no decision was made on the space. Justin will notify the department heads of a meeting where they will discuss the repurposing of the old jail/sheriff’s space.

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

There was a brief discussion over Bourbon County negotiating a reduced monthly rate with SEK Regional Juvenile Detention Center; Nick made a motion to give Jeff the authority to contact the County Attorney regarding negotiating the SEK Regional Juvenile Detention Center contract rate.

At 3:47, Nick made a motion to adjourn, Lynne seconded and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Lynne Oharah, Chairman

(ss) Jeff Fischer, Commissioner

(ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

05/01/2018, Approved Date

April 17, 2018 Tuesday 9:00 am

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

Jim Harris met with the Commissioners; he suggested that the County put a moving permit in place to be used when moving structures down the road. He said a permit would allow a fee to be charged, move signs, etc. Kendell said that the County used to issue moving permits and said she would review any resolution that has been put in place regarding a moving permit.

Lynne made a motion to go into a 15 minute executive session for confidential data relating to financial affairs or trade secrets of corporations, partnerships, trusts and individual proprietorships, Jeff seconded and all approved, (the session included the Commissioners, Jim Harris and Justin Meeks). No action was taken.

Lynne said he had received a request to open the road on 260^th between Cavalry and Eagle Road; this road was previously closed for Phoenix Coal Company, Jim said the South end of this road will require a lot of work. The Commissioners discussed the reclamation process. Jeff suggested if someone tears up the road, shouldn’t the County make sure that they repair the road. Jim said he didn’t feel that there was anything in writing making Phoenix Coal Company fix the road. The Commissioners asked Jim Harris to write Phoenix Coal Company to request that they repair the road.

Lynne discussed the Little Osage low water crossing on 75^th that was closed, Jim said this may be able to be repaired.

Lynne said there are wash boards on the hill South on 77^th Street Terrace; Jim said he would view the road.

Jim Harris said KDHE will be on site to inspect as the County does the clean-up from the recent tractor fire.

Jim Harris estimated that it would cost $20,000 for the asphalt at 230^th & Kansas Road, which is the location of the Hairbow Center. The Hairbow Center has expansion plans and will have heavier truck traffic and the road needs to be reinforced. Jeff made a motion to overlay 1/8^th of a mile East of the intersection of Kansas and 230^th, Nick seconded and all approved.

Jeff said that Roger Bailey a resident on Jubilee Road has a whistle that is filled; Jeff discussed the condition of the road. Jim said he could ditch the road and put a crown in the road so that water will flow properly. Jim said he would view the area.

Jim Harris said that they will start overlaying in a few weeks; he said they will be applying MC30 on one lane and will do the other lane the next day in order to allow the vehicles to get out of the MC30. Jim said they will be applying MC30 near the Blake Quarry.

KPERS 457 representatives, Len Lehmann and Lori Rueschhoff met with the Commissioners and said the following; KPERS 457 has low investment fees and is an additional option for employees to contribute to in addition to the KPERS plan. KPERS 457 is designed to supplement retirement income. The County has fiduciary duties. KPERS 457 is a benefit that the State offers, KPERS 457 offers a reduced liability for local governments, KPERS 457 assets are held in a trust. They would like to offer to the County employees KPERS 457 or would like for the County to consider consolidating the 457 plans to KPERS 457. Lynne made a motion to allow Bourbon County to participate in KPERS 457 immediately, Jeff seconded and all approved. The County will pass a Resolution allowing the participation in KPERS 457.

Lora Holdridge met with the Commissioners; she suggested if the County decides to give gift cards to the County employees instead of doing a holiday meal, the County employees could have a quarterly luncheon in a portion of the old jail in December, (the County employees would provide the food). Jeff suggested using the quarterly luncheon time to present current data to the employees.

Jeff 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, Lora Holdridge and Justin Meeks). No action was taken.

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

Justin Meeks will work with the County Treasurer to advertise to take bids for title work for Bourbon County property tax foreclosure sale.

Jeff took a phone call from Brian Wade; Brian said he didn’t feel the County should spend money to build an evidence and impound facility, but said the money from the sale of the property near the jail should be used to pay off the jail bonds early. Brian was also concerned about the delay in the opening of the jail.

At noon, Jeff made a motion to break for lunch and resume at 1:30, Lynne seconded and all approved.

Jeff made a motion to go into a 10 minute executive session for non-elected personnel to protect their privacy, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and County Attorney Jacqie Spradling). No action was taken.

Justin Meeks gave a revised employee handbook to Nick for review.

The Commissioners discussed the ROZ program; Bourbon County previously participated in the ROZ (Rural Opportunity Zone) program, but did not budget to participate in the program in 2018. Jeff asked that Justin contact ROZ to find out who the past recipients are, if they still reside in Bourbon County and if the program is working.

At 3:45, Lynne made a motion to adjourn, Jeff seconded and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Lynne Oharah, Chairman

(ss) Jeff Fischer, Commissioner

(ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

04/24/2018, Approved Date

April 10, 2018 Tuesday 9:00 am

The Bourbon County Commission met in open session with Commissioner Oharah and Ruhl present and Fischer present by telephone until lunch, the County Counselor and the County Clerk present.

Tammy Helm with the Fort Scott Tribune was also present until lunch.

Lane and Cody Cutler met with the Commissioners; they requested a fence viewing, which will be scheduled at a later date.

Jim Harris presented two utility permits from Housley Communications who is doing work for AT&T; they want to bore under the road at 190^th & Hackberry as well as 225^th & Noble Road. Lynne made a motion to approve both permits, Nick seconded and all approved.

Jim Harris questioned purchasing a mower for the use at Elm Creek, Cedar Creek, the Landfill and public works; Jeff said he got the market price for a used mower he knew of that was for sale, but said it was priced higher than the market value. Jim recommended purchasing a Gravely ProTurn 60 24hp Kawasaki mower from R&R for $6,446.84 (he said that R&B, Landfill and Elm Creek will pay for the mower); Jeff made a motion to purchase the mower from R&R, Nick seconded and all approved.

Justin Meeks discussed the Hairbow Center on Kansas Road; the Commissioners asked that Jim view the area and report back to the Commissioners next week about possibly widening the driveway to support the truck traffic there as well as what to do to the road there.

Lynne made a motion to go into a 10 minute executive session for attorney client privilege with possible litigation, Nick seconded and all approved, (the session included the Commissioners, Jim Harris and Justin Meeks). After the session, Lynne made a motion that per recommendation from KDHE the County will do clean up as a good will effort, he said the County is not admitting responsibility, but just doing clean up at 1480 215^th, Nick seconded and all approved.

Lynne made a motion to go into a 5 minute executive session for attorney client privilege with possible litigation, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and Bill Martin). After the session Justin Meeks said that the Commissioners are his boss, but he recommended that if something is going to be discussed in the Commission meeting, it should be on the agenda. Lynne said that everything should be put on the agenda, unless it is an emergency, he said they still have an open door policy for the public. Kendell typed a letter to notify the department heads about scheduling items on the agenda, Lynne made a motion to sign the letter, Nick seconded and all approved.

Justin Meeks discussed the Opioid litigation; he said that two qualified law firms had met and made presentations to the Commissioners; Lynne said that the law firm Wagstaff & Cartmell stood out to him, Jeff said he agreed. Lynne made a motion that Wagstaff & Cartmell represent Bourbon County in the Opioid litigation, Jeff seconded and all approved. Lynne signed the contract between Wagstaff & Cartmell and Bourbon County.

Jeff made a motion that Lynne be allowed to attend the town hall meetings to discuss the possible County-wide NRP program, Nick seconded and all approved.

Fort Scott representatives Dave Martin, Rachel Pruitt and Larry Gazaway met with the Commissioners; Larry said they previously discussed putting on the ballot the microbrewery license & food sales requirement, but said they should have been considering a drinking establishment license and eliminating the requirement of the 30% of food for that type of license. Larry requested that the Commissioners adopt a resolution stating “We request an election to determine whether the sale of alcoholic liquor by the individual drink in Bourbon County shall be allowed in public places without a requirement that any portion of their gross receipts be from sales of food. Lynne asked that Kendell prepare the resolution for adoption, (the Resolution was prepared and adopted later in the meeting). Justin commended Larry and Rachel for their work on this matter.

Lynne made a motion to go into a 7 minute executive for attorney client privilege with possible litigation, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and Shane Walker). After the session, the Commissioners scheduled the signing of the contract between Bourbon County and Craw-Kan on April 24^th at 11:30.

Lynne made a motion to adopt Resolution 11-18, a Resolution of support for the Osawatomie State Hospital campus, Jeff seconded and all approved.

Lynne made a motion to adopt Resolution 12-18, which stated the following… We request an election to determine whether the sale of alcoholic liquor by the individual drink in Bourbon County shall be allowed in public places without a requirement that any portion of their gross receipts be from sales of food, Nick seconded and all approved. This issue will be placed on the next State general election ballot in November 2018.

At 11:55, Jeff made a motion to break for lunch and reconvene at 1:30, Nick seconded and all approved.

The Commissioners were previously approached by Billard Hammer Hartman Insurance about allowing bids on both County owned property and workers compensation insurance; in December 2017, Bourbon County signed a 3 year contract with KCAMP (for property insurance), however, the workers compensation insurance is an annual agreement. The Commissioners decided to allow BHH to bid on the workers compensation insurance.

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

Justin Meeks said he is proofreading the employee handbook and will present it to the department heads for review.

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

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

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

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

All three of the Commissioners and Jim Harris will be attending a KDOT meeting in Chanute on April 19^th.

Brent Smith met with the Commissioners; he discussed another County which is taxing land that is owned by out of County residents and is used for hunting at a different rate then land that is used for farming. The Commissioners said this has been discussed before, but questioned how land that is locally owned that doesn’t have animals on it should be taxed.

At 3:48, Nick made a motion to adjourn and Lynne seconded.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Lynne Oharah, Chairman

(ss) Jeff Fischer, Commissioner

(ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

04/17/2018, Approved Date

April 3, 2018 Tuesday 9:00 am

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

Tammy Helm with the Fort Scott Tribune was also present.

Travis Klinesmith with Murphy Tractor met with Jim Harris and the Commissioners; Jim said that due to a recent loss of a County tractor in a fire they are looking for a replacement. Murphy Tractor has a used (from the Department of Transportation), 2017 John Deere 612E 4WD 102 PTO, with 32 hours on it for $113,000.00. Jim said that Bourbon County will receive $112,200 from KCAMP Insurance for the loss of the tractor and said Bourbon County will keep the $10,000 head to put on the replacement mower. Jim said if the County purchases this mower they could be mowing with it next week or questioned if the Commissioners wanted to take bids for a new replacement mower, (which would take longer for the County to get a mower). Jeff questioned if the model type was what’s needed for the County use and also questioned the price of the used tractor verses a new tractor. Lynne made a motion to go into a 5 minute executive session for attorney client privilege with possible litigation, Jeff seconded and all approved, (the session included the Commissioners, Jim Harris and Justin Meeks). After the session, Nick said he would prefer to buy a tractor and start mowing. Jeff questioned the purchasing process for the County; he said this is not the only deal out there. Jim stated it was his job to mow in the County and said how and when the Commissioners want him to mow is the decision of the Commissioners. Jim said his goal was to buy good equipment for the County use. Travis said the “E” model is sold to many governmental agencies and said an “M” model is more for farm use and costs more. Nick made a motion to purchase the 2017 John Deere 612E 4WD 102 PTO, with 32 hours on it for $113,000.00, Lynne seconded, Lynne and Nick approved, and Jeff was opposed to the purchase.

Jim Harris presented 10 different quotes for commercial mowers to be used at Elm Creek Lake. Jim recommended the quote from R&R for a Gravely ProTurn 60 24hp Kawasaki for $6,446.84. Jeff said he knew of a used Badboy mower for sale locally, he questioned if the County would want to consider looking at this mower. Lynne made a motion to allow Jeff and Jim to look at the used mower, Nick seconded and all approved.

Justin Meeks said he talked with Jim Harris regarding the right of way for the sign for Timberhill. Jim said the motion and approval of the right of way for the sign is all that is needed for the Timberhill sign in the County right of way and said no additional documentation is needed.

Lynne made a motion to go into a 15 minute executive session for confidential data relating to financial affairs or trade secrets of corporations, partnerships, trusts and individual proprietorships, Jeff seconded and all approved, (the session included the Commissioners, Justin Meeks and Jim Harris). No action was taken.

Tim Travis and Lynne Westhoff with Billiard Hammer Hartman Insurance met with the Commissioners; they are a Bourbon County based insurance agency, with experience in municipalities, they support Live Local and said they were here asking for an opportunity to quote the County property and workers compensation insurance needs. They said if the County used them for their insurance needs, the County could be eligible for dividends. Lynne made a motion, pending the contract expiration date of the current policies, to allow Billiard Hammer Hartman to provide a quote for County property and workers compensation insurance, Jeff seconded and all approved.

Treasurer Patty Love and Justin Meeks met with the Commissioners to discuss the tax sale. Justin suggested waiting to have a tax sale until a Landbank (the Landbank would be only used for properties in the City of Fort Scott) is set up. Justin felt the tax sale could happen towards the end of 2018 or in the first part of 2019. The Commissioners decided they wanted a tax sale to occur in January of 2019.

Debra Engstrom with Security 1^st Title, LLC and Lora Holdridge met with the Commissioners to discuss the future tax sale. Debra Engstrom said if they got the bid to do the title work for tax sale, they would allow 180 days to do the title work. They would provide the Commissioners a current owner search, (which includes a certificate showing the legal description, last deed of record, any open mortgages, judgments and/or liens if any against the current owner and the property address and will attach a copy of the last deed of record and a County printout of the current and delinquent taxes. A current owner search does not guarantee merchantable title. Security 1^st agreed to do the above work for $85/parcel. For $100, in the event the Commissioners or their designee require a 25 year chain of title on specific properties subject to the judicial foreclosure, Security 1^st will provide a 25 year chain of title, the 25 year chain of title includes all of the items included in a current owner search as well as a check of the chain of title back 25 years per the Kansas Marketable Title Act. Debra questioned properties that are in bankruptcy; she said that the prior Treasurer pulled properties that were in a bankruptcy status before the tax sale. She said that some of the properties will be redeemed before they are sold in a tax sale.

Lynne made a motion to have Justin Meeks prepare a bid package for the tax sale work, Nick seconded and all approved.

At 11:49, Lynne made a motion to break for lunch and reconvene at 1:00, Jeff seconded and all approved.

Jim Harris met with the Commissioners; he said he has a vacancy for a motor grader operator and asked for permission to fill the position, (due to the hiring freeze). The Commissioners discussed the hiring process and training that should be required for new hires. Lynne made a motion to allow Jim to hire a replacement motor grader, Jeff seconded and all approved.

Jim Harris said they plan to be overlaying on 230^th by May 1^st.

The Commissioners, Clint Anderson and Justin Meeks briefly discussed the County-wide Neighborhood Revitalization Program that Cherokee County is implementing. The County Commissioners are considering implementing a County-wide NRP program. Justin said he will begin meeting with the different entities around Bourbon County on April 30^th. There was discussion over some of the properties in the City of Fort Scott that are receiving tax incentives or that are tax exempt.

Lynne made a motion to give Justin Meeks permission to talk to the City of Fort Scott regarding re-doing the parking on the North side of the building, Jeff seconded and all approved.

Justin Meeks and the Commissioners discussed the employee handbook.

Nick made a motion that all of the Commissioners attend a department head meeting on April 4^th, Jeff seconded and all approved.

At 3:55, Lynne made a motion to adjourn, Nick seconded and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Lynne Oharah, Chairman

(ss) Jeff Fischer, Commissioner

(ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

04/17/2018, Approved Date

March 27, 2018 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.

Randy Johnson met with the Commissioners briefly; he said he would like to talk to Lynne Oharah at a later date regarding a recent County owned tractor fire.

Jim Harris provided the Commissioners with State Statutes regarding salvage yards; he thought the County could request assistance from the State for enforcement.

Jim Harris said years ago the SEK Solid Waste Committee was formed, but was recently disbanded; he presented a 5 year Solid Waste Plan update to the Commissioners that the State had approved. The Commissioners will have a public hearing on April 24^that 9:30 am in the Commission room to consider approving the Solid Waste Plan update Resolution.

Jim Harris presented information regarding a pothole patching machine; the machine should reduce pothole material cost, require less manpower and provide lasting results. The Commissioners asked for cost comparisons between the current pothole procedure verses using the pothole machine.

Jim Harris presented a request from KDOT to designate a haul road; KDOT wants to use Fern Road to 69 Highway, make a loop around to Eagle, Deer or Calvary on 230^th. Jim said there are 4 areas of concern in this area; 2 culverts, one box culvert and one County bridge. Jim suggested that the County meet with KDOT regarding these concerns; Jeff made a motion that Lynne and Jim meet with KDOT to discuss these concerns, Nick seconded and all approved.

Jim Harris said two employees left the Road & Bridge department and asked for permission to replace the existing positions; Nick made a motion to allow Jim to hire two employees to replace the two that left, Jeff seconded and all approved. Lynne said in 2016 the County cut the Road & Bridge budget by $404,000 he said that currently they are still within the same parameters with the exception of the pay raises that have been given.

Lynne 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, Jeff seconded and all approved, (the session included the Commissioners, Jim Harris, Will Wallis, Justin Meeks and Kendell Mason). After the session; Lynne said that during the executive session they were discussing a recent County owned tractor fire that happened at an employees residence, he said the insurance company is involved and suggested that Randy Johnson meet with Kendell Mason to file an insurance claim; Mr. Johnson said he wanted to talk to Lynne Oharah about some questions he had regarding the fire. Lynne and Randy met privately to discuss the fire.

Julie Saker with Saker’s Roll off service met with the Commissioners; she questioned a fire that occurred last week at Pearson Towing which is the location of the County impound lot. She asked if Pearson’s insurance would be responsible for the vehicles stored at the impound lot; Lynne said they had not been informed, but felt that Pearson’s should be responsible. Jeff questioned if when the storage for seized vehicles was put out for bid if there were insurance requirements; the Sheriff put this out for bid. Lynne said that KCAMP (the insurance company for the County) has been notified of the fire and is investigating.

Lynne made a motion to go into a 3 minute executive session for attorney client privilege with possible litigation, Nick seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

Lynne stated that KCAMP has requested that all insurance claims go though the County Clerk; Lynne suggested that a letter be sent to the department heads to notify them of the need to report all claims to the County Clerk in order for the Clerk to report the claims to the insurance companies.

Justin Meeks met with Randy Johnson; Justin said he would call the insurance company in order to get an assessment done on Randy Johnson’s property, and said if there has been any contamination; they will make sure it’s cleaned up. Mr. Johnson said the issue he has with the tractor fire is that an assessment wasn’t done immediately and now it is raining and the run off and spray off is now running across his property. Justin said that the County does not have the expertise to do the investigation. Justin asked that Mr. Johnson make a claim with KCAMP; Mr. Johnson said he would meet with Kendell to file a claim.

Bradley Prochaska and Ryan Prochaska with Prochaska, Howell & Prochaska LLC Law Firm met with the Commissioners regarding the multi district litigation for the national opioid litigation. They said they have been retained by several counties for the national opioid litigation. They said that there are 117 prescriptions per 100 people in Bourbon County and that Bourbon County is one of the worst in the State. They said it will cost the County nothing to be part of the litigation, but hoped to get monetary relief for Bourbon County and then the County could decide how to spend the money. They said they know that that the State damages will be different than the County damages from the Opioid epidemic. They said they didn’t know the harm (dollar amount) of damages caused to the County. They said the more clients they get in the Opioid litigation, the more they can spread the costs out. They said there will be work required to determine exactly what the problem is, but will meet to get the data. They gave their fee schedule to Justin Meeks. The Commissioners will discuss the Opioid litigation again on April 3^rd.

City of Fort Scott representatives Larry Gazaway, Dave Martin, Allison Turvey, Rachel Pruitt and Rhonda Dunn as well as Bryan and Barbara Ritter with the Boiler Room met with the Commissioners. They want to eliminate the 30% food sales requirement for a microbrewery, but not all of the drinking establishments. This would be the 1st in the State of Kansas. Currently in Bourbon County, 30% of the gross revenue from a drinking establishment has to come from food sales. They need the County support to sell beer without having to sell food. Dave Martin said they were here to discuss an economic development opportunity that would be important to a local business. Rachel Pruitt said the microbrewery doesn’t want a food sale requirement; they do not want to serve food but want to serve beer. Rachel said they are looking for a place for the Boiler Room to move to and said they are planning to move to 2 S. National (which is the old Down Towner building). Bryan Ritter said that in the last 6 months they have been on a business adventure, he said he had heard that microbreweries could bring tourism to Fort Scott. He said they now have a thriving microbrewery and said people are coming specifically to Fort Scott to visit the microbrewery, theirs is the only one in Fort Scott and in Bourbon County. Rachel said that a brew pub sells beer and food and said that a microbrewery is made to serve beer and forced to sell food. Mr. Ritter said they can’t force customers to eat at their establishment and questioned what happens if they don’t meet the 30% requirement. They said there is evidence out there that a microbrewery is a good thing for towns. To eliminate the 30% food sales requirement this would need to be put out to the voters in Bourbon County on a General ballot in a State Election. Jeff questioned if the ballot language (eliminating the 30% food sales requirement) should include all businesses, not just microbreweries. Rhonda Dunn said the microbrewery makes our community more attractive. Rachel said that statistics show that people will travel to visit a microbrewery. Dave Martin said he felt they needed to do what they can to make them successful. Larry Gazaway and Justin Meeks will work on the ballot language. The Commissioners will discuss this again on April 3^rd.

A Joey Bissone a representative from Timberhill’s met with the Commissioners; they are wanting to put a sign up on the top side of the ditch in the County right-of-way, Lynne called Jim Harris to discuss this, Jim said his only concern would be the side vision for 125^th. Justin went to view the sign placement location and then called Joey Bissone to verify the location of the sign; the sign will face east to west and if heading north you will see the sign. Lynne made a motion to allow Timberhill’s to move their sign from the inside of the fence to the outside of the fence at 125^th & Valley Road on the north side of the road on the County right of way, butted up next to the fence, Nick seconded and all approved.

At 12:05, Jeff made a motion to break for lunch and reconvene at 1:15, Lynne seconded and all approved.

Lora Holdridge and Justin Meeks met with the Commissioners to discuss the tax sale. Justin said he received the tax sale information from the Treasurer, he said he would like to meet with Hidden Valley as well as put the title work out for bid. Justin said he would be meeting with the City of Fort Scott regarding the Land Bank. Lora said it would take the title company 3-4 months to do the title searches.

Justin Meeks said as part of his contract to be the County Counselor the County sends him for his C.L.E.; he said this was coming up in June.

Justin Meeks and the Commissioners will be attending a KDOT meeting in Chanute on April 19^th at 12:30.

Kendell reported that a local company had called wanting to bid on the County provided work comp and County property insurance, she questioned if the Commissioners wanted to put these out for bid; the Commissioners felt that the services we receive from our current carriers is beneficial and felt since we were part of such a large pool our rates were competitive, they decided not to put these out for bid at this time.

Jim Harris met with the Commissioners; he said that the pothole patching machine will cost $47.50/ton plus transportation expenses for material costs verses $125/ton for the cold patch mixture (what the County currently uses). The Commissioners agreed to allow Jim to get a written proposal from Total Patcher Incorporated for a used patching machine and put the machine on hold until the County views the machine.

Jim Harris said the County purchased a tanker for $13,000 (to be used to haul tack oil).

Jeff made a motion to allow Justin Meeks to contact Cherokee County to pursue the Cherokee County economic development program, Nick seconded and all approved.

Jeff Fischer and Justin Meeks will meet with Kevin Allen regarding bean hulls on April 2^nd at 1:00 pm.

At 3:39, Lynne made a motion to adjourn, Nick seconded and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Lynne Oharah, Chairman

(ss) Jeff Fischer, Commissioner

(ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

04/03/2018, Approved Date

March 20, 2018 Tuesday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners, the County Counselor Justin Meeks and the County Clerk Kendell Mason present.

Tammy Helm with the Fort Scott Tribune was also present until lunch.

Sugar Valley/Hidden Valley manager Richard Morrell attended a portion of the meeting.

Jim Harris presented the Commissioners with a second set of documents for the 2018 Federal Fund Exchange program; the Commissioners previously approved and signed one set of documents, but they needed to sign two. All of the Commissioners signed the documents.

Jim Harris said the County had paid off the blue Sterling truck and are going to list it to be sold on Purple Wave; he questioned if he should look for a replacement truck at this time (for approximately $42,000 – $85,000). Jim found a replacement truck for $43,000 and it was decided if this truck was purchased the wet kit the County owns could be put on the replacement truck. Jim said a belly dump trailer is sitting about 50% of the time and if a tanker is purchased the belly dumps will sit more often. Nick made a motion to give Jim permission to buy the truck for cash to replace the Sterling truck that is being sold on Purple Wave, Jeff seconded and all approved.

Jim Harris presented a deed from the Department of Transportation for old Highway 54 or Locust Road; Jim said some time in the past, this was dedicated to the County, but the Department of Transportation is just now filing the deed; the Commissioners asked Justin Meeks to review the deed documents.

The Commissioners discussed a pot hole patching machine; Jim said they are $80,000 new, the Commissioners questioned if there were used machines available. The Commissioners asked Jim to review the machines.

Jim Harris discussed chemical bids; he said that Bourbon County residents will be able to purchase up to 160 acres worth of chemicals to control noxious weeds. He said by State Statute, the County has to sell chemicals at 75% of the cost, but can charge a handling fee (in order for the noxious weeds to be controlled). For 300 gallons of Remedy, Roundup and 2-4D; CPS bid $20,121 and Van Diest bid $20,031. Lynne made a motion to accept the bid from Van Diest, Jeff seconded and all approved.

Jeff said he received a call regarding a salvage yard in Mapleton; Jim Harris said he would review laws on salvage yards.

The Commissioners received a thank you note from Dennis Fry regarding work that was done near Elm Creek Lake.

Delwin Mumbower, Louella Howard, Johnny Speer and Ed Guss were present for the discussion of the consolidation of Fire Districts 3 and 4. Lynne made a motion to approve Resolution 09-18, (which residents could benefit from and consolidation could lower the fire insurance rates for residents in the district), which stated “In accordance with K.S.A. 19-3619, we, the undersigned governing authorities of Bourbon County Fire District 3 and Redfield Fire District 4, do hereby consent and request that the Board of Commissioners of Bourbon Country, by unanimous vote and Resolution, move the area of coverage by Redfield Fire District 4, into Bourbon County Fire District 3 and that, the newly formed Bourbon County Fire District 3 be governed by a Five member Board of Trustees designated in accordance with K.S.A. 19-3614 and that those first appointed members be; Scott Shelton, Paul Smith, Donnie Wiggans, Michael Robinson, Louella Howard.” Nick seconded the motion and all approved and signed Resolution 09-18. Justin Meeks commended the person that wrote the petition and said he felt they followed the Statutes to consolidate the fire districts.

Justin Meeks said that it was established by judges orders in 2017; that Fire District #2 (Garland Fire District) falls under Chapter 80 (1501-1559). Justin said if another petition were to be submitted to consolidate Fire District #2 and Fire District #5, the petition would fall under Chapter 80 (1547) and would be placed on a ballot.

Bill Martin and Ben Cole were present to discuss the Opioid lawsuit. Justin Meeks recently attended a meeting in Montgomery County, Kansas which discussed the Opioid epidemic. Justin said that Cherokee, Sedgwick and Pratt are moving forward with litigation regarding Opioids. Four law firms were present at the meeting; he said two of them stood out, one of which has made a presentation to Bourbon County and another one who is willing to make a presentation to Bourbon County. Justin said he felt the County should get involved in the Opioid lawsuit. Justin plans to invite a second law firm to come speak to the Bourbon County Commissioners. Bill Martin said he hadn’t been invited to attend any of the Opioid discussions, but questioned if Bourbon County won money from a lawsuit, where would the money go; Justin suggested that would be up to the Commissioners, but possibly the money would go in the General fund. Bill said if the Sheriff’s department is combating the drugs on the streets, shouldn’t the money go to law enforcement. Jeff suggested that there are many entities that will have to mop up the mess of Opioids. Bill once again said if the lawsuit was won and money was awarded to Bourbon County, where would the money go, the Commissioners said he had a good point, but if the lawsuit was won it would be decided at the end of the lawsuit on where to deposit the funds.

Justin Meeks said on March 26^th @ 11:00 he would be meeting with 2 entities regarding a petition for a fire district.

At 11:45, Lynne made a motion to break for lunch and reconvene at 1:00, Nick seconded and all approved.

Lynne 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 building 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, Nick seconded and all approved, (the session included the Commissioners). No action was taken.

Jeff made a motion to proclaim the month of April as Fair Housing Month, Nick seconded and all approved, Lynne signed the Proclamation.

Lynne made a motion to adopt Resolution 10-18, a wage resolution for Bourbon County employees, adding the position of lead motor vehicle clerk, Nick seconded and all approved and signed the Resolution.

Justin Meeks and the Commissioners worked on the employee handbook.

Craw-Kan employee Bobby Guilfoyle met with the Commissioners; he said they are getting ready to start the fiber install at the industrial park.

Lynne made a motion that the Commissioners be allowed to ride with Jim Harris to a meeting on April 5^th in Paola, Kansas, Nick seconded and all approved.

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

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Lynne Oharah, Chairman

(ss) Jeff Fischer, Commissioner

(ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

03/27/2018, Approved Date

March 13, 2018 Tuesday 9:00 am

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

Lynne asked that Jim Harris make 105^th & Range Road a passable road.

Jeff reported that the County right-of-ways are looking better.

Jim Harris said there is a 1987 International asphalt tanker for sale on Purple Wave; he said the County paid approximately $16,000 in 2017 on freight charges, and estimated that the County could save $12,000 in 2018 and each year after by purchasing the tanker. Nick made a motion to allow Jim to spend up to $15,000 out of the Road & Bridge Sales Tax fund on the tanker, Jeff seconded and all approved.

Lynne made a motion to pay off the Sterling tractor and trailer so the tractor can be sold on Purple Wave, Jeff seconded and all approved.

The Commissioners decided to vote for Bernard O’Brien for the Heartland Rural Electric Cooperative board.

Jeff said he received a call regarding the low water crossing on 240^th; it was requested that the repairs be timed around harvest season. Jim said he felt that 4 pipes could be installed for approximately $10,000 verses $30,000 for replacing the low water crossing. Jim said he would work with Shane Walker to make sure the County has the proper permits.

Justin Meeks arrived at the meeting.

Lynne made a motion to go into a 12 minute executive session for acquisition of real property, Jeff seconded and all approved, (the session included the Commissioners, Jim Harris and Justin Meeks). No action was taken.

Kansas Department of Transportation met with the Commissioners to invite them to attend a KDOT meeting (the Federal Exchange Program will be discussed at the meeting) in Chanute on April 19^th from 8:30-12:30; all of the Commissioners plan to attend the meeting.

Bill Martin and Bobby Reed met with the Commissioners regarding the jail project and top soil and concrete work that is still needed there; Bill said he had approached the Commissioners previously about this and wanted to re-address the concrete work around the generator and fill around the transformer box. Bill had 2 concrete bids; Marberry bid $2,984 for 746 square feet 4” thick, RII Concrete bid $2,492 for 623 square feet of concrete 4” thick. Nick made a motion to approve the bid from RII Concrete, Jeff seconded and all approved.

Bill Martin and Bobby Reed got bids for the landscaping at the new jail; Redbud bid $2,700 (plus the cost of dirt) for the raking, debris clean up, miscellaneous, Skitch’s bid $1,425 (plus the cost of dirt) for flattening out the soil and planting the seed, Phillips bid $1,500 (plus the cost of the dirt) for the planting. Jeff suggested that the volume size of the load of dirt be clarified. Nick made a motion to give Bill the authority to have Skitch’s do the work for $1,425 (plus the cost of the dirt) to do the work at the new jail, Jeff seconded and all approved.

Justin Meeks presented a photo of a sign that Timberhill’s is putting at 125^th & Valley Road.

Bill Martin presented a bill for RTS for the audio work at the new jail for $5,268; Bill said this will cover the issue of the camera system at the new jail that didn’t have audio, (which could have cost approximately $60,000 to correct). Bill requested that this be paid out of the jail project fund; Jeff made a motion to pay the $5,268 RTS bill out of FFE, however it was later revised to pay this bill out of capital improvements, Jeff seconded and all approved.

Lynne made a motion to go into a 5 minute executive session for non-elected personnel to protect their privacy, Jeff seconded and all approved, (the session included the Commissioners, Justin Meeks, Jim Harris and Kendell Mason). After the session, Lynne made a motion that the department heads meet to discuss employees donating vacation time to 2 employees in need, Jeff seconded and all approved.

Delwin Mumbower, Louella Howard, Beth & Ed Guss and John Speer met with the Commissioners; they presented a signed agreement between Bourbon County Fire District 3 and Redfield Fire District 4 which stated “In accordance with K.S.A. 19-3619, we, the undersigned governing authorities of Bourbon County Fire District 3 and Redfield Fire District 4, do hereby consent and request that the Board of Commissioners of Bourbon Country, by unanimous vote and Resolution, move the area of coverage by Redfield Fire District 4, into Bourbon County Fire District 3 and that, the newly formed Bourbon County Fire District 3 be governed by a Five member Board of Trustees designated in accordance with K.S.A. 19-3614 and that those first appointed members be; Scott Shelton, Paul Smith, Donnie Wiggans, Michael Robinson, Louella Howard.” Justin Meeks said the Commissioners have 90 days to approve the consolidation and said he wanted to check with the State of Kansas regarding the consolidation. It was said that the fire service will be as good as before or better and said that possibly the homeowners insurance rates could lower due to the consolidation. Nick questioned if starting today, could Fire District 3 run Fire District 4, Justin said yes. In 2019, the mill levy for the consolidated fire districts could be based on the higher of the two mill levies.

Jeff made a motion to go into a 15 minute executive session for non-elected personnel to protect their privacy, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and Patty Love). After the session, Lynne said that Patty Love was not filling a deputy clerk position, but filled a position with a clerk for motor vehicles, Lynne made a motion to create a new title called lead motor vehicle clerk, this position will have an increased workload, but will not supervise other employees and will be paid a salary range between $11.38 – $13.20. The Commissioners will adopt a resolution on March 20^th, adopting the lead motor vehicle clerk position.

Justin Meeks will attend an opioid presentation on March 19^th at Montgomery County.

Will Wallis and Shane Walker met with the Commissioners. A tornado drill was recently held at the Courthouse. On April 10^th there will be a table top exercise for a downtown fire. Will said there is an active shooter online course available for courthouse employees; Justin suggested making it mandatory for employees to attend the training. Will and Shane will purchase out of their budget an A.E.D. for use at the Courthouse. Will presented an emergency action plan for the Courthouse; he will fill out the plan.

Lynne 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, Jeff seconded and all approved, (the session included the Commissioners, Will Wallis and Shane Walker). No action was taken.

Mark McCoy met with the Commissioners; he reported speeding on Jayhawk Road where the City and County meet.

Lynne made a motion to allow Justin Meeks to work with Mark McCoy regarding the visioning committee, Jeff seconded and all approved. Mark McCoy said that visiting and investigating how other organizations and counties operate, may spur ideas and be beneficial for Bourbon County.

At 11:55, Lynne made a motion to break for lunch and reconvene at 1:00, Nick seconded and all approved.

Lynne made a motion to allow the SEK Solid Waste Operating Authority (which consisted of 9 counties) to transfer a $6,558.22 C.D. to the SEK Regional Planning Commission general fund, Jeff seconded and all approved.

Jody Hoener with Pathways Bourbon County, Frank Halsey, Penny Barnes and Shane Walker met with the Commissioners regarding a walking trail. They want to build a walking trail approximately 1.8 miles long and approximately 5’ wide. The walking trail would start at the Laroche Ballpark and go to 23^rd Street. Frank suggested that the businesses near the trail may create a “adopt a trail program” in order to mow and keep up the trail. It was suggested that the property owners donate the land that the trail will be on to the County and the walking trail would fall on the County insurance. They want the County to donate XYZ for the trail and spray the trail.

The Commissioners signed the Emergency Action Plan regarding the Fort Scott Lake; the plan lists what would happen if there was a major leak at the lake.

Lynne made a motion to go into a 5 minute executive session for attorney client privilege with possible litigation, Jeff seconded and all approved, (the session included the Commissioners and Justin Meeks). After the session, Lynne made a motion to allow an attorney to contact a County employee and to allow the employee to talk with the attorney about a criminal matter if the employee chooses to, Nick seconded and all approved.

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

Justin Meeks said that Larry Gazaway with the City of Fort Scott approached him about changing the 30% requirement of food sales for breweries in the County. Justin said that currently in Bourbon County for every $1 sold, 30% of that $1 sale needs to be from food. The County Commissioners could request that the it be placed on the November 2018 ballot to remove the 30% food sales requirement or the ones that want to eliminate the 30% requirement petition to have this placed on the ballot; the Commissioners said that if they want it on the ballot, then they need to petition to place it on the ballot.

Nick made a motion that the 3 Commissioners attend a department head meeting to discuss the employee handbook on April 4^th, 2018 from 10-12, Jeff seconded and all approved. Justin will notify the department heads of the meeting.

At 4:04, Lynne made a motion to adjourn, Jeff seconded and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

Lynne Oharah, Chairman

Jeff Fischer, Commissioner

Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

03/20/2018 Approved Date

March 6, 2018 Tuesday 9:00 am

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

Nancy Van Etten was also present for the meeting.

Mark and Annette Bohlken and Mr. Howard met with Jim Harris and the Commissioners with concerns on the bridge condition reports for the bridge on Calvary Road; Mr. Howard asked if Jeff had viewed the bridge.

Jim Harris plans to meet with KDOT to see if the classification has changed from RS to OS to determine if State matching funding is available.

Road & Bridge will be patching potholes near 245^th & Indian.

A letter was presented to Jim Harris requesting the withholding of herbicide application near a residence.

Carla Nemecek with the Southwind Extension Office met with the Commissioners; she discussed their staff, Southwind Extension office activities, horticulture, livestock judging. She said that the Southwind Extension district is to expand to include Woodson County effective July 1, 2018.

Lynne made a motion to allow the Commissioners to attend a Road & Bridge safety meeting and lunch on March 7, 2018, Nick seconded and all approved. Justin Meeks also plans on attending the meeting.

Jim Harris was asked to view a bridge at 110^th & Range Road.

Jim Harris presented the following transfer requests; $24,790 from Road & Bridge to Special Machinery, $27,126.00 from Road & Bridge to Noxious Weed and $66,421.00 from Bridge & Culvert to Special Road Machinery. Nick made a motion to approve the transfer requests, Lynne seconded and all approved. Jim Harris and all of the Commissioners signed the transfer requests.

The Commissioners and Justin Meeks discussed the Opioid Crisis; Justin said that the contingency fee is 33 1/3% for the attorneys that met with the Commissioners on February 27^th, 2018 who offered to represent Bourbon County regarding the Opioid Crisis. Justin said he would attend an Opioid presentation that will be done in Montgomery County and will report back to the Commissioners after the presentation. NACO suggested that Counties have data to support the need to participate in the Opioid lawsuits.

There needs to be a boiler inspection done at the new jail site; Nick will talk to Dave Bruner to get the inspection done.

Justin Meeks presented a conservation easement to the Commissioners that needed signed; Jeff moved to approve the conservation easement, Nick seconded and all approved signing it.

Nick made a motion to adopt the no smoking policy letter to be sent out the employees, Jeff seconded and all approved. Justin will email the letter to the employees.

Justin Meeks discussed the zoning in the County.

There was a brief discussion regarding the tax lid and the legislative update that was held on March 3^rd.

The Commissioners adjourned for lunch.

The Bourbon County Attorney, Jacqie Spradling, met with the Commissioners to discuss the contract with the Juvenile Detention Center. The contract between Bourbon County and the Juvenile Detention Center is from 1992; the County can get out of this contract as early as July of 2018. Jacqie said that there have been legislative changes made regarding housing juveniles. Currently Bourbon County pays $10,029 monthly to SEK Regional Juvenile Detention Center, but it is anticipated that the demand to house juveniles will decline. Lynne made a motion that Justin move forward with evaluating the option to terminate the contract with the Juvenile Detention Center, Nick seconded and all approved.

Justin Meeks briefly discussed the Countywide NRP program and the County handbook timeline.

Appraiser, Clint Anderson, said that the valuation notices will be sent out soon; he said there were some changes due to the 2017 soil maps.

At 4:13, Lynne made a motion to adjourn, Nick seconded and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

Lynne Oharah, Chairman

Jeff Fischer, Commissioner

Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

03/13/2018, Approved Date

February 27, 2018 Tuesday 9:00 am

The Bourbon County Commission met with all three Commissioners, the County Clerk and the County Counselor present.

Tammy Helm with the Fort Scott Tribune was also present until lunch as well as Nancy Van Etten (until lunch) and State Representative Trevor Jacobs.

Jim Harris said there are two asphalt trailers for sale on Purple Wave; he felt that they could be purchased for less than $15,000 each to haul oil in. He said the County currently pays $1,000/per trip for freight fees for oil. He felt the trailer could save the County $15,000-$20,000 a year in freight charges. The Commissioners plan to discuss this again on March 6^th. Jim said he would provide the Commissioners with a list of equipment that he felt the County would need to purchase this year. Jim later reported that in 2017 the County purchased 16 loads of oil, costing $16,000 for freight charges.

Lynne made a motion to approve a permit for a natural gas line for Atmos Energy (a new service line) in the County right-of-way near 165^th & Maple Road, Nick seconded and all approved and signed the permit.

Lynne said the County has been mowing the ditches during the winter time, he said the right-of-ways have been neglected and the County is now trying to catch up.

Jim Harris reported that a low water crossing at 240^th south of Eagle had collapsed. He said the road is currently closed for some time; he estimated it to cost $40,000 to replace it. He said they are doing a hydraulic study and will advise the Commissioners. Jeff said he would like to see the history of the inspection reports for this bridge to see if the bridge issue could have been identified earlier to limit risk and to see if there was anything that could have been done to prevent this failure. Jim later reported that the bridge was not on the inventory list. There was a brief discussion over the bridge at 215^th & Wagon Road; Trevor Jacobs said that in 2018 the County could use $130,000 from the Federal Funds Exchange and $97,000 from State funds.

Darrell George met with the Commissioners; he had requested gravel for a road North of Uniontown on 75^th just north of the blacktop; Lynne said he had viewed maps from 1921, 1936 and 1940, Lynne said the 1936 map doesn’t show this as a County road, he said the County doesn’t have the right of way on this road, therefore it is not a road. Mr. George said that previously the County allowed him to get rock from the County quarry to put on this road; he said it wasn’t easy, but previously they could get rock for the road. He said that school buses and mail trucks have previously used the road. Justin Meeks said it appears it was never a road. Mr. George asked if he bought the rock, would the County haul it; Lynne said that the County could not legally do this. It was suggested that he do a petition to make this a road by petition, Mr. George said he wasn’t sure if he wanted to do that. Mr. George said if his property was sold, a neighboring property could be landlocked, Justin said there would be an easement for that property owner. Mr. George reported that there is running water causing an erosion problem at 77^th Terrace and Poplar Road. He also said there is a drainage issue ½ mile south of the schoolhouse at 75^th & Poplar Road; Jim said he would view the drainage issues.

Bill Martin arrived at the Commission meeting.

Lynne reported that T&C Wildlife has been doing work on their property and had lowered the water level on a bridge, showing some erosion on the bridge, which the County is repairing.

Justin Meeks said he will be meeting with a legislature to discuss the Kansas property tax lid. Justin said that a department wanted to and did give additional pay to their employees for retention; Justin said he felt that once a budget is approved by the Commissioners; then the department head has the discretion to spend. Justin said another department currently gives a service award based on years of service.

Justin Meeks presented an email from Kansas Land Trust for a conservation easement located at Unique Road and 69 highway; he said they were asking for zoning regulations, Justin said he would write a letter regarding the County not having any zoning regulations.

Justin Meeks said that Travis Sawyer wants to open up a car dealership near 230^th & Poplar Road; the State of Kansas requires that the dealership fill out an application, on the application the State questions County zoning; Justin said the form would be filled out stating there is no zoning, with Kendell signing and the County seal on it.

Justin Meeks said he is still working on a County-wide NRP program; he presented to the Commissioners documents regarding the County-wide economic development program that Montgomery County is doing. Justin said there is a local business that will be expanding its warehouse space; Lynne made a motion to give Justin permission to move forward with incentives for this expansion, Jeff seconded and all approved.

Justin said he felt there should be a County-wide economic development program. Nancy Van Etten questioned if the State was doing anything to help the County regarding economic development; Justin said yes they do.

Lynne said there is a legislative forum at 10:30 on March 3^rd at Mercy Hospital.

Trevor Jacobs left the meeting.

Attorneys from Kansas City, Brian Madden, Peter Goss and Mike Fleming met with the Commissioners regarding the Opioid crisis. They have partnered up to help rural communities that are suffering due to the opioid crisis. Mr. Madden gave a brief presentation; he said in 2016 in Bourbon County for every 100 people in our County there are 116 opioid prescriptions written. He said a prescription label will indicate what the drug will help, but that it can be legally prescribed for other treatments; he said it is illegal for drug companies to promote off label uses. He said that between 1999 – 2013 the opioid sales and deaths have continued to increase. He said that the current street value of commonly prescribed opioids is $28/pill verses $8 for Heroin. He said that there were approximately 64,000 overdose deaths in 2016. He said that this is a triple epidemic; the first wave being prescription opioid, then Heroin and now Fentanyl. He said the white, working class, under-educated are dying from the epidemic. There was discussion over the amount of money spent marketing OxyContin. Between 1196-2001 OxyContin sales multiplied 30x. He said that evidence is insufficient to determine the effectiveness of long-term opioid therapy for improving chronic pain and function and evidence supports a dose-dependent risk for serious harms. The Oxycodone consumption between 1980-2015 has continued to rise in the USA, and in Europe the consumption has remained steady and much lower than the USA. The opiates usage in Kansas has increased tremendously in the past 10 years. The CDC estimates the total societal costs in the country in 2013 was $78.5 billion; $28.9 billion for higher health care and addiction treatment costs, $7.7 billion in criminal justice costs and $20 billion in lost productivity cost. It was reported that 142 Americans die every day from a drug overdose, overdoses kill more people than gun homicides and car crashes combined, nearly 2/3 of drug overdoses were linked to opioids like Percocet, OxyContin, Heroin and Fentanyl, in 2015 the amount of opioids prescribed in the U.S. was enough for every American to be medicated around the clock for three weeks. There was discussion over the companies producing the drugs and the possible lawsuits. The attorneys said they were interested in talking to local governments about the epidemic. There was discussion over the cigarette litigation; he said previously the cigarette industry paid the State and very little if any went to local government. The manufactures and distributors of the opioids are talking to make a settlement. If they were to file a federal case for our County, they would file it in Kansas, but the case would go to Cleveland, Ohio. They said they want to help local governments with what they’ve spent and what they will have to spend in the future. They discussed the cost to file a case for the County; they said there is no financial risk to the County, it’s a contingency fee, the only burden for the County is to get with law enforcement and find out what costs have been incurred by the County due to opioids. They said that Bourbon County is a good case due to the 116 prescriptions per 100 Bourbon County residents. The Commissioners plan to discuss this again next week.

At 11:48, Lynne made a motion to break for lunch and reconvene at 1:00, Jeff seconded and all approved.

Lynne made a motion to approve Resolution 08-18, (a smoking resolution for County property and County vehicles, Nick seconded and all approved. Justin will notify the employees of the Resolution and the enforcement of the Resolution.

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

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

Residents Dale & Loretta Arnold questioned the road near the Sale barn; the Commissioners will have the noxious weed spray the area.

Justin discussed the recent Visioning Committee meeting and the mills around the County.

Justin Meeks discussed a consolidation agreement (KSA 19-3619) between Fire District #4 and Fire District #3; after each of the fire districts sign the agreement it will be presented to the Commissioners for their approval.

All three Commissioners will attend a Southeast Kansas Regional Meeting in Miami County on April 5^th.

Jeff made a motion to allow the Commissioners to attend an interview with Fox news on March 1^st concerning the fiber project, Lynne seconded and all approved.

At 3:38, Lynne made a motion to adjourn, Jeff seconded and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

Lynne Oharah, Chairman

Jeff Fischer, Commissioner

Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

03/13/2018, Approved Date

February 20, 2018 Tuesday 9:00 am

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

Jason Silvers with the Fort Scott Tribune was also present until lunch.

Jim Harris and Jerad Heckman from Road & Bridge were also present to discuss Road & Bridge issues.

Jim presented a new driveway culvert for Michael Vanzant at 625 Maple Road, Lynne made a motion to
approve the driveway culvert permit, Nick seconded and all approved.

Jim Harris presented an application from AT&T to install a dig pit, (splicing station) at 255^th & Locust Road, Lynne made a motion to approve the application for AT&T, Nick seconded and all approved.

Jim Harris said that the Commissioners had previously approved selling the blue Sterling truck on Purple Wave; he said that the Sterling truck and a trailer have a combined bank note and there is still a debt owed of $14,157 on the truck and trailer, Jim recommended that the note be paid off and the truck be
sold and that the County keep the trailer. The Commissioners want to wait to make a decision on the Sterling until they know
actual ending 2017 balances.

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

Lynne said that he and Jim Harris had viewed an area at 75^th & Maple road at the Uniontown High School; it was
requested that the County provide jaw rock in a pit with 2” rock over the top. Lynne said that most of this area
was in the County right of way; Jeff made a motion to allow the County to haul and provide the jaw rock and 2” rock, Nick seconded and all approved.

Justin Meeks presented a waiver and release from liability between Bourbon County and Drywood Township
(that was signed by the Drywood Township Trustee, Darrell Bloomfield) for the County to store equipment (fuel tank) at the Garland Community Center; Lynne signed the waiver and release form.

Jim presented a project estimate from Norm Bowers with KAC; the project estimate compared the cost of doing road work in house verses’ contracting the work out, it was reported that some of the services cost twice as much to contract out
verses doing the work in house.

The Commissioners and Justin Meeks reviewed the end of month January 2018 reports; Lynne made a motion to allow Justin to discuss the budgeting process for
receipting with auditor Terry Sercer, Jeff seconded and all approved.

Jim Harris reported that the County had the chip spreader machine back. Previously the chip spreader was working on a
slick surface and slid off of the road; Jim said that there will be a truck ahead and behind the chip spreader with chains to keep the machine from sliding off of the road.

The Commissioners and Jim compared the hauling capacity between a dump truck and a belly dump trailer.

Jim said the County rented a dozer and have been using it to remove the overburden at the County quarry sites.

Jim Harris reported that the City of Fort Scott will not loan the County their paver this year.

Nick asked Jim to provide the cost to do one mile of gravel road, (for labor, grader, rock, etc.). Nick said someone
questioned why the County gravel trucks are using the gravel roads leaving the Beth Quarry instead of the paved roads; Lynne said they do that because of the cost of a paved road verses a gravel road. Jim said the road that Nick is referring to is Soldier Road; he said he was instructed to use the gravel road instead of the paved road.

Justin Meeks said there was a 2^nd petition submitted regarding a fire district; he said he sent letters on February 16^th to the second petition submitters explaining the process and the statutory language regarding the petition process. He said the
petition submitters were not represented by council.

Justin Meeks, Nick Ruhl, Clint Anderson and Kendell Mason will meet with the Visioning Committee members John Garrison, Rhonda Dunn and Rachel Pruitt on February 21^stat 10:30 in the Commission room. Nick and Justin will also meet with the Visioning Committee again at 3:30.

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

Justin Meeks discussed a possible neighborhood revitalization program (NRP) in the County; currently the City of Fort Scott has a NRP program. Justin said he had a call from someone that
is interested in a NRP program in the County. A NRP program would rebate a portion of increased taxes due to a
qualifying remodeling or building project for a certain number of years. He mentioned possibly having a 5 year refund
NRP program for residential, 10 year refund NRP program for commercial and a 5 year refund NRP program for agricultural.
The NRP is an application process in the City of Fort Scott that is administered in the Appraisers office. Justin suggested that the County have a public hearing inviting the different entities
in the County that an NRP would affect. The Commissioners will discuss a County NRP program again at 11:15 on February 27^th.

Justin Meeks said he would be in contact with Craw-Kan regarding them leasing a pod in the old jail to store equipment.

Lynne presented the other Commissioners with a code of ethical conduct for County Commissioners from KAC.

At 11:33, Jeff made a motion to break for lunch and reconvene at 1:00, Nick seconded and all approved.

Jim Harris and Jerad Heckman met with the Commissioners; Jim questioned what the County should do regarding the paver for the County since the City will not loan the County theirs this year; no decision was made on this. Jeff said he found it interesting that the City asked the County to provide gravel, the use of the broom etc. for the airport.

Bobby Reed, Bill Martin, Jerad Heckman and Jim Harris met with Justin Meeks and the Commissioners regarding a smoking policy. Bobby said he uses tobacco as an incentive for inmates and said that E-cigs are allowed in the Correctional facility, he said the inmates when they are on work crews are allowed smoke breaks. Bobby said that the inmate’s cigarettes are
not paid for with taxpayer’s money. There was discussion over making the County facilities smoke free but not chew free, Bill said if banning cigarettes then they need to ban tobacco too. Bill said he had his own policy regarding tobacco for his departments. Bobby questioned who would enforce a no
smoking policy; Justin said the staff would have to help enforce the policy. Nick said he had brought up the County
smoking/chewing policy in County vehicles; Bill said he doesn’t allow smoking in vehicles, but does allow chewing tobacco in the cars. Jim Harris said that for Public Works, they
need a no smoking policy in the equipment/vehicles. The Commissioners asked that Justin prepare a
Resolution for adoption on February 27^th, for no smoking, (including Vapor, cigarettes and E-cigs) for the County vehicles and equipment, the buildings are already smoke free.

Jeff is participating in a walk through at the new jail at 10:00 am on February 21^st.

Lynne made a motion to give Justin permission to talk to Bobby Reed regarding a budgeting issue, Nick seconded and all approved.

Bobby said he had a disconnect notice for the electric service at the new jail; he questioned if the prior bill had been paid, Kendell informed him that the bill was paid on February 16^th, she told him the bills need to be in her office 5 business days before the pay out day (the 5 business day rule has been
in effect for more than 10 years) and said the bills are paid on the same days as payroll. Bobby questioned how the
Sheriff and the Correctional Center would get their bills to the Courthouse tobe paid once they move to the new facility; Kendell said the original bills need to be in her office 5 business days before the pay date.

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

The Commissioners, Justin Meeks and Clint Anderson discussed the values of property in the County verses property within the 3 mile radius of the City of Fort Scott.

At 3:43, Lynne made a motion to adjourn, Jeff seconded and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Lynne Oharah, Chairman

(ss) Jeff Fischer, Commissioner

(ss) Nick RUhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

02/27/2018, Approved Date

February 13, 2018 Tuesday 9:00 am

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

Tammy Helm with the Fort Scott Tribune was also present until lunch.

Annette Bohlken met with Jim Harris and the Commissioners; she questioned which bridge
the Commissioners were referring to closing in Drywood Township, the bridge on
250^th or the metal bridge south of Calvary, the Commissioners said it was the metal bridge south of Calvary Road. She questioned what plan the Commissioners had if they closed the bridge
regarding what the access roads would be to 69 highway; the Commissioners said at this time they didn’t have a plan. Lynne said there was no timeline on when the bridge would be closed, but
said it would be closed when the inspector says to close it; Jim said that
unless something changes, the bridge will be closed. The Commissioners said that it could be years
before the access roads are closed to 69 highway.

Lynne discussed a KAC legislative update and said they are setting up a task force to address
roads in rural districts.

Jim Harris presented the 2018 Federal Funds available for Bourbon County;
there is $130,442.31 available less a 25% administrative fee leaving a balance
of $97,831.73. Jim said he questioned if the County could borrow from future funds or if the County could have access to unused funds by other Counties; he said at this point, this wasn’t an option.

Jeff Fischer discussed the City/County sharing equipment; he said there are projects
that need to be done that the two entities could possibly share equipment.

Lynne made a motion to go into a 10 minute executive session for attorney client
privilege, Jeff seconded and all approved, (the session included the Commissioners,
Jim Harris and Justin Meeks). After the session, Jim requested that the Commissioners approve the agreement between Bourbon County and Steve and Deborah Shepard for a quarry at 125^th
& Sycamore; Jeff made a motion to proceed and sign the agreement to open a rock quarry at 125^th & Sycamore on Steve & Deborah Shepard’s property, Nick seconded and all approved, Lynne signed the agreement. This is a 20 year lease for approximately 40 acres.

Jim Harris said KCAMP will present a safety meeting on February 21^st at
11:00 am at the County barn; Lynne made a motion that all of the Commissioners
may attend the safety meeting, Jeff seconded and all approved.

Jeff questioned what the pothole patching policy was; Jim said they do patching when
the staff is available to do the patching.

Lynne asked permission to meet with Joe George, he said the Uniontown Ruritan is
working on a fishing pond at 75^th & Maple Road and they have asked for riff raft to fill an area there on both the City and County right of way; Nick made a motion to allow Lynne to meet to discuss this, Lynne seconded and all approved.

Lynne asked permission for him and Jim to meet with Gale George concerning a road
North of 54 highway between Osage & Poplar on 75^th, Jeff made motion to allow them to meet with Gale George, Nick seconded and all approved.

Lynne made a motion to go into a 5 minute executive session for contract
negotiations, Jeff seconded and all approved, (the session included the
Commissioners, Shane Walker, Justin Meeks and Rachel Pruitt). No action was taken.

Craw-Kan employees Craig Wilbert, Zach Adams and Bob Guilfoyle, Rachel Pruitt with the City
of Fort Scott, Barry Rice with RTS and Casey Russell with Kan-Ran met with the
Commissioners to discuss fiber. Casey Russell said that in late 2010 they began
what they called a cyber task force, he said they met and discussed higher
speed internet and cost effective connectivity. He said these discussions branched out to getting fiber. He said they held public forums and from those forums there were 3 main factors that were discussed; cost, business service offerings and that residential customers felt that the service lagged
behind. He said that the County, City, College and RTS formed connections with potential incumbent providers for solutions. He said they talked to a number of providers to explore what services are out there and what it would take to get their service in our community.
He said they knew that the new jail would need connected to the Courthouse, they knew high speed fiber would be needed at the dispatch and that Craw-Kan was building closer to our community.
He said they talked about having a municipal fiber network, talked about
a blended model which is a utility that is built that is only offered to institutions
(Counties, City’s and School’s) and discussed a community anchored institution
where they pool and share resources, (he said when the ground is opened they
could put the fiber in and build as they go making it cost effective). He said the policies could be built when the time comes to share with private companies and share the resources in the
ground. Craig Wilbert said that they have talked to communities and they all have the same issues with internet and have all demonstrated the need for fiber.
Craig said that Craw-Kan is a member owned utility company and that
their goal is to move towards 100% fiber. He said that Craw-Kan has a growing customer base. The fiber will be 100% buried and will be affordable. Craig said that Craw-Kan has
three independent providers and are community providers that look at the whole town, (residential and businesses). Craw-Kan said that the fiber can be an economic development for our
community. Bob Guilfoyle presented a map of where the fiber has been installed and where they plan to install it in 2018. Bob said they have installed 20 miles of fiber between Hiattville and Fulton as well as from the Courthouse to the new jail. He said they are now working
on 23^rd street in Fort Scott. In 2018 they plan to do the industrial park, the golf course and
downtown Fort Scott and will have some residential customers. They said that the demand
will drive the service in the area and the demand will drive the market. He said that potential Craw-Kan customers can visit ckt.net. Zach Adams said that fiber is built in a ring configuration and that Craw-Kan offers local technical support. Zach said that Craw-Kan would like to do a local survey regarding current service and needs of the community. Bobby said that their fiber
is better than Google fiber. Craw-Kan offers community support, helps local charities, joins activities, joins boards and become members of the community. Craig said that currently Craw-Kan has 10,000 total customers and said that Craw-Kan has the capability of providing the needed capacity. Rachel Pruitt also felt that fiber would have an impact on our community and said that we may have an airport industrial park. Casey said that fiber allows people to work remotely and that fiber may help recruit companies. Craw-Kan would like to lease the G-pod in the old jail to locate equipment (beginning after the jail is vacated and the lease ending on March 1, 2043 with a possible extension at that point). Justin Meeks presented a preliminary draft contract between the County and Craw-Kan for the possible lease; Craw-Kan will review the lease.

Rachel Pruitt with the City of Fort Scott requested a letter of support from the County for Flint
Hills Holding, (Flint Hills Holding is trying to obtain funding to remodel the Union Block building on Main Street for a rental housing development). This is a $5.5 million project. Lynne made a motion to sign the letter of support for Flint Hills Holding, Nick seconded and all approved and signed the letter.

At noon, Lynne made a motion to break for lunch and reconvene at 1:00, Nick seconded and
all approved. Jason Silvers with the Fort Scott Tribune arrived at the meeting.

Shane Walker met with the Commissioners; he said the Pathways Trail is building a
bike/walking trail from the LaRoche Ballpark to 23^rd street. He asked if the County would haul &
donate Xyz gravel for the project. The Commissioners asked Shane to calculate how much Xyz they need for the project.

Lynne said that the City of Bronson previously requested that the County chip &
seal roads in the City of Bronson which the City of Bronson will reimburse the
County for. They would like this project done in 2018.

Nancy Maze wrote to the Commissioners that she was disappointed that 195^th
was removed from the road project list in 2018. She also said that the road near the spillway at the Fort Scott Lake needed repairs; the County will review if this part of the road is the responsibility of the City or County.

Bill Martin, Bobby Reed, Ben Cole and Lora Holdridge met with Justin Meeks and the
Commissioners; Justin said he had researched the Attorney General’s opinion
regarding funding mechanisms. Justin said that one elected official is currently giving bonuses and one other elected official wants to give retention bonuses. Justin said that the Treasurers office
generates money outside the control of the Commissioners and that she has given
some of that money out as an incentive bonus. Justin said that there are
certain things that the Commissioners have control over. He said the parameters are set by the
Commissioners and that the elected officials have to stay within the parameters. Justin said that the A.G. opinion is that funds can only be used for certain items. Justin said he wants to research what the legislature’s intent was when creating the budget cap. Bill Martin questioned who has the authority in the elected official’s office to set the rate. Justin said the A.G.’s opinion is that if a pay plan is established, then they couldn’t give bonuses out. Bill said that the jail/sheriff’s
office have to provide 24 hour service, he said that he understands to watch
the spending but that when preparing their budget they can’t predict what the
costs of some items will be. Lynne gave Justin permission to pursue a conversation regarding the Attorney General’s opinion and meet with Bill to question where he wants to pay the retention
bonuses out of, Jeff seconded and all approved. Bill questioned the difference between a pay plan and a pay rate. Kendell questioned the Commissioners whether
the retention bonuses that the Sheriff is wanting paid out should be paid; the
Commissioners said to wait to see what Justin finds out.

Bobby Reed requested that when the jail moves to the new facility that there are 2
parking spaces on the north side of the building reserved for the correctional
center vans.

Justin Meeks discussed two petitions that the County recently received from residents
living in Scott and Drywood Township regarding the fire district. The signed petition from the Garland area
stated that they “petition the township board of Drywood Township to pass a
resolution approving the creation of Scott Township Fire District #5 with the
expanded boundaries to include all of the current Garland Fire District with
the exception of the area north of Grand”.
The signed petition from the Scott area stated “petition the township
board of Scott Township to pass a resolution approving the creation of Scott
Township Fire District #5 with the expanded boundaries to include the area in
Scott Township covered by Garland Fire Department. The boundary for this area is as follows,
starting on U.S. 69 and Hackberry then East 2 miles to 240^th then
North on 240^th to Juniper then East to State line, then South to Grand,
then West on Grand to U.S. 69, then back North on U.S. 69 to Hackberry”. Justin
said that the petition circulators had not retained an attorney and that the
County can not accept the petitions.
Justin said that there are statutes that need to be followed regarding
the petition process. Justin said he
wrote letters to one township’s petition circulators and will write a letter to
the other township petition circulators notifying them of the petition process. There was discussion over what statute the
fire district falls under.

Jeff
made a motion to go into a 7 minute executive session for public safety, Nick
seconded and all approved, (the session included the Commissioners and Justin
Meeks). No action was taken.

Rodney
Beckham a resident of 2350 45^th Road in Bronson, met with the
Commissioners; he said he went through the process to close a road in 2004, he
said that someone else has purchased a property that uses an easement on his
property to get to their property, he said the other party will not keep the
gate locked or closed and they don’t want the cameras up that he has
installed. Justin said that this issue
falls under a constructive easement and that you can’t land lock someone. It was suggested that he contact an attorney.

Justin
Meeks gave the Interlocal Juvenile Detention Center Agreement to the
Commissioners for review. He said this
was originally signed in 1992, Justin said there is a way for the County to get
out of this contract by giving them a written notice by July. Justin said we are currently spending
approximately $10,000/month to the Juvenile
Detention Center,
but are only housing a few juveniles a month.
The Commissioners and County Attorney Jacqie Spradling will discuss the
contract for the Juvenile Detention Center at a later date.

Steve
Hill met with the Commissioners; he questioned a recent article in the Tribune
that discussed the proposed road plan in 2018.

Lynne
made a motion give Nick permission to work with any outside entities regarding
the visioning committee, Jeff seconded and all approved,

At 3:52,
Lynne made a motion to adjourn, Nick seconded and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Lynne Oharah, Chairman

(ss) Jeff Fischer, Commissioner

(ss) Nick Ruhl, Commissioner

ATTEST:

(ss) Kendell Mason, Bourbon County Clerk

02/20/2018, Approved Date

February 6, 2018 Tuesday 9:00 am

The Bourbon County Commission met in open session with Commissioner Ruhl and Oharah present (Jeff was present by telephone); Justin Meeks and the County Clerk were also present.

Tammy Helm with the Fort Scott Tribune and Nancy Van Etten were also present.

Jim Harris and Nate Taylor met with the Commissioners, (resident Larry Howard was also present for this discussion); the Commissioners and Jim Harris previously held a work session to discuss roads in the County, Jim presented cost estimates to do the following roads in 2018 ; 1 mile of 2” of overlay on 230^th, 1 mile of 2” of overlay on Noble Road, 1 mile of chip and seal on 190^th, a 1” leveling course on Maple Road for 5 miles and 2” of overlay for 1 ¼ miles on Eagle Road. Nick made a motion to accept the proposed roads for the 2018 road program, Jeff seconded and all approved.

There was a brief discussion over the Phoenix Coal Company and the road that was closed in that area; the Commissioners asked Jim to review what the status was regarding Phoenix Coal Company.

Justin Meeks discussed the waiver and release between Bourbon County and Drywood Township; Justin said that the County wants to store a gas tank and a mower at the Garland Community Center, Jim will take the documents to the Drywood Township for signatures.

Justin briefly discussed two bridges in the County (one on 235^th South of Fulton and one on Jayhawk Road) that will each cost approximately $1 million to repair or replace; Justin said that there is no Federal or State funding available for the cost of repairing or replacing the bridges. There was a brief discussion over putting on the ballot for the voters to decide if the bridges should be repaired or replaced or shut down, (no decision was made on the two bridges). Lynne suggested that Jim identify the location of the abandoned metal bridges in the County and the possibility of selling those metal bridges.

There was a brief discussion over the change in percentage for the administrative fee charged for Federal Funding; this fee recently increased dramatically. Nancy Van Etten questioned if the State was doing anything to help the Counties regarding the increase in the administrative fee; Lynne said he didn’t feel they were helping. Nancy said she would question the Legislatures on what projects the State helps fund at a County level. Lynne said he wouldn’t raise sales taxes in the County and felt that we were taxed out.

Lynne 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, Jeff seconded and all approved, (the session included the Commissioners, Jim Harris and Justin Meeks). No action was taken.

The Commissioners again discussed the bridge South of Fulton; they said it would cost $310,000 for the permits and $660,000 to replace the bridge. There are parts of the bridge that could have phased in repairs, but Lynne felt eventually the bridge would need to be replaced. Jim Harris suggested that the bridge either be left or torn down (for approximately $300,000) and that a bridge crossing is built instead.

Jeff Fischer complimented the work that the Road & Bridge crew did on clearing the roads in the recent bad weather.

The Commissioners held a public hearing to discuss a possible 4^th quarry site in Bourbon County, Tammy Helm, Richard Womelsdorf, Jerad Heckman, Jim Harris, Nate Taylor, Nancy Van Etten, Justin Meeks and the Commissioners were present for the hearing; Justin said that the Commissioners are wanting to put a 4^th quarry site in the Northwest corner of the County. Justin said that the County wants to be a good neighbor to the property owners near the proposed quarry. He said that they have collected the data on dust and seismic events at a quarry and will continue to monitor the dust and seismic events. Justin said he felt that the contract is between the landowner of the quarry site and the County, but said in January he sent letters to the landowners within a ½ mile radius of the potential quarry informing them of the possible quarry site. Justin said that the quarries in the County typically blast one time a year and crush rock for 90 days a year. Justin said that the strategic placement of the quarries will save money by having the quarry located close to where the rock is needed. Justin said he believes that legally the County is not creating a public nuisance by opening a quarry. Justin said that he heard back from 2 individual landowners in the area of the quarry that do not want a quarry located there. The two individuals that didn’t want the quarry are Richard Womelsdorf’s sisters, he said that they own the adjoining land and are opposed to the quarry due to the blasting and the dust from a quarry. Jim Harris said they loose a lot of time due to hauling the rock from different parts of the County. Lynne made a motion to go into a 5 minute executive session for acquisition of real property, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and Jim Harris). After the session, Nick made a motion to put on the agenda on February 13^th at 9:30 am to discuss the rock quarry again, Jeff seconded and all approved. The Commissioners previously planned to try and put a quarry on the Womelsdorf property; but the Commissioners later decided not to put a quarry there. Richard Womelsdorf questioned why the County didn’t have a public hearing when they considered opening a quarry on the Womelsdorf property; the Commissioners said they didn’t have to, but are trying to do things differently this time and be a good neighbor. Justin said he would contact the 2 opposing landowners regarding the quarry.

The Commissioners held a jail progress update meeting; present for the meeting were the Commissioners, Justin Meeks, Tammy Helm, Gary Walker and Paige Cannady with Universal Construction, Kevin Rost with Goldberg Group Architects, Bobby Reed and Bill Martin. Kevin said that the kitchen is close to being ready. Gary said something is being fabricated to address an issue with a smoke detector in the kitchen. A stainless steel table for the jail had a hole drilled in it; Kevin and Gary said they would try to find out which contractor damaged the table. Kevin said that there are still things to be done (fastening down items, installing a few monitors and fans), but the majority of the work is done. Nick Ruhl, Bill Martin and Bobby Reed will meet with Universal and Goldberg on February 20^th to do a final walk through at the new jail. It was suggested to have a pre-walk through to identify any items that are not completed. A damaged mixer was delivered to the jail in September that was purchased from Cooks, Bobby said this was brought to Universal’s attention then, and now is still not fixed. The mixer was supposed to have been taken and fixed, but is still damaged. Bobby said he emailed Cooks regarding the damaged mixer, he said he told them we were not paying for the mixer and that they needed to get the damaged mixer and send a new one, but said he hadn’t got a response from the company yet. Bobby questioned a few items that weren’t completed; he said that Shane Walker said he would have about a week to two weeks to do computer work at the jail after the furniture is set. Bill Martin said the delay in the project is no fault of the Sheriff’s office.

At 12:15, Nick made a motion to break for lunch and reconvene at 1:30, Jeff seconded and all approved.

Lynne said he had heard that recently there was a Bourbon County resident that needed an ambulance, he said the person wanted to go to Allen County Hospital due to their medical records and their doctors being there, however; Mercy would not transport the patient to Allen County, nor would they transport the patient to Bronson for the Allen County ambulance to pick up the patient. Justin is going to ask Mercy Hospital for clarification on transporting patients.

Lora Holdridge met with the Commissioners; she presented an ad that she is placing in the Chamber Ad, Lora said after making corrections, she will email to each department the final ad.

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

Bill Martin met with the Commissioners; he said his employees are asking about a retention bonus he discussed with them. The Commissioners said they were concerned about the implications for the rest of the County employees, Bill said “if that’s what it takes to retain personnel”. The Commissioners said they had no concrete view on retention bonuses. Lynne said if you do for one you do for all. Justin said the wage and salaries are approved by the Commissioners and the department heads can control their own budget once it’s approved and to an extent, Bill can spend his budget as he sees fit. Bill said he wants to keep his word and keep individuals for retention; he said he wants to give a retention bonus to all of his employees that were named in an executive session, he said he is going to take care of his people. The Commissioners said if Bill gave a retention bonus to some of his Sheriff Deputies, then the bonus, taxes and deductions will also come out of the Sheriff’s budget. Jeff said he remembered that at one time it was discussed to give one particular employee in the Sheriff’s department a retention bonus and then the next time it was several employees. Bill said he would voucher up for payment retention bonuses for some of his employees.

The Commissioners and Justin discussed the possible retention bonuses that the Sheriff is wanting to give to some of his employees; Justin said once again that once the budget is approved it’s hard for the Commissioners to control their budget. Lynne said that a department is given a budget and they expect the department to stay within their budget. Jeff made a motion to allow Bill to voucher up his planned retention bonuses and that the bonus and the taxes and fees due to the retention bonus come out of the Sheriff’s budget, Nick seconded and all approved.

Justin Meeks said he had talked to Bobby Reed regarding the old supplies from the old jail, (beds, mats, etc.). Bobby questioned if the items could be donated to other facilities; Lynne said he didn’t care if the items were donated.

At 4:17, Nick made a motion to adjourn, Lynne seconded and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Lynne Oharah, Commissioner

(ss) Jeff Fischer, Commissioner

(ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

02/13/2018, Approved Date

January 30, 2018 Tuesday 9:00 am

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

Tammy Helm with the Fort Scott Tribune and Nancy Van Etten were also present for a portion of the meeting.

Larry Howard met with the Commissioners; he has an interest in Eagle Road. Lynne made a motion to have a road planning work session and equipment planning meeting on Friday, February 2^nd, 2018 at 9:00 am, Nick seconded and all approved.

Jim Harris presented the 2018 contract between Bourbon County and the Federal Funds Exchange Program; Jim said that KDOT was charging 15% for administrative fees out of the federal funds and now they will be charging 25% for administrative fees. Lynne questioned and asked Justin to review if KAC could do the administrative work for the Kansas Counties. Jeff suggested visiting with Norm Bowers at KAC to discuss the options regarding the percentage charged for the administrative fees as well as other possible funds available for County projects, (fracture critical bridges). There are a few fracture critical bridges in the County that will require a large sum of money to repair, there was discussion over possibly putting the repair or replacement of the two bridges on the ballot for the voters to decide the future of the bridges. Lynne made a motion to allow Jeff, Jim and Justin to meet with Norm Bowers at KAC regarding possible funding mechanisms for the two bridges, Nick seconded and all approved. Jeff made a motion to sign the document for the Federal Funds Exchange Supplemental Agreement for access to Federal Funds, Nick seconded and all approved, and signed the agreement.

Jim Harris said it was time for the biennial 2018 bridge inspection (they will inspect 138 bridges, 30 low water crossings and 2 fracture critical bridges) and analysis; he said that Schwab Eaton had agreed to do the inspections at the 2016 rates. Lynne made a motion to sign the Schwab Eaton contract for the 2018 biennial bridge inspections for $17,420.00, Nick seconded and all approved.

Jeff said he saw two mowers out mowing, one on 240^th and one on Jayhawk; he said it appeared that they were mowing in ditches that had already been mowed; Jim said they were making a second pass and mowing up to the fence.

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

Nick made a motion to have a budget review meeting on Friday, February 2^nd from 10:30-12:00, Jeff seconded and all approved.

Lynne reported that a contractor was working at the new jail above a stainless steel table and put a hole in the table; Bobby Reed was reporting this to Gary Walker at Universal Construction.

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

Bill Martin and Bobby Reed met with the Commissioners; he said he previously had 3 employees that had resigned, but one had withdrawn their resignation.

Lynne made a motion to go into a 8 minute executive session for non-elected personnel to protect their privacy, Jeff seconded and all approved, (the session included the Commissioners, Justin Meeks, Bobby Reed, Bill Martin and Kendell Mason). No action was taken.

Lynne made a motion to go into a 35 minute executive session for acquisition of real property, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks, Kenny Howard with the Fort Scott Airport, Rachel Pruitt and Dave Martin with the City of Fort Scott). After the session, Nick made a motion to give Lynne the authority to meet with Justin Meeks and Rachel Pruitt regarding the Fort Scott Airport, Jeff seconded and all approved.

At 11:45, Lynne made a motion to break for lunch and reconvene at 12:45 pm, Nick seconded and all approved.

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

Terry Wood questioned why there was a road closed sign at 245^th & highway 54; the Commissioners were going to question Jim Harris about this.

Justin Meeks said he had talked to the City of Fort Scott regarding the Land Bank; he was told that the Land Bank is on hold for now, but said he had talked to the County Treasurer and she was ok with doing the tax sale on August 30^th, 2018. Justin said if the Land Bank happens before the tax sale, then the tax sale will be different than it has been in the past. Justin briefly discussed the NRP program; he said the County (not cities in the County) is trying to mirror the City of Fort Scott’s NRP program for County residents. All of the Commissioners agreed that it was important to promote economic development with an NRP program. All of the taxing entities in the County would have to approve an NRP program. Jeff questioned if there should be a public hearing to discuss the NRP program; Justin said yes he felt that there should be a public meeting.

Justin discussed the opioid epidemic; he said three different legal firms had contacted him to meet with the Commissioners to discuss possible litigation regarding the opioid epidemic. The Commissioners agreed that one legal firm could make a presentation to them.

On February 6^th, 2018 at 10:30 the Commissioners will hold a public hearing regarding possibly an additional rock quarry.

Justin Meeks discussed fire districts; he said he had done research regarding a fire district being unable to fulfill their duties, (lack of volunteers or not being able to operate). Justin said he had talked to the local Fire Marshall about this, but was referred to the State Fire Marshall to discuss this issue.

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

At 358, Jeff made a motion to adjourn, Nick seconded and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Lynne Oharah, Chairman

(ss) Jeff Fischer, Commissioner

(ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

02/13/2018, Approved Date

January 23, 2018 Tuesday 9:00

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

Jim Harris met with the Commissioners and asked for permission to sell the following on Purple Wave; a 1980 688 Case Excavator, a 2003 Chevy 1 ton sign truck, a 1985 ¾ ton Chevy and a 2004 Ford Sterling (which Jim would like to replace) with a blown engine. He said the income from selling these items could be used to purchase another truck. They have been using the Belly Dump Trailers to haul equipment; Lynne said that the Belly Dumps need to be on the road putting gravel down instead of hauling equipment. Lynne said that the Landfill owes Special Machinery money and said with that money along with the money from Purple Wave they could purchase a truck. Jim said in 2018 he would like to reduce one dump truck and increase one belly dump truck. Jeff said he likes the idea of leasing or renting equipment; the Commissioners previously approved renting a dozer for the overburden removal at the quarries, the Commissioners suggested that they use the dozer for all possible projects while it is here. There was discussion over the bridges and low water crossings that will need maintenance that the dozer could be used for. Nick said that if 3-4 employees were hired for a bridge crew, they could replace 3 bridges a year and save money verses hiring the work out; Jim said that currently the County doesn’t have the funds to do 3 bridges a year. Lynne made a motion to give permission to put on Purple Wave the following; a 1980 688 Case Excavator, a 2003 Chevy 1 ton sign truck, a 1985 ¾ ton Chevy and a 2004 Ford Sterling, Nick seconded and all approved.

Jim said that the road by the Landfill will be closed on January 24^th for a culvert installation.

Jim discussed the option of trading in the two currently owned Belly Dump Trailers plus $4,000 each for two new Belly Dump Trailers; Nick made a motion to allow Jim to trade in the two Belly Dump Trailers for $4,000 each for two new ones and pay cash, Jeff seconded and all approved.

Justin Meeks said that he had mailed letters to property owners within ½ mile of the proposed new quarry site, notifying the property owners of the possible new quarry. The Commissioners will discuss the quarry on February 6^th at 10:30.

Jeff made a motion to go into a 3 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks, Jim Harris and Kendell Mason). No action was taken.

Nick made a motion that Lynne is the Commissioner Chairman in 2018 and Jeff seconded.

Bill Martin met with the Commissioners; he said he has 3 deputies that are leaving the Sheriff’s department to work for the Fort Scott Police Department; he said that Ben and he had met with the 3 employees to see why they are leaving, Bill said they weren’t leaving due to administration, but were leaving due to the retirement system being better at the Police Department, lack of personnel in the Sheriff’s department, lack of the option of advancement and promotions (not having a rank schedule), better insurance at the Police Department, Bill said the employees were thankful for the pay raises, but felt that it wouldn’t happen every year, lack of confidence in the Commissioners, the employees didn’t feel the Commissioners supported the Sheriff’s department, and salary. Bill said that he doesn’t micromanage his employees, but rather provides guidance when needed. Bill said 2 of the 3 deputies that are leaving were originally overlooked by the Police Department; he said that the Sheriff’s department gave them their career start in law enforcement. Bill said he has the resignation letters, but has not turned them into the Clerk’s office yet, since they still have time to change their mind about leaving. Bill said the employees are leaving after receiving their 120 hours of vacation for the year and will get paid for their unused vacation time; he said he is taking a hit on salaries due to paying for the unused vacation time. He said he will also now have additional overtime to cover the vacant shifts. There was a brief discussion over changing how the vacation time is earned per pay period instead of receiving it all at the beginning of the year, but no decision was made on this. Jeff said they had compared staff numbers at Allen County to Bourbon County; Bill said you can’t just compare staff, but needed to compare caseload and calls for service as well. There was discussion over employees going back and forth between the City and the County. Bill discussed the County insurance; he said an employee wanted to add a spouse that just had a baby to the insurance (not during open enrollment) and was told by the Clerk’s office he couldn’t add the spouse because it wasn’t a life changing event, the employee then didn’t add the spouse during open enrollment; Kendell questioned Bill on exactly what happened; she said if the employee didn’t do this in a timely manner then yes they wouldn’t have been able to add the baby to the insurance and yes the employee couldn’t add just the spouse if not adding the baby if it wasn’t done during open enrollment, but said yes having a baby is a qualifying event. Kendell told Bill that the employee should have added the spouse during open enrollment in October for the following January (which all employees received a packet stating that any changes, additions or deletions should be done during open enrollment (in October) for the following January coverage year), or could have added the baby to their insurance policy if they had done this within 31 days of the babies birth, per the State’s guidelines on the insurance. Bill said that the Clerk’s office had already told him no once, why should he try to enroll his spouse again. Kendell asked that Bill send the employee to the Clerk’s office to discuss what happened.

Jeff made a motion to go into a 12 minute executive session for non-elected personnel to protect their privacy, Lynne seconded and all approved; (the session included the Commissioners, Justin Meeks, Deb Schoenberger and Kendell Mason). No action was taken.

Tammy Helm with the Fort Scott Tribune arrived at the meeting for the jail progress update meeting.

At 11:54, Lynne made a motion to adjourn the Commission meeting to hold a jail progress update meeting and to reconvene at 1:30, Nick seconded and all approved.

Donald Doherty with Northwestern Mutual met with the Commissioners. He said they looked at approximately 20 different groups. He reviewed the current County insurance policy and the rates; he said our current coverage is very good, he said the rates with the Bourbon County plan are about 5% less per employee than the average plan they looked at, he said the rates are also about 5% less per family than the average plan they looked at. He said that most employers pay between 60%-100% of the employee premium. He said some groups paid 50% of the family rate, but over 90% did not. Don said that he felt that Bourbon County has a plan with a good value; he said it is good for the employees and their families mainly because of the generous and required contribution toward the family cost. He said the County could potentially save money on the group coverage by changing how they pay toward the employee coverage, he said the County could continue to pay 100% of the employee’s policy and much less or nothing towards the family coverage. Don recommended that the County stays where we are on health insurance and said we have good coverage. He recommended that the County not change carriers in 2019. He said we are getting our best value for the dollar and said that most groups would want to join the insurance plan from the State.

Lynne made a motion to go into a 7 minute executive session for non-elected personnel to protect their privacy, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks, Patty Love and Kendell Mason). After the session, Lynne made a motion to give Patty permission to fill a vacant position in the County Treasurers office, Jeff seconded and all approved.

Justin Meeks said he and Nick Ruhl had attended a visioning committee meeting; he said the primary issue that came out of the meeting was property taxes. He discussed the County offering a Neighborhood Revitalization Program (NRP) for property out in the County. Currently the City of Fort Scott offers a Neighborhood Revitalization Program; NRP offers tax rebates for property improvements.

Jeff made a motion to give Lynne permission to talk to City Manager, Dave Martin about employment issues, economic development and the airport expansion, Nick seconded and all approved.

Lynne made a motion to give Justin and Jeff permission to write two letters to the AG office, one letter regarding elected officials and one letter regarding campaigning, Nick seconded and all approved.

Nick made a motion to give Jeff permission to attend a department head meeting on January 25^th, Lynne seconded and all approved.

Lynne made a motion to accept from Fire District #3 the list of trustees and alternates for the Board of Trustees, for Bourbon County Fire District #3, Nick seconded and all approved.

Lynne made a motion to adopt Resolution 07-18, a Resolution which lists the positions that will be voted on during the 2018 Primary Election, Jeff seconded and all approved and signed the Resolution.

Lynne made a motion to give Nick permission to work with Kendell regarding the possible extension of the insurance for the new jail, Jeff seconded and all approved.

David Hixon met with the Commissioners; he reported that the County had been doing side trimming work and had cut his fence as well as pushed trees in the fence rows. He also reported that the ditches need cleaned at 180^th & Limestone. Lynne said he would discuss these issues with Jim Harris.

Lynne made a motion to approve and sign the agreement for services with Tri-Valley for $55,000 (the 2018 annual approved appropriation amount), Nick seconded and all approved.

Nick will be attending a meeting on January 23^rd for SEK Regional Juvenile Detention Center.

Lynne signed a pay application for Pauly Jail for $2,590.78.

At 4:14, Nick made a motion to adjourn, Jeff seconded and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Lynne Oharah, Chairman

(ss) Jeff Fischer, Commissioner

(ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

01/30/2018, Approved Date

January 16, 2018 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 discussed the bridge at 120^th & Grand Road; he said in the past when they have contracted bridge work out it has cost $1,000/foot; the County replaced this bridge and Jim said it cost $30,000 for approximately 96 feet. The Commissioners and Jim Harris had planned on viewing the bridge today, but do to the snow they cancelled the viewing of the bridge.

Jim reported that the Road & Bridge department worked on Sunday and Monday treating and clearing the roads.

Lynne made a motion to go into a 7 minute executive session for non-elected personnel to protect their privacy, Jeff seconded and all approved, (the session included the Commissioners, Justin Meeks, Ben Cole and Kendell Mason). After the session; Nick made a motion that the Undersheriff’s $5,000 additional pay increase be calculated out to an additional $2.23/hour not a flat $5,000 annual raise, Jeff seconded and all approved. Lynne said it was their intent when giving the Undersheriff position a $5,000 annual raise was that it increased the hourly rate.

Justin Meeks said that he had compared KDOT wages to Bourbon County; Jim said KDOT pays approximately $1.00/hour more that Bourbon County, but was unsure how the benefits compared.

Lynne received a report of snow drifting at 488 & Quail Road; he reported this to Jim Harris.

Justin Meeks said that there will be a department head meeting in the future to discuss the County insurance; the County contract with the State insurance will expire December 31, 2018.

Justin Meeks and the Commissioners discussed the longevity pay for Bourbon County employees; there was discussion over the employee turnover rate as well as discussion over keeping experienced people. Justin told the Commissioners that if the health insurance rates continue to rise and other expenses go up, the Commissioners can’t afford to do what they want to do regarding the longevity pay increase. (It had been proposed, but not adopted to change the longevity pay to possibly either $5.00 or $2.50 each paycheck times the number of years a person had been employed with Bourbon County, beginning on the 5^th anniversary.) Justin said the overtime in the Correctional Center and the Sheriff’s department is crucial to the budget. No decision was made to change the current longevity rate.

Jim Harris discussed the overburden removal at the Blake Quarry; he said in the past one contractor has done the removal and has done a good job for a good price. Jim said it is time consuming to bid the work out; he said he would prefer to buy a dozer and remove the overburden themselves. Jim said it cost approximately $100,000/year to do the removal per quarry. This $100,000 is reimbursable from Federal Funds, (Lynne said that the cost of the administrative fee for Federal Funds is going from 10% to 25% and questioned if KAC could do the administrative work for less than 25%). Jim estimated a new/used dozer would cost approximately $400,000. Jim said a dozer could also be used when working on the low water crossings. Lynne suggested that the overburden removal be put out for bid and then revisit comparing the cost of a dozer verses paying someone to do the work once the bid comes back. Lynne and Jeff wanted to bid the work out; Nick said he would prefer to purchase a dozer and do the work themselves, he said that the amount of money spent on the overburden removal could be used for a dozer payment. It was suggested to rent a dozer for $10,000/month. Jim suggested that if they rent one, they rent one that they have the option to purchase in the future. Jim said a dozer could be rented for $10,000/month from Foley and 80% of the rent money could be used towards the purchase price if the County decided to purchase the dozer. Lynne made a motion to give Jim permission to move forward with the renting of the dozer for the overburden removal at 2 of the quarry sites, Nick seconded and all approved.

Jim said he is considering storing salt in Uniontown to save hauling time.

Jacqie Spradling the new appointed County Attorney came to the Commission meeting to meet the Commissioners; she said they are going to make the following changes, she said they are going to try and move an inmate the same day if they are going to the Department of Corrections to save the $35/day for the housing the inmate as well as planning to start handling forfeitures.

Lora Holdridge met with the Commissioners to discuss the chamber ads in the Chamber book; she said the Chamber would do a ¼ page ad for the County for $300, (she said this ad could advertise hours & locations of the offices as well as what each department does, she suggested splitting the cost of the ad from the various departments). Lynne made a motion to allow Lora to move forward with the ¼ page Chamber ad, Nick seconded and all approved.

Lora Holdridge questioned the accumulation of the various items in the basement that are going to be sold; she asked if the County employees would be able to make an offer first before it was sold to someone else; the Commissioners said that some departments are in need of items and they would be able to get the items before it was sold and said that they may consider allowing County employees to bid first before it was sold.

Justin Meeks discussed economic development; he said he has heard that there is a business in the County that is planning on expanding. He said that the City offers Neighborhood Revitalization Program (NRP) to encourage growth and questioned if the County wanted to offer NRP, he said if the County allowed this they would have to allow the NRP for other improvements in the County as well. The NRP is an incentive program that was developed to encourage improvements to properties. The Commissioners all thought it could be a good idea to expand the NRP to the County. Justin asked for permission to meet with the various entities that would have to approve the County offering the NRP program in the County; Lynne made a motion to give Justin the authority to work with the outside groups to pursue the NRP program as well as any available Commissioner, Jeff seconded and all approved.

Justin Meeks and Jeff Fischer recently met with 2 employees in the administrative offices in Topeka; each year the Commissioners should review and approve or not approve the annual statement from various entities, Justin said that the State doesn’t do a fine grade audit on fire districts or municipalities. He said that the editing of the ending cash balances can be done and that transfers of money can be done back and forth between the various expenses. Justin said that the Township can request that an audit be done of a fire district and the Board of Tax Appeals can pay for an audit, but the township would have to pay back the cost of the audit in 5 years. He also said that if a township wanted an audit they could circulate a petition and collect 20% of the signatures and turn the petition into the Secretary of States Office for an audit. Justin said that if anyone believes that there is any criminal activity happening they can contact the Sheriff’s department or the KBI. Lynne made a motion to give Justin the authority to contact Will Wallis and the State Fire Marshalls office to discuss safety issues regarding rural fire departments, Jeff seconded and all approved.

Lynne made a motion to sign a letter of recommendation for Goldberg Group Architects, Jeff seconded and all approved.

The Commissioners were scheduled to have a jail progress update meeting today, however, they did not have one. Lynne said he would get a meeting scheduled for next week.

At 11:43, Lynne made a motion to break for lunch and reconvene at 1:30, Nick seconded and all approved.

Lynne made a motion to have a jail update meeting on January 23^rd at 11:30 in the Commission room, Jeff seconded and all approved.

Lynne made a motion to give Justin Meeks permission to talk with both KWORCC and KCAMP to discuss any training topics available, Nick seconded and all approved.

Lynne made a motion to adopt Resolution 06-18, a wage resolution for County employees, Jeff seconded and all approved and signed the resolution. The resolution gave hourly Sheriff deputies a $1.75/hour raise, the Undersheriff position a $2.23/hour raise, the Correctional Center hourly employees a $1.50/hour raise and all other hourly employees a $.50/hour raise.

Justin Meeks discussed Elm Creek and the leak in the dam; he suggested possibly fixing the cabins and the RV sites for housing (for the hunters who are using the walk in hunting at the Lake as well as others needing lodging in the area) to generate additional income at the Lake. Jeff made a motion to give Justin the authority to evaluate the possible cabin restorations at Elm Creek Lake, Jeff seconded and all approved.

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

Lynne made a motion to go into a 10 minute executive session for non-elected personnel to protect their privacy, Nick seconded and all approved, (the session included the Commissioners, Jim Harris and Justin Meeks). After the session, Nick made a motion to give Jim permission to replace a Road & Bridge employee that retired in January, Jeff seconded and all approved.

Justin Meeks said he would like the Commissioners to set some policy and procedure when someone comes to his office to discuss issues; Lynne said any workplace violence or sexual harassment issues need to go to him.

Justin Meeks and the Commissioners discussed the use of the old jail. Jeff questioned if a portion of the old jail could be used as a data center. Jeff said that at some point soon they need to get into the details on what to do with the old jail. Justin said that the old jail belongs to the public and said that the County can’t compete with businesses.

Nick made a motion to allow Diehl Banwart Bolton to do the 2017 annual audit for Bourbon County for $15,595, Jeff seconded and all approved, Lynne signed the agreement.

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

Jeff made a motion to give Justin Meeks, Lynne and Kendell permission to meet with a non-elected employee to work on an improvement plan, Nick seconded and all approved.

Lynne made a motion for Nick and Justin to attend a Visionary Committee meeting on January 17^th at 3:30 and Landmark Bank, Jeff seconded and all approved.

Jeff requested permission to visit with Dave Martin regarding shared services; Lynne made a motion to give Jeff permission to meet with Dave Martin to discuss shared services, Nick seconded and all approved.

At 4:04, Lynne made a motion to adjourn, Jeff seconded and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Lynne Oharah, Chairman

(ss) Jeff Fischer, Commissioner

(ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

01/23/2018, Approved Date

January 9^th, 2018 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.

Foley Caterpillar representative Archie Moffet met with the Commissioners and Jim Harris; Justin Meeks said he had received and reviewed the finance paperwork for the 2 Caterpillar graders (for financing through Cat Financing with 3.2% interest) with the first payment due in June of 2019. There will be 5 annual payments of $41,998.87 for each grader. Lynne made a motion to sign the documents for financing the first grader, Jeff seconded, all approved and Lynne signed the documents. Lynne made a motion to sign the documents for the financing of the second grader, Jeff seconded, all approved and Lynne signed the documents.

A citizen that lives on Hackberry questioned the Commissioners about the airport expansion and the road that he has heard that will run in front of his property; the Commissioners and Justin Meeks said that he would need to question the City of Fort Scott regarding the airport. The Commissioners said that they were asked if they wanted to close the lake road for the airport expansion, they said not until another road was built.

Lynne made a motion to go into a 10 minute executive session for acquisition of real property, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and Jim Harris). After the session, Nick made a motion to give Jim the authority to work with Frank Young to get the legal description of a partial of 80 acres that Steve Shepherd owns for a possible contract on fourth quarry site, Nick seconded and all approved.

On February 6^that 10:30 am; there will be a public hearing during the Commission meeting to discuss this possible quarry site; Justin Meeks is sending letters to the property owners within ½ mile of the possible quarry site to notify them of the possible quarry.

Jim Harris reported that they need to blast to remove the overburden at the Blake Quarry; he questioned if the County wanted to bid the overburden removal, he said the County doesn’t have the equipment to remove the overburden. Justin said he recommended that the job be put out for bid. Lynne said that local contractor Hubert Thomas has done a good job and probably saved the County money in the past on the overburden removal he had done. Jim said he would need to involve Frank Young for a bidding contract. Jeff said if he was given the quantity, area and thickness of the area of the overburden to be removed he could give an estimate of how much overburden there would be. Jim said he could give footage and depth if the Commissioners want Justin to do a contract. Jim said that this needs to be done in a timely manner to keep the schedule going, he said the blasters are waiting on the County. The Commissioners are going to discuss this again on January 16^th.

Lynne reported that a citizen reported that Soldier Road needs graded.

Jeff questioned Jim if he had addressed the Northeast corner of the ditch with sediment at Soldier and 235^th; Jim said he had not.

Nick made a motion to allow Hester Transportation to dump the wreaths for free from the National Cemetery again in 2018, Jeff seconded and all approved.

City Commissioner, Cheryl Adamson arrived at the meeting to observe.

Lynne said that when the petition was done to create the Garland Fire Department the petition was set up with no statutes attached to the petition, but a statute was later reported on a financial statement. Lynne made a motion to give Justin and Jeff permission to meet in Topeka on January 11^th to discuss the financial aspects and get clarifications on financial issues on fire districts, Nick seconded and all approved.

Justin Meeks said that the County doesn’t have an economic development director or a tourism director, but thought the County needed one. Lynne discussed BEDCO; Justin questioned if the County would refer future or expanding businesses to BEDCO. Lynne said that perhaps the County and City should partner in order to attract businesses. The Commissioners said that they needed to figure out what organization is going to be actively pursuing business opportunities. Lynne made a motion to allow Justin to meet with city employees Larry Gazaway and Rachel Pruitt to discuss economic development, Nick seconded and all approved.

Lynne reported that the City of Redfield lost their last firefighter; he said that Fire District #3 will provide mutual aid for Redfield, but Fire District #3 can’t afford coverage if it’s always a one way street. Lynne said there are funds for the fire district, but they draw from the City funds for this. He said if the fire districts were combined, Fire District #3 could staff the Redfield Fire Department. This was discussed again later in the meeting.

Cheryl Adamson left the meeting.

Bobby Reed, Ben Cole and Bill Martin met with the Commissioners. Ben said that Nick had requested that he meet with the Commissioners to discuss and explain the overtime in the Sheriff’s department. Ben said the Sheriff Deputies work 36 hours one week and 48 hours the next week so there will always overtime. Ben said that their overtime hours are based on worked hours over 43 hours/week. He said they switched to being paid based on 43 hours/week four years ago. The jail employee’s overtime is based on worked hours of 86 hours in a two week period. Ben discussed the various reasons for possible overtime… coverage for the 40 hours of continued education that the deputies are required to attend each year, the coverage for vacation or leave, court coverage, hospital sits, and search warrants, as well as when they are short staff. Ben said that if the raises aren’t given, there will be letters of resignation presented from some of the Sheriff’s department employees (Ben later gave the Commissioners copies of 2 of the resignation letters that the employees plan on turning in if the raises aren’t given), he said if they loose employees then there will be overtime to cover the shifts of any employees that leave. Ben said that there have been 25 deputies since 2010; he said this is a training facility. Justin said he had calculated the cost of the raise for the Sheriff and Correctional Center hourly employees as well as an incentive pay to the other hourly employees. Ben said that the deputies do not feel appreciated; some felt that $1.75/hour increase was a good raise, but questioned him if the pay would continue to increase in the future. Ben suggested having a rank schedule and suggested hiring any new deputies that aren’t commissioned start at the $13.84 rate and then after commissioned receive a $.75/hour raise and then possibly a $1.00/hour raise later on. Ben said if 2-4 new deputies were hired at a lower rate than other long term deputies, they could help cover shifts when others are off or covering elsewhere. Ben said that in the past, their employees weren’t able to use all of their vacation time and said in 2018 they will not be able to use it all. Bobby Reed said he had recently lost 2 more employees in the Correctional Center; one left for additional pay and said that if the raises had already been given they may have thought about staying. Ben said they wanted the Sheriff Department deputies to be moved to an 86/hour pay period if they are given a raise.

Lynne made a motion to go into a 30 minute executive session for non-elected personnel to protect their privacy, Jeff seconded and all approved, (the session included the Commissioners, Shane Walker and Justin Meeks). After the session, Lynne made a motion to allow Shane, Justin and Jeff to meet and have a discussion with Rhonda Dunn concerning employee matters, Jeff seconded and all approved.

Lynne made a motion to allow Justin to form a health insurance committee with department heads, Jeff seconded and all approved.

Nick made a motion for the County to pay the Westar bill for the new jail and then discuss with Goldberg Group the reimbursement of this expense, Jeff seconded and all approved.

Jeff gave Nick the authority to represent the County in the closing on the Couch Street property with Security First, Lynne seconded and all approved.

At 11:50, Lynne made a motion to break for lunch and reconvene at 1:00, Jeff seconded and all approved.

Jim Harris gave the legal description of the Shepherd property (possible 4^th quarry site that was discussed earlier in the meeting) to Justin Meeks.

Jim Harris reported that the overburden removal at the Blake Quarry was 280 feet X 440 feet X 2 feet deep of clay. Jim is going to put the overburden removal out for bid in the newspaper.

Lynne made a motion to pay the fiber bills for fiber going to the new jail, Jeff seconded and all approved.

Jim said he had been questioned if the employees were going to be given raises; the Commissioners said they plan to discuss possible raises this afternoon. Jim said if overtime is a problem for some department then he asked that not all departments be grouped the same.

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

Lynne made a motion to pay and sign the Pauly Jail bill, Nick seconded and all approved.

Delwin Mumbower (Fire District #3), Will Wallis (Emergency Management), Ed Guss (Mayor of Redfield) & Beth Guss, Kirby Martin (with the City of Redfield) Paul Ballou and Tracy Reed (both with the City of Fort Scott) met with the Commissioners and Justin Meeks; Ed Guss said that as of last night, they have no manpower for the Redfield Fire department (Fire District #4). Lynne said that the County has no jurisdiction over the fire departments. Redfield does have a mutual aid agreement with Fire District #3. Delwin said that they do have mutual aid and will respond for medical calls and/or structural fires. Lynne asked what the plans are for the future; Ed said that he hoped to get guidance from Delwin and Justin on what to do. Lynne said years ago, fire district consolidation was discussed. Justin Meeks said that Robert Farmer represents the City of Redfield; Justin suggested that Robert Farmer be consulted if they plan to consolidate. There was a discussion over the lack of volunteers. Ed said that consolidation is a work in progress and said it was going to have to happen, Ed said that for years Marmaton has not been included in coverage for years with Redfield Fire District. Ed said they plan to have a meeting and get input from the citizens as well as possibly recruit volunteers for manpower. Delwin said that Fire District #3 will provide coverage for now. Delwin said that it is no problem for Fire District #3 to respond to calls for Fire District #4. Ed said he was here to get guidance and get an idea on what coverage they have. Lynne suggested that Ed meet with Fire District #3, Will Wallis and Dispatch. Lynne made a motion to give Justin Meeks the authority to discuss with Robert Farmer the issue for Fire District #4 and to discuss this when they are meeting in Topeka, Nick seconded and all approved. Tracy said that they automatically dispatch Fire District #3 for Fire District #4 calls. The Commissioners plan to discuss fire districts again on February 13^th @ 2:00 pm.

Justin Meeks and the Commissioners discussed possible raises; after discussion, Nick made a motion to give the Sheriff deputies $1.75/hour raise to hourly employees, $1.50/hour raise for Correctional Center hourly deputies, $.50/hour for all other hourly employees, and $5,000 annually additionally to the Under sheriff (the Under sheriff position will not receive the $1.75/hour increase), Jeff seconded and all approved. This will be in effect on the January 19^th payroll. Lynne said that departments will have to go the extra mile to control the overtime.

At this point the longevity pay will remain as it currently is.

Nick made a motion to move the Sheriff Deputies to an 86 hour pay period (overtime will be based on an 86 hour pay period), Jeff seconded and all approved. This will be in effect on the January 19^th payroll.

Justin Meeks said that there is a hiring freeze but said that there were 2 help wanted ads in the newspaper, he asked if the Commissioners approved hiring the 2 additional staff; the Commissioners had not. Lynne made a motion to allow Jim to fill the one grader vacancy position, Jeff seconded and all approved. They did not make a motion to fill the other vacancy that has been advertised.

Lynne made a motion to go into a 5 minute executive session for non-elected personnel to protect their privacy, Jeff seconded and all approved, (the session included the Commissioners, Justin Meeks and Kendell Mason). After the session, Nick made a motion to give Lynne and Justin the authority to meet regarding an employee matter, Jeff seconded and all approved.

Justin said he had reviewed the real estate purchase agreement between Bourbon County and AFAD (Briggs) for the selling of land by the new jail to AFAD. Nick made a motion for Lynne to sign the real estate agreement, Jeff seconded and all approved and Lynne signed the agreement.

The Commissioners will attend a jail progress update meeting on January 16^th at 11:30.

Justin and Nick will attend a meeting on January 17^th at 3:30 at Mercy Hospital.

At 3:53, Jeff made a motion to adjourn, Nick seconded and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Lynne Oharah, Chairman

(ss) Jeff Fischer, Commissioner

(ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

01/16/2018, Approved Date

January 2, 2018 Tuesday 9:00 am

The Bourbon County Commission met in open session with Nick, Jeff and the County Clerk present, Lynne was present by telephone.

Tammy Helm with the Fort Scott Tribune was also present for a portion of the meeting.

Jeff made a motion to go into a 10 minute executive session for acquisition of real property, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and Jim Harris). After the session, Jeff made a motion to give Jim permission to discuss the results of recent rock boring samples that were done with the property owner, Nick seconded and all approved.

Nick reported to Jim that there was a large amount of trash dumped on Native Road.

Jeff questioned if the landfill was opened on December 26^th; Jim said it was opened for a few hours for the carriers to dispose, but not to the general public.

Bobby reported to Nick that the heaters on the back side of the cells at the new jail were left turned on high again, Bobby turned the heaters down.

Lynne made a motion to allow any Commissioner to sign the bill for the F.F.E. for the new jail once the bill comes, Nick seconded and all approved.

Nick is calling Goldberg Group to get the Westar bill paid for the new jail.

The Commissioners received one bid from Landmark National Bank for the financing of the two new motor graders, Landmark bid 3.95% with annual payments starting June 1, 2019, Foley Caterpillar quoted 2.98% when they presented the price for the graders; Jim said he would verify with Foley on when the 1^st payment would be due and notify the Commissioners later in the Commission meeting. Jim later reported that Foley quoted 2.98% with a payment due in 2018, but Foley offered 3.2% interest for 5 years with the first payment due June of 2019; the Commissioners asked that Jim get paperwork for financing with Foley with the first payment due in 2019.

Justin and the Commissioners viewed a map of the roads near the airport; there was discussion over the City of Fort Scott possibly obtaining land to build a road on for the airport expansion. Jeff made a motion to go into a 5 minute executive session for acquisition for real property, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and Jim Harris). No action was taken. Later in the meeting, Justin said that the City is in negotiation with possibly parties regarding the road for the airport.

At 9:45, Jeff made a motion to adjourn in order to attend the funeral for Randall Readinger and reconvene at 1:00, Nick seconded and all approved.

Jeff made a motion to go into a 10 minute executive session for attorney client privilege with possible litigation, Nick seconded and all approved, (the session included the Commissioners and Justin Meeks). After the session, Jeff made a motion to extend the closing date through the end of February for the purchase agreement between Bourbon County and Briggs Automotive, Nick seconded and all approved.

Nick made a motion to go into a 15 minute executive session for non-elected personnel to protect their privacy, Jeff seconded and all approved, (the session included the Commissioners, Justin Meeks and Kendell Mason). After the session it was decided that Jeff and Justin would meet with employees in a department to verify what was witnessed with a customer.

Nancy Van Etten arrived at the meeting.

There was a discussion over the Commissioners reviewing the annual summary for the various entities in the County, (an annual summary is filed with the County Clerk reporting the revenue and expenses that the entity had for the prior year, and this information is used for their budgets). Entities get income from taxes; Jeff said he felt that the Commissioners oversee the expenses for the entities. Jeff said that one entity previously reported a $10,600 as an expense but was actually a transfer. Jeff said that if he knows something is not right he is not going to approve it if he knows it is incorrect. Jeff said he found two kinds of reporting errors, he said 3 & 4 years ago, one particular entity had beginning balances that did not match ending balances for the previous year, he said that either money disappeared or there was a spending frenzy in November or December. Nancy Van Etten questioned if there was an incorrect report where would that information go; Nick made a motion to give Justin Meeks the authority to call the Department of Administration to set up a date and time for Justin and Jeff to meet with them to discuss the annual summaries and possible discrepancies, Lynne seconded and all approved.

Jeff made a motion to adopt Resolution 01-18, holidays and closed days for Bourbon County employees, Nick seconded and all approved.

Jeff made a motion to adopt Resolution 02-18, a resolution concerning the waiver of generally accepted accounting principles, Nick seconded and all approved.

Jeff made a motion to adopt Resolution 03-18, reimbursement for travel expenses, Nick seconded and all approved.

Jeff made a motion to adopt Resolution 04-18, a resolution to designate depositories and the official publication carrier, Nick seconded and all approved.

Jeff made a motion to adopt Resolution 05-18, a resolution naming Dr. Gugnani as the Bourbon County Health Officer effective January 1 – December 31, 2018, Nick seconded and all approved.

Justin and the Commissioners discussed the proposed raises for the hourly employees; Justin said if the overtime and amount of hours continues as it is on the January 5^th payroll (which has two holidays on the check), then the County can not afford to give the raises. Jeff suggested delaying the raises until the County knows the true costs of the new jail (utilities, etc.). Justin suggested that the employees be given a one time pay verses an hourly increase. It was also suggested that a $.75/hour raise be given across the board to hourly employees due to the concerns in the amount of extra hours & overtime and then at a later date consider additional raises. It was decided to discuss any potential raise in 2 weeks after viewing the amount of hours and overtime on the next paychecks.

At 4:12 pm, Nick made a motion to adjourn, Jeff seconded and all were in favor.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Lynne Oharah, Chairman

(ss) Jeff Fischer, Commissioner

(ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

01/09/2018, Approved Date

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