January 4, 2022 Tuesday 9:00 am
The Bourbon County Commission met in open session with all three Commissioners and the County Clerk present.
Susan Bancroft, Ann Dare, Justin Meeks, Jason Silvers, Bill Martin and Bobby Reed.
Clifton made a motion to approve the previous meeting minutes, Jim seconded, all approved.
Clifton made a motion to appoint Jim Harris as Chairman of Commission for year 2022. Lynne seconded. All approved.
Eric Bailey reported a couple of permits. Completion of an entry tube at 727 240th, Oscar Gonzales. The second is application from Dave’s Towing & Recovery for movement of an oversized load. Going from 21 Grant to Wall Street east to Locust Road to 2376 Locust Road. It is a garage. Waiting for state approval so will be on our road very minimal. Jim made a motion to approve an application for an oversized load, garage structure, going to 2376 Locust Road. Clifton seconded. All approved.
Eric stated that he received information from KDOT on a couple of bridges that they will be replacing. Scheduled for January of 2023 will be Paint Creek Bridge. 1.58 miles north of Crawford County line which is on Hwy 3 coming out of Hepler. Owl Creek Bridge is the second one which is 2.14 miles east of K3 junction on Hwy 39 also scheduled for January of 2023. There is still discussion on closing those highways. If they do that will put a lot more traffic on Birch Road. We are in the process of getting that repaired and brought up to standards.
Eric stated compost permits for the landfill. We submitted plans to KDHE and they have some concerns with storm water runoff, so we are back to those discussions. We are still work on permits.
Eric stated we are in the process of repairing a couple of bridges. On 85th north of 54 Hwy bridge deck was damaged. The second is on 75th and Poplar back to the south. A hole showed up in the bridge deck.
Eric stated they are preparing for another snow event. Probably will brine intersections, bridges and hills starting this afternoon and tomorrow. Right now, they are saying just an inch or less.
Eric gave an update on equipment on Purple Wave. Sale is January 11th. Sterling truck tractor is up to $6,200 right now. The F8000 is up to $1,600.
Eric stated that they are losing signs on Arrowhead, Jayhawk and Yellowstone. Discussion followed on what could be done to prevent this from continuing. Eric is going to check into spacing on the signs.
Eric gave an update on windmills. They are finalizing restoration on our roads. Eric will be meeting with Jeff Spangler reviewing videos of pre and post and proceed following the road use agreement. Jim stated that Eric has done a good job in this process. Eric stated that they have been very good to work with. I have had some calls on potholes and things like that and I’ve made a phone call and within a day or two they’ve been fixed.
Eric asked Jim about a washout that he mentioned previously. He said he hadn’t located it. Jim gave him directions and Eric said he would look again. Lynne asked if the bridge on 115th was being worked on. Eric said it was on his radar and would get to it soon. Eric stated that they are headed to 60th and Grand where it’s undermined back up underneath and got to get it supported so as not to lose decking.
Susan Bancroft stated that she and Bobby had talked this week about all the issues at the jail. Heating and air needs addressed first. They had a power surge out there and possibly have some control panels out. That would be an insurance claim that we could go after. I have a call into Kevin Ross. He got back with me yesterday to set up a meeting to talk about some of the other things that are going on. Susan stated she would recommend that we go ahead and accept the bids that were put out by the sheriff’s department so that we can get moving on this as it is very cold in some of those pods. Bill stated one unit is completely down and another unit with the same codes so within the next few days or so we’re going to have a second unit down. Susan stated that since the bids were not opened at the scheduled time, the commissioners could call an emergency and move forward. Bill had to go to the jail to get the bids and would return to discuss.
Susan stated that there are some concerns at the landfill with employee dumping. The program was supposed to be for current employees, and we have a lot of retired employees and family members of retired employees so maybe it’s being stretched a little bit. Because our cash reserves are low Susan made the recommendation to suspend the program for this year. Maybe get everything back in good working order and then maybe reconsider it next year. Clifton asked why the program couldn’t be run correctly. Jim asked what the revenue change would be like. Eric didn’t have numbers in front of him at that time. Lynne made a motion that our policy for employees dumping at the landfill is active employees only and only their household and must have a county issued ID. Clifton seconded. All approved.
Lora Holdridge gave a yearend report. She stated they were extremely busy. We were slightly under $175,000. The year previous was $155,000. Jim asked if Ashley and Lora were on the same page for road closures to avoid some of the problems we’ve had in the past. Lora stated that they are and that she is working with Eric Bailey and Matt Quick to get all the road closings up to date.
Clifton made a motion to amend the agenda and allow Bill to present the bids for the HVAC. Lynne seconded. All approved.
Bill presented the bids for HVAC and stated that he did send certified letters requesting bids but only received a couple back. Bill also asked if there was any more information regarding warranties on the HVAC systems following the discussion from the previous meetings. Suan said didn’t not check on the warranty because Mr. French said that the normal commercial standard warranty is only 1 year, so I didn’t go any further than that. She said that she would be glad to discuss the issue with Mr. Ross but at this point it is an emergency and you have to assess the damage and he really doesn’t know what is wrong until he gets in there and gets them apart. Bill also asked that if there is a meeting that himself or a representative from the Sheriff’s office be present since they are in that building and that way there would be no miss communication. Susan said that Ben and Bobby have both already been invited and have been in contact as well as provided a list of items that are outstanding. Clifton opened the bids; the first bid was from Tony French for French Plumbing. The bid stated that due to the original boards being removed and custom ones put in, it will be necessary to put the original back in, wiring harness and all units have had pin connectors cut off and they will have to be replaces. The correct thermostat will also be installed with correct wiring, temp sensor with thermostat will be installed in all secured rooms in accessible locations. No delivery date on boards or wiring harnesses. 10 boards, 10 harness, 10 stats, 7 sensors, wire, labor totals $27,818.36. There is another bid from Mr. French to run conduit drain from units to the gathering on the north end of the building, all materials and labor is $2206.96. Clifton said that the conduit should have been installed at the beginning so that would be his opinion should be on the original contractor. The second bid was provided by CDL, it says replacement of improperly installed rooftop conduit for convenience outlets and exhaust fans powerpoint first included and usb okay. Electric scope for rooftop conduit and wire, removal and replacement supplying convenience outlets and exhaust fans. Electrical scope remove existing conduit wire fittings for rooftop convenience, outlets at rooftop units, remove existing conduit, replace existing conduit, wire fittings for rooftop, replace existing conduit wire fittings, replace existing GFCI receptacles with weather resistant, and add additional durable conduit supports as needed if performance bond is required at two percent, this excludes anything not listed above, cutting patching of roof, conduit circuits for RTUS, any electric work below roof, fire alarm, security, VDV temperature controls, prevailing weights, and sales tax. The base bid price is $21,523. Clifton stated that in his opinion the bids are not even for the same thing. Clifton said the bid from Mr. French is for the HVAC repairs and the CDL bid is to fix the conduit with the electrical wiring. Clifton said that the HVAC needs fixed but the wiring in his opinion whoever build the building screwed up and the county shouldn’t have to pay for that. He said in his opinion it is a warranty issue or we should go after the people who built the building. The HVAC needs repaired and looks like French was the only one that bid that. There was further discussion regarding issues with the building who should pay for the repairs. Susan said that she did find communication from the previous board where it was accepted as it was after it was fixed the last time, so your kind of starting over. Had that communication not been there, some more conversations with them may have been possible. Susan asked for permission to discuss with Mr. Ross, Justin Meeks, a commissioner, as well as a representative from the Sheriff’s Dept. Clifton volunteered and sooner rather than later or we will proceed with lawsuits. Justin said the word emergency is very important. Bob said that it was working ok but Mr. French thinks it could be due to a power surge that happened several months ago. After more discussion Clifton made a motion to accept the bid from French Plumbing for the bid to fix the HVAC unit, adding that this is an emergency repair, Lynne seconded, all approved. Bobby said that there are 10 units and 1 is down and 1 has an error so it is not comfortable in there. Susan said that she will get a meeting set up with the contractor.
Lynne said that he typed a modified 30×30 resolution for review. Clifton said that he feels there is some strong language that in his opinion says that Sherrif Matin would not be able to do his job on private property. Lynne said that he used the words arbitrarily and legal to take care of that. There was discussion regarding the draft of the resolution. There are changes to be make and brought back to the next meeting.
Ashley Shelton presented the 2022 resolutions that need to adopt for the year. The 1st resolution is for the holidays, Juneteenth was discussed but the commissioners decided not to add that as a paid holiday for the county at this time since Good Friday is given as a paid holiday. Jim made a motion to adopt resolution 01-22 with regards to the holidays and closed days for Bourbon County Employes including Landfill employees for 2022, Clifton seconded, all approved. The next resolution presented is a resolution concerning the waiver of generally accepted accounting principles. Jim made a motion to adopt resolution 02-22 for Bourbon County Kansas, a resolution concerning the waiver of general accepted accounting principles for the year 2022, Clifton second, all approved. The next resolution is for reimbursement of travel expenses, this one did change this a little bit because we do follow the IRS Standards for the mileage rate and they change mid-year, we do a resolution in January so instead of putting a specific mileage on there, it was changed to state that we would follow the rate set by the IRS and so that way this one won’t have to be redone year after year. Jim made a motion to adopt resolution 03-22 for Bourbon County Kansas reimbursement for travel expenses for Bourbon County employees and we shall follow the standard mileage rate set by the IRS, Lynne second, all approved. Next is a resolution to designate
depositories and official publication carrier, we have City State Bank, UMB, Union State Bank, Liberty Savings and Loan, Landmark National Bank and Citizens Bank, Landmark National Bank is the active account carrier and Fort Scott Tribune is the official county newspaper. Jim made a motion to adopt resolution 04-22 for Bourbon County Kansas a resolution to designate depository as an official public carrier in compliance with KSA 9-1401 with the following banks City State Bank, UMB, Union State Bank, Liberty Savings and Loan, Landmark National Bank and Citizen Bank and also the newspaper carrier will be Fort Scott Tribune, Clifton seconded, all approved. In the past there has been a resolution appointing a public health officer, there was discussion, and it was decided to wait and gather more info before proceeding. The last thing is an organization resolution and agreement for the credit card program. I would like to add myself to replace Kendall and then I would also like to add Courtney Goucher, Personnel Director because she does accounts
payable she would need access to that if there’s any problems with payments cards not working if I wasn’t here, Patty Loves since she is our County Treasurer and Susan Bancroft, Finance Director. If you are all okay with that, I just need the chairman to sign and then I will have to get signatures of everyone that we’re going to add, and they said once it is submitted then we should have access within 24 hours. the commissioners agreed to add additional personnel that will allow them to have communication with a credit card company that we can do business with, adding Courtney Goucher, Patty Love, Susan Bancroft and of course the County Clerk Ashley Shelton, Jim signed the forms.
Ashley presented a policy issue, there is an employee that is moving from a salary position to an hourly position. This employee has been with bourbon County for 6 years so the vacation time will be added up front based on would be uploaded or not and if so, how much. There was discussion. Clifton made a motion to go into executive session under KSA 75-4319(b)(1) to discuss personal matters of individual nonelected personnel to protective their privacy dealing with some job function changes, it will include the three commissioners, Susan Bancroft, Justin Meeks and Ashley and will be for 15 minutes. Bill Martin asked that a department head or supervisor of the employee also be included. Clifton added to the motion to include Bobby Reed as well they will return at 10:29 am, Lynne seconded, all approved.
Clifton made a motion to resume normal session at 10:29 am with no action, Jim seconded, all approved.
Jim said they will address it at the next meeting and asked if Booby could be at the next meeting as well.
Clifton made a motion to go into an executive session under KSA 75-4319(b)(1) to discuss personal matters of individual non-elected personnel to protect their privacy related to job functions, duties, and performance it will be for 20 minutes and will include the 3 commissioner and Justin Meeks returning at 10:51 am, Lynne seconded and all approved.
Clifton made a motion to return to normal session at 10:51 am, Lynne seconded, all approved.
Justin asked the commissioners to approve the bourbon county council employment agreement. Basically, it is staying at the same rate, there will be a reduction in pay based off new employment people that are here we have a new, economic development director and a new business director. He said that he only plans to work 15 hours a week at $75 an hour so it’s $58,500 and would like to be paid monthly. Obviously, the tax sale issues that we’ve had in the past with regards to getting some support there, I would like you to approve my invoice on that as well which has been improved the last two years. Clifton made a motion to approve the contract with county councilor Meeks, it’s for one year as well as the tax sale invoice, Lynne seconded, all approved.
Justin said that he would like to be a part of the committee with regards to some policy changes that we can have in the future concerning some employees that are an administrative level, obviously we need to get some hopefully some contracts written up for certain employees and he will start working on those to submit to Susan for review, he wants to make sure he gets direction from the commissioners at least to prepare those contracts for review. Clifton said that doesn’t need a motion because that is part of his job.
Susan said that she had been asked by Mr. Harris for a for a report of what has been spent to date of APRA Funding. That’s what you have before you, as of today your balance in the fund is $564,000 however, we’ve obligated more than that so the balance would be around $293,000 that we’ve got unobligated and below that we’ve had two additional requests, one from rural water district #4 and one from mental health. Just kind of wanted to give an idea of where we were as of today and what we’ve what obligations we’ve already made. Clifton asked if she know when we will receive the 1.4 million again. Susan said she would check on it but last year it was around July. Jim asked if that would carry over. Susan said yes, they will have until 2025 to spend the funds so there is no rush. Susan said that her and Justin are going to work on an agreement with Rural Water District #2 before they release any funds.
Clifton made a motion to add Elected Officials’ Comments to the agenda after public comment and before commissioner comment, Lynne seconded, all approved.
Bill Martin said that it is 2022 and with a new year comes new year’s comes new grants that will start opening and so he will be applying, reviewing, and applying for any and all type of grants that are out there that will assist the sheriff’s office in regard to the operation of the sheriff’s office. Bill said that if you happen to get a an email or something that requests that you set up an account, he asks that you review that and if you have any questions whatsoever in regard to a grant, please reach out and he will be more happy to answer any and all questions that you have and if he doesn’t have those answer he will know who to turn to in regards to those answers to those questions. Bill also announced that unofficially he has been given notice that they have been awarded or another grant for equipment. He said that he will not explain what that equipment is at this present time because they are requesting additional information, so he has to do some more research and digging and provide those answers that they’re requesting. Bill also asked if there is a new wage and salary resolution to pay for all employees and when will that be made public.
Susan said that they are going to work on putting some wage band together and a low and a high end and then a person could be moved anywhere in that band and not everyone would have to be the same as long as the department says within their budget. Susan said that is a project to be worked on and brought back to the commission for approval. Bill said that he has some ideas for the wage bands and would like to be part of that process of creating that.
Jim asked Susan id she is comfortable with how things are going to move forward working with the treasure to avoid violations this year. Susan said that there are a few questions that she has for Terry based on the distribution. She said she did talk to Patty last night and she had made that additional distribution so some of our funds are running in the negative, so she that’s a concern, she thinks she needs to check and see if that’s a violation, that would be the only one that she can foresee at this point. She said that they worked on an issue together last night until about 7:30 pm, we had some CIC issues but she thinks they’re working through that today and that will get us balanced through October and then Rhonda was going to work on November and December today and so we’re really close to getting the books reconciled. She said that she feels pretty comfortable, she went from January till October, and they came up with the same information and so she feels like they are working well together.
Lynne asked if they are getting closer to resolving all these issues with CIC, it seems like we are running into an awful lot of them? Susan said that they sent it to programing and they will have to determine if it was a human error or a programing error on CIC’s part.
Jim said that again he wanted to say thank you for letting him be the chairman, they as a team we will do this, and I want to thank everyone that
supported the commission last year, he thinks they are working well with a lot of good people so thank you and he welcomes opportunity to be the chairperson but it’s only as a team member and he emphasizes that one, we voted on it, so I want to move forward so the general public knows we’re a team.
At 11:03 am, Clifton made a motion to adjourn, Lynne seconded, all approved.
THE BOARD OF COMMISSIONERS
OF BOURBON COUNTY, KANSAS
(ss) Jim Harris Chairman
(ss) Lynne Oharah, Commissioner
(ss) Clifton Beth, Commissioner
Ashley Shelton, Bourbon County Clerk
January 11, 2022, Approved Date