January 21, 2020 Tuesday 9:00 am
The Bourbon County Commission met in open session with all three Commissioners, the County Counselor and the County Clerk present.
Barb Peine, Nancy Van Etten, Michael Hoyt, Mr. & Mrs. Richard Clark and Jason Silvers (with the Fort Scott Tribune) were present for a portion of the meeting.
Jim Harris and Jerad Heckman with Road & Bridge met with the Commissioners; Jim asked for permission to sell on Purple Wave a 1998 New Holland mower that needs approximately $20,000 in block repairs (Jim said they initially paid $27,000 for the tractor), and replace the mower later on for use in April. Nick made a motion to put the New Holland on Purple Wave and Jeff seconded, but Jeff asked if Jim had considered selling the New Holland to R&R or having the local company repair the tractor; Jeff said the out of town companies being used aren’t paying local taxes. Jim said his opinion was that there was a lack of service with R&R. Jim suggested that he could visit with the owner of R&R to talk about service; Jeff suggested tabling the motion until Jim visits with R&R about service, the market value if sold to R&R and the replacement cost with R&R. Lynne made a motion to table the motion until next Tuesday, Nick seconded and all approved.
Jim Harris reported they are blasting this week at the Thomas Quarry, patching on 240th and putting brine down due to predicted bad weather.
Jeff Fischer discussed the low water crossing at 250th & Deer Road, he said it was reported that there are plugged culverts under the bridge. Jeff said when considering closing bridges they need to consider alternate routes for the large equipment use.
Jim said the low water crossing on Grand Road will need to be replaced with another low water crossing.
Representatives from Polsinelli Law Firm met with the Commissioners regarding the Apex Wind Energy; Justin Meeks said they were scheduled to meet with the Commissioners this afternoon, but could not be here this afternoon. The decommissioning agreement was discussed; Mr. Anderson said the wind project is a $300 million dollar investment project, banks are involved in financing, (banks invest in the project, the banks hire lawyers and engineers to watch over the project). He said in Kansas there has never been an abandoned project. The decommissioning agreement is done to give the County and citizens a level of comfort. The decommissioning contract is between the contractor and the landowners. Securities are put in place for the decommissioning of a project or a security could be put in place for the County to hire the work for the decommissioning. Nick Ruhl asked if a project is decommissioned, is the concrete in the ground removed or just the wind tower; Mr. Anderson said the concrete is removed 48” below ground. Barb Peine asked where the concrete is disposed of; the Commissioners said a lot of people want concrete fill or the landfill could use the concrete. Mr. Anderson said the wind turbines are located on private property with an agreement with property owners, he said it is not just a decommissioning agreement for just the towers, but also restoring the land back to prior use. The Road Service Agreement was discussed; engineers will be involved regarding the roads to use. Mr. Anderson said they have 20 years of experience with putting road use agreements in place. The Company will use the roads and will have to improve some roads. The Company pays for any needed improved construction of roads for use, some roads will have to be improved for the company to use, and the roads used are usually restored to as good as or better than prior use. The construction company does any maintenance for any damages caused by their company. Turn radiuses may need to be installed temporarily. The County will have to approve the roads to be used. 100% of the road repairs (both the expense and the work) will be the company’s responsibility, they will work with the County on the repairs. The roads to be used have not been identified yet, nor are the layout of the wind turbines final yet. The Company will minimize the temporarily closed roads, they will coordinate with the County on temporarily closing the roads; there will be some inconveniences. There was a brief discussion over the Kansas 10 year tax abatement for energy projects. Mr. Anderson said the development of a wind farm project can take up to two years, after that, construction takes approximately 7-9 months. Mr. Anderson said they have decades of history for wind farms; he said in counties where the wind farms projects are done the County will typically want more wind farm projects. He said the utility companies will benefit from more power going into a power pool. He said there will be retirements of some energy plants since there are other energy sources cheaper to operate; he said he wasn’t saying that coal was going away, but there is a storage issue for coal. He said solar energy is more expensive than wind energy, but thought in 4-5 years solar would take off which would be great for rate payers. The energy produced from the wind turbines go into a power pool along with other sources of energy. Barb Peine questioned if the air temperature would shut down the turbines; Mr. Anderson said there are conditions that could shut down the turbines. There was a question on a timeline for executing the documents; Justin Meeks said he was still reviewing data.
Jess Milburn met with the Commissioners; he has JC Restoration Company and had previously put a quote in to do work on the east Courthouse steps. He said he would like the do other work (caulking and windows) to the Courthouse as well. The Commissioners plan to discuss the bids for the east Courthouse steps on January 28th.
Mr. & Mrs. Richard Clark met with the Commissioners; Richard asked what effect the Commissioners had on rural fire departments. He discussed their homes proximity to a fire station and their fire insurance rates due to the distance between their home and a fire station; Lynne said the fire departments are independent taxing entities and each has their own board of directors. Jeff suggested he talk to Don Banwart.
Kim Simons met with the Commissioners; she questioned the fact that APEX was on the agenda for later in the day, but had already met with the Commissioners. Jeff explained that they could not meet during the scheduled time due to a scheduling conflict so they met with the Commissioners earlier. The Commissioners reviewed what was discussed with APEX. Nick made a motion that on February 11th the Commission meeting begin at 1:30 – 4:30, break for lunch and have a windmill discussion from 6:00 – 7:30 pm, Jeff seconded and all approved, the location of the meeting will be determined, Jeff said a lot of issues can be investigated and addressed and APEX could address John George’s suggestions and maybe have an open question format to engage in dialogue. Kim Simons suggested having APEX respond to questions during this evening meeting. It was stated that this is a private contract between the landowners and APEX; Justin Meeks said it was his job to protect the County from litigation. Michael Hoyt suggested that the Commissioners get involved in the personal contracts so they could help the landowners understand the contracts. Justin said they don’t know the exact location of the windmills (or how many) so they don’t know what roads they will use, nor do they know the PILOT amount. Kim Simons said her daughter recently moved back to this area and her home is a few miles from the location of the wind farms; she said her daughter has migraines and this health issue is a concern with the wind farms. Justin said landowners have every right to sue as a civil recourse and said they can’t stop private landowners from allowing the wind farms without zoning. Justin said we can’t stop APEX from building but could prevent them from using the County roads. There was a discussion over different banks having different policies when it comes to financial institutions loaning on properties that have liens attached.
Jody Hoener discussed the Bourbon County business incubator guidelines. She said the Chamber of Commerce would review the applications received for the space. Justin Meeks will need to provide a lease agreement for the space. The goal of the business incubator is to get people in a place where later on they can rent or own space elsewhere. She said the types of businesses they are looking for are – for profit entities, research and development, technology oriented and innovative traditional entities. The focus areas are financial and insurance service industry, arts and recreation service industry, information media and telecommunications industry and professional, scientific and technical services industry. Jody said the business incubator was included in the E-Commerce project application. Michael Hoyt suggested considering allowing non-profit businesses to stage it; Jody said they are structuring for profit entities. They are looking for people (businesses) that will grow our economy. Lynne made a motion to support the business incubator and present this to the Chamber, 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, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and Kendell Mason). No action was taken.
At noon, Lynne made a motion to break for lunch and reconvene at 1:30, Jeff seconded and all approved.
Lynne made a motion to approve Resolution 09-20 changing the mileage rate to 57.5 cents a mile, Nick seconded and all approved and signed the resolution.
Lynne made a motion that the Commissioners sign the agreement with Tri-Valley (allocating in 2020 the $55,000 for appropriations), Nick seconded and all approved.
Lynne made a motion that the Commissioners sign the KWORCC safety inspection report, Nick seconded and all approved and signed the inspection report.
Lynne made a motion to adopt Resolution 10-20; a resolution approving increasing the appraiser’s wages (per the appraiser’s contract), Nick seconded and all approved and signed the resolution.
Lynne made a motion to have Diehl Banwart Bolton perform the 2019 audit, Jeff seconded and all approved and Lynne signed the agreement.
Lynne Oharah and Jody Hoener as members of the Ruritan have been working with the City of Uniontown, USD 235 and the Girard Hospital with the concept of a health clinic in Uniontown. She asked for a letter of support from the County. Lynne said the Ruritan is getting the public involved in the process. Jody said she had talked to the president of CHC; they said this would not affect CHC’s plans. Jody said grant funds are available to help fund the rural healthcare. Nick made a motion that Jody drafts a letter of intent to support the health clinic (no commitment of tax payer funding) and that Lynne sign the letter, Jeff seconded and all approved. Lynne later read and signed a letter of support that Jody had written to the Girard Medical Center for a health clinic in Uniontown.
Robert Leisure with EMS gave the Commissioners an EMS update; in December 2019 they responded to the following types of calls: there were 209 calls for service, 166 transports, 43 no transports, 69 transfers (61% of the transfers went to Pittsburg), 9 lift assists and 4 standbys. He said since March 1, 2019 there have been 2024 calls for service. He reported that EMS vehicle #5 had overheated near Louisburg; this was due to a crack in the intake, which was fixed under warranty by a dealer in Louisburg. He reported they have been using the McGrath and Life packs that were recently purchased. He said they have received the medical directors proposed contract. Mr. Leisure reported they use KDOT or KANDRIVE during inclement weather for the ambulance service; he said if they advise to not travel during inclement weather, they do not travel.
The following were present for the wind farm discussion; Chris Knapp, Aaron B., Mike Wunderly, June Bloomfield, Marilyn Flagg, Marla Koester, Shirley Palmer, Barbara Severt, Pam Fowler, Nancy Van Etten, Anne Dare, Brent Smith, Michelle Lechevalier, Mika Milburn Kee, Barbara Peine, Kim & Ashton Simons, Reitha Clark, Michael Hoyt, Karen Kellenberger and Bill Keith. Jeff reviewed what the Polsinelli Law Firm presented to the Commissioners earlier in the day. Jeff discussed the PILOT program for the wind farms; an estimate of $288,000 was discussed, (Kim Simons questioned if this dollar amount was worth it), the PILOT figure is unknown at this point, Jeff also discussed after the 10 year point where the wind farm would be taxed and holding the company accountable for the agreements. Jeff said APEX is planning for less than 70 wind turbines in Bourbon County. Mike Wunderly shared his experience he has had regarding a lease with a company for oil wells that are on his property; he said there are five wells left to be plugged (his lease had an abandonment clause that stated they were to be plugged 90 days after production ceased) by the company and 1 has been plugged but is leaking. He said he is afraid that taxpayers could get stuck with the cleanup bill of some of the abandoned wells. Anne Dare said this is a new industry to us, she said for many years they have been all over Europe, she suggested the County take into consideration the studies coming out about health issues and decommissioning the wind farms. She suggested protecting the County and people as much as possible and reviews the FAA guidelines, wildlife guidelines, independent studies and the economic impact. Mrs. Dare suggested that the Commissioners review the issues with the Grain Belt Express Transmission Line. Kim Simons questioned the setback space of the towers from people’s homes; Jeff said the turbine manufactures have recommendations. Jeff said there are participating vs. non-participating setbacks; he said the company is still reviewing data for placement determination. Mary Pemberton suggested that Bourbon County negotiate and tell APEX what the County wants and not just accept what they are offering, she said it is up to each county to set standards; she said she would provide Jeff the standards that other counties have used. She suggested including in the agreements the setback limits, the on demand lighting and the PILOT dollar amount. She suggested talking to other counties about their wind farm experiences. Kim Simons suggested asking for a 1 year moratorium before making a decision on the wind farms so that people have time to do the research; Lynne said they weren’t doing that today, he said a moratorium could create lawsuits that Bourbon County couldn’t handle. Lynne said the wind farm company could use HWY 39 to move the turbines and would need very few county roads. It was stated that the wind farm company would only be on people’s land that signed a lease agreement. Lynne asked the audience if anyone there had a vested interest in the coal plant; Mrs. Albright said they had leased land to Phoenix Coal Company; she said the land was reclaimed better than it was before they leased it to them. Jeff said he is using operating wind farms as a resource and doing research himself; he said there is a lot of information gathering to be done. Mary Pemberton said an advisory committee could help get the answers needed. Property liens were discussed; Mary Pemberton said the reason for a lien being placed is because a subcontractor hadn’t been paid for work they did. Kim Simons said if landowners want to sign leases then that is their problem, but if it affects others, then it’s our problem. Pam Fowler asked if anyone had reviewed zoning; Michael Hoyt suggested they form advisory boards. June Bloomfield asked about a petition to put zoning up for a vote; Justin Meeks said spot zoning is hard to do. Mike Wunderly presented the Commissioners with data he gathered from the internet; some of the items were the subsidies for wind farms, would wind power reduce electric bills – he said it would keep rates competitive but not lower, would wind farms effect property values – he said wind power is a loss of value, the taxes paid to communities- he said with the PILOT the company controls what it pays, the jobs created from the wind farms – he said there will be temporary jobs and one permanent position, he discussed the wind farms in Ford County and the taxes due to the wind farms there. He said Casper Wyoming is burying the wind mills in the landfill because they can’t be recycled, he said the blades aren’t combustible and take 100’s of years to biodegrade. Mr. Wunderly questioned why are we subsidizing the most expensive source of energy there is with a PILOT payment and leaving the wind farms for future taxpayers. He questioned what the County has to gain if the PILOT and tax dollar amount is less than it costs to decommission the towers. He said there are Texas energy companies that are walking away from the wind farms when they are no longer turning a profit. Barbara Peine discussed the PILOT and the subsidies the wind farm companies receive; she said most Kansas PILOT’s are based on the number of megawatts the farms produce, she said when taxes are exempted the tax burden is often shifted to other taxpayers. She said there is no oversight on how the County disburses the PILOT funds; she suggested reviewing the data to see if the wind farms will benefit all the taxpaying citizens before making a decision. She said the Commissioners were elected to serve the citizens of our County and not Jayhawk Wind. Kim Simons questioned if there was a conflict of interest with a County employee and the wind farms; Lynne said there is no issue. Kim Simons gave data to the Commissioners for them to review.
Lynne made a motion to go into a 2 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 and Justin Meeks). No action was taken.
Lesley Herrin, Kevin Davidson, Bill Martin, Ben Cole, Judge Ward and Rhonda Cole arrived at the meeting.
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, Bill Martin said he wouldn’t take part in the executive session, he said he felt the Commissioners were going to discuss his budget and said that is an open record and not courthouse security.
Lynne made a motion to go into a 3 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, Judge Ward and Justin Meeks). After the session, Lynne made a motion that it was concurred by all of the Commissioners to hire a court security person, he said they were taking $32,864 from the Sheriff’s budget and placing in the District Court budget; Bill questioned the Commissioners taking the money from his budget to hire a person for court security, Lynne said this decision was made since they no longer had the sheriff deputy for security on 3rd floor. Bill Martin said Uniontown had requested a school resource officer; he suggested the Commissioners delay their decision since he was working with USD235, he said the school board is looking at paying a portion of the salary for the school resource officer. Bill said he would provide Justin Meeks a copy of the memo of understanding. Bill said there has been grant money released to help fund school resource officers. 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, Bill Martin and Judge Ward). 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, Bill Martin and Judge Ward). After the session, Lynne said they were going to table the motion to move the money from the Sheriff’s budget.
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.
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.
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.
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 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 and Justin Meeks). No action was taken.
At 5:02, 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
January 28, 2020, Approved Date