HomeCommission Minutes - 2017
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2017 Minutes

  2017 Minutes

 

May 9, 2017                                                            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 Nancy Van Etten were also present.

Jim Harris discussed an old road at the South end of the Bourbon Allen State Lake; he said Kansas Department of Wildlife and Parks (KDWP) requested that the County grade the road (approximately 1 mile), Jim said that he verified with Shane Walker that this is a State Road, he said that a previous Commissioner, Terry Graham said that in the past occasionally the County would grade the road, but that it was a State road. The Commissioners said that if the State wanted to purchase rock the County would grade and maintain the road for a fee.

Jeff Fischer briefly discussed Elm Creek Lake; he said he had been told by a citizen that if the County wanted to sell Elm Creek Lake they should sell it to KDWP, because they would have the money to maintain it.

Jim Harris discussed putting barricades up on low water crossings that have signs posted for low water crossings when the water is over the crossing; he said that Anderson and Allen County do not put barricades up if the crossings are posted. He said that Crawford County has their crossings posted and the deputies have barricades in their vehicles and they can put the barricades up. The Commissioners felt that Jim should make sure that there are adequate signs at all low water crossings.

Jeff Fischer said he planned to attend a driving school (presented by KCAMP Insurance) at the Fairgrounds on May 10th, 2017.

Commissioners Nick and Lynne and Jim Harris plan to go to the Caterpillar factory in Little Rock, Arkansas on May 24th & 25th.

Jeff discussed the recent department head meeting that was held; he described the proposed longevity pay of after 5 years of service the employee getting $5 times the years of service on each paycheck, (example 7 year employee would receive $35 additional on each paycheck). He said some of the departments felt that the wages needed to be adjusted and increased. There was discussion over a newer employee making the same wage as someone that had worked for the County for 20 years (due to the way the current pay structure is set up). Ben Cole, Bobby Reed and Bill Martin attended the Commission meeting; Bill said that for his department they want a pay raise verses longevity pay. Jim said that he wanted a revised longevity pay plan; he said he felt that a pay increase was a different issue. The Sheriff said he would like to implement a grade level for paying his department. Ben said he was ok with the longevity pay change as long as this plan would not take the place of getting raises. No decision was made on the longevity change.

Lynne said he received a call saying that the County had burnt up some fence posts on property near the Crawford County line; Jim said he viewed the fence posts and said they are steel posts that the County didn’t burn.

Lynne said that Mike Wilson asked that the ditches be cleaned out at 80th & Soldier Road so that the water flows where it is supposed to there.

The Commissioners and Jim Harris discussed Mark Watson’s property; they said his house sits lower than the road and the field, but Jim said they will try to make improvements to help the water drainage.

Lynne reported to Jim that a culvert needs replaced at 125th & Unity Road.

Jim said they blasted at the quarry last week, he said they plan to test drill next week at the Womelsdorf property; all of the Commissioners may attend the test drilling.

David Neville presented quotes for hail damage to the HVAC at the Courthouse and the SEKRCC on 2/28/2017 & 3/6/2017. Gold Mechanical quoted $29.906.29 and Design Mechanical bid $34,827.00. The Commissioners asked that the quotes be submitted to KCAMP and that the insurance money be placed into a reserve account until it’s decided on how the space at the Correctional Center will be used and what HVAC will be needed for that space. Lynne made a motion to proceed with the submission of quotes to KCAMP, Jeff seconded and all approved. David Neville later reported that KCAMP will be paying $29,906.29 to the County less the $500 deductible.

Jim Harris reported that the Noxious Weed department will be treating the Courthouse lawn.

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

Resident Tim Allen (residence at 208th) met with the Commissioners regarding a sewage station from John Horn’s property on Justin Lane. He said the sewage pumping station is not working properly, he said the lights and alarms have been going off on the system. He said there is raw sewage going into his pond from the pump. Jeff said he felt this was a persistent problem that had been going on. Tim Allen said he thought there was ground water being pumped into the system and said he didn’t feel the system could handle everything being pumped into it. Tim Allen said on the other side of the road there is waste being dumped on the hillside from John Horn’s carwash. The Commissioners said they plan to address the sewage pumping system with Eric Bailey and Justin Meeks at 2:30.

Bill Martin and Ben Cole addressed the Commissioners and Rhonda Dunn regarding the County Credit Card statements; in the past if someone has lost or not gotten a receipt when using the County Credit Card the employee using the card has had to write a document signing and stating what they purchased and instead of the receipt; Bill felt that this was not necessary since the credit card statement says where the purchase was made; however it doesn’t say what was purchased. It was decided that when there is no receipt the person using the card will sign off on the charge and write what the charges were made for. This process is not to be used for all charges, but only for the occasional lost or missing receipt.

Rhonda Dunn met with Jim Harris and the Commissioners; in the past the County has waived the fees for the disposal of waste at the Landfill from the Good Old Days. Nick made a motion to waive the dump fees for the trash from the 2017 Good Old Days, Jeff seconded and all approved.

KCAMP insurance administrator David Luke met with the Commissioners; he said that 66 of the Kansas Counties are members of KCAMP. David presented the County a dividend check for $5,813.00. He said in the fall of 2017 KCAMP would be presenting a 3 year contract to the Commissioners. In 2015 the County received a credit of $11,647 and he estimated that the credit would increase when the contract is presented in 2017. David said he will be emailing an estimate for the 2018 rates. The Commissioners questioned him regarding the use of signs verses barricades at low water crossings; he said the County premiums would not be cheaper if there were barricades in place at the low water crossings, but the County could save overall if there weren’t any losses at the crossings. Jim showed David Luke a picture of low water signage placed at the Pavey’s Ford low water crossing; he felt the signage was great there. The Commissioners asked how often the County should attend KCAMP harassment training; he felt the training should be done annually. Jeff discussed a grievance policy, he asked if KCAMP had a program where County employees could call and report a problem (example, harassment), KCAMP does not, but suggested that there be an internal policy established at the Courthouse and that the County uses the Attorney Assist program when needed. David also discussed the various programs that KCAMP offers regarding classes and grant programs.

Jim Harris reported that according to the minutes from July 7, 2015, the County donated almost $2,000 worth of culverts to the City of Fulton. The City of Redfield recently attended the Commission meeting regarding culvert improvements in the City of Redfield. Lynne made a motion to donate to the City of Redfield up to $2,000 worth of culverts, Nick seconded and all approved.

At 10:45, Lynne made a motion that the meeting be suspended and reconvene at the jail site for a meeting there and that the Commissioners return to the Courthouse at 1:30, Jeff seconded and all approved.

The Commissioners discussed the extension for the insurance policy for the builders risk policy for the jail site. Nick made a motion for approval of the payment of the $4,098 for the extension of the policy and Lynne seconded, motion passed.

Bill Martin and Ben Cole arrived at the Commission meeting.

Cathy Cooper with the 6th Judicial Community Corrections program met with the Commissioners regarding 2 different grants for adult programs they had applied for; she said they received a comprehensive grant for $318,267.61, she requested that the Chairman sign off on the 2018 Comprehensive Grant Application. Nick made a motion to allow the Chairman to sign off on the grant for the Comprehensive Grant Application, Jeff seconded and all approved and Lynne signed off on the document. Cathy discussed a behavior health grant fund, she said they were asking for $181,502 (which pays some salaries, substantial abuse evaluation, medication evaluation and medical follow ups, she requested the Commissioners authorize the Chairman to sign off on the grant; Jeff made a motion to approve the grant application for behavior health grant through the Kansas Department of Corrections, Nick seconded and all approved.

Rhonda Dunn presented the 2017 Idle Funds Report for Bourbon County as of 3/31/2017; she reported $3,618,835.57 in the checking account for the Treasurers, ACH and the payables account and $3,609,620.09 in the UMB Treasurers account, Jail account and the UMB payables account. She said she is in the process of closing the UMB accounts (with the exception of the jail account). She said the CD value is $1,640,000 and the interest received YTD is $3,032.97.

The Commissioners asked Rhonda to look at the budget impact for the proposed longevity increase. Jeff and Rhonda will meet and review the 2015 Austin Peters wage survey for Bourbon County.

The Commissioners and Rhonda discussed meeting with the Community Development Block Grant coordinator regarding 2 bridges in Bourbon County that need repairs. She said there could be up to $700,000 per project in grant money available under the Community Facilities Grant. Rhonda said that the County can apply for 2 grants a year. Jeff made a motion to schedule a meeting for 1:30 Wednesday, May 10th, 2017 with CDBG, Nick seconded and all approved.

Rhonda Dunn questioned Jim Harris regarding the road maintenance at a portion of the Fort Scott Lake; she said she had heard that Jim Harris had told some Lake residents that the Lake road into the park was the City of Fort Scott’s responsibility to maintain, Jim Harris said the County has never maintained that road and that it was under the City of Fort Scott’s jurisdiction.

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

Rhonda Dunn met with the Commissioners, Justin Meeks and Eric Bailey regarding the Justice Lane sewer issue; she asked what the current status there was regarding the County; Rhonda said that City Manager Dave Martin has contacted the residents in that area to let them know of the sewer problem there. Rhonda said that Dave Martin has told those residents that they could be annexed into the City limits of Fort Scott; however those residents do not want to be annexed into the City limits.

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, Justin Meeks and Eric Bailey). No action was taken.

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, Justin Meeks and Eric Bailey). After the session, Nick made a motion to give Eric Bailey permission to respond to Dave Martin’s May 5, 2017 email concerning Justice Lane, Jeff seconded and all approved.

Lynne made a motion to approve Resolution 08-17 cancelling $316.98 worth of checks at UMB Bank due to the closure of the accounts, Jeff seconded and all approved and signed the Resolution.

Justin Meeks presented a report to the Commissioners from the Kansas County Courts. The report had data from 2011-2016. In 2016, Bourbon County had 468 criminal cases, 319 traffic cases, 86 child in need of care cases and 79 juvenile offender cases.

Justin Meeks and the Commissioners continued to work on the employee handbook.

Lynne gave Justin Meeks information regarding the Fire District #2 (Garland).

Justin reported that Judge Ward will be hearing the fire district cases on May 16th @ 9:00 am.

Will Wallis met with the Commissioners regarding the flood damage from April 28-May 1, 2017. He said he would like to readdress the issue with the Commissioners. He said he had previously contacted Lynne Oharah about possible damage from the floods; he said that Lynne told him that there may be $10,000 worth of damage. Will said he felt that the $10,000 quote was an early and quick estimate, but felt that the estimate would overall be higher. Will said he felt that the Sheriff’s department and the road graders would be good employees to report the damage since they are driving the roads. Will presented a Resolution and Proclamation for a state of local disaster emergency for Bourbon County, Kansas. Jeff said that by adopting the Resolution and Proclamation it is not saying what the total dollar amount of damage the County had, it only gets someone (an expert on accessing the damage) here in the County to access the damage. There was discussion that any City in Bourbon County that had damage would contribute to the needed $54,774.53 threshold in order for the County to get on the record books for the State to start the process in receiving any funding for the damage. The Commissioners felt that Jim Harris should be included in the discussion over road damage. Will said the County could be leaving money on the table if the County doesn’t do the Resolution and Proclamation. Jeff moved to adopt Resolution and Proclamation 09-17, Nick seconded and all approved.

Jeff made a motion that the Commissioners give permission for him to ride along when the flood assessment is done, 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 and Justin Meeks). No action was taken.

Lynne made a motion to go into a 5 minute executive session for attorney client privilege with possible litigation, Nick seconded and all approved, (the session included the Commissioners and Justin Meeks).

At 4:38, 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

05/16/2017, Approved Date

May 2, 2017                                                            Tuesday 9:00 am

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

Tammy Helm with the Fort Scott Tribune and Michelle Workman with the Fort Scott Biz were also present.

Jim Harris presented a document for Lynne to sign in order for Bourbon County to receive $127,589 of the 2017 money from Federal Funding. Lynne signed the document.

Jim Harris presented a proposal for the 12 month interim update for 2017 for bridge inspections and analysis from Schwab Eaton. According to the documents; there are 32 bridges that will require an interim 12 month inspections, the 32 bridges include 10 bridges that require a reported scour erosion Plan of Action update. Schwab Eaton will complete the engineering services in accordance with KDOT’s scope of work on an hourly basis not to exceed an anticipated maximum of $5,600.00. For the 7 low water structures that require an interim inspection due to erosion issues at a cost of $75 each. Jeff made a motion to approve the proposal from Schwab Eaton for the inspections (at a cost not to exceed $5,600 for the bridges and $75 each for the 7 low water crossings) which is required for bridges with a sufficiency rating of less than 30, Nick seconded and all approved.

Wilma Graham with the City of Redfield met with the Commissioners; she said that they are cleaning out ditches in the City of Redfield; she asked if they needed approximately 6 culverts (Wilma said she would find out how many culverts are needed and what size) could they purchase them from the County and install them themselves. Jeff suggested that they consider the SKW policy for the County regarding culvert installs. Jim questioned if the County donated culverts to the City of Fulton in the past; after this has been determined the County will consider either selling or donating culverts to the City of Redfield.

Jim Harris presented a document regarding uniform traffic codes; he said according to KAC if the proper signs are placed at low water crossings; then the County doesn’t have to place barricades up on roads at low water crossing (however, Jim said he had a concern over safety if the barricades weren’t placed). Jim said that currently the Sheriff’s department contacts him when water is over the crossings and he has barricades put out. Jim questioned putting up permanent barricades that can be used when the water is expected to go over the roads. Jim said he would get a price on the permanent barricades.

Local residents Skeet and Carol George came by to say hello to the Commissioners.

Jim presented documents discussing a tree shredder (for future consideration) that can be pulled behind the boom mower; Jeff said he thought that resident Dana Arens had this equipment; no decision was made on the equipment.

Jim reported that KCAMP insurance will be doing a safe driving course on May 10th at 10:00 am at the County barn, he invited any County employee to attend, Lynne made a motion to give the Commissioners permission to attend the meeting, Jeff seconded and all approved.

Jim reported that they will be doing drilling at the Womelsdorf property this week.

Jeff presented a letter from a resident that reported a bent culvert around 160th-170th & Fern Road where water is going over the road instead of through the culvert, Jeff said there may be a problem with a ditch down the road there as well; Jim said he would view the culvert and the ditch.

Jim said that the Maple Road project is still moving forward. Jim said there is a company doing fiber installation on 195th.

Lynne made a motion to allow Jeff and Nick to ride together to attend a KAC meeting discussing budgeting on May 17th at Emporia, Nick seconded and all approved. Lynne will attend the KAC meeting on May 18th at Paola.

Resident Charles Cress met with the Commissioners and Rhonda Dunn; he said that he loaned but didn’t give the Ralph Richards Museum a tag collection years ago. He said when the museum closed the items that were left were moved to the freight depot building. He said he was told by Rhonda Dunn that they notified everyone with items in the museum and since they didn’t come get their items they don’t own them anymore. He asked where his license tags went; he said that Don Miller knew the items belonged to him. Rhonda Dunn who is on the HPA board said that when the museum closed, HPA removed the items and put them in storage in the freight depot and is now property of the HPA. She said Attorney Charles Gentry sent letters to property owners and notices were placed in the newspaper for the owners to come get their items; if they didn’t claim their merchandise it became property of the HPA. Mr. Cress said he would like to see where he was notified, Rhonda told him to contact Charles Gentry for the records of him being notified. The Commissioners told Mr. Cress that the County was not associated with the HPA. Rhonda suggested that Mr. Cress come to the next HPA meeting on May 9th @ 5:30 pm at the Congregational Church.

Kendell discussed the use of the WEX Fleet Card Services for the fuel credit cards for County employees; she said that the WEX Company will be changing the fees from $3 to $10 for a paper copy of the bill, charging $50 for a reactivation fee and charge large late fees for bills that the County sometime receives late. Kendell said that the Sheriff’s department is no longer using the cards, but said the SEKRCC, Emergency Preparedness Department, Sanitarian and the Appraisers office are still using the cards. It was questioned whether there would be any savings by using the cards. After discussion, Nick made a motion to cancel the WEX account and for the employees to return to getting fuel at the County barn, Jeff seconded and all approved.

Jim Harris met with the Commissioners; he presented documents from KDHE for final approval for the Landfill/Transfer station. Lynne signed the documents and Jim planned to return the documents to KDHE.

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.

There will be a department head meeting on May 5th; Jeff said he planned to attend the meeting.

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

Residents Marvin and Dorothy Taylor reported that there are potholes on Eagle Road (approximately 2 ½ miles West of 69 Highway) and in some areas all across the road; she said a resident on Eagle Road reported that the grader had recently gone down the road, but didn’t have the blade down. Jeff reported this to Jim Harris. They also discussed the road washing out near the railroad tracks in that area; the Commissioners said that would be the railroads responsibility to repair.

Nick reported that he had driven past the new jail site and that on the Southwest side of the new jail site (where a gas line was installed) someone had pulled trees and that the trees were laying by the road. The Commissioners later reported this to Rhonda Dunn.

The Commissioners discussed the kitchen equipment at the new jail site; they said that the food service company has agreed to provide the equipment for a cost added to the meals and that it should be paid off in 5 years.

Jeff said he had dinner with concrete contractor Mike Rogers regarding work he has done at the new jail. He said Mike had issues based mainly around the jail plans. He said that the electrician ran electrical underground and Mike questioned at what point a contractor would have known of all the items coming through the floor. Mike also said that the work was ordered to be accelerated and that he brought crews in to do the work, but the contractor isn’t willing to compensate him for the additional crews.

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, Justin Meeks and Rhonda Dunn). No action was taken.

Justin Meeks and the Commissioners continued to work on the revisions for the Bourbon County handbook.

The Commissioners discussed with Justin a 2016 report of court cases that he previously gave them; the Commissioners asked him if he could provide 5 years of data, Justin said he felt he could get this data.   There was discussion over the amount of City cases Justin Meeks deals with in District Court.

Jeff discussed the audit that had been ordered for Fire District #2; he said Terry Sercer had previously reported that he was having a hard time getting a response from Fire District #2. Terry said he needed to put together a proposal for Scott and Drywood Townships approval. Terry estimated that the audit would cost approximately $10,000 (depending on the information provided). Jeff said he has filed as a citizen a KORA request for Fire District #2, (he said Fire District #2 received his KORA request on April 25th). He said in his KORA request he asked for the past 2 years of bank statements for all bank accounts there, he requested a current rooster, he requested the last approved year end summary report. Jeff said Fire District #2 has 3 days to respond to his KORA request. He said that if they do not respond to the KORA request then the individual that he requested the information from could have to pay a $500/day fine.

Residents Jerry and Charlotte Dunlay met with the Commissioners, they said they protested their property taxes, but that it didn’t do any good. They questioned the increase in mill rate for the Fire District #2. Mr. Dunlay said Fire District was formed in 1968. Mr. Dunlay said he was on the fire district for 16 years and said at that time they ran the fire department for $30,000-$32,000 a year and they managed to put away $100,000 (in a 15-20 year time frame) for a new truck. He said his understanding of the open records act was if funded by taxpayers, anytime anyone wants to see the books, they are an open record. Jerry questioned why they (Fire District #2) wouldn’t provide the records. He questioned what the fire district has to show for the high taxes. They claimed that in 2012 or 2013 the fire board was formed by the recommendation of the County Commissioners.

At 3:43, 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

05/09/2017, Approved Date

 

April 25, 2017                                                                   Tuesday 9:00 am

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

Tammy Helm with the Fort Scott Tribune and Michelle Workman with the Fort Scott Biz were also present.

Jim Harris reported that the County had free dump day on April 21st & 22nd; he said they received a lot of tires and C&D to be disposed of. The County has been having a free Zika Tire Disposal program going on due to a grant received; he said currently they have 2 more semi loads of tires to be disposed of.

Jim Harris asked that the Commissioners revisit and consider changing the longevity pay for the County employees; he said he felt this was long overdue and felt that it was time to reward the employees for their service. Jeff felt that this possible change in longevity pay needed to be presented to the department heads before a decision was made. Jeff said he would contact Eric Bailey regarding scheduling a department head meeting.

Jeff asked if Jim had been doing interviews for the part time flagman position; Jim said he hadn’t received any applications yet. Jeff said he hadn’t seen the position advertised on the website, Jim said he had put it in the newspaper, but hadn’t put it on the website.

Jeff discussed a possible compensation package for employees based on experience.

Jim Harris said he would be requesting a meeting with the Commissioners, the Sheriff and the Attorney to discuss the low water crossings; he said the crossings have signs, but they don’t always put up barricades when the water is over the crossing.

Jim reported they will be doing ditching in the Hiattville area and plan to do ditching on Jayhawk.

Jeff said he had viewed the bridge inspection reports; he said the reports haven’t changed since 2012. Jeff said he felt they should be addressing issues on the reports; Jim said he agreed, but said he needed a bridge crew for this, he said they would have to stop doing other jobs in order to work on the bridges. Jim said he was down to a minimum basic crew; Nick said in order to fix the items on the bridge report they would have to let another project go. Jim said the guardrail critical items on the bridge report have been repaired. Jeff asked if the inmates could work on a bridge crew; Jim said he wouldn’t be opposed to this, but said they would need to have a guard with them when working. Jeff said that he would discuss this with the Sheriff.

Jim said they plan to do test drilling this week at the Womelsdorf property as a possible quarry site. He said they plan to do a blast at the Beth Quarry this week.

Jim said that Rhonda Dunn plans to help the County work on getting a grant for bridge work.

Nick said he had been approached about what was being done by the Sale Barn; Jim said the County has done ditching on the South side of the road by the Sale Barn but the engineers had told him not to touch the North side of the road there. Nick questioned if on the edge of the road by the Sale Barn the County could widen the shoulder and put in a good base in order for the semi trucks to park on the side of the road. No decision was made on this.

Nick reported that he and Jim would be viewing a ditch on Maple Road; he said the resident wants to install several connecting culverts and cover the culverts with soil to make it easier to mow.

All of the Commissioners will be attending a tax lid meeting in Miami County on May 18th.

The Commissioners had asked David Neville to get quotes for future budgeting purposes on the blown in insulation and HVAC units. He presented an estimate for installing blown in insulation in the attic as well as an estimate to replace the 3 HVAC units on the East porch that are 18 years old. David reported that there were 8 air conditioner units damaged in the hail storm (7 for the Correctional Center and one for the Courthouse). David had one estimate for the hail damage, but Jeff suggested he get another estimate.

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 with possible litigation and Nick seconded (the session included the Commissioners, Justin Meeks and Eric Bailey). No action was taken.

Justin Meeks reported that there was County owned property at the Fort Scott Lake that had an outbuilding on in as well as cars parked on it; he said they are being moved off of the property.

Justin Meeks discussed the need for the County to have a detective. He suggested the Commissioners consider this during budget time.

Treasurer, Rhonda Dunn said she had attended a Community Development Block Grant meeting in Topeka, she said the City could turn in 1 application a year and the County could turn in 2 applications a year. She said there are 2 bridges that need work in the County that could be eligible for a Community Facilities Grant.

Rhonda said that a representative from CDBG will be meeting with the Commissioners at some time to discuss grants available; this may be done in a work session.

Justin Meeks and Rhonda Dunn met with the Commissioners; they recently attended a meeting in Pittsburg to discuss the use of a Land Bank for properties. Rhonda said that the following is for informational purposes only. They said that a Land Bank has a board, she said it could be a function of the City of Fort Scott, she said that all of the Cities in the County could participate in the same Land Bank. Rhonda said that a Land Bank helps tax foreclosure property and would help with the tax sale process. Rhonda said a Land Bank is not created to make money and said that the City and County would not profit from a Land Bank. A Land Bank could specify a minimum bid for a property, if someone didn’t want to pay the minimum bid then the property becomes part of the Land Bank, if in a Land Bank the property would not generate any taxes, but the Land Bank would be responsible for the mowing & maintenance on the property. If someone wanted to buy property from a Land Bank they would have to have a plan for the property. If a Land Bank was developed then the rules for purchasing property would have to be determined; it could be determined that someone with back taxes couldn’t purchase from the Land Bank or that someone couldn’t purchase from a Land Bank if they had any codes violations. A Land Bank has to fund itself. A Land Bank is meant to be a mechanism to get dilapidated, vacant or unused properties in the hands of people to do better things with them. Hopefully, once property comes out of a Land Bank it would be improved upon and generate more taxes. No decision was made in regards to forming a Land Bank.

At 11:55, Jeff made a motion to suspend the meeting and to reconvene at the jail site for a jail progress update meeting and to adjourn the Commission meeting after the jail meeting, Nick seconded and the motion passed.

                                                                                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

05/02/2017, Approved Date

 

April 18, 2017                                                         9:00 Tuesday

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 Chris Bosley with Ward Kraft were also present.

Ed and Beth Guss attended the Commission meeting for an appointment later on in the morning.

Jim Harris presented an application for Craw Kan for the install of 20 miles of fiber installation at approximately 195th & Indian connecting a trunk south of Fulton to a junction in Hiattville; Lynne made a motion to approve the application, Nick seconded and all approved and signed the document.

Jim Harris presented an application for a culvert at a field entrance at approximately Limestone and 1/8 mile east of 130th from Jeff Reed and John Moreland; Lynne made a motion to approve, Nick seconded and all approved.

Jim Harris discussed Earth Day; he said there will be roll offs at 6th & Margrave and on North National. Jim asked if the Commissioners wanted to accept large truck and tractor tires at the Landfill on the free dump days; he said it costs $165/ton to haul off the tires, Jim Harris and the Commissioners all felt that the County should accept the large tires for free. Jeff made a motion to designate April 21 & 22nd as Earth Day and to accept waste including large tires at the Landfill at no charge and as well as waste at other areas in Fort Scott that have been coordinated with the City of Fort Scott, Nick seconded and all approved.

Jim Harris discussed the longevity pay plan for employees; Jeff did a spreadsheet changing the longevity pay to $5 times the years of service per check for employees that have been employed 5 years or longer. Jeff estimated that if implemented this would cost the County $49,140 in 2017, $54,990 in 2018, $69,030 in 2019 and $85,670 in 2020. The Commissioners said if they implemented such a change it would be for all of the employees. The Commissioners plan to review final 2016 year end numbers with Rhonda Dunn and then they will discuss changing the longevity pay. There was discussion over employees that have no or little experience making the same wages as someone with years of job experience.

Nick Ruhl said resident Betty Hixon at 2001 Maple Road has 3 culverts that she wants connected and covered so that it is easier to mow; Jim said he would view the culverts and report back to the Commissioners on the culverts. Jeff said the existing policy and fee schedule should be used regarding the culverts.

Jeff said he had a report of a bridge with holes in it at 60th & Arrowhead; Jim said he felt there could be a plate welded to cover the holes.

Lynne reported to Jim Harris that resident George Holt of Uniontown reported that a culvert needs rock at approximately 77th Terrace.

Jim Harris reported that the Maple Road project is on schedule.

Lynne and Jim met with the Womelsdorf’s; they approved a test drill to be done on their property for a possible future quarry.

Jim Harris said he and his employees would like to have Good Friday off instead of Columbus Day in 2018; the Commissioners said they would consider this.

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

Robert and Ryan Coon met with the Commissioners; Robert said he runs A1 Bonding and his wife runs A Plus Bonding and that they are doing bonding business with the Bourbon County jail. He said he didn’t want what he was there to report to interfere with his business. Robert said that Justin Meeks used to be their family attorney. Robert said that they had a title from a 2009 Harley Davidson motorcycle that was purchased from a dealer and that the motorcycle had never been taken apart. He said they planned to pay the sales tax and get a tag, it was required to get the motorcycle and title inspected by the Sheriff’s department, when it was inspected, Skip Brown under the advisement of the Sheriff was told to mark the title as a defaced title. Robert said he was trying to find out why and get some professional control, because it was wrong to mark the title this way. He said the motorcycle had been impounded, he said it had been stolen and that Bourbon County had possession of the motorcycle for 8 months. Robert claimed that the Sheriff is using an out of town attorney and questioned since Justin Meeks is the County Attorney shouldn’t he also be the Attorney for the Sheriff. The Commissioners asked that they come back to the meeting at 2:30 when the Attorney would be at the meeting.

Nick Ruhl previously reported that there was an excavator parked at Durossetts tire; he said that Eric Bailey had sent them a letter regarding work being done in a possible flood zone.

All of the Commissioners may be attending a meeting regarding the tax lid in Miami County on May 18th.

Jeff discussed a report from Ag Engineering regarding Eagle Road; he questioned if the County should mill and reclaim a portion of the road in 2018; no decision was made on this.

Beth and Ed Guss, Mr. & Mrs. John Speer, Tom Applegate, and Delwin Mumbower met with the Commissioners; John Speer said he had been asked to chair a fire board for Fire District 4, he said he is the Chairman and that Beth Guss is the Secretary for the board. He said a letter was sent to the City of Redfield asking for the release of funds to operate the fire department, he said the trucks are low on fuel. He said that firefighter Joe Russell requested money for fuel for the fire trucks, but was denied and told to let the trucks sit. John said they don’t want a situation like Garland has. He said the City will not work with them, he said in the past people have asked to look at the books for the City of Redfield and that they have seen a spreadsheet, but haven’t seen the books. Lynne said they have a right to file a KORA request with the City of Redfield, but said there could be a fee associated with the KORA request. John Speer said that Fire District #3 will cover Fire District #4 in the event of a fire, but said that something needs to be done regarding the distribution of funds. Lynne said that the State Statute was rewritten in 1995 and that took the power away from the County regarding the fire districts. John said that funds come from the Township and the Township gives the funds to the City for the Fire District. They estimated that Fire District #4 was set up in the 1960’s. Beth had a map that she said shows the Township, she said she was told that when the Fire District first started the whole Township was in the Fire District. Delwin said that the property owners have a loud voice regarding tax dollars. Lynne said that it might help if someone could find the original charter in order to look at how the funding was set up. John questioned if someone’s house burns down due to the trucks sitting due to lack of fuel, who would be sued; The Commissioners said the City of Redfield. Beth said she approached Emergency Manager Will Wallis regarding the problem in Redfield; she said she was told to go through the steps & to set up a fire board.

Justin Meeks said he checked with the Sheriff’s department regarding the issue Robert & Ryan Coon met with the Commissioners about; he said he was told that the VIN numbers were not matching up. Justin later in the day reported that he felt this was a Sheriff issue not a Commission issue, but said he felt the issue had been resolved.

Justin Meeks said that there is currently a non-criminal mental health person issue; he said that both Mercy Hospital and Osawatomie are full and that Mental Health suggested that the person be sent to a motel with a guard until bed space opens up somewhere (since the person is a non-criminal person, they can’t be held in jail). Justin said that the County pays money to mental health from tax dollars; he said there is a backlog of people that need treatment.   Chief Shelton and Captain West later met with the Commissioners and Justin Meeks regarding this issue; they said they do not have the staff nor are they qualified to watch over a person with mental health issues. Chief Shelton said he had spoken with Legislatures regarding mental health issues in the past, but said the issues aren’t getting fixed. Lynne said he felt that the Legislatures need to be more involved regarding mental health. Justin Meeks said they planned to go back before the Judge to ask that something different be done with the person with mental health issues other than placing them with a guard in a motel room.

Justin Meeks said he had Rhonda Dunn would be meeting with the City of Pittsburg on April 19th regarding the tax foreclosure sales and to discuss the use of a land bank.

At 11:32, Lynne made a motion to suspend the meeting until 1:30, Jeff seconded and all approved.

Jim Harris met with the Commissioners; he asked permission to hire 2 part-time seasonal employees as flagman for the planned paving projects. Jeff made a motion to authorize hiring 2 part time employees for the 2017 paving season, Nick seconded and all approved.

Rhonda Dunn and Jim Harris met with the Commissioners regarding 2016 ending cash balances. After review, Lynne made a motion to approve the transfers of the 2016 surplus budget to accounts as listed on the Treasurers Transfer report (report attached to the minutes), leaving behind the budgeted carryover for 2017, Jeff seconded and all approved.

Nick asked Jim Harris if in 2018 when the County is working in the Industrial Park, if the County could do the paving that is planned to be done in VMC verses hiring the work out; no decision was made on this.

The Commissioners discussed the road going south out of the industrial park, they said that large trucks are using the road and they were afraid they would tear up the road; they discussed possibly putting up signs that said “no through truck traffic”, but didn’t make a decision to do this.

Nick reported that he had a report regarding the road at Bourbon Allen Lake; Jim said they drag the road every 3-4 weeks, but said the South end belongs to the State.

The Commissioners reviewed the 3rd party natural gas supplier quotes; Pro Energy provided the lowest quote at .25 per MMBtu; Jeff called Pro Energy to clarify the contract language that says “______ per MMBtu plus applicable transport, fuel balancing and pooling charges” Mike with Pro Energy said that the applicable transport, fuel balancing and pooling charges are already built into the cost of the gas. If Bourbon County approved Pro Energy as the 3rd party natural gas supplier, then Bourbon County will pay the cost of fuel from Southern Star plus $ .25 MMBtu. Pro Energy will amend their contract that they provided Bourbon County if the jail qualifies.

Justin Meeks and the Commissioners continued to review the Bourbon County employee handbook.

The Commissioners will be attending a jail meeting on May 9th at 11:00 am at the jail site.

Fort Scott High School teacher Angie Bin emailed the Commissioners about a project her students are working on; they questioned if the County had ever contributed any money to Lees Paws & Claws. The Commissioners said no they haven’t ever funded them, they said they weren’t familiar with the shelter and whether or not it needed any repairs. They said they hadn’t received a request for funding. Lynne emailed responses to her.

Krishna Chandra a resident of 1781 Valley Road, met with the Commissioners regarding a bridge near his house; he said he had previously reported that the bridge needed repaired, but said nothing has been done to repair the bridge. Nick said he would report this to Jim Harris and would view the bridge with Jim.

At 3:55 pm, 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

05/02/2017, Approved Date

 

April 11, 2017                                                         Tuesday 9:00 am

The Bourbon County Commission met in open session with Commissioners Ruhl and Oharah present. The County Clerk was also present.

Tammy Helm with Fort Scott Tribune and Michelle Workman with the Fort Scott Biz were also present.

Nick made a motion to approve Resolution 07-17; a salary resolution adding a part time landfill operator at a pay rate of $11.83 an hour, Lynne seconded and the motion passed. Jim said he had a person hired for this position that can run any equipment that the County has at the Landfill and said he wanted to pay this person at a M2 level.

Jim Harris presented a core sample report from Ag Engineering on the road for 4 miles between US 69 and 260th Street; the report stated that the east mile was found to have the most asphalt with 5-6” and that this mile would respond favorably to milling 2-3” of material to expose a base of sound asphalt material the remainder of the project (3 miles) does not have a thick enough layer of asphalt to allow significant milling without exposing base rock in extensive areas. The Commissioners will not be milling the road.

Jim Harris presented a dump truck bid summary to the Commissioners; the bids were as follows; 2018 Freightliner 108SD for $125,548.50, 2018 Freightliner 108SD for $138,347.50, 2018 International 7400 Workstar for $133,0960.00, 2018 Mack Granite GU433 for $133,989.00, 2018 Freightliner for $133,657.50, 2018 Peterbilt 348 for $144,782.00 and a 2018 Western Star 4700SF for $133,324.00. Jim recommended the 2018 Mack Granite GU433, Nick made a motion to purchase the 2018 Mack Granite GU433 for $133,989 (and make as much of a down payment as possible, pending final 2016 budget numbers) Lynne seconded and the motion passed.

Jim Harris reported that the Zika Tire Disposal Program is collected a large amount of tires.

Jim Harris reported that he will be meeting with the City of Fort Scott to finalize the plans for Earth Day.

Jim Harris said he would like the Commissioners to consider a longevity request that was previously discussed; no decision was made.

L.D. Feagins with the City of Redfield met with the Commissioners; he presented a map of the City requesting work to be done on the streets there, he also reported a culvert blocked at 1st and Cedar Street.

The Commissioners will be attending an OAC meeting at the jail site at 11:00 am today.

Lynne reported that 85th & Unity needs gravel on the road.

Nick reported that Matt Wallace reported 2 culverts blocked near 2030 Yellowstone Road; Jim said he viewed the culverts and will be replacing them.

Lynne reported culverts blocked between 95th-110th and Unity, Jim said he would view the culverts.

Nick said he had reported to County Sanitarian Eric Bailey that there is an excavator doing work behind Durossetts tire.

The Commissioners opened the bids for the hay at Elm Creek Lake; Dakota Wiley bid $1,850 and Pat Murphy bid $1,755, Lynne made a motion to accept the high bid from Dakota Wiley for $1,850 and Nick seconded, motion passed.

The Commissioners also advertised to take bids for land the County owns on Native Road; however no bids were submitted for this property.

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, Justin Meeks and Kendell Mason). No action was taken.

Lynne made a motion to go into a 7 minute executive session for attorney client privilege with possible litigation and Nick seconded (the session included the Commissioners and Justin Meeks). After the session Nick made a motion to give Justin Meeks permission to talk to Dave Martin with the City of Fort Scott regarding property at the Fort Scott Lake and access to lots there as well as a chip and seal road there.

Lynne said he had been asked to attend a Rotary meeting on April 12th to discuss the progress of the new jail; Nick made a motion to allow Lynne to discuss the progress of the new jail at the Rotary meeting, Lynne seconded and the motion passed.

Nick made a motion to allow Lynne to meet with L.D. Feagins with the City of Redfield to discuss their Fire department, Lynne seconded and the motion passed.

There will be a quarterly luncheon on April 13th at 11:00 am for the County employees, all of the Commissioners may be attending the meeting, but no County business decisions will be made.

David Neville reported to the Commissioners that he is starting the installation process of the LED bulbs for the Courthouse as well as getting bids for the East porch.

At 10:49, Nick made a motion for the Commissioners to break to attend the jail progress meeting at 11:00 and for lunch and to reconvene at 1:00, Lynne seconded and the motion passed.

The Commissioners had put out for bid the hay at approximately 225th & Native Road, they did not receive any bids when the bids were opened; however, later in the day Joe Tirri met with the Commissioners and asked if they would still accept a bid for the hay; they said they would (so that the County doesn’t have to mow the area), so Joe Tirri bid $1; Lynne made a motion to approve the bid for $1 from Joe Tirri for the hay at approximately 225th & Native Road, Nick seconded and all approved. Jim Harris planned to meet with Joe Tirri to show him where the dividing line was between the County and the Cities property there.

The Commissioners had asked companies to provide a quote for being a 3rd party natural gas supplier for the Courthouse and the new law enforcement center; the quotes were as follows… Blue Mark Energy estimated the savings had we used them in 2015 & 2016 to be $4,930.32, their cost was Southern Star plus .31, Center Pointe Energy quoted Southern Star rate plus .4876, Clearwater Enterprises quoted Southern Star plus .46, Constellation estimated the savings to be $1,552.66 in 2016, Encore Energy did not provide a quote, Ntherm, llc quoted Southern Star plus .30/dth, Pro Energy quoted Southern Star index plus .25/mmbtu, Secure Energy did not provide a quote. Overall, Pro Energy provided the lowest quote. The Commissioners are going to discuss this again on April 18th when Jeff Fischer is at the Commission meeting.

Lynne said that the County employees that work with budget numbers and all of the elected officials (less the Commissioners) are required to have all of their emails backed up. Justin said that this requirement is due to the Kansas Open Records Act (KORA) and the email records that could be considered an open record. Shane Walker and Justin Meeks met with the Commissioners regarding the Exchange Server (for the storage of the emails) for the Courthouse; he said it will need replaced, he presented an option for a new machine for a cost of between $8,000-$9,000 plus approximately $4,000 for the license fees or by using the Cloud option for approximately $6,100 annually plus a one-time conversion fee between $6,000-$7,500. Shane said he can pay for the initial fees (he said the initial cost would be paid for by the Register of Deeds Tech Fund, the Appraiser, the Attorney and by Shane Walker), but would need to budget for this expense for 2018 going forward. Justin said that by using this new storage option, and by going paperless, his employees could work from anywhere and have access to documents. Lynne made a motion to allow Shane to proceed with the Microsoft Cloud conversion, Nick seconded and the motion passed.

Justin Meeks reported that he had met with the City of Fort Scott regarding a chip and seal road at the Fort Scott Lake; he said at this time the County does not need to chip and seal this road.

The Commissioners and Justin Meeks continued to work on the revisions to the employee handbook.

Nick said he had several employees tell him that in the future they would rather have Good Friday off instead of Columbus Day; no decision was made on this.

Nick reported that the next jail update meeting would be on April 25th @ 11:30 am.

At 3:31, 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

04/18/2017, Approved Date

 

 

April 4, 2017                                                           Tuesday 9:00 am

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

Chris Bosley with Ward Kraft, Tammy Helm with the Fort Scott Tribune and Michelle Workman were also present.

Jim Harris presented a culvert permit for Randy Rathbun at 109 7th Street, Uniontown, KS for a 34’ culvert for an entrance for a new structure; Lynne made a motion to approve the permit, Nick seconded and all approved.

Jim Harris said they have a problem that needs to be considered at the Landfill; he said that on the first 3 days of the week they are so busy that they are having to haul 2 loads to Allen County daily and when they are doing this they can’t load trash, which is causing the people wanting to dump to have to wait. There was discussion over adding another walking floor trailer, using a hopper to hold the trash, using a company to haul the trash or adding an additional holding area for the trash. The Commissioners said they would like to meet with Treasurer Rhonda Dunn to review final 2016 figures before deciding on what to do about this.

Jim Harris discussed Earth Day, April 22, 2017; he asked if the Commissioners wanted to have a free dump day at the Landfill for Earth Day. The Commissioners gave Jim permission to meet with the City of Fort Scott to see if they want to participate in Earth Day; the Commissioners are considering having a free dump day on April 21st and April 22nd for Earth Day.

Jim Harris said he plans to meet with the Womesdorf’s this week about a possible quarry site.

Jim said they are getting core samples this week on Eagle Road.

Nick reported that someone contacted him about the County posting “NO SHOOTING” signs at Pavey's Ford; Lynne said he felt that if the County did this it would create a liability for the County. No decision was made on this.

Jim said they did some shooting on some land near the Pawnee Station (approximately 170th & Cavalry Road); he reported that they will put in oversized culverts to help with the drainage there.

Nick reported that he had a call regarding the County not working on the roads at the industrial park this year; he said he told them that the County plans to do work there in 2018.

Jeff Fischer questioned if between the City of Fort Scott and the County if there is an equitable interest regarding equipment and technical expertise when doing road work. Jim said that several years ago the County and City had quarterly luncheons together and at that time had a good working relationship. Jim said that according to the State the County can’t sell rock or asphalt unless it is not available somewhere else.

Jeff said he received a report of large chucks of trees/brush in the ditches near the Tuschner property; Jim said they have been burning the cut brush in the ditches around the County.

Jim Harris presented a voucher for early payment to pay off the wrecked dump truck so that the title can be released to the insurance company; Lynne made a motion to approve the early check for $62,548.54, Nick seconded and all approved.

Jim reported that he had received an application from CrawKan to do work in the County right of way near Eagle Road & 7 Highway (they plan to tie into fiber that is already there for the College and some areas West of Fort Scott); Jim said he will contact CrawKan to get more details on the roads they plan to work on in the County right of way.

Lynne reported signs down in the ditch at 125th & Range Road and 95th & Sycamore.

Nick reported that he and Jim viewed the Piney Bridge; he said that someone had put steel posts on the west side of the bridge in the County right of way; Nick said that Jim had removed the posts and placed them against a tree.

Jim Harris reported that they will be removing trees on Jayhawk Road; he said they will see if a permit is required to remove the trees (if it is in a flood plain).

Jim Harris invited the Commissioners to attend a luncheon with the employees at the County barn on April 5th at 11:30 am, all of the Commissioners plan to attend, but no County business decisions will be made.

The Commissioners will have a work session on April 5th, 2017 at 9:00 am; they plan to discuss the 69 Highway expansion with KDOT, the Fulton Bridge and the replacement dump truck options.

Jeff Fischer said he had attended a Multi County Health Department meeting; he said he learned that as a Commissioner he is responsible for County health. He said the Health Department does a wide variety of jobs such as immunizations, vaccines and lab work. He said one of their primary functions is to prevent outbreaks of diseases. He said they work closely with the schools. Alice Maffet is the Public Health Nurse. The Health Department viewed the current Attorney’s building at 108 West 2nd (which will be vacant later on in 2017) they are interested in the building. Currently the Health Department is located directly behind the Courthouse in a 30-35 year old double wide. Jeff said that building was sold to the County approximately 8 years ago and now the County maintains the building.

Dave Martin, Rachel Pruitt and Rhonda Dunn met with the Commissioners regarding the old Woods Grocery Store. Price Chopper plans to put a grocery store in the building, there are plans of building a 4,000 square foot building on the property to the south of the grocery store and plans to add a 6,500 square foot building on the property for a restaurant. Lynne said he had a copy of a City Resolution adding a redevelopment district there and using a TIF program (Tax Increment Financing) there. Rachel said that this is the first opportunity to use a TIF bond project in the City of Fort Scott; she said there are 3 options to qualify for a TIF; the business has to be in a blighted area, has to have contamination or fall within an enterprise zone. A TIF project takes the incremental revenue and pays back money to the business; this is a $9.4 million project and they would like $1.8 million back through the TIF. She said a TIF doesn’t hurt the tax base. She said there is no money out of pocket from the County, City or residents. She said there is a public hearing on this May 2nd, 2017 (she said that at that time the County or School district could veto this project). She said this project is a good opportunity for Fort Scott. Dave Martin said the City is currently working on plotting land at Lake Fort Scott Lake for future sales. Dave said there are great incentives out there for people that want to invest in our City. Rachel said that that they have heard that residents miss the Woods Grocery store, Dave Martin said that G&W Foods does a great job. Rachel discussed a CID (a Community Improvement District); she said that the businesses just south of the Woods Grocery Store in the strip mall currently participate in a CID (less Tractor Supply); at that location there is a 1% increase in sales tax that goes back to those businesses. It will be presented to have a ½% increase in sales tax in the old Woods Building for a CID; the developers want $750,000 to go back to them from a CID. Rachel said that a TIF can’t pay for interior facility improvements, but that a CID can. Jeff questioned if City if they have been aggressing in promoting the same incentives to current business owners (such as Velocity); Dave said yes they have been, they discussed Peerless Products participating in the NRP (Neighborhood Revitalization Program), a tax rebate on improvements as well as Peerless receiving an IRB. Rachel said that there will be an IRB (Industrial Revenue Bond) used for the old Woods building; (a sales tax exemption on construction supplies and labor). Dave said the City values the County and appreciates the County working with the City. Lynne said that Jim Harris had discussed the meetings that the City and County used to have; Dave thought this was a great idea. Rachel discussed the Four State Sanitation Recycling program that recently started operation; she said that organization will take the recycled materials to SEK Recycling in Crawford County and said that Four State Sanitation may eventually welcome volunteers from clubs and activities to work during collection times. Dave said that the sale of Memorial Hall is moving forward, but said it is not a signed deal yet. Dave said that the road in between the Tannery and Landmark Bank off of 23rd street is now a City road.

Rhonda Dunn discussed using a Land Bank for tax auctions; she said other counties are using Land Banks. She said that she has been working with Justin Meeks regarding this option. She said she is looking for solution regarding tax auctions.

The Commissioners and Rhonda Dunn will have a work session at 1:30 on April 5th, to discuss 2016 end of year transfers.

Justin Meeks met with the Commissioners; he said he feels that the County is complying with new KORA requirements. Justin said he has not met with Bob Farmer regarding a road at the Fort Scott Lake (to discuss if it is a County or private road).

Lynne made a motion to go into a 7 minute executive session for attorney client privilege with possible litigation, Nick seconded and all approved. Nick made a motion to withdraw this motion so that the Commissioners could meet with Kevin Allen regarding Earth Day, Lynne seconded and all approved.

The Commissioners discussed Earth Day with Kevin Allen, they questioned if he wanted to donate the use of roll off containers for Earth Day, they said it would be great advertising for him; Kevin said yes he would help out, but said he helps out a lot in the community and would also like to help out where he could also get paid. Kevin said he felt that people should be given business that deserve it. Kevin said he provided a bid at the jail site, but hasn’t heard back regarding the bid he submitted.

Lynne 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 break for lunch and reconvene at 1:30 pm, Nick seconded and all approved.

Marc Caine with Center Point Energy had a conference call with the Commissioners regarding possibly being a third party gas supplier for the Courthouse. He told the Commissioners that when deciding on a 3rd party carrier it was important to the Commissioners to make sure the companies rate is discoverable with a public index. He said their price would be the Southern Star 1st of month index price plus .6275/MMBtu plus fuel. He said currently FSCC, Peerless, Value Merchandiser and Mercy Hospital are customers of theirs. Their company sells their customer’s bulk fuel monthly and anything that is not used is sold on the market and then the original customer is credited back money for unused fuel. If their customers go over their usage, Center Point would take the average (mid-point) price plus .6275 for anything used over. There was discussion over the new jail and if it would qualify for a 3rd party carrier; if it does qualify, Center Pointe will re-adjust the quoted rates. The Commissioners asked that he verify if the jail would qualify or not. He said if the County had been using them as a 3rd party carrier in 2016 we would have saved $2,047.71 and in 2015 we would have saved $2,431.80.

Resident of Fort Scott Lake, Lisa Ward emailed the Commissioners questioning when the road repairs would be done on 195th (her email said an article in the Tribune discussed the planned road repairs, but 195th was not mentioned in the article); the Commissioners said the plan is to do the work on 195th at the Lake in 2017.

Blue Mark Energy representatives Addie Bethel and Ron Bethel met with the Commissioners regarding possible being the Courthouse’s 3rd party natural gas supplier. They said that Kansas Gas would have to pre-qualify the new jail (based on estimated predicted usage). Their company uses FERC approved NAESB agreements for all of their customers and recommended that the County makes sure that whichever company that the County uses as a 3rd party carrier uses the same agreements and that the County understand their swing language –the over and under price.   They said the combined total savings with Blue Mark (had the Courthouse used them as a 3rd party carrier compared to Kansas Gas) for 2015 & 2016 would have been $3,487.93.

Nick said he had heard that the Kansas Department of Corrections would be shutting down the Leavenworth prison facility in order to do remodeling; he said they plan to ship the inmates out to be housed in other facilities.

Lora Holdridge met with the Commissioners; she planned to meet with Justin Meeks; however, Justin was in court. Justin said he planned to meet with her later on.

Justin Meeks and the Commissioners continued to work on the County employee handbook.

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.

At 4:16 pm, 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

04/18/2017, Approved Date

 

March 30, 2017                                                       Thursday 7:00 pm

The Bourbon County Commission met in open session for an evening meeting at the Uniontown Fire Station. Commissioner Oharah and Commissioner Ruhl and the County Clerk were present.

Lynne thanked the Uniontown Fire Department for allowing the Commissioners to use the building and also thanked the volunteers for the work they do.

Noxious Weed Director Nate Taylor did a power point presentation on Noxious Weeds in Bourbon County; he said a noxious weed is one that is considered harmful to the environment or animals. Nate focused his discussion on 4 different noxious weeds; Musk Thistle, Field Bindweed, Sericea Lespedeza, Johnson Grass, Invasive Species Teasel and Wild Blackberry. Nate said that the State mandates that the County sell some chemicals at a 25% discounted rate to County residents. Lynne said that in the past there have been a lot of complaints regarding the intersections in the County; he said that Nate has been aggressive in treating the intersections. Contact Nate Taylor at (620)215-1569 with any questions regarding Noxious Weeds.

Jim Harris the Road & Bridge Director said his department has done more with less money and staff. He said there are 950 miles of gravel roads in the County and 150 miles of asphalt. Jim said that in 2016 his department crushed 165,000 ton of rock, he said they made 7,000 ton of asphalt. Jim said they have an aggressive ditching program, he said the County recently purchased 2 new boom mowers (one will work North of 54 Highway and one will work South of 54 Highway). Jim said that total there will be 7 mowers in operation in the County. Jim said the roads they are targeting are 215th, Jayhawk, Indian, Maple and 235th. Jim discussed the Zika Tire Disposal Program. Delwin Mumbower said he appreciated the Road & Bridge’s work during inclement weather regarding clearing the roads. Jim said that the best assets for his department are his employees.

Lucille Lord said she had noticed that in the past year the County roads have been looking much better (especially Limestone   Road); she said she has seen more gravel on the roads and said the cutting of the brush along the roads has been helpful.

Lynne said that there are 3 quarries in the County; he said they would like to open a 4th quarry site to eliminate having to travel as far to get the gravel for the County. Lynne and Jim both recommended that if people notice road issues in the County that they call them in to Jim (620)768-9690) or the Commissioners.

At 7:36 pm, Lynne made a motion to adjourn and Nick Seconded.

                                                THE BOARD OF COMMISISONERS

                                                OF BOURBON COUNTY, KANSAS

                                                (ss) Lynne Oharah, Chairman

                                                (ss) Jeff Fischer, Commissioner

                                                (ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

04/04/2017, Approved Date

March 28, 2017                                                       Tuesday 9:00 am

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

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

Jim Harris opened the bids for a replacement dump truck. The bids were as follows…

  1. Joplin Freightliner Sales offered a 2018 108 SD Freightliner for $127,857.50, a 2018 108SD Freightliner (with a different body style) for $119,748.50, and a 108 SD Freightliner (with a different body style) for $132,547.50.
  2. Summit Truck Group offered a 2018 International 7400 Workstar for $124,190.00.
  3. Tri State Truck Center offered a 2018 Mac Granite for $127,190.00.
  4. Peterbilt offered a 2018 348 Peterbilt for $137,582.00.
  5. Kansas Truck Center offered a 2018 Western Star 4700 for $127,724.00

Jim Harris recommended that they review all of the bids and specifications and look at the trucks and discuss the bids again in a few weeks during a work session.

Residents Mark Bohlken, Dana Arens, George Collinge and Ken Clary met with the Commissioners and Jim Harris regarding the condition of Eagle Road (also known as the Garland Road); they asked what the plans were for repairs to the road, Jim said the road is a low volume traveled road with 257 cars a day. Jim said it is the worst asphalt road in the County. Jim said the County could do core samples (which he estimated to cost a few thousand dollars to do a core sample) to see if there is enough depth there to mill the road, or the road could be reclaimed and turned into gravel and eventually be overlaid. Jeff questioned if there was any monetary assistance available from KDOT regarding the side roads off of the 69 Highway (due to the 69 Highway expansion). Lynne questioned if temporary patching could be done, Jim said they have done this and can continue, but this will not make it a good road. Jim said there were four options for this road: leave as is, gravel, mill and plan to overlay in the future or reclaim and do one mile at a time. The Commissioners asked that Jim do a core sample and see what the best plan for the road is.

Mark Bohlken questioned the County roads getting narrower, (due to the width of the roads and the trees overhanging on the roads) he said he is having problems getting equipment down the roads; the Commissioners said they have purchased 2 side arm mowers and said they have been spraying ditches trying to get the right of ways back into shape. Nick said once the mowers arrive at the County, they will be mowing fence to fence; one of the mowers will be mowing North of 54 Highway and one will be mowing South of 54 Highway year round. Mark said that there is a 6” lip on the road approximately 3 miles off of 69 Highway on Arrowhead Road; Jim Harris said he would look at this.

The Commissioners discussed how to report road problems in the County by using the County website or calling in the problem to either Jim Harris or the Commissioners.

Jim Harris presented a solid waste management plan consistency (“certification by the board of county commissioners or the mayor of a designated city responsible for the development and adoption of the solid waste management plan for the location where the processing facility or disposal areas is or will be located that the processing facility or disposal area is consistent with the plan. This certification shall not apply to a solid waste disposal area for disposal of only solid waste produced on site from manufacturing and industrial process or from on-site construction or demolition activities.”) This had been signed by the zoning coordinator for the City of Fort Scott. Lynne made a motion that the document be signed, Nick seconded and all approved. Lynne and Jim signed the document.

Jim Harris presented chemical quotes for 300 gallons of Pastureguard and for 300 gallons of Remedy; RRSI bid $101.19 a gallon for Pastureguard and $60.63 for Remedy, Van Diest bid $89.69 for Pastureguard and $46.77 for Remedy and CPS bid $91.49 for Pastureguard and $46.99 for Remedy; Jim suggested going with the lowest quote from Van Diest. Lynne made a motion to accept the quotes from Van Diest, Nick seconded and all approved.

There will be a Commission meeting on Thursday, March 30th at the Uniontown Fire Station at 7:00 pm; all of the Commissioners will be present and the public is invited to attend.

Jim Harris presented a review from Schwab Eaton regarding the viaduct over BNSF Railroad near Fulton; this is a fracture critical bridge, the suggested options for the overpass were as follows: new ‘at grade’ railroad crossing for approximately $960,000, a bridge replacement for $970,000, bridge repair/rehabilitation for $800,000. The Commissioners may have a work session to discuss this in the future. Jim and the Commissioners felt that money should be saved for future expenses to bridges in the County.

Eric Bailey met with the Commissioners regarding the work plan for the Zika Tire Amnesty Program; residents can bring up to 4 tires for disposal. The Landfill will accept the tires from March 24th-April 23rd, 2017, Bronson will accept the tires on April 1st, 2017, Uniontown will accept them on April 8th, 2017, Mapleton will accept tires on April 15th, 2017, Garland will accept tires on April 29th, 2017, Hiatville on April 29th, 2017, Fulton on May 6th, 2017 and Redfield will accept the tires on May 13th, 2017.

Nick announced the Bourbon County 2017 chip and seal or asphalt projects, they were as follows:

          One mile on Jayhawk, between 230th & 240th

          At the Fort Scott Lake, four miles of chip and seal and ¾ mile of overlay

          Humboldt to 205th

          At 185th going west for approximately 6 miles

The Commissioners discussed the Long Shoals Bridge; Jerry Witt and Arnold Schofield previously met with the Commissioners regarding permission from the County to place the bridge on land next to the bridge for removal; they were told to work with Shane Walker and Lora Holdridge to determine how much land the County owns near the bridge. The Commissioners said they may be able to clear brush at the site, but not the trees.

Jim Harris reported that they are shooting the land to determine elevation near Mark Watson’s property.

Jim Harris reported that he had hired a part time employee to work at the Landfill.

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 and Jim Harris). No action was taken.

Nick made a motion to sell on Purple Wave the old side arm mower and tractor, a walking floor trailer and a skid loader, Jeff seconded and all approved.

Lynne made a motion to adopt Resolution 07-17, a Resolution as per a request from Hidden Valley Lake, “Bourbon County declares that all roads located within Hidden Valley Lake be declared as designated roads; permitting the Bourbon County Sheriff’s department to patrol these roads. The patrolling will be done as the schedule for the Bourbon County Sheriff’s department allows”, Jeff seconded the motion; Bill Martin read the Resolution, but said the resolution didn’t address the traffic enforcement at the Lake.   Due to this, Lynne made a motion to withdraw his original motion. This Resolution was later discussed with Justin Meeks; Justin said he was ok with the way the original resolution was written, but said if Bill Martin wanted to give him any additional language to add, he would review it and give the information to Kendell to be added to the Resolution.

Carla Nemecek with the Southwind Extension District met with the Commissioners; she thanked the County for sending letters out to different entities informing them of a meeting about board meetings; she said they had a good response due to the letters.

All of the Commissioners will be attending a jail progress update meeting and lunch on March 29th at 10:30 am.

The Commissioners held a work session to discuss the use of the old jail space and the Courthouse improvements; it has been determined that the Attorneys office will move into the Jail and Sheriff offices; the H Pod will be left for holding cells for when the inmates have to appear for court, the control room will be used to store the server. There are plans to move the air conditioner unit off of the East porch. Jeff said he had met with the Health Department to see if any of the cells could be used as exam rooms (for an emergency shelter), but they didn’t think they would work. Jeff said that the Health Board may be interested in the current Attorney’s building at 108 W. 2nd Street (to possibly use the space for services such as W.I.C. which the County currently doesn’t have). Jeff plans to show the building to them on March 28th. David Neville is getting bids to have insulation put I n the attic, as well as the County is getting bids for the East steps and a handicap ramp.

Harold Coleman met with the Commissioners; he said someone reported to him that someone had shot holes in the sign located on top of the Indian Creek Bridge, he also reported that near the Indian Creek Bridge someone is installing a fence right next to the road; it was suggested to have Jim Harris look at the fence location. Later in the meeting, Nick said he and Jim Harris would view the fence on March 29th, 2017.

Ronnie Brown informed Jeff Fischer that there will be a Soil Conservation District meeting on the 3rd Monday in April; Jeff said he planned to attend the meeting.

Lynne 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.

At 11:39, Lynne made a motion to suspend the meeting for lunch and reconvene at 1:30 pm, Nick seconded and all approved.

Jeff made a motion to go into a 15 minute executive session for preliminary discussions relating to the acquisition of real property, Nick seconded and all approved (the session included the Commissioners, Justin Meeks and Cathy Cooper with Community Corrections). After the session, Lynne made a motion to permit Justin to work with Cathy Cooper with Community Corrections regarding a feasibility study on the Attorney’s building at 108 W. 2nd, Fort Scott, Jeff seconded and all approved.

Denny Davis met with the Commissioners regarding a survey that was done on the property that was previously the Woods Supermarket; he questioned how the surveyor marked and measured the property. The Commissioners told him to meet with the Appraisers office.

Mike Granstaff with Constellation met with the Commissioners regarding possibly being a 3rd party gas supplier for the Courthouse and the new jail. A 3rd party uses the Kansas Gas pipelines to transport their natural gas to customers; if the County went to a 3rd party, the County would pay a monthly bill to Kansas Gas as well as to a 3rd party supplier. He said that if the County used Constellation we could save an average of 17% or approximately $2,291 annually (based on a first of month index and based on usage from 2015-2017). In 2016, Bourbon County paid $9,815.61 to Kansas Gas for gas utilities at the Courthouse; according to Constellation if we had used Constellation in 2016 our 2016 total expense for gas would have been $8,262.95 (Kansas Gas and Constellation expenses total). Constellation said they would like to quote a price to the County, but offered 3 different plans to possibly quote on; they do a first of month index, a smart portfolio (a managed approach) or a fixed price.

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, Justin Meeks and Kendell Mason). No action was taken.

Nick made a motion to give Lynne permission to meet with Rachel Pruitt and Rhonda Dunn with the City of Fort Scott regarding economic development, Jeff seconded and all approved.

At 3:20, 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

04/04/2017, Approved Date

 

 

March 21, 2017                                                                 Tuesday 9:00 am

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

Michelle Workman with the Fort Scott Biz was also present.

Rhonda Dunn met with the Commissioners, she said she is working on the final 2016 ending balances and questioned the dollar amount of the Sheriff’s vehicle purchased in 2017 out of the 2016 budget; it was approved to spend a total of $35,950 ($31,000 for a vehicle from Shawnee Mission Ford and equip the vehicle for $4,950) out of the 2016 budget in 2017 for a Sheriff’s vehicle.

Jim Harris said a 1992 walking floor trailer had sold on Purple Wave for $11,500; Lynne signed the title.

Jim Harris reported that they are ditching around the County.   Jim and Lynne both talked to a gentleman that was trying to dispose tires at the Landfill by using the Zika Virus Grant program (he had more tires than was allowed to dispose); this program is for individuals and not businesses, Jim said the individual questioning him had been in the trash disposal program in the past.

Jim said he is getting bids for a replacement dump truck. He said there is a Caterpillar motor grader that is broke down (he said it is going to Chanute for repairs and said Caterpillar is providing a replacement grader so there will not be any down time.

Nick tried to meet with Sanitarian Eric Bailey to see what the status was on the Zika tire disposal program; Eric was gone, but it was reported that the grant approval documents are in Topeka and are not approved yet, but are expected to be approved.

Rhonda Dunn met with the Commissioners regarding the 2016 ending balances; she reported that the 2016 ending cash balance for the budgeted funds is $1,504,591.90 and the surplus cash for those funds is $709,827.77. She said the ending cash balance for non-budgeted funds is $16,827,599.81. Rhonda said there was a planned budgeted carryover of $160,079.00 for Landfill and $21,764.00 for Noxious Weed, she said there was a shortage of $120,280.89 for the Landfill and $11,384.59 for Noxious Weed, she is going to contact auditor Terry Sercer regarding the budgeted carryover and shortfall for those departments.

Ron Nickelson with Hidden Valley and Sugar Valley Lake Association met with the Commissioners and Ben Cole; he previously met with the Commissioners about having the Sheriff’s department patrol at Hidden Valley Lake. He presented a map with a possible route for the Sheriff’s department to patrol, but he also presented a letter requesting that the Sheriff’s department can patrol any road at the lake, his letter also stated that the patrolling would be done as the Sheriff’s department allows, Ben said the Sheriff’s department wants to be able to patrol all of the roads there. Mr. Nickelson said there are 1,100 lots at the Lake and said that the Sheriff’s presence at the Lake will make a difference. The Commissioners said they would have Justin Meeks review the letter; Ben Cole questioned if there were any citations issued at the Lake would Justin Meeks prosecute them if they went to court, the Commissioners said yes.

Rhonda Dunn discussed the tax auctions involving lake lots at the Hidden Valley Lake; Rhonda said that the County doesn’t recover the cost of selling the lots at the auction. Mr. Nickelson purchases a large amount of the lots from the auctions; Rhonda asked Mr. Nickelson if he was aware of any other Lakes that sold property differently than Bourbon County does at the tax auctions; he said he would think about different ideas for selling the lots.

Arnold Schofield and Jerry Witt with the Fort Scott and Bourbon County Riverfront Authority met with the Commissioners; they said they weren’t asking for any money, but were asking for labor from the County regarding the Long Shoals Bridge. They said a preliminary engineer had been hired for the site and they were on a tight time schedule to get work done prior to April 4th, 2017. They asked for assistance to remove the trees grown up in and around the bridge; the Commissioners said they didn’t want to get near the bridge and said they didn’t have some of the necessary equipment to remove some of the trees; Mr. Witt asked if the County would take the top of the trees down, the Commissioners said no, they were concerned about damaging the bridge. The Commissioners said removing the bridge would require a permit from Eric since the bridge is in a flood plain. It was questioned if the County owned the land to the South of the bridge; they said there was two ways to remove the bridge either by having a crane lift the bridge or using a roll off and moving the bridge to the South and sit on the land to the South until the bridge is dismantled for movement. The Commissioners said they would have to find out if the land is County owned. They asked if the County could remove the brush around the entries of the bridge; the Commissioners said the County may be able to remove the brush to the North and South of the bridge. Mr. Schofield made a request that if the Riverfront Authority took the responsibility of removing the tress, would the County write a letter to the Riverfront Authority allowing them to take the trees down since they are on County property. The Commissioners said yes they would write a letter; Kendell suggested involving Justin in writing the letter.

Terri Shoufler with Espy Services had a conference call with the Commissioners; their company does telecommunications audit & analysis. They did an audit in 2012 for Bourbon County and found savings on phone bills. The Commissioners informed her that the County would be installing fiber and getting an IP based phone system. Terri said that if this was happening then it would not be a good time for an audit. She asked if she could contact the County again after this work was done for consideration of an audit then; the Commissioners said yes she could.

David Neville met with the Commissioners regarding replacing the lights at the Courthouse with LED lights; the Commissions said they wanted to review the budgeted funds before they made a decision on this. David also reported that there was hail damage to the air conditioner condensers on the jail side; David reported that there was over $10,000 in damages. David asked if the County wanted to replace them, the Commissioners questioned if they needed replaced since they would be changing the use of the jail space.

Lynne made a motion to go into a 20 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 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 and Justin Meeks discussed the Commissioners doing a Resolution allowing the Bourbon County Sheriff’s department to patrol at Hidden Valley Lakes. Kendell will do the Resolution for approval.

Justin Meeks said he had met with Bob Farmer to discuss a road at the Fort Scott Lake that Bruce Majors felt was a public road. Justin said Bob is reviewing the road.

The Commissioners talked to Justin Meeks about an approval letter allowing the Riverfront Authority to do work on County property where the Long Shoal Bridge is located. Justin suggested that if it determined to be County owned property that Kendell write a letter allowing this and stating that waiver of liability insurance and general liability insurance will be required along with stating that the trees need removed once from the site once they are cut.

The Commissioners and Justin Meeks discussed the 3 year ambulance contract with Mercy Hospital; Justin reviewed the contract. The Commissioners did not make a decision regarding the contract.

The Commissioners and Justin Meeks discussed the audit of Fire District #2; Jeff said that the auditor has made several unsuccessful attempts to contact the Fire District by phone. The auditor wants an overview of the bookkeeping mechanism before giving a quote on the cost of performing an audit. Justin suggested that the auditor request the documents through a KORA request (Justin said the auditor would have to request the KORA form from the fire district) to the fire district (he said there could be fees associated with this). Justin said if the KORA request isn’t responded to, then there could be fines and penalties associated to the Fire District. Justin suggested that the auditor send a KORA request letter to Charles Gentry (the attorney for the fire district) and one to the fire district in regular mail and one by certified return receipt to the fire district.

At 12:17, Nick made a motion to break for lunch and reconvene at 1:30, Jeff seconded and all approved.

Lynne signed a change order for the Law Enforcement Center; the change order moves $16,134.00 into a contingency fund.

Justin Meeks presented a letter to the Commissioners from the Attorney General’s Office regarding the Drywood and Scott Township; Robert Farmer made a request to the Attorney General for an opinion. He questioned which entity can order an audit of a rural fire department and which entity bears the cost and what is the term of office for a fire board member; their response was “at the General’s discretion, we will issue a formal written opinion when the issue is of statewide concern and our resources permit it. Unfortunately, your first question is not a question of statewide concern. Additionally, it appears that a discussion and resolution regarding your first question has taken place with the Bourbon County Commission on February 21, 2017. Finally, we will not issue an opinion when litigation is pending. Your second question does not require an interpretation of a statute or constitutional provision, and therefore, does not present a question of law. For these reasons, it is with regret that we must decline your request.”

The Commissioners and Justin Meeks reviewed the employee handbook.

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, Justin Meeks and Kendell Mason). No action was taken.

The Commissioners are having a work session on March 22, 2017 at 9:00 to discuss Courthouse improvements.

David Neville was previously asked to get bids for replacement 900 LED light bulbs for the Courthouse; 1000 Bulbs bid $6,285.22, Locke Supply bid $9,274.39 and Kris Davis Company bid $18,669.97; Jeff made a motion to approve the low bid from 1000 Bulbs of $6,285.22 and to pay for this out of the Contingency other fund, Nick seconded and all approved. The Commissioners informed David Neville of this decision.

Nick made a motion to approve the Mercy Hospital Contract for a period from 07/01/2017-06/30/2020 (the contract rates are as follows: 07/01/2017-06/30/2018 $25,636 monthly, 07/01/2018-06/30/2019 $26,277 monthly and 07/01/2019-06/30/2020 $26,393 monthly), Jeff seconded and all approved.

At 4:00 pm, 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

03/28/2017, Approved Date

March 14, 2017                                                        Tuesday 9:00 am

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

Jason Silvers with the Fort Scott Tribune and Chris Bosley with Ward Kraft were also present.

Lynne said that Gary Walker with Universal Construction cancelled the noon meeting today at the new jail site.

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 and Jim Harris). No action was taken.

The Commissioners are going to have a Commission meeting on March 30th at 7:00 pm at the Uniontown Fire Department.

Jim Harris reported that they have started ditching; he said they have ditched one mile at 120th & Cavalry and are starting to do ditching at 155th & 54 Hwy going south. Jim said they hope to do 50 miles of ditching in the County this year.

Jim Harris reported that the bids for the replacement dump truck will be opened on March 28th at 9:00 am.

Jim Harris reported that he discussed haying the old dump site (located at approximately 225th & Native   Road, West of the Maple Grove Cemetery) with KDHE; Charley Bowers with KDHE approved the County being able to take bids on the hay there. The bids will be opened on April 11th, 2017.

Jim Harris reported that they will be burning at Elm Creek on March 15th, 2017.

The Commissioners are going to ask Justin Meeks to review the documents that Jeff Fischer provided on an access road at the Fort Scott Lake.

All of the Commissioners will be attended a district meeting in Labette County on March 16th, 2017.

The Commissioners and Jim discussed the Zika tire disposal grant; Jim said it hasn’t started yet and said that Allen County will not allow cut tires to be disposed in the solid waste.

Jim Harris reported that he is meeting Frank Young at the Womelsdorf quarry (a possible quarry site for the County); Jim said they are going to look at the rock there and do a test quality on the rock debris without drilling.

The Commissioners discussed possibly getting a grant from KDHE for repairs at the Elm Creek Lake (building, hook up, etc. repairs); they asked Jim Harris to question KDHE about any grants that are available.

Jim Harris and the Commissioners discussed the expansion of south 69 Highway; Jim is going to schedule Darren Petrowsky with the KDOT to meet with the Commissioners to discuss the access roads and bridges on the highway.

The Commissioners discussed the permitting process regarding work done in flood plains; Jim said anytime he has to call dig safe for a project he sends the information to the County Sanitarian Eric Bailey for him to do the permits.

Jim said they will be installing 2 60” culverts for a bridge at 90th between Indian & Jayhawk.

The Commissioners said that the City of Fort Scott is going to do tourism instead of the Chamber of Commerce.

The Commissioners held a work session to discuss the current jail and sheriff space; the preliminary decision was that they will move the Attorney’s office into the Sheriff’s side, possibly renting out offices in the jail side, a possible storm shelter, having holding cells for court cases and possibly changing the recreation room into a law library.

Mercy Hospital representatives Chrissie Keating and EMS Manager Danny, met with the Commissioners regarding the 3 year ambulance contract; currently the County pays $25,011 monthly to Mercy Hospital (which ends June 30, 2017), the proposed contract rates are as follows: from 7/1/2017-6/30/2018 the monthly amount is $25,636, for 7/1//2018-6/30/2019 the monthly amount is $26,277 and from 7/1/2019-6/30/2020 the monthly amount is $26,393. They said they have approximately 1,500 calls per year (85% of the calls are within a 5 mile radius of the City of Fort Scott and 15% are beyond the 5 mile radius). The Commissioners said they would review the contract once Commissioner Jeff Fischer was available.

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

Jeff Fischer arrived at the meeting; he had been in District Court, he was subpoenaed to Court regarding a court case involving Drywood Township.

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

The Commissioners asked Justin Meeks to review a Deed of Dedication regarding a road at the Fort Scott Lake making this road a public road.

At 11:40 am, Nick made a motion to break for lunch and reconvene at 1:00 pm, Jeff seconded and all approved.

Rhonda Dunn met with the Commissioners; Lynne asked for ending 2016 budgeting balances. Rhonda said she would present the ending balance to them within a few days.

David Neville presented a map showing the floor plans of the jail/sheriff side of the Courthouse.

The Commissioners discussed the option of purchasing the gas utilities for the Courthouse and the future law enforcement center from a different company other than Kansas Gas Service; Kansas Gas Service provided a list of different gas suppliers that uses Kansas Gas Service’s lines to transport their gas. Kendell will follow up with the companies to get quotes for possible savings to the County.

Jim Harris met with the Commissioners; Nick asked Jim if he had the report back from Schwab Eaton regarding the bridge on 215th over the railroad tracks, Jim said he contacted Schwaab Eaton and they are working on the report.

The Commissioners and Jim Harris discussed the whether the road at the East end of the Fort Scott Lake was a private or public road; after looking at the map the Commissioners feel that the road is a private road.

Leon Hester met with the Commissioners regarding a Solid Waste Processing Permit from KDHE; he said he would like to sort out his roll off containers (for recycling) on his property across from the Landfill, verses sorting them at the Landfill. Jim Harris questioned whether the County would be in competition with him in a few years. There was discussion over doing a non-compete clause, Leon said he didn’t have a problem with a non-compete clause. Jeff made a motion for preliminary approval for a Solid Waste Processing Permit, Nick seconded and all approved.

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, Justin Meeks and Jim Harris). No action was taken.

Ron with Sugar Valley & Hidden Valley previously met with the Commissioners regarding Bourbon County enforcing traffic laws at the Hidden Valley Lake; Justin suggested having Hidden Valley Lake set up an agreement for this. The Commissioners felt that they needed to work with the Sheriff and Ron at Hidden Valley and have them come up with a plan and a contract for minimal patrol at that area; Lynne called Ron to tell him this information, he asked that Ron develop a site specific plan, he explained to Ron that there would be minimal patrolling at the Lake.

Jeff called and left a message for Terry Sercer; he asked about the progress on the audit for the Garland Fire District.

At 4:09 pm, Jeff 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

03/21/2017, Approved Date

 

March 7, 2017                                                         Tuesday 9:00 am

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

Chris Bosley with Ward Kraft was also present.

The Commissioners received letters from Linda Baker asking them not to spray near her house on Locust Road due to allergies; Jim said he would share the information with Noxious Weed.

Jim Harris and the Commissioners discussed a road at the East end of the Fort Scott Lake; Bruce Majors contacted Nick to discuss the road, he said that the County and City signed a document in 1992 agreeing to provide maintenance and public access on this road; Jim said according to the latest map, the road is a private road. Lynne said the County maintains the main road, but generally doesn’t maintain the alcoves off of the road. Jim said if this road is going to be a County road, then it should be surveyed and platted for the records. The minutes from August 7, 1992 show that the Commissioners signed the acceptance of Deed of Dedication with the City of Fort Scott conveying the road for public use to the County. According to the minutes, this was to have been filed with the Register of Deeds.

Jim Harris said the County recently lost a dump truck in an accident; he said he is negotiating with the insurance company (he felt the estimate for the value of the truck was low). Jim reported that the insurance company is offering $77,500 for the truck. Jim said the County still owed approximately $62,000 for the dump truck. Jim asked for permission to get sealed bids for a new replacement dump truck. Jeff and Lynne both felt it would be ok to get quotes. Nick made a motion to give Jim permission to get sealed bids for a new replacement dump truck, Jeff seconded and all approved.

Jim Harris asked permission to hire for a part time position at the Landfill; he asked if he needed to advertise to fill the position; he was told to ask the County Counselor about advertising to fill the position. Justin suggested he advertise to fill the position. Jeff made a motion to give permission to hire a part time person, Nick seconded and all approved.

Jim Harris reported that the Road & Bridge department had been removing trees off of the roads due to the wind storm on March 6th, 2017.

Jim and the Commissioners discussed the Maple   Road project; Jim said they are putting pipe in next to the road, adding shoulders, widening the road, adding stripes and signs.

Jim Harris reported that the County had seeded at the new jail site. There was discussion over trees located behind the job trailers, Nick said the trees could be cut and the stumps left, but in the end he suggested that the County not cut the trees.

On March 8th, 2017; the Commissioners will have a work session at 9:30 am to discuss the future of the old jail and repairs to the Courthouse. Nick said he had an LEPC meeting at noon the same day. The Commissioners will also meet at 1:30 pm with the Kansas Department of Agriculture and the Kansas Department of Resources to discuss the permitting process for work done in the flood plain; the Commissioners told Eric Bailey to invite the City of Fort Scott to this meeting.

Lynne discussed a bridge out on 90th between Indian and Jayhawk Road; Jim said he felt it would take a 10’ pipe and cost approximately $10,000 to repair. Jeff questioned if 2 5’ pipes could be used instead of a 10’ pipe; Jim said he would review the hydraulic study to see if this would work. Jim said he would work with Eric Bailey regarding a DWR permit for this area. Jim said the bridge would take one day to replace, Nick suggested that while they were in the area they do some ditching. The Commissioners gave Jim permission to fix the bridge.

Jeff said he had received a call from Mark Watson regarding drainage near his property at 170th & Cavalry; Jim said the County could have a hydraulic study done at this site to see if a culvert needs installed; Jeff said he would like to be present for the hydraulic study (to understand the process), Nick made a motion for Jeff to be present for the study, Lynne seconded and all approved.

Jim said the first step for a culvert installation is getting a hydraulic study completed.

Nick questioned why the County didn’t take bids for the hay on the property that was formally the old Landfill. Kendell suggested contacting KDHE to see if the County could take bids on the property; Jim said he would contact Charley Bowers with KDHE regarding the old Landfill site.

Jim suggested the hay at Elm Creek be burnt off, he is going to work with Noxious Weed to get the property burnt off; Kendell questioned if the Commissioners wanted to take bids on the hay at Elm Creek Lake, it was decided to take hay bids for Elm Creek, and the hay has to be removed by August 1st, 2017. Kendell will advertise for bids.

The Commissioners discussed 230th North of Jayhawk; the Commissioners agreed to fill the pot holes there and possibly put the road on the 2018 project list.

All of the Commissioners will be attending a meeting a Southeast Kansas District meeting on March 16th in Labette County; they will ride with Jim Harris to the meeting. No County business decisions will be made.

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 and Justin Meeks). No action was taken.

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.

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, Justin Meeks and Kendell Mason). No action was taken.

Justin Meeks suggested that one Commissioner be a spoke person for the permitting process meeting at 1:30 on March 8th, 2017; it was decided that Jeff be the spoke person for this meeting.

The Commissioners discussed Pro Energy; Pro Energy approached the County about using their company as a gas utility provider for the Courthouse. Jeff suggested that Kendell talk with Kansas Gas to notify them that we are considering switching utility carriers.

The Commissioners signed the fence viewing decision between property owners James McMichael at 2230 160th St., Mapleton, Kansas and Joy Wiltse at 2237 Hwy 7, Fort Scott; the decision was that the fence does need to be repaired. This document will be filed with the Register of Deeds office.

Shane Walker met with the Commissioners regarding purchasing a recording device for the Commission meetings, Shane said it would cost approximately $1,800 for the equipment; Lynne made a motion to allow Shane to purchase the equipment, Jeff seconded and all approved.

Will Wallis met with the Commissioners regarding the storm that the County received on March 6th, 2017; he reported that there were at least 2 families displaced due to the storm as well as 13 structures reportedly damaged and power lines down around the County.

Nick and Jeff both agreed that Lynne could sign the proclamation celebrating 49 years of fair housing and proclaiming April as Fair Housing month.

Nick reported that Carol Hill had a flag pole to donate; Nick questioned if the County wanted it for the new jail site. Nick said he would take a picture of the flag pole and present it to the Commissioners on March 14th.

The Commissioners viewed some old unused voting equipment (boxes with voting booths inside) that the County needs to dispose of; the Commissioners agreed to sell the equipment for $20 each, first come first serve.

At 12:05, Lynne made a motion to adjourn and Nick seconded.

                                                THE BOARD OF COMMISSIONERS

                                                OF BOURBON COUNTY, KANSAS

                                                (ss) Lynne Oharah, Chairperson           

                                                 (ss) Jeff Fischer, Commissioner

                                                   (ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

03/08/2017, Approved Date

 

February 28, 2017                                                             Tuesday 9:00 am

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

Chris Bosley with Ward Kraft was also present.

Jim Harris met with the Commissioners; he sent the Commissioners a picture of the boom mower that the County owns, he said it was fixed three weeks ago, but is now broke again, he wasn’t sure if it was fixable. Jim said he felt that the Commissioners were going to have to make a decision regarding the tractor or park the tractor. There was discussion (sizes and prices) over John Deere tractors available from Diamond Mower Company verses purchasing a tractor from R&R Equipment in Fort Scott. Jeff said he felt that R&R had given a competitive quote for a tractor, he said R&R helps support our local economy; Jeff said he was in favor of buying one tractor from R&R and having a mower installed on the tractor. Jim said the County owns equipment that was purchased from R&R; he said they send that equipment to Joplin when repairs are needed. Nick said he felt the County should purchase two tractors form R&R for the same price as the other quotes plus shipping. Lynne asked Rhonda Dunn to check the 2016 carryover balance for the Road and Bridge accounts (without the Landfill fund and the Sales Tax fund); he also asked that she check the balance in the Special Machinery fund.

Nick made a motion to suspend the meeting to attend a fence viewing between property owners James McMichael at 2230 160th St, Mapleton and Joy Wiltse at 2237 Hwy 7, Fort Scott, Lynne seconded and all approved (Jim Harris drove the Commissioners to the fence location).

After the fence viewing, the meeting reconvened.

Tammy Helm with the Fort Scott Tribune and Michelle Workman with Fort Scott Biz arrived at the meeting.

Present to discuss the possible addition of the 16 additional beds at the new jail were Bobby Reed, Ben Cole, Bill Martin, Alvin Metcalf, Brian Wade, Harold Coleman, Dennis Downing, Rhonda Dunn and Curt Russell. Bill Martin said he wanted to bring to everyone’s attention the inadequacy of what was reported in the news media, he said he wanted to clarify some things so that everyone had a better understanding of what was going on.   Bill said they requested 8 cells (which could hold 16 inmates) not 16 cells as was reported. He said the original bond project was $6.85 not $6.58 as reported. He said the additional 2,000 square footage didn’t cost and additional $800,000 as reported, Bill broke down 2,000 square feet as follows: 505 square feet for a training room, 100 square feet for the armory, 100 square feet for a restroom, 300 square feet for public interviewing, 70 square feet for the attorney visiting room, 100 square feet for the administrative office, 250 square feet for the evidence lab and 575 square feet for housing pods and circulation quarters. Bill said the additional cells would not cost an additional sales tax and said the sales tax for the jail would sunset at 20 years or the bonds could be paid off early. Bill said no additional staff would be needed for the additional 16 beds. Bill said a Commissioner previously discussed the County population decreasing, but Bill discussed the building of additional apartments for residents that are being built in the City of Fort Scott, Bill said the money generated for the jail is based on sales tax, not the County population. Bill discussed the tourism in Fort Scott as well as the sales tax generated from tourism. Bill stated that the increase in the 2017 County mill levy had nothing to do with the jail project. Rhonda Dunn provided a report showing sales tax collection for the jail; she said the money is coming in above what was budgeted. Bill said he recently received a phone call requesting bed space in Bourbon County, but Bill said he had to turn them down because there wasn’t any bed space available. Dennis Downing questioned Bobby about the increase in jail population; Ben Cole stated that they arrested 8 yesterday. Dennis said the additional beds are not what the people voted for and said what was voted for barely passed. Brian Wade said that people voted on a specific amount, he said past Commissioners added an additional $1.7 million to the project and now it’s been requested to add another $386,000 to the project, he said the $386,000 would equal out to approximately $21,000 a bed, Brian said the $35/day received for out of county housing wouldn’t cover the light bill for the cells, Brian said in 20 years residents will still be paying for a jail that is worn out. Brian discussed the 70 registered convicted felons in Bourbon County verses the 100 in Crawford County; he said if you house an inmate here, they are likely to stay here. Dennis questioned wanting to add the additional beds based on the possible influx of inmates. Bill stated that KDOC is willing to house inmates here. Ben Cole stated that it takes money to make money. Rhonda Dunn stated that the voters approved a .4 cent sales tax for 20 years; she said the surplus would be spent on law enforcement and Courthouse upgrades or remodels. Rhonda also stated that it is not costing tax payers anymore, that we are committed to .4 cent sales tax for 20 years. Rhonda stated that the jail sales tax estimate is $676,000/year and said that in 2016 Bourbon County received $761,071.93 in sales tax; she said the sales tax for the jail came in better than planned, but she said it could be down in the future. Brian Wade stated if we keep burdening residents, that people won’t want to live here. Brian asked the Commissioners to please vote no on the additional beds.   Curt Russell felt the same as Brian. There was discussion over the mill levy increase; Lynne stated the increase was to cover an increase in cost for employee benefits. Rhonda said she had not seen the economic side of adding the additional beds. Bobby stated that we will still be heating a cooling the space whether there are beds there or not. Dennis Downing stated that the architect previously stated that the project cost was all inclusive; Lynne said that labor and material cost has gone up adding $1.7 million to the project. Rhonda said the jail contract states what is covered and what is not covered. Dennis stated that the cells could be added at a later date, Ben Cole said that the pods will cost more in the future. All of the Commissioners said they had received phone calls both from people for the additional pods and people against adding them. Jeff said he tries to think about the taxpayers and said he was trying to think about how to live within the means; he felt the County should pause on the cells and see if in the future if we can afford them, he felt that the public would be more accepting of this. He said he felt that the taxpayer felt like they were loosing control. There was discussion over the medical expenses of inmates which are added to the inmates’ restitution. Bobby said that the out of county inmates medical expenses are turned over to the home county of the inmate. Bill discussed the probation and release of inmates, he said sometimes it’s a revolving door, Bill said he has told the local Judges and Attorney to leave some of the inmates in jail. Dennis said he never objected to a new jail, but didn’t feel the County needed 90 or more beds. Bobby said that the Commissioners asked for revenue from housing inmates, so they presented the Commissioners with this information. The Commissioners questioned if a change order was made, how much additional time would this add to the project; no one was sure of this answer. Lynne said that the Commissioners did not request an RFC (change order) and said the $800,000 quote came from Steve Smith at Universal Construction. Jeff told Bill that he admired his leadership; he said he knew that Bill had taken a lot of heat from the project; Jeff said it was nice to see the jail construction progress. Lynne made a motion to not include the additional pods, Jeff seconded, Nick said he would like to consider doing the additional pods now since we will be heating and cooling the space anyway, he said he felt it was better to add them now than in 5 years. Lynne said in 2-3 years the County could pay cash for the pods if the revenue is there from the housing of out of County inmates. Bill Martin said the remodeling of the Courthouse and old jail site should be put on hold, he questioned how he would be able to save excess money, Bill said the jail project took 5-6 years to get the project started, Bill said the excess money should be placed in an account and not be touched, Lynne asked Rhonda Dunn if she could set up an account for the revenue from housing out of county inmates to be placed in, Rhonda said yes this could be done, Rhonda suggested moving the Sheriff and Jail funds to their own fund (separate from the General fund) so that the profit from the jail operation could be set aside for reserve for the maintenance, upkeep and salary expenses. Brian Wade said if the jail was going to be a business, if it makes a profit use the profit for the needs. Lynne, Nick and Jeff all approved not to add the additional pods, motion passed.

Nick made a motion to break for lunch so that the Commissioners could attend a jail progress update at the new jail site and reconvene at 1:30 pm, Jeff seconded and all approved.

Mike Williams with Pro Energy met with the Commissioners. He previously met with the Commissioners and received permission to run a check on the County gas utility usage for the past 24 months to compare what Pro Energy could have saved the County (Pro Energy uses Kansas Gas Companies lines to deliver gas to customers); Mr. Williams said if the County had used Pro Energy for the cost of gas for the Courthouse they would have saved the County a combined total of $3,450 in 2015 and 2016. He said he couldn’t predict future savings, he said the savings would depend on the market and weather, he said if the County signed the agreement then the new jail would be eligible to use Pro Energy too. The Commissioners said they would take the option to switch to Pro Energy under consideration and said they would let Mr. Williams know of their decision.

Shane Walker met with the Commissioners; Shane was asked to get a price quote for a recorder for the Commission meetings. Soniclear quoted $1,890.00 for the recorder, software, license, microphone kit, cords and adapters. Shane said the recorded data would be stored on a server. There was discussion over if the software would convert the recorded data to printed minutes; Shane later informed the Commissioners that this software would not do this. The Commissioners did not make a decision on the recording equipment.

Eric Bailey met with the Commissioners & Jim Harris regarding having tire drop off locations in the Cities in Bourbon County (Bourbon County is receiving a grant from KDHE for $11,000 ($1,000 is to be used for advertising and $10,000 is to be used for the cost to dispose of the tires) for tire disposal as part of a Zika Amnesty Program) Eric said each city would have one day to accept the tires from 8:00am-11:00 am, the dates for the various cities is as follows: Bronson-March 18, 2017, Uniontown-March 25, 2017, Mapleton-April 1, 2017, Garland-April 8, 2017, Hiattville-April 15, 2017, Fulton-April 22, 2017 & Redfield-April 29, 2017. Jim Harris said he would contact the Mayors of each of the Cities to work with them on the guidelines for the tire disposal program. Eric said he is waiting on the funding to be in place for this program. If anyone has questions about the tire disposal, they can contact Eric Bailey at (620)223-3800 ext. 126.

The Commissioners continued their discussion regarding the fence they viewed which was approximately 2,640’ running North & South, located in the Southwest quarter of Section 6, Township 24 & Range 24, in Freedom Township in Bourbon County, Kansas (the fence is located between property owners James McMichael at 2230 160th St., Mapleton, Kansas and Joy Wiltse at 2237 Hwy 7, Fort Scott, Kansas. Nick made a motion that the fence does need to be repaired as it is insufficient as viewed, and order and assign that the two property owners should share the expense equally, Jeff seconded and all approved.

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 and Jim Harris). After the session, Jeff made a motion to allow Jim to start the hiring process to fill a full time truck driver position, Nick seconded and all approved.

Kevin Allen met with the Commissioners; he asked Nick if there were anymore texts that he wanted to put in the newspaper (at the last Commission meeting Kevin had sent Nick a text asking how to make contact with the jail site supervisor so that he could provide a trash roll off service there, Nick discussed this in the meeting and provided Kevin with a contact phone number). Nick told Kevin that he got the text in the middle of a meeting and that he had to share the message in order to conduct the County business. Kevin discussed the County Commission meeting times and the fact that they are during the day which makes it hard for some to attend the meetings, he suggested evening meetings; the Commissioners informed him of their plan to hold an evening meeting quarterly, Kevin felt the evening meetings should be held more often than quarterly. Jim Harris said that in 1998 or 1999 the Commissioners tried holding evening meetings, but said no one came to the meetings.

Ron Nickelson with Hidden Valley Lake (in Bourbon County) and Sugar Valley Lake (in Linn County) met with the Commissioners, Bill Martin and Ben Cole. He said that the Linn County Counselor created a resolution that the Linn County Commissioners signed (the resolution was an agreement between Linn County and Sugar Valley to comply with Kansas traffic laws and to treat the roads there as a public highway, giving the Sheriff permission to patrol there and make arrests there on the private roads if necessary). He asked that Bourbon County create their own resolution to be used between Bourbon County and Hidden Valley Lake. Mr. Nickelson said they appreciate the Sheriff’s presence in the area, he also said they are making progress by cleaning up the area there, he said homes are being built at the lake and said that the tax base is improving there. Bill Martin said he felt the resolution would be a supportive tool for the Sheriff’s department to use to enforce the laws on private property. The Commissioners said they would work with Justin Meeks in regards to a resolution.

Jim Harris met with the Commissioners to discuss the 2016 ending cash balances for the Road & Bridge departments, Rhonda Dunn gave the Commissioners and Jim a report showing the 2016 ending cash balances, Road and Bridge ended with a cash balance of $96,086.66 compared to the planned carryover of $48,796, Bridge & Culvert ended with a cash balance of $57,084 compared to a planned carryover of $1,627, Noxious Weed ended with a cash balance of $18,876 compared to planned carryover of $21,764 and Special Bridge ended with a cash balance of $2,098 compared to a planned carryover of $625. Nick made a motion to purchase two New Holland T6145 tractors from R&R Equipment in Fort Scott ($112,200 each for the tractor and $41,700 each for the side boom mower from Diamond Mowers), Jeff seconded and all approved.

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 15 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 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, Justin Meeks and Kendell Mason). No action was taken.

The Commissioners discussed with Justin Meeks the resolution for Hidden Valley Lake as requested by Ron Nickelson; Justin said down the road if the work at Hidden Valley Lake were to get busy, the County would be responsible for employee coverage there, he said this would be patrolling private property and reminded the Commissioners that by adopting such a resolution they could be setting precedent. Justin said he would review the sample resolution from Linn County.

On March 8th, 2017 at 9:30 am, the Commissioners are going to have a work session to discuss the future of the old jail and the repairs to the Courthouse; at 1:30 they will meet with the Kansas Department of Agriculture and the Kansas Department of Resources to discuss the permitting process. The Commissioners asked David Neville to get a price quote to put LED lights (P1 previously did an energy audit for the Courthouse, they recommended LED lights as a step in conserving energy) in the entire Courthouse (less the jail/sheriff side) and asked that David present these during the March 8th meeting.

At 4:27 pm, 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, Kansas

03/07/2017, Approved Date

 

February 21, 2017                                                             Tuesday 9:00 am

The Bourbon County Commission met in open session with Nick, Lynne and Kendell present. Jeff was on the conference phone.

Tammy Helm with the Fort Scott Tribune and Chris Bosley with Ward Kraft were also present.

L.D. Feagins with the City of Redfield met with the Commissioners and Jim Harris regarding the streets in Redfield. He said if there was enough allocations available for the City of Redfield he wants to get the corners fixed in Redfield, he said it would take some asphalt to fix them, he also said there is a large hole in the road at 2nd & 125th, and a culvert with concrete near the church that he felt needed repaired.

Brian Wade met with the Commissioners regarding spending more money on the jail; he said the spending has to stop and the Commissioners need to be the ones to stop it. He said he didn’t vote for the new jail, but said the ones that did vote for it voted for a $6.5 million project. He discussed the extra $1.7 million bond and now the possible $300,000 for the extra pods. Brian said this spending is burdening the tax payers and the future tax payers for our County. Brian also discussed the County dump trucks; he said that the dump trucks convoy by filling up and waiting until they are all full before leaving together; he said this is a waste verses not going all together, Jim said if they all go together then the grader isn’t waiting on them, Brian said there are five people waiting verses making one grader employee waiting. Brian discussed the possibility of some of the roads being widened; he said there is no base for the roads to be widened.

Nick said he and Jim viewed roads in the County; he said he felt that a lot of the intersections needed widened due to the fact of trying to accommodate the farm equipment that is getting larger. Jim Harris reported that they are widening a road at 210th & Birch. They also viewed the bridge on 90th between Jayhawk & Indian Road; Jim said they are getting a hydraulic study to see how much drainage goes under the bridge.

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

Jim Harris presented quotes for tractors; O’Malley quoted $78,568.42 for a John Deere 6110M Cab Tractor, R&R quoted $70,500 for a New Holland T6145, a 50” mower will cost an additional $41,700 (plus an additional $2,000 for freight for each mower). No decision was made on the tractor.

Lynne reported that Allen Stewart with the City of Bronson said he had money allocated for chip and seal projects; Jim said he had visited with him regarding this. Mr. Stewart also asked for a secondary site for the tire disposal program that the County is getting a grant form KDHE for. Eric Bailey said he would check with KDHE to see if they would allow a secondary site; Jeff suggested if the cities wanted a tire disposal site in their City, perhaps the Cities could provide an administrator during the dump time for their City, to eliminate the County having to have a paid employee on site.

Jim Harris said the Landfill business has grown; he said that currently a Road & Bridge employee fills in on Saturday mornings as well as a few days a week, but said during the Spring and Summer he wouldn’t have the staff from Road & Bridge to cover at the Landfill (Jim said 2 employees are retiring in the near future). Lynne suggested that the County calculate the growth to see if adding a part time person (approximately 20-30 hours a week) at the Landfill is feasible. Jeff suggested adding a fee to some of the customers that aren’t good at sorting what they are dumping (which the County would then have to sort). The Commissioners are going to discuss a possible part time employee for the Landfill on February 28th at 2:15.

Jeff said he would report an address on Limestone road that needed culvert work done.

Jim Harris reported he had met with Mr. Womelsdorf regarding a possible additional quarry site at 210th & Tomahawk. Jim said it was a positive meeting.

Nick shared a text with the Commissioners from Kevin Allen regarding Kevin providing the roll off services at the new jail site (Kevin had been given an incorrect phone number for the jail site manager); Kevin was given a different number and told to contact the jail site manager.

Lynne reported that there is approximately $72,000 remaining to pay the Goldberg Group.

The Commissioners discussed the additional pods for the new jail; they discussed the $389,000 expense (work and material), but said this cost wouldn’t cover the bond expenses. Jeff and Lynne said they both partly agreed with Brian Wade regarding the pods; Jeff said he felt that if the additional pods are what the County wants, then we should save for them. The Commissioners are going to discuss the additional jail pods on February 28th at 10:45 am.

Lynne said he had requested that Shane Walker get the blue prints for the original jail site.

The Commissioners will have a work session on March 8th at 9:30 am to discuss the future of the old jail and future repairs to the Courthouse.

Dennis Downing met with the Commissioners regarding adding the additional 16 jail cells now verses later. He stated that this was not what the voters voted for.   Mr. Downing presented a letter discussing what was approved by the voters and the additional cost that the County has faced regarding the jail. He suggested taking the additional cells issue to the voters for approval.

Treasurer, Rhonda Dunn met with the Commissioners and Justin Meeks; she presented a 12/30/2016 idle funds report for 2016. She reported that there is $10,907,966.03 in the checking account at Landmark and $5,795,535.38 at the checking account at UMB. She reported that the CD investment amount is $1,640,000. Rhonda said before the County switched to Landmark bank they didn’t receive interest on the accounts, but reported that at Landmark the County received $9,778.34 in interest in 2016 and paid charges of $4,362.26 to them.

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, Rhonda Dunn and Justin Meeks). No action was taken.

Justin and Rhonda discussed the tax auctions with the Commissioners; Justin questioned if the Commissioners wanted to take another step when personally serving people that don’t live in Bourbon County that owe money for tax auctions. The Commissioners are going to discuss this at 11:15 on February 28th. Lynne made a motion to allow Rhonda Dunn permission to start the title search on a Hill Street property (the title company charges $75 for this), Nick seconded and all approved.

Rudy Simpson met with the Commissioners and Justin Meeks regarding the distribution of tax funds for the Pleasant View cemetery. For many years the tax distribution had gone directly to the Cemetery board, but recently the Township board requested that the money be sent to the Township board and they would distribute the money to the Cemetery board. The cemetery board questioned why this change was made. Justin was asked to research to see how the money should be distributed; Kendell reported that she had spoke directly to the Kansas Municipal Services and their opinion was that the Cemetery board determines their own levy amount, and they felt that it was a separate taxing entity and felt there was no reason for the money to go to the township board, but that it should go directly to the Cemetery board. The Commissioners will instruct the Township board that received a distribution recently to distribute this money to the Cemetery board.

Justin Meeks reminded the Commissioners that when they leave the Commission room they are not allowed to do Commission business unless they have the authority to do so.

Nick made a motion to go into a 7 minute executive session for attorney client privilege with possible litigation, Jeff seconded and all approved (the session included the Commissioners, Kendell and Justin Meeks). No action was taken.

At 11:31, 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, Michelle Workman with the Fort Scott Biz and Chris Bosley with Ward Kraft were present.

There was discussion over possibly recording the Commission meetings; Lynne said he had asked Shane Walker to check into a cost to do this. Nick said he felt the meeting should be recorded and that anyone attending a meeting should be aware that they are being recorded. Jeff said he felt we should record the meetings, he said he felt this was one step closer to a transparent government.

Eric Bailey met with the Commissioners regarding the tire disposal grant from KDHE; he asked if the County wanted all of the smaller towns in Bourbon County to possibly have one day to dispose of tires in their town. Eric said he needed to fill out paperwork with KDHE and include any towns that the County would want to have a location to dispose the tires. There was discussion over doing the dump sites on Saturdays or during the week, but it was decided to try doing this on Saturdays.

Eric Bailey said that on March 8th at 1:30, Kansas Department of Agriculture and Kansas Department of Resources will be here to discuss the permitting process regarding work done in a flood plain.

Justin Meeks reminded the Commissioners that there was still an ongoing active litigation between Fire District #2 and Scott and Drywood Township.

Lynne suggested that Nick talk to Shane about a recording device for the Commission meetings, Nick said he would talk to Shane about this.

Dwayne Allen with Drywood Township and Don Banwart with Scott Township met with the Commissioners, Justin Meeks and Rhonda Dunn. Don Banwart said he wanted to update the Commissioners on what was going on between Drywood Township, Scott Township and Fire District #2. He said he believes that Connie May as an individual has sued the Townships, but not the Fire District Board. He said a temporary restraining order had been placed against them. Don said the Township board signed a statement that Connie May claimed to have written, but she wouldn’t sign. Don said they have been told that Charles Gentry would represent Connie May and file a motion of contempt and take the restraining order to trial. Don said they had spent over $6,000 in legal fees and felt that Fire District #2 had spent many times that. Don said he felt there was a safety issue for Fire District #2, he said he thought there were only 3 fire fighters on Fire District #2. Don said their constituents would like to see that the Commissioners order an audit on the Fire District #2 board. Don said that a joint meeting was held on February 14, 2017 between Drywood and Scott Township; at that meeting Darrell Bloomfield made a motion to request an audit of the fire department, Dwayne Allen seconded it, and Don Banwart said the audit could be paid for out of the funds for the fire department, the motion passed. Jeff Fischer was also present at that joint meeting as an individual, not representing the Commissioners. Don said that Drywood and Scott are the governing board for the Fire District, and said if they don’t live in the district they have to appoint a member to represent them, but the board can’t attend the meetings since there is a restraining order against them. Justin Meeks questioned if an audit was ordered, who would pay for it; Lynne read a 2016 statute 19-3638 discussing fire district audits and the costs associated with it; the Commissioners can order the audit and the township is responsible for the payment of the costs associated with it. Don Banwart said he was aware of this and said they will pay for this. Nick made a motion to order an audit of Fire District #2, based on 19-3638 and the audit will be paid for by Drywood and Scott Township, Jeff seconded and all approved. Rhonda Dunn said she had previously spoken to the Drywood Township Trustees about her doing the audit; she said since there is ongoing litigation , she didn’t feel it was a good idea for her to do the audit, she said there would be a cost associated for the audit to the Township and all were in favor.   Justin Meeks questioned if the Commissioners would be contacting an auditing agency to do the audit, he suggested that the audit results would go to the Commissioners and then the Township. Don recommended that the audit be done as soon as possible, he said there is a trial date coming up on May 16, 2017 and he felt the audit results would be helpful for their side of the case. Don discussed the Fire Department cleaning house on staff and suggested that the audit go back to this time frame. The Commissioners suggested using Diehl, Banwart for the audit of all transactions for Fire District #2. Don Banwart is supposed to inform Kendell of the date they want to go back to begin the audit through 12/31/2016.

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, 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 7 minute executive session for non-elected personnel to protect their privacy, Nick seconded and all approved, (the session included the Commissioners, Lora Holdridge, Justin Meeks 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, 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 10 minute executive session for non-elected personnel to protect their privacy, Nick seconded and all approved, (the session included the Commissioners, Kendell Mason 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, Kendell Mason and Justin Meeks). No action was taken.

At 3:24, 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

02/21/2017, Approved Date 

 

February 14, 2017                                                   Tuesday 9:00 am

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

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

Archie with Foley Tractor met with the Commissioners to present quotes for a motor grader; he quoted a 2017 CAT 120M2 for a base price of $223,778, a 2017 CAT 12M3 for a base price of $253,235 and a 2017 John Deere 670GP for a base price of $233,789.70. Both of the CAT graders come with a 108 month or 10,000 hour warranty and the John Deere comes with an 84 month or 7,500 hour warranty.   Jim recommended the 2017 CAT 120M2. After discussion the Commissioners asked Jim to get quotes for bigger tractors and mowers.

Jim Harris said he had a flood plain permit from Eric Bailey for the work done on 95th; Jim said he would sign the permit, but said he still had some questions about the permits. Jim said that according to the State if work is done on land less than 640 acres, we don’t need a permit.

Jeff asked that Jim ask Eric Bailey for a copy of codes for local permits.

Rudy Simpson met with the Commissioners; he said he farms land in both Bourbon and Crawford County. Rudy discussed the roads that are 16 foot wide and said that the modern agriculture equipment will take up the whole road making it difficult to get down the roads. Lynne gave permission for Nick and Jim to view the roads and to discuss this at a later time.

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, Jim Harris and Justin Meeks). No action was taken.

Kevin Rost with Goldberg Group Architects, Bill Martin, Ben Cole and Bobby Reed met with the Commissioners regarding the new jail. Lynne said when the jail was proposed to the citizens it was proposed as a 76 bed facility with the ability to add 16 beds later on. Bill discussed and suggested adding the additional beds now and (after completion) use the empty beds at the new jail for out of County housing; Linn and Crawford County both have expressed an interest of using the Bourbon County jail to house their inmates at $35/day/inmate. Atchison County said they weren’t interested in using the Bourbon County jail, but said the jail they built was paid off in half of the time due to the fact that they housed out of County inmates, but said now the jail population has grown and they are having to pay to house their inmates out, they suggested that Bourbon County build their jail big enough to accommodate any population growth. Bill said that the Kansas Department of Corrections may be interested in using the new jail for housing if they jail meets their requirements and if the jail can house at least 20 out of County inmates. Bill said other facilities also expressed an interest in using the Bourbon County jail for housing their inmates. At this time the Commissioners didn’t decide to add the additional jail cells. Kevin said that the jail cells should be on site today. Lynne told Kevin that there was brush and trees that were cut by a contractor at the jail site that the contractor was supposed to remove, but the County removed, Kevin is going to address this with the contractor.

All of the Commissioners will be attending a jail update meeting at noon at the jail site today.

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 Jim Harris). No action was taken.

Bill Martin, Ben Cole, Bobby Reed, Julie and David Saker with Saker Towing and Nick Porto (an attorney hired by Saker Towing) met with the Commissioners and Justin Meeks regarding the wrecker rotation policy. Mr. Porto said the current wrecker rotation policy for Bourbon County does not set minimum criteria, but said most other policies found elsewhere set minimum performance standards for people participating in their rotations. Mr. Porto said that it seems like Bourbon County has separated out the forfeiture calls; he said that the forfeitures and other calls should be on a rotation. Mr. Porto said he had sent a letter to each of the Commissioners establishing minimum criteria for lots and tow trucks, insurance requirements, he said he had identified 10-12 other law enforcement agencies near Bourbon County that charge $25/day for storage. Mr. Porto suggested that a tow company that doesn’t participate in seizures still be on a rotation. Justin Meeks said that the new jail site may eventually have a spot for seized vehicles. It was suggested that the County have a bidding process for towing (where each company be required to charge the same amount). It was questioned if everyone charges the same rate if a person needing a tow could still choose what tow company they wanted to use or could use the wrecker of the day (it was decided that they could choose a different company other than the wrecker of the day). There was discussion over how a seized vehicle could possibly be seized for years before it would be released (which could create a large impound cost). There are 4 tow companies in Bourbon County. The Saker’s said there was a wreck in Bourbon County that Pearson Towing went to and they weren’t the wrecker of the day; the Saker’s were told that the person involved in the accident requested Pearson Towing, the Saker’s said someone out of County wouldn’t know to ask for Pearson Towing and felt that a Sheriff deputy recommended that they ask for Pearson Towing. There was discussion over listing the tow companies alphabetically and allowing the people needing a tow to choose a company from the list verses having an actual wrecker of the day; Mr. Porto didn’t think that would be a good idea, due to the fact that the car needing a tow would be sitting on the road longer. The Commissioners plan to revisit the wrecker rotation policy at a later date.

Rudy Simpson met with the Commissioners and Justin Meeks regarding the distribution of Pleasant View tax funds; in the past the money has been distributed directly to the cemetery board, but recently the Township requested that the money be distributed to them and they would disburse as necessary. Justin Meeks was asked to research to see how the money should be distributed; he said he felt that he needed to do more research on statutes and the distribution. Rudy questioned why it is now an issue on how the money is distributed; Justin said it is his job to review to make sure that the money is distributed as it should be. Rudy said that Drywood Township is holding a meeting on February 14, 2017, but said it had not been published, Justin said the publishing could be as simple as posting a notice in a window of the meeting location. Justin said if it wasn’t advertised it could be a KOMA violation.

Lynne made a motion to go into a 20 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.

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.

At noon, Lynne made a motion to break for lunch, to meet at the jail location for a jail update and to reconvene at 1:30 at the Courthouse, Nick seconded and all approved.

The Commissioners will attend a jail progress update meeting at the jail site at noon, February 28th, 2017.

Mike Williams with Pro Energy Solutions met with the Commissioners. He said that Kansas Gas Service allows other gas companies to use their lines and sell their own gas. He said there is no additional cost for someone to use their company. He said someone would have to use a minimum of 800 mcf annually in order to qualify to use gas from their company. He said the Courthouse and the Law Enforcement Center both would qualify to purchase gas from them. He said Pro Energy Solutions averaged approximately 20% less for cost for natural gas then Kansas Gas did in 2016. He said based on the Kansas Gas Service November/December 2016 Courthouse gas bill; if the Courthouse used Pro Energy Solutions our bill for that month would have been approximately $129.43 less than Kansas Gas. He said there is no cost to switch to their companies nor would there be any equipment that would need to be switched out. He said it is a 12 month contract. Justin asked that he be emailed the contracts to review. Nick made a motion to allow Kendell to sign the permit to allow Pro Energy access to the County gas bill for the past 24 months so that they can give an estimate on what they could save the County, Jeff seconded and all approved. Kendell signed the permit.

The Commissioners discussed the additional 16 cells at the jail site; they said the cells would cost $389,040; they estimated if they were used for out-of-county housing they could bring in approximately $204,400. No decision was made on the additional cells.

Lynne made a motion to accept the annual report of election of station officers and request for appointment to the Board of Trustees from the Bourbon County Fire District #3, Nick seconded and all approved.

David Dare and Vicki McWilliams met with the Commissioners regarding a bridge at approximately 90th & Indian   Road; the bridge has a sign saying bridge out and they questioned when the bridge would be repaired. Lynne made a motion to allow Jim Harris and Nick Ruhl to view the bridge on February 15th, 2017, Jeff seconded and all approved.

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, Clint Anderson and Justin Meeks). No action was taken.

Eric Bailey met with the Commissioners and Justin Meeks; they discussed the permitting process regarding flood plain permits. There was discussion over local permits and DWR permits. Eric said that the flood code was adopted so residents could acquire flood insurance; he said that FEMA said that someone has to be able to issue permits. Eric said that in the past Kansas Department of Agriculture said that Bourbon County needed to get into compliance regarding the permitting process. There was discussion over if the County dug out a ditch, would they need a permit; Eric said yes the County would need a local permit. The Commissioners said they would like to have a representative here from Kansas Department of Agriculture, Kansas Department of Water Resources, Norm Bowers with KAC and the City of Fort Scott to discuss the permitting process; Eric is going to notify the Commissioners of when they will be available, the Commissioners plan to have a public work session at a later date.

All of the Commissioners may be attending a burn school on March 1st, 2017 at 2:00 pm at Uniontown; no County business decisions will be made.

The Commissioners held a road work session on February 8th, 2017; the 2017 hard surface roads the Commissioners plan to work on. Nick said they decided that in 2017 they plan to do 1 mile of asphalt on Jayhawk between 230th-240th, do 4 miles at Fort Scott Lake (2 miles on each side of the lake) and 3/8 mile that had been turned to gravel will be asphalted with chip and seal over the top, asphalt Humboldt from National to 205th Street and with the money that is left at 185th and Maple Road go approximately 6 miles of both asphalt and chip and seal. The Commissioners said they hope to save approximately $70,000 in 2017 to put towards asphalting in the industrial park.

There will be a work session (to review reports) with Nick, Lynne and Rhonda Dunn on Thursday February 16th at 9:00 am in the Commission room.

Nick made a motion to adopt Resolution 06-17; Resolution 06-17 dissolves Resolution 25-87 (a resolution about vicious dogs in the County), Jeff seconded and all approved and signed the Resolution.

Kendell discussed disposing old voting booths that have been stored at the County barn; Jeff suggested that the one of the booths be set up for the Commissioners to view.

At 3:57, Jeff made a motion to adjourn, Nick seconded and all approved.

                                                THE BOARD OF COMMISSIONERS

                                                OF BOURBON COUNTY, KANSAS

                                                 (ss) Lynne Oharah, Chairperson

                                                  (ss) Jeff Fischer, Commissioner

                                                    (ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason,

Bourbon County Clerk

02/28/2017, Approved Date

 

February 7, 2017                                                              Tuesday 9:00 am

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

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

Eric Bailey and Shane Walker met with the Commissioners regarding a work plan for a Zika Tire Amnesty Program; Eric said that there is an $11,000 ($1,000 for advertising and $10,000 for tire disposal) grant available from the State of Kansas for the disposal of tires. Eric said the program will run from March 13, 2017-April 23, 2017 or earlier if the funds run out. Lynne made a motion to participate and sign the contract for the Zika Tire Amnesty Program, Jeff seconded and all approved. Any questions about this program should be addressed to Eric Bailey.

Eric Bailey and Shane Walker met with the Commissioners and Jim Harris regarding flood plain permits. Eric said that any time the County does a culvert replacement (in the flood plain) by FEMA code the County is required to get a permit (a local permit doesn’t cost anything, but there could be a cost associated with the DWR permit from the State). Jim questioned if replacing a culvert of the same size, would they need a permit; Eric said yes. Jim said he wants to cooperate with the flood plain permitting process, but said he doesn’t want to be slowed down on the projects they are working on. It was suggested that when Jim calls Dig Safe that he also contact Eric Bailey if a project is located in a flood plain. The Commissioners are going to discuss this again on Tuesday, February 14, 2017.

Rudy Simpson, President of Pleasant View Cemetery met with the Commissioners; Rudy said that the Pleasant View Cemetery Treasurer, Karen Endicott Coyan informed him that she was told that the budgeted tax money for the Cemetery was to start going to the Drywood Township and they would disperse the money to the Cemetery when asked; until this point all of the tax money for Pleasant View Cemetery has been disbursed directly to the Cemetery, not the Township. Rudy questioned why this procedure has changed. Kendell explained to the Commissioners that Cemeteries typically run on volunteers and the dispersement has been directly to the cemetery for years. The Commissioners are going to discuss this change with the Attorney and inform Rudy of what they find out. Later in the meeting, the Commissioners discussed this change with Justin Meeks; he said he would review this and the Commissioners will discuss this again on February 14th.

Travis Murphy with Murphy Tractor met with the Commissioners and Jim Harris; Jim was asked to get bids on a tractor and a boom mower. Travis quoted 2 2015 John Deere 6120E tractors with a 50” rotary boom delivered for $114,000.00 each; he said if the County signed a purchase order (pending available funds) this would hold the tractors at this price. Travis felt that the tractors would be available through the end of the month. The Commissioners are having a Public Works work session on February 8th at 9:00 am; they plan to discuss the tractors during the work session.

Bill Martin and Ben Cole met with the Commissioners regarding a replacement K9 vehicle that they previously talked to the Commissioners about; Bill said the 2008 Ford Crown Victoria (that needs replaced) that the County owns is valued at $1,857 on Kelley Blue Book. Bill said he requested bids for a replacement vehicle (a 2017 Ford Explorer, a KA-Comm Strip and a KA-Comm Install); Shawnee mission bid $31,000 for the vehicle and accessories cost $4,950 for a total of $35,950, Rusty Eck Ford bid $31,087 for a vehicle and accessories cost $4,950 for a total cost of $36,037, Briggs Auto Group bid $34,761.28 for a vehicle and accessories cost $4,950 for a total cost of $39,711.28 and Olathe Ford didn’t provide a bid. The Commissioners thanked Bill for presenting this need earlier to them and getting bids and allowing the Commissioners time to prepare for this expense. Bill asked for permission to purchase a vehicle and equip the vehicle and allow the money to come out of the carryover remainder budget from 2016. Lynne made a motion to allow Bill to purchase the vehicle from Shawnee Mission and equip it for $35,950 out of the 2016 remaining Sheriff and Correction Center budget, Nick seconded and all approved.

Ben Cole informed the Commissioners that the security deputy started on February 6th, 2017.

There will be a jail meeting at 9:45 on February 14th at the Courthouse and the Commissioners will all be attending a jail meeting on February 14th at noon at the jail site.

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

Lynne reported that the County did not get the Heritage Trust Fund Grant for the repairs to the front porch of the Courthouse.

Bill Martin, Ben Cole, Bobby Reed and Justin Meeks met with the Commissioners to discuss a viscous dog policy. Justin said the current viscous dog policy that the County has in place is breed specific (Resolution 25-87). Justin said if we have a policy it needs to be enforced, or if we aren’t going to enforce the policy then the County shouldn’t have a policy. Justin said he didn’t feel that the Sheriff should be responsible for enforcing the viscous dog policy and said he didn’t know how to enforce a viscous dog policy. Lynne made a motion to dissolve the Resolution for viscous dogs, Resolution 25-87, Jeff seconded and all approved. The Commissioners will adopt a resolution on February 14th dissolving the viscous dog policy.

Nick called Jim Harris to discuss the Phoenix Coal Company; Phoenix Coal Company had submitted an administratively complete application for renewal of permit BB-SM-1403 to the Kansas Department of Health and Environment, Surface Mining Section. The permit renewal will allow the company to fulfill their reclamation responsibilities. Jim said that Phoenix Coal Company is trying to get equipment to the site to fix a road and if not, the County will repair the road and Phoenix Coal Company will reimburse the County.

At 11:44, Lynne made a motion to break for lunch and reconvene at 1:00, Nick seconded and all approved.

Justin Meeks, Bill Martin and Will Wallis met with the Commissioners regarding response times for fire districts; Justin said he had reviewed a call log for fire districts as well as the response times to calls. Justin said the Commissioners have been handling queries from County patrons regarding a particular fire district. Justin discussed pending civil case 16CV24; Justin suggested as the County Counselor that the Commissioners wait to make any decision regarding the fire districts; Justin said the pending civil case may resolve some of the matters. Will said that automatic mutual aid was imposed for Fire District #2 due to a major safety issue; Mercy Hospital previously reported that they had responded to calls in Fire District #2’s district and no one from that Fire District reported for the calls. Will said he felt that there was no accountability, transparency or responsibility from Fire District #2; he said he felt there was a serious safety issue there. Will said he has a good working relationship with all of the Fire Districts except Fire District #2. Will suggested that anyone that is planning on doing a controlled burn in the County call into dispatch to inform dispatch of the controlled burn. There was discussion over the lack of volunteers for the fire districts. Will discussed the Safer Grant; he said in the future this grant could be available to be used to get paid staff on the fire districts. The Commissioners decided they were waiting on an outcome from the pending litigation.

Jim Harris met with the Commissioners; he said there was a party with a trash roll off that came to the Landfill. The employee asked the person with the roll off to separate the wood (wood has to be separated) from the debris to be hauled off and the patron called Jim Harris and reported this to Jeff Fischer.

The Commissioners were previously asked to remove the trees and brush from the Long Shoals Bridge before the bridge is moved; Lynne said he felt that a professional tree trimmer needed to remove the trees; he said he was afraid if the County took the trees down it could damage the bridge.

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 Clint Anderson). No action was taken.

Justin Meeks and the Commissioners continued to work on the employee handbook revisions.

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, Kendell and Justin). No action was taken.

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, Kendell and Justin). No action was taken.

At 4:17, Nick made a motion to adjourn, Jeff seconded and all approved.

                                                THE BOARD OF COMMISSIONERS

                                                OF BOURBON COUNTY, KANSAS

                                                     Lynne Oharah, Chairperson

                                                     Jeff Fischer, Commissioner

                                                      Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

Febuary 14th, 2017, Approved Date         

 

 

January 31, 2017                                                              Tuesday 9:00 am

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

Also present were Michelle Workman with Fort Scott Biz and Chris Bosley with Ward Kraft.

Jeff Fischer presented a spreadsheet calculating a longevity pay for employees with a minimum of 5 years of service (for the County employees) of $5 times the years of service which would be equal to $25/paycheck for someone with 5 years of service with the County. The estimated cost to do this longevity plan for all County employees would cost approximately $49,140 in 2017 and increasing up to $85,670.00 in 2020. No decision was made on the longevity pay plan.

Nick Ruhl discussed the tree removal at the new jail site; he said that Chad Brown with the City of Fort Scott said as long as the County was clearing out trees and not building or obstructing water flow at the site it would be ok to remove the trees. Nick made a motion to allow Public Works to remove the trees at the jail site along the creek adjacent to the County jail site and on the city side (the City agreed to help haul off the removed trees) to the County fence line, Jeff seconded and all agreed. Jim Harris asked that the area be flagged for the tree removal; Nick agreed to make sure there were flags in place.

Jim Harris said that Eric Bailey reported that in regards to flood plain codes on large projects (culvert replacement) the County should get a permit from the State on water resources. Jim said he would work with Eric on this.

The Commissioners advertised to take bids on the recycling trailers that the County owns; Only one person submitted a bid for the trailers which was 4 State Sanitation, they asked that the trailers be donated to them since they will be providing a free recycling service for the County. Jeff made a motion to accept the bid from 4 State Sanitation for the use of the 3 County recycling trailers for 5 years, after discussion, Jeff made a motion to discard the motion and Nick seconded. Jeff made a new motion to award the bid for the 3 recycling trailers for 4 State Sanitation at a cost of $0 (donating the recycling trailers since they are providing a recycling service in Bourbon County), Nick seconded and all approved.

Jim Harris presented a Utility Construction Permit from Housley Construction; Lynne made a motion to approve the permit from Housley Construction to do work for AT&T to bore a phone line 90’ across by 36” deep at 1996 Jayhawk Road, Jeff seconded and all approved and signed the permit.

Jim Harris said that Rhonda Dunn has helped him manage the Road & Bridge budget on a regular basis, Jim asked if the Commissioners had considered paying Rhonda on a part time basis for her to continue to help manage the budgets; Jeff said it was his understanding that the Republican party is actively seeking a replacement (with like credentials) for the Treasurers position.

Lynne made a motion to hold a Public Works work session on Wednesday, February 8th at 9:00 am, Nick seconded and all approved.

Nick asked Jim Harris to start getting quotes for graders and side arm mowers.

Jim McMichael a resident of 2230 160th   Street in Mapleton, Kansas met with the Commissioners; he thanked the Commissioners for their service. He said the fence has deteriorated between his property and the adjoining property owned by Joy Wiltse. He said he has tried working with her to get the fence repaired, but said this hadn’t produced any results, he requested that the Commissioners do a fence viewing. The fence viewing is scheduled for February 28th at 9:30 am.

Jerry Witt a representative with the Fort Scott Riverfront Authority project, met with the Commissioners; he asked that the County remove the brush from the Long Shoals Bridge which will be moved to the Riverfront project. The Commissioners said they would ask Jim Harris to remove the brush.

Nick Ruhl received a phone call from David Hall; Mr. Hall reported that someone was dumping sewer in the road in Redfield. Nick reported this to County Sanitarian Eric Bailey.

The Commissioners will all be attending a jail update meeting at noon today at the new jail site.

Robert Findley met with the Commissioners; he requesting that no shooting signs be installed at Paveys Ford (on 205th   Street in Fort Scott). Robert informed the Commissioners that the crossing at Paveys Ford is in terrible shape. The Commissioners are going to ask Jim Harris to look at the condition of Paveys Ford.

Karen Farmer, a resident of Bronson met with the Commissioners; she said she had a complaint about the County Appraiser; she said the value of her home had been going down, but said now the value has been raised by almost $4,000. She said the taxes went up almost $200. She said she was told that her house was compared to other homes in different cities (not Bronson). She said she had an appointment with the Appraiser to discuss the value on her property.

Appraiser, Clint Anderson met with the Commissioners. Nick asked if a house without plumbing is valued differently than one that does; Clint said yes, they value the whole house. Clint said that properties in the Western side of the County suffer from adverse location issues due to the distance from City facilities. Lynne questioned valuations going up. Clint said that sales in rural areas are used to value rural properties. Clint said the land in Bourbon County could be valued differently; recreational verses agricultural. Clint said he approached the past Commissioners about valuing land recreationally but the past Commissioners didn’t want the land valued this way. Lynne stated that knowing that Bourbon County is in a financial area without a lot of revenue; Lynne says when taxes go up it makes an impact on the community. Clint said that he tries to do the value based on what the sales indicate, he said there are a few areas in the County that have a greater demand.

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, Eric Bailey and Justin Meeks by phone). No action was taken.

Eric Bailey informed the Commissioners that there may be an $11,000 grant available from KDHE for tire disposal; Eric emailed the Commissioners, Justin Meeks and Jim Harris the documents on this. Eric said the tire disposal would only be for individuals, not businesses. The Commissioners plan to discuss this on February 7th, 2017 at 9:00 am.

At 11:45 am, Lynne made a motion to break for lunch and to attend the jail progress meeting at the new jail site and reconvene at 1:30, Nick seconded and all approved.

Jason Silvers with the Fort Scott Tribune met with the Commissioners; he questioned a report that Jeff Fischer recently did regarding calls for fire districts and the taxing authority of each fire district. Jason questioned Jeff what his concern was regarding the fire districts; Jeff said his concern was safety as well as cost efficiency. Dwayne Allen with Drywood Township met with the Commissioners regarding Drywood. He said he understood that there has been talk of an audit, Dwayne said he felt an audit was a great idea, but said he didn’t know how the Township would pay for it (the Townships can request an audit be done on a fire district, which the County could order and the Township would have to pay for it). Jeff Fischer indicated that Rhonda Dunn had previously stated that she could appoint volunteers and the volunteers could do the audit at no cost to the Township. The Commissioners plan to discuss the audit with Justin Meeks in the future.

The Commissioners worked on the employee handbook revisions.

At 3:58 pm, 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

02/07/2017, Approved Date

 

January 26, 2017                                                    Thursday 9:00 am

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

Also present were Chris Bosley with Ward Kraft.

Jim Covey met with the Commissioners; he questioned the $3 additional fee he was charged when he recently purchased a trailer tag. He said the $3 fee was not on the state form that was mailed regarding his renewal. Nick Ruhl verified with the Treasurers office that if someone mails a renewal in they will not be charged the $3 renewal fee, but if they come to the office to renew they will be charged the $3 fee. The State puts on the form that there will be a service charge on the statement (for renewing in person), but doesn’t put a dollar amount of what the fee will be. There was discussion over the fact that more people would mail in the renewals verses bringing them in, Jeff Fischer said that if they did, it could possibly reduce staffing for the future in that office.

Jim Harris presented an award contract from the Secretary of Transportation to award Killough Construction Inc. the bid of $431,988.50 for the Maple road project (between 205th   St and the city limits of Fort Scott). The County will be responsible for $57,000 plus the cost of asphalt for approximately ½ mile for the City of Fort Scott’s portion of asphalting (approximately $40,000). The County portion will be paid out of the 2017 Sales Tax Fund budget. Lynne made a motion to award the contract to Killough Construction Inc. and sign the contract for the State, Jeff seconded and all approved and signed the contract.

Jim Harris requested that the Commissioners change how the longevity pay is calculated for the County employees; he suggested paying a longevity bonus of .25/hour after 5 years of employment, .50/hour after 10 years of employment, .75/hour after 15 years of employment and $1.00/hour after 20 years of employment. There was discussion over the small longevity pay that the County currently has. The Commissioners discussed how currently someone that has been here 2 years will make the same hourly rate as someone that has been here 20 years. The Commissioners agreed to consider a different longevity option.

Nate Taylor, Noxious Weed Director presented the Annual Noxious Weed Eradication Progress Report for 2016; Nate said he treated 26,726 acres of Noxious Weed on private land and 1,498 of Noxious Weed on County owned land. Lynne made a motion to sign the report, Nick seconded and all approved and signed the annual report.

Jim Harris discussed changing the County ditching program; he said they could do a mile a week, he said the County could ditch and seed, but said the County doesn’t own a straw blower to spread the straw (approximately $25,000). The Commissioners questioned if the inmates could spread the straw. No decision was made on this.

Jim Harris said that the reverse is out of the Boom mower; he said it would be approximately $9,000 to repair and said it’s not worth fixing. Jim said a new mower would be approximately $125,000. Lynne reviewed some lease payments and suggested paying off early some of the equipment. Jim also said there is a motor grader that needs replaced. Jim said the 2017 budget has a payment budgeted in it for a road grader, but doesn’t have the cash budgeted to purchase the grader. There was discussion over the 10 year equipment replacement list for Road & Bridge; Jim said both the road grader and the Boom mower are on the list to be replaced. The Commissioners said they wanted to see 2016 year end reports to see how much carryover money is left before they decide on equipment replacement.

There was discussion over removing the trees at the new jail site, Jim Harris said the County could remove the trees and the trees could be hauled off. There was discussion over if the trees are in the flood plain; Jim said the City would have to determine if this is in the flood plain; Jeff said he would talk to the City about whether or not it is in the flood plain. No decision was made on the tree removal.

All of the Commissioners may attend a Southeast Kansas District meeting on March 16th at Labette County; no County business decisions will be made.

All of the Commissioners will be attending a meeting on January 31st at the new jail site.

Lynne reported that Gary Walker with Universal Construction reported that the jail cells are approximately $10,000 less than expected; Universal questioned if the County wanted to put this money into a contingency fund or in the bond fund; after discussion Lynne made a motion to move the excess of approximately $10,000 into a contingency fund, Jeff seconded and all approved.

Bill Martin, Ben Cole, Bobby Reed and Rhonda Dunn met with the Commissioners regarding the money budgeted for Courthouse security. $27,000 has been budgeted for 2017 for security. Ben questioned who would be responsible for the annual budget for Courthouse security. Ben said that the annual wages for this employee will be $31,000. Ben said that there needs to be another $7,000 (approximately $4,000 more for wages and $3,000 for equipment for this deputy) in the budget for the security expenses. Ben said the employee for Courthouse security will start on January 6th. Lynne made a motion to put $34,000 ($27,000 from Courthouse security and $7,000 that was originally budgeted for employee benefits/new overtime rules) as a Courthouse security line item under the Sheriff’s departments budget, Jeff seconded and all approved. In the future the Sheriff will be responsible for budgeting for Courthouse security.

Lynne made a motion to go into a 20 minute executive session for non-elected personnel to protect their privacy, Jeff seconded and all approved (the session included the Commissioners, Kendell Mason, Justin Meeks and Jim Harris). After the session Lynne made a motion to reimburse the non-elected person in question sick time accumulated prior to being moved to a management position, Nick seconded and all approved.

Kevin Allen met with the Commissioners regarding work at the new jail site; he said he had left messages for Gary Walker with Universal Construction, but hadn’t gotten a call back. Kevin said he was interested in providing hauling or dumpsters at the jail site. The Commissioners suggested that Kevin go to the site to meet with the site managers.

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 Eric Bailey). After the session, Jeff made a motion to give Eric Bailey permission to write a letter to an individual and company that has been operating in Bourbon County without a sanitary haulers and installers license, Nick seconded and all approved.

Lynne 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.

The Commissioners will discuss viscous dogs on February 7th at 11:00 am.

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

Will Wallis met with the Commissioners; they discussed the response times for the Bourbon County Rural Fire Departments for 2016. Will Wallis previously gave to the Commissioners a list of fire calls in 2016 (from dispatch) and the calls that were responded to. Jeff created spreadsheets based on response to calls. According to the spreadsheet, (if a call was put in how many of those calls were responded to, if a call was put in and then cancelled then it was counted as not responded to) District #2 had a 77.27% effectiveness (total calls responded to), District #3 varied between 85.71% - 98.72%, District #4 and an 89.84% effectiveness, District #5 had an 89.84%. Of the 1351 emergency calls in 2016 613 of the calls pertain to a category named fire, 472 calls were categorized as request ambulance and 138 were accident calls. Jeff said he had concerns that if the County were to be sued by ineffective response times, the Commissioners names could be on the lawsuit; Will said regarding fire districts they were previously informed by the County Attorney that unless it became a safety issue, we don’t have a dog in the fight, Will said now, based on this data we have a dog in the fight. There was discussion over the fact that the number of volunteer fire fighters have decreased. If someone is interested in volunteering for a fire department they should contact the fire district. The Commissioners said the fire departments could be combined and have only one or two fire departments in the County. There was discussion over some of Scott Township residents being in Fire District #2’s (Garland) district. Will said he felt based on the numbers off of the spreadsheet that there is a safety issue in Fire District #2; the Commissioners said if he felt it was a safety issue, then he wanted Will to discuss this with Justin and then get on the agenda to discuss this again in the future. Will said that Fire District #2 has blocked his emails and phone calls.

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 and Kendell Mason). No action was taken.

The Commissioners plan to discuss the filing of the Treasurers’ position on February 7th at 10:30 am.

Lynne said that Arnold Schofield will be discussing the Heritage Trust Fund Grant in Topeka on February 3rd at 9:00 am.

At 3:26 pm, Jeff made a motion to adjourn, Lynne seconded and all approved.

                                                THE BOARD OF COMMISIONERS

                                                OF BOURBON COUNTY, KANSAS

                                                       (ss) Lynne Oharah, Chairman

                                                     (ss) Jeff Fischer, Commissioner

                                                      (ss) Nick Ruhl, Commissioner

 

                                              

                                                 

                                                  

ATTEST:

Kendell Mason, Bourbon County Clerk

01/31/2017, Approved Date

 

January 17, 2017                                                    Tuesday 9:00 am

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

Also present were Tammy Helm with the Fort Scott Tribune, Michelle Workman with the Fort Scott Biz, Chris Bosley with Ward Kraft, Bobby Reed and Bill Martin.

Lynne made a motion to go into a 10 minute executive session, Nick seconded and all approved (the session included the Commissioners and Appraiser Clint Anderson). No action was taken.

Jim Harris previously gave the Commissioners a list of equipment that will need to be replaced; Jeff asked that he give an estimate of what each piece of equipment would cost to replace.

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 Kendell Mason). No action was taken.

The Commissioners previously received a bridge inspection report from Schwaab Eaton; Jeff asked that Jim Harris provide an update on what the County has done to correct any deficiency that was found.

The Commissioners notified Jim Harris of a March 30th Commission meeting scheduled for 7:00 pm at the Uniontown Fire Station; the public is invited to attend the meeting. The Commissioners suggested having Jim provide a road report as well as have the Noxious Weed Director Nate Taylor give a weed report.

Jim Harris said that Briggs Motors, who owns the property adjoining the new jail, asked that the County clean up the trees on the Counties side of the property, Mr. Briggs said he would clean up the trees on his side of the property. Bill Martin questioned if the County did the tree cleanup would the Road & Bridge department ask for reimbursement from the jail project fund; Lynne said no they wouldn’t reimburse from the jail project fund. Bill said he would be ok with the inmates removing the cut trees and limbs as long as they weren’t operating heavy machinery. Lynne questioned if the County would keep salvageable trees. The Commissioners will discuss this and inform Jim Harris of their decision.

Kevin Rost with Universal Construction met with the Commissioners; all three of the Commissioners will be attending a jail progress meeting at noon on January 17 at the jail site, no County business decisions will be made.

Mercy Hospital Clinic Quality and Community Benefit Liaison Jody Hoener met with the Commissioners to discuss PedNet County trails/walkabilty bikeablility master plan and the Pathways Worksite wellness workshop. She said that “the Healthy Bourbon Action Team was awarded a three year Pathways to a Healthy Kansas Coordination Grant from Blue Cross and Blue Shield of Kansas. She said the purpose of this funding is to invest in communities to create sustainable, healthy places where Kansans have the opportunity to live, work and play in ways that improve the quality of their lives. She said the goal of this initiative is to engage stakeholders across 7 pathways (community policy, community well-being, food retail, health care, restaurants, schools and worksites) to encourage health eating, active living and tobacco free lifestyles to help our community members keep their health throughout their lives, not just get it back once they get sick. She said they aim to achieve the increase in awareness and community engagement in leading healthy lifestyles, make the healthy choice the default choice across sectors of the community through both policy and practice, increase consumption of and access to health foods, increase access to and use of safe environments for physical activity, support tobacco-free living, improve quality of life in participating communities starting now and continuing for generations to come.” She said there would be no cost to the County to participate in the programs, but the County could be eligible for grant money.   She said that if Bourbon County participates they could be eligible for up to $10,000 of grant money to benefit the health of the County employees. Jody also discussed WorkWellKS; worksite wellness is designed to increase productivity, decrease rates of illness, injuries, absenteeism, improve employee relations and morale and enhance recruitment and retention of employees. The Commissioners asked Jody to attend a department head meeting to present the information to the department heads. All three of the Commissioners may attend a department head meeting on January 19th at 10:00 am; no County business decisions will be made. Jeff made a motion to support and give feedback to PedNet regarding the Pathways grant, Nick seconded and all approved.

Justin Meeks met with the Commissioners, he discussed KOMA violations; Justin said that it was very important that the Commissioners remain transparent. Justin said that in the past there have been KOMA violations by past Commissioners. Justin said it is his job as the County Counselor to investigate allegations of KOMA violations. Justin told the Commissioners that the Commissioners can’t talk, text, email, etc. outside of the Commission meetings. Justin reminded the Commissioners that once they leave the Commission meeting they can’t communicate. He also said that anytime there is more than one Commissioner present it is an open meeting. After discussion it was decided that only one Commissioner (Jeff Fischer) will attend the department head meeting on January 19th at 10:00 am. Jeff Fischer admitted that he sent a text message to Lynne Oharah on January 12th regarding the weather and the projected ice storm.

Southwind Extension District Carla Nemechek and Ag Agent Chris Petty met with the Commissioners; Carla said that Bourbon County joined the Southwind Extension District in 2011. Carla discussed Making a Difference report (a quarterly report the extension office does). Carla discussed an upcoming meeting they are hosting that teaches board leadership, Carla asked that the Commissioners provide a letter of support to the entities in the County encouraging them to attend the meeting (Townships, Cemeteries, Fire Districts, etc.). Kendell will generate a letter for the Commissioners signatures on January 24th. Chris said that there will be a burn school meeting on March 1st at 2:00 pm at the Uniontown Fire Department discussing.

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.

Lynne made a motion to give Jeff the authority to attend a department head meeting on January 19th at 10:00 and to discuss customer service, the County mission, public interaction as well as to discuss the Pathways Grant, Nick seconded and all approved.

At noon, Lynne made a motion to move the Commission meeting to the jail site and to return to the Commission room at 1:30 pm, Nick seconded and all approved.

KDOT (District #4) representatives Darrin Petrowsky, Wayne Gudmonson (phone number (620)902-6415) and Kristi Kelly met with the Commissioners and Jim Harris; they asked if there was anything (other than money) that KDOT can do to help the County. Jeff discussed the bridge near Fulton on old 69 HWY; Jim said that Schwaab Eaton planned to provide recommendations for the bridge in a few weeks. KDOT said the bridge could qualify for federal funds. There was discussion over the lack of funding available both at the KDOT level and at the County level. There was discussion over the cost of doing chip and seal verses asphalting. The KDOT representatives gave Jim and the Commissioners technique ideas they use for road maintenance.

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 and Lora Holdridge). No action was taken.

The Commissioners reported that R2 Concrete will begin pouring concrete at the jail site at 12:00 am on January 19th.

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 and Justin Meeks). After the session Nick made a motion to allow Register of Deeds Lora Holdridge to advertise (immediately) to fill a vacancy for a full time position in her office, Jeff seconded and all approved.

Justin gave the Commissioners a County handbook and a sample handbook provided by KCAMP. The Commissioners and Justin Meeks worked on editing the Bourbon County handbook. Each Commission meeting the Commissioners and Justin plan to work on the handbook until it is finished. Jeff suggested getting a copy of the City of Fort Scott’s employee handbook.

Rhonda Dunn presented a jail bond repayment schedule to the Commissioners.

The Commissioners received a Fort Scott National Historic Site Proposed Boundary Modification map from Pam Henderson, a district representative with U.S. Senator, Jerry Morans’ office.

Will Wallis presented to the Commissioners a list of 2016 calls for help for the fire districts in Bourbon County; there were calls on the lists that weren’t responded to. Jeff said there was an incident in Bourbon County which was not responded to by the Garland fire district.

Lynne made a motion to give Jeff Fischer permission to contact Darrell Bloomfield and Don Banwart to get written permission from the Township boards agreeing to pay for an audit over the Garland Fire District.

All three of the Commissioners plan to attend an exercise at the Courthouse on January 23rd; no County business decisions will be made.

Lynne made a motion to cancel the January 24th Commission meeting and have a Commission meeting on January 26th, Jeff seconded and all approved.

At 4:27, Jeff 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

01/26/2017, Approved Date

 

January 10, 2017                                                    Tuesday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners (Nick Ruhl, Jeff Fischer and Lynne Oharah present) and the County Clerk present.

Also present were Tammy Helm with the Fort Scott Tribune and Chris Bosley with Ward Kraft.

Judge Mark Ward, Shanda Stewart, Rhonda Cole, David Neville, Bill Martin and Ben Cole met with the Commissioners regarding Courthouse security. Judge Ward said that last summer the Chief Judge discussed Courthouse security and it was decided to fund a deputy for the 3rd floor of the Courthouse. Lynne said that Bill Martin volunteered to make this a law enforcement position and said that the money is there for when they are ready to start the position. The Sheriff will be in charge of hiring and supervising the position. Bill Martin stated that this position is for Courtroom security and not Courthouse security. Bill questioned where the money was budgeted to pay for the security; $27,000 has been budgeted in 2017 for Courthouse security for wages (this was budgeted for wages only). Bill said that since this employee has to be certified, the earliest that the employee would be available after training would be summertime. Lynne questioned if an employee is hired and trained would they be the same as a bailiff? Judge Ward asked if the position would now be advertised; Bill Martin said yes it could be, he said if someone was hired that was already certified they could start fairly quickly verses going to training first. Judge Ward described a situation proving that additional security is needed, he said that in Court on January 9th, there were are large amount of cases (as is the case for most Mondays), he said both Courtrooms and his chambers were all being used at the same time and the bailiff was having to try and wand all people going into court; he said they had one defendant (and a girlfriend) that was in court that became rowdy. Judge Ward said he learned last week that the prior Commission voted to re-open the south door; he stated that this door was closed to prepare the public to get used to entering and exiting through the front doors for future use of security at the front door, he said by opening the South door the County took a step back regarding Courthouse security. Shanda Stewart questioned if Judge Ward wanted another bailiff; Judge Ward said no they want a commissioned deputy. This will be a full time position. Ben Cole said it would cost approximately $31,000 annually; Bill said he could move forward with hiring a deputy, but questioned where the extra $4,000 for wages that wasn’t budgeted would come from; the Commissioners said they could come up with the extra $4,000 for the wages of the employee. Nick questioned if the employee hired for this position could also go on the road as a deputy; Ben Cole said he would rotate the employee. He said the position is full time, so he might have to pull someone from the road to cover the security. Judge Ward said the goal is to get adequate security. Lynne made a motion to close the South door of the Courthouse, Nick Ruhl seconded and all approved. Lynne made a motion to authorize Bill Martin to hire a new deputy to be paid for out of the money in the contingency Courthouse reserve fund (and to leave the money in the Courthouse reserve fund), Nick Ruhl seconded and all approved.

Kathy Gray with Landmark Bank and Rhonda Dunn met with the Commissioners; the new Commissioners needed to have their signatures on file at the banks. All of the Commissioners signed the documents for Landmark.

Hubert Thomas met with the Commissioners and Jim Harris. Hubert previously submitted a bid for stripping at the Thomas and the Beth Quarry. He resubmitted bids as follows: at the Thomas Quarry, stripping an area 70’x70’x 5’ deep, he will haul and put on his land approximately 1500’ for the following price, stripping $22,685 and moving the overburden to his land for $4,083. The bid for the Beth Quarry will include stripping an area of 170’x 500’x 4’ deep, he will include clearing an area to the South of the striped area to stockpile the overburden for a cost of stripping of $31,481 and clearing for $1,100. Jim said this will be paid for out of the Road & Bridge fund and if there are any Federal funds available, the Road & Bridge will apply for those funds for reimbursement. Jeff Fischer questioned if the removed dirt could be placed back in the hole after the blasting; Hubert said he wouldn’t want the dirt back in the hole, Nick said if the dirt is put back in the hole and the County wanted to blast at the site again the dirt would have to be removed again. Jeff suggested doing the Thomas Quarry first and then revisit the Beth Quarry after that, Jeff suggested making calls to find out the going rate. Hubert said he planned to move the scrapper to the quarry sites and once done the scrapper would be moved to Topeka for a job; Jeff said by Hubert doing the Thomas Quarry it would give him a place to work for a while, Hubert said he didn’t need a place to work. Jeff said he felt that the past Commissioners were forced to make decisions without having good information, he said if the County doesn’t watch their spending they would run out of funding and then they would be in a situation to appeal to taxpayers for more money for the budget. Lynne said they could put the work out for bid, Jim Harris said they usually don’t get a 2nd bid, Lynne said the Commissioners could make a decision on January 17th after reviewing figures. Jim said the County couldn’t do the same job for less money, nor does the County have the equipment to do the job. After discussion, Nick made a motion to approve both bids as submitted: the Thomas Quarry, stripping an area 70’x70’x 5’ deep, he will haul and put on his land approximately 1500’ for the following price, stripping $22,685 and moving the overburden to his land for $4,083. The bid for the Beth Quarry will include stripping an area of 170’x 500’x 4’ deep, he will include clearing an area to the South of the striped area to stockpile the overburden for a cost of stripping of $31,481 and clearing for $1,100 and Jeff Fischer seconded. Hubert said the County should have bid it out and he could have bid more than he did. Nick and Lynne were in favor of the motion, Fischer abstained.

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.

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

The Commissioners and Jim Harris discussed the possibility of a 4th quarry site in the County; Jim felt that another quarry would increase production. There was discussion over hauling rock clear to Mapleton. Jim and Jeff both said they had been looking for a 4th quarry site. Jeff questioned if there would be an advantage of buying some of the rock needed; Jim said it would cost approximately $5.00/ton to buy and $3.40/ton to make.

Jim Harris said the County owns 3 recycling trailers; he said they weren’t being used by the County; Jim said 4 State Sanitation wanted to borrow or have the trailers (Jim said 4 State Sanitation would have work done to the trailers). Jim suggested letting 4 State Sanitation use the trailers. Justin Meeks said it could be perceived as helping a private industry if they gave or loaned the trailers to them; but he said it could be done to help economic development. Nick Ruhl made a motion to give the 3 trailers to 4 State Sanitation for economic development; Jeff seconded and all approved. Justin questioned the value of the trailers. Justin said by not giving them the trailers or letting them use them the County could loose the opportunity of recycling, Justin felt it would be better to bid out the trailers so Nick made a motion to retract the motion of giving the trailers to 4 State Sanitation, Jeff seconded and all approved. Lynne made a motion to put out for bid for the sale of the trailers to be used in Bourbon County (Jim will advertise to accept sealed bids for the trailers and the bids will be opened on January 31st), Nick seconded and all approved.

Jim Harris presented a report showing solid waste daily disposal at the Landfill for November & December for 2015 & 2016; he said in November & December in 2015 the total was $11,037.25 compared to 21,221.75 in 2016. Jim said eventually the County may need a part time employee at the Landfill.

Emergency Manager Will Wallis presented a weather update; he said there was potential for rain and freezing rain for Bourbon County beginning on January 12th.

Will discussed an EOC meeting in the basement of the Courthouse (Will said he would invite various people to participate in the exercise) on January 23rd at 9:00 am; he said this will be the first exercise of 2017. The exercise will be for an F4 tornado hitting the Courthouse. Jeff asked if Will would get a response time from dispatch regarding the fire districts response to calls; Will said he would get a report for the Commissioners.

Bill Martin, Bobby Reed and Ben Cole met with the Commissioners; Lynne previously asked for a comparison of the wages for Bourbon County compared to other Counties. Bobby presented reports for wages for 2014, 2017 and the wage study that was done. Bobby stated that he was not petitioning for an increase in wages, but doing what Lynne asked him to do. Bill Martin said Bourbon County employees are underpaid approximately 25-30% compared to other Counties of approximately the same size. Bobby said since the end of 2011; the correctional center has lost 44 employees due to the pay. The Commissioners said they would review the reports for consideration.

Bill Martin said they are having mechanical issues with the 2009 Crown Victoria used as one of the K9 units. Bill said he expects to have approximately $100,000 left in the Sheriff/Correctional Center budget in 2016; he asked that the money left in 2016 be used to pay for a vehicle and pay towards the vehicle loans or radio loans. Bill said he had requested bids for a replacement vehicle, he said he would convert an older vehicle to the K9 unit. Bill said the K9 unit cage that the County has will not fit into another vehicle; Bill said the K9 funds will pay for the K9 cage unit (approximately $3,000).

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 meting would jeopardize the security of such public body, agency, building, facility or information system, Jeff seconded and all approved (the session included the Commissioners and Bill Martin). No action was taken.

Darrell Bloomfield met with the Commissioners; he asked that an audit be done on the Garland Fire District; he said they put 3 new fire board members (2 from Scott and 1 from Drywood) on the board and felt the new members needed to know what they were getting into. Lynne said this could be ordered, but Drywood and Scott Township would have agree to pay the cost of the audit; Drywood agreed to this, Scott Township will discuss this with the Commissioners.

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 body or agency, if the discussion of such matters at an open meting would jeopardize the security of such public body, agency, building, facility or information system, Jeff seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

Rhonda Dunn asked that it be noted in the Commission minutes which Commissioners should be removed and added to the County bank accounts; Lynne made a motion to remove Barbara Albright and Harold Coleman from the bank accounts and add Nick Ruhl and Jeff Fischer, Nick seconded and all approved.

Lynne 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.

County Treasurer, Rhonda Dunn met with the Commissioners and Justin Meeks; she said she wanted to let the Commissioners know that she had been offered and accepted a full time position as the codes manager with the City of Fort Scott, Rhonda said she had no intention to resign as the Treasurer until there was a plan moving forward. She said she had permission from the City of Fort Scott to continue to work for the County as a part time employee. Rhonda said the point was to find the best solution for the County, she said there are things done on a daily basis in the Treasurer’s office that she is not needed here for but also said there are things that only she does in her office. Rhonda said she didn’t have a scheduled start date, but said someone would have to be found to fill the void on some of her jobs. Justin Meeks said he felt she could work in both positions as long as there was no conflict with the positions, he said that the elected officials are not controlled by the Commissioners, but said it was up to the patrons of the County to elect or not elect a person in this position. Justin said by her doing both jobs the County is sitting precedent regarding compensation; he questioned if she’s not here full time, does she need full time pay. Jeff Fischer commented that he always appreciated being able to get and receive items he needed from the Treasurer. Jeff discussed the continuity of the City and County working together, Justin said the consolidation of the City/County government is a banter issue, but said there are ways to save money by this, Jeff made a comment that the consolidation wasn’t starting today. Rhonda said that it is owed to the taxpayers to find revenue or savings. Rhonda said this was a hard decision for her, but said the job at the City can give her a different future by allowing upward movement and opportunities which she doesn’t have at the County. Rhonda said she had no idea how long she would continue to work for the County, she said there has been talk of the County needing a County Manager and said maybe this will give an opportunity to get what is needed for the County.

There was discussion over the County losing money on tax foreclosure sales; Rhonda suggested that the County add qualifications in order to bid on a property as well as adding a minimum price for a property.

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

After lunch, Nick made a motion to change the Commission meetings beginning January 17th, to only Tuesdays from 9am – 3 pm, Jeff seconded and all approved.

Nick said he felt that quarterly the Commissioners should meet in the evenings at a location in the County to allow all of the residents an opportunity to meet with the Commissioners; Jeff questioned if this meeting should be held with the City of Fort Scott’s Commission meeting, but the other Commissioners felt it should be a County meeting. Nick made a motion to start having a County Commission meeting quarterly at different locations throughout the County, Jeff seconded and all approved. The 1st quarterly meeting will be held on Thursday, March 30th at 7:00 pm at the Uniontown Fire Station. The Commissioners plan to have Noxious Weed Director Nate Taylor to speak at the first meeting. The Commissioners encourage all of the department heads to attend the meetings.

Lynne made a motion to adopt Resolution 05-17 naming Dr. Gugnani as the Bourbon County Health Officer from January 1-December 3, 2017, Nick seconded and all approved.

There will not be a Commission meeting on January 12th due to the fact that Nick and Jeff will both be attending Commissioner training in Topeka. The Commissioners will be gone from Wednesday-Friday at the same training, but no County business decisions will be made.

All three of the Commissioners will be attending a meeting at the jail site on January 17th at noon, no County decisions will be made at that meeting.

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 and Justin Meeks). No action was taken.

Lynne made a motion to nominate Nick Ruhl as the County representative at the LEPC meetings, Jeff seconded and all approved.

Lynne made a motion to nominate Jeff Fischer as the County representative on the SEK Mental Health board, Nick seconded and all approved.

Jeff made a motion to nominate Lynne Oharah to the BEDCO board, Nick seconded and all approved.

Lynne made a motion to nominate Jeff Fischer for the SEK Multi-County Health board, Nick seconded and all approved.

Lynne made a motion to nominate Nick Ruhl as the Bourbon County representative for the Juvenile Detention Center, Jeff seconded and all approved.

Lynne made a motion to nominate Nick Ruhl as the County representative for the 6th Judicial District, Jeff seconded and all approved.

Jeff made a motion to appoint Lynne Oharah to the SEK Regional Planning Commission, Nick seconded and all approved.

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.

Lynne said he had been working with Universal Construction to do the paperwork to get the gas utility entry for the new jail site.

At 3:38, Lynne made a motion to adjourn, Nick seconded and all approved.

                                      THE BOARD OF COMMISSIONERS

                                      OF BOURBON COUNTY, KANSAS

                                      (ss) Lynne Oharah, Chairman

                                      (ss) Nick Ruhl, Commissioner

                                       (ss) Jeff Fischer, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

01/17/2017, Approved Date

January 5, 2017                                                      Thursday 9:00 am

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

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

Jim Harris presented a bid from Thomas Construction for stripping and clearing at the Beth Quarry for $31,481 as well as a bid for stripping and removing the overburden at the Thomas Quarry for $48,600. Jim said this work needed to be done for the August blasting. Jeff Fischer questioned how much dirt needed to be removed; Jim said he didn’t have the amount, but would get it. Jeff said if they knew how much dirt would be removed they could see if the bid was a reasonable amount. Barbara and Harold both agreed to let the new Commissioners make this decision.

Jim Harris said last year the County traded for 2 belly dump trailers; he said the County can trade those trailers for 2017 trailers for $2,000 each. There was discussion over the trailers having $8,000 worth of tires; Jeff Fischer said this offer was almost too good to be true. Barbara made a motion to allow Jim to trade the 2 2015 Armour Lite trailers (with the Armour Lite Company) for 2 2017 trailers for $4,000 total, Harold seconded and the motion passed.

Barbara and Harold thanked Jim Harris for the outstanding work he and his department has done since they have been Commissioners. Barbara said they appreciate Jim’s leadership. Barbara discussed the equipment that the County started with when they became Commissioners verses the equipment upgrades that have been made during their time as Commissioners; she said she understood that they can’t keep up with the roads without proper equipment. Barbara thanked Jim for the work he had done with the Federal Fund Exchange program, she said this has helped the County tremendously.

Barbara told Noxious Weed director Nate Taylor that they appreciated the amount of spraying that he has done in the County.

Jim Harris said he would present an equipment inventory list to the new Commissioners in the near future.

This Commission meeting is the last Commission meeting for Barbara and Harold. Harold worked for 3 years as the under sheriff, 24 years as the Sheriff and 8 years as 3rd District County Commissioner. Barbara worked as the 2nd District County Commissioner for 4 years. Several elected officials and employees came to the Commission meeting to wish them well and thank them for the work they have done for the County. Bill Martin presented Harold a plaque for his service with the County. Barbara and Harold both went office to office to say goodbye to the employees and to thank them for their work for the County.

There will not be a January 12th, 2017 Commission meeting due to the fact that Nick and Jeff will be attending a Commissioner training meeting.

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

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

At 11:02, Barbara made a motion to adjourn and Harold seconded.

                                      THE BOARD OF COMMISSIONERS

                                      OF BOURBON COUNTY, KANSAS

                                      (ss) Lynne Oharah, Chairperson

                                      ______________________, Commissioner

                                      ______________________, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

01/09/2017, Approved Date

January 3, 2017                                                                Tuesday 9:00 am

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

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

Jim Harris reported that KDOT will be letting bids for the Maple road project on January 18th. He also reported that they will be getting ready to crush at the Blake quarry (using remaining Federal Funds).

Jim said he will present a 10 year equipment replacement list to the new Commissioners next week. Jim said he was pleased with the Road & Bridge department by the amount of work done in 2016.

Barbara reported that Steve Kaiser was concerned about a possible road closure in the Walnut area; to date there hasn’t been a new petition filed to close a road there.

Jim Harris presented a list of 2016 quarry expenses (per Jeff Fischer’s request). The expenses included landowner lease payments, crusher & screen plant payment, generator payment, 2 different John Deere loader payments, overburden removal costs, blasting costs, equipment repairs, fuel cost, employee wages and benefits for 2 employees, insurance cost and miscellaneous expenses with a grand total cost of $558,481, total tons produced 164,472; 2016 total gravel cost per ton $3.40.

Bobby Reed arrived at the Commission meeting.

Jim Harris thanked Barbara Albright and Harold Coleman for all of the work they have done as Commissioners.

Jail Administrator Bobby Reed reported that in 2016 the Sheriff’s department arrested approximately 476 people and the police department arrested approximately 272 in 2016. There was discussion over the size of the County verses the City as well as the amount of deputies on duty in the County verses the City. There was discussion over inmates with mental health issues and the lack of facility space for them.

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

Barbara made a motion to adopt Resolution 26-16; (a salary resolution for Bourbon County employees) authorizing a 2% increase for the County Appraiser, based on Resolution 19-15 from 2015, Harold seconded and all approved.

Lynne made a motion to adopt Resolution 01-17, the holiday schedule for 2017, Harold seconded and all approved.

Lynne made a motion to adopt Resolution 02-17, a Resolution concerning the waiver of generally accepted accounting principles, Barbara seconded and all approved.

Harold made a motion to adopt Resolution 03-17, a Resolution authorizing travel reimbursement at 53.5 cents/mile, Barbara seconded and all approved.

Harold made a motion to adopt Resolution 04-17, a Resolution to designate depositories and official publication carrier, Lynne seconded and all approved.

Justin Meeks presented an annual report of courts of Kansas.

At 11:34, Barbara made a motion to adjourn, Harold seconded and all approved.

                                                THE BOARD OF COMMISIONERS

                                                OF BOURBON COUNTY, KANSAS

                                                (ss) Barbara Albright, Chairperson

                                                (ss) Lynne Oharah, Commissioner

                                                (ss) Harold Coleman, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

01/09/2017, Approved Date

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Bourbon County
210 S. National Ave.
Fort Scott, KS 66701
620-223-3800

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