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December 7, 2021                      Tuesday at 9 am


The Bourbon County Commission met in open session with Lynne, Jim, Clifton, the County Counselor, and the County Clerk.

Those in attendance: Bob Jackson, Jason Silvers, Clint Walker, Anne Dare, Kevin Davidson, and Ben Cole.

Clifton made a motion to approve the minutes from the previous meeting; Jim seconded, all approved.


Eric had no permits.  We have two items on Purple Wave with an expiration of January 11, 2022.  We have received two bids at this point.  The bridge on 160th south of Fern has a timeline of October 17th for bids.  Windmills – they are continuing the reclaiming process.  The windmills are in the testing phase.


Bill Martin stated that Deputy Bobby Jackson was there to discuss the SRO position that is currently funded by grant monies and is wondering what the county wants to do to continue this position.  Clifton made a motion to amend the agenda to have Jim Harris speak first on the SRO position with Deputy Bobby Jackson to follow.  Jim seconded.  All approved.


Jim stated the SRO position is nothing new.  It is needed in our school system and if we can work with the City of Fort Scott and USD 234 we need to.  We have to take this seriously.  Bill Martin stated that he wanted it on record that the Fort Scott School District already has an SRO position in place.  That position is funded by the city and the school district.  Jim stated that the position in Uniontown is funded by a grant that Bill obtained.  I believe that there needs to be more coverage for both schools.  Bill stated that he has tried since he has been sheriff to get an officer for the Uniontown school district.  Two years ago we received a grant to fund this position.  Deputy Jackson stated that he is the SRO for the Uniontown school district and is responsible for 483 students plus faculty and administration.  I have all confidence in the Fort Scott Police Department.  You are willing to fund a position at the school in Fort Scott and in the past, this commission has not been willing to fund the same for Uniontown.  Susan Bancroft stated that we are supporting USD 234 because 25% of this grant is paid for by the county.  Bill stated, in conclusion all children’s lives matter and there should be SRO officers in every school in the nation.  Clifton stated that we wasn’t sure what was being asked.  The SRO position is paid for over the next year and a half.  Bill stated that this would be brought up again at budget time next year for the 2023 year.  Jim made a motion for Bourbon County to enter into an agreement with the City of Fort Scott and U234 school district in a joint shared service SRO position to be utilized for USD 234.  Justin Meeks requested a motion be made for an executive session.  Clifton made a motion to go into executive session for 15 minutes, KSA 75-4319(b)(2) For consultation with an attorney for the public body or agency which would be deemed privileged in the attorney-client relationship.  Possible litigation returning at 9:42am.  Jim seconded.  All approved.  This will include the 3 commissioners and county counselor.  Clifton made the motion to resume normal session at 9:42am with some action.  Jim seconded.  All approved.  Jim withdrew his motion of the SRO position until further notice.  Clifton seconded.  Jim stated that the county counselor and city attorney need to be involved checking out some legality parts of it that needs to be addressed.  My intent was to start the process with that motion but we need to get some other folks involved before I finalize that motion. All approved.


Lora Holdridge presented a road closing.  They are going to Mr. Oberst a new entrance into his field so that he’s not coming off Hwy 7.  Clifton asked if there were two landowners on this closing and Lora confirmed.  Lora stated both landowners were in favor.  Jim asked Eric if he had any complaints or concerns with the one off of Hwy 7 on Deer Rd.  Eric stated no.  Lora stated when the landowners found out that the county wouldn’t be maintaining the whole road, the landowners didn’t want to close the whole road.  The second closing will be on next week’s agenda and it will be the whole road.  Lynne made a motion to adopt resolution 31-21 vacating a road in Pawnee Township in Bourbon County, KS.  Jim seconded.  All approved.


Lynne stated the resolution in support of Landowner Rights had been reviewed and needed modification.  I believe, we as commissioners should make the modifications.  Justin stated that he had reviewed it and would need input from the commissioners.  This resolution would be trumped by any state or federal statutes.  Lynne stated this would be discussed the first meeting in January.


Lynne stated Michael Dallman, from Dept of Revenue, will be giving a presentation of ratio study results and valuation appeal data to the county commission.  We have to go through this process at the state level.  Mr. Dallman stated that by statute we have to have conversation with counties regarding prior year regarding compliance.  A scorecard is used to determine compliance.  He gave a review of the 2021 substantial compliance review.  He stated Matt Quick is doing a good job and some of the issues on the report have already been taken care of by Matt and doesn’t foresee them being an issue in the future.


Lora Holdridge brought a second road closing.  Jim asked Eric if he had any recommendations.  Eric said they had looked at it and supported a closing.  He stated it is a very low maintenance road.  He requested getting the “dead end” sign back.  Lynne made a motion to pass resolution 32-21 vacation of a portion of Valley Road.  Clifton seconded.  All approved.


Justin asked for an executive session for attorney – client privilege.  A study was done in 2006 in regard to an overpass over Burlington Northern that runs through the city of Fort Scott.  Traffic flow has been a problem getting to the east side of town.  The study then indicated a cost of $78,000,000.00.  There are some things happening currently in our county that has brought this back to importance.  We have some infrastructure monies that could be potentially coming down the pike with economic development.  With your permission I would like to work with Mr. Harrington on this to get some funding.  Lynne made a motion to give Justin permission to work with Mr. Harrington on the overpass project.  Jim seconded.  All approved.  Justin asked for an executive session for 15 minutes.  It is a contractual issue between the commissioners and the healthcare provider.  Clifton made a motion for an executive session KSA 75-4319(b)(2) For consultation with an attorney for the public body or agency which would be deemed privileged in the attorney-client relationship including three commissioners and county counselor for 15 minutes returning at 11:09am.  Jim seconded.  All approved.  Clifton made a motion to return to normal session at 11:09am with no action.  Lynne seconded.  All approved.


Justin gave a quick update on the tax sale.  Sale date is still planned for January 13th and hoping to have a sale each 4 months following the first.


Susan stated that budget amendments would be coming next week.  There will be four funds that will need amendments.  We received more cash and just giving authority to spend.  I’ve worked with the Clerk’s office and have balanced through October, but October isn’t listed on here.  We have January through September and then we finished up October last night.  Susan handed out reports to each commissioner.  There is about $21,000.00 that needs to be cleaned up.  There is $21,000 more than what is indicated.  There are some entries that weren’t made and need to be.  This is one account and there are three more.  This is my main focus.  When I get done with all accounts, I will bring you every account reconciled and a cash report from CIC and those two should match.  Once we get to that point we are in balance.  I’ve met with Shane Walker and Eric Bailey and let them know where they stand at this point.  I was asked by the Chairman to get some type of request form to get on the agenda.  So that we have some idea upfront what is going to be discussed, gives time for you to prepare, and also asking people to give us documents so that you have time ahead to review.  Susan gave a copy of the form to each commissioner.  The form will go to Susan initially.  She will review and then get it to Ashley.  This will allow the commissioners to know ahead of time what topics will be discussed.  Susan asked for an executive session for acquisition of real property.  Clifton made a motion for executive session KSA 75-4319(b)(6) For the preliminary discussion of the acquisition of real property including three commissioners, Susan Bancroft, Justin Meeks, and Eric Bailey for ten minutes returning at 11:27am.  Jim seconded.  All approved.  Clifton made a motion to return to normal session at 11:27am with no action.  Jim seconded.  All approved.


Anne Dare commented on last week’s meeting regarding Freedom Frontier.  She stated it is in Freedom’s Frontier management plan that their goal is to influence land use policy.


Ashley asked if the commission wanted to give gift cards for Christmas this year as was done last year.  Clifton made a motion to provide $25 gift Visa gift card for each employee.  Jim seconded.  All approved.


Lynne made a motion to amend the agenda to allow Eric Bailey time to discuss the landfill.  Jim seconded.  All approved.  Landfill will be open on Thursday, December 23rd until 12 noon.  The landfill will be closed on Friday, December 24th and Saturday, December 25th.


Clifton made a motion to go into executive session under KSA 75-4319(b)(4) to discuss data relating to financial affairs or trade secrets of corporations, partnerships, trusts and individual proprietorships, held offsite at 200 S Main, including county commissioners, city commissioners, Susan Bancroft, Rob Harrington, and Noble Health returning to resume normal session at 1:30pm.  Jim seconded.  All approved.


At 1:30pm Clifton made a motion to return to normal session.  Jim seconded.  All approved.


Lynne stated he had received a call regarding the lighting at the hospital at the main entrance.  Jim stated he will check it out.


Jim made a motion to adjourn.  Clifton seconded. All approved.


Meeting adjourned at 1:35.




(ss) Lynne Oharah, Chairman

(ss) Jim Harris, Commissioner

(ss) Clifton Beth, Commissioner


Ashley Shelton, Bourbon County Clerk

December 14, 2021, Approved Date