April 2012 Minutes

These are the minutes for April 2012 as approved by the Bourbon County Commission.

April 02, 2012	April 06, 2012
April 09, 2012	April 13, 2012 no quorum
April 16, 2012	April 20, 2012
April 23, 2012	April 27, 2012
April 30, 2012

To return to the main Commission Minutes page, click here.

April 2, 2012 Monday 9:00 am

The Bourbon County Commission met in open session with all commissioners and the county clerk present. Minutes of the previous meeting were read and approved.

Randy Handly, Bourbon County Review, was present.

Marty Pearson gave a road report. There was discussion of the bridge on 35^th Street over the Osage River, south of Yellowstone Road. It is very precarious.

Lee Davis presented chemical quotes at 10:00 am. Three were received:

Van Diest Supply	256 oz Escort XP	@ $3.84/oz	$983.04
	120 gal Pasturegard HL	@ $96.89/gal	$11,626.80
	48 qt Milestone	@ $76.22/qt	$3,658.56
	300 gal Buccaneer Plus	@ $10.03/gal	$3,009.00
	Total:		$19,277.40
Red River Specialties, Inc.	256 oz Escort XP	@ $3.86/oz	$988.16
	120 gal Pasturegard HL	@ $96.24/gal	$11,548.88
	48 qt Milestone	@ $76.22/qt	$3,658.56
	300 gal Alecto 41S	@ $11.52/gal	$3,456.00
	Total:		$19,651.60
CPS	256 oz Escort XP	@ $3.95/oz	$1,01.20
	120 gal Pasturegard HL	@ $101.50/gal	$12,180.00
	48 qt Milestone	@ $76.22/qt	$3,658.56
	300 gal Maddog Plus	@ $10.25/gal	$3,075.00
	Total:		$19,924.76


Jingles Endicott made a motion to purchase from Van Diest Supply for a total of $19,277.40. Allen Warren seconded the motion and all voted in favor.

Terri Johnson met with commissioners and requested an executive session to discuss litigation. Harold Coleman made a motion to go into executive session, for a period of 15 minutes, under the attorney/client privilege exception to the Kansas Open Meetings Act, to discuss litigation. Allen Warren seconded the motion and all voted in favor. Those present for the session were the commissioners, Terri Johnson and Joanne Long. The session began at 10:35 am and ended at 10:50 am with no action.

Commissioners went over the fence viewing laws with Mrs. Johnson.

The commissioners also spoke with Mrs. Johnson about the ruling that two individuals with multiple properties don’t have to pay a $250 court fee for each of their properties. She said that we don’t know what was argued, because we haven’t been able to speak with Mr. Meara, who is County Counselor for the tax sale, and that he may have tried to argue on the County’s behalf and was still ruled against. She said the commissioners need to speak to him about it.

Commissioners reviewed the County’s policy on contractor’s dumping at the Landfill. We have an outstanding bill from Johnny Walker for debris removed from a fire at 6^th and Osbun. Several notices have been mailed in an attempt to receive payment, and though a partial payment has been received, a balance of $795.21 remains.. From September 16, 2011, minutes, it was stated that the contractor is to pay the County and work out reimbursement from the person/business who hired him. Commissioners penned another letter to Mr. Walker, including a copy of the minutes from September 16, 2011, to ask for payment of the remaining $795.21.

Shane Walker and Arnold Schofield presented historic Bourbon County Fair posters from 1886 and 1887. The Fair Board likely will sell them to those interested.

After routine business, the meeting adjourned at 11:45 am.

THE BOARD OF COUNTY COMMISSIONERS
OF BOURBON COUNTY, KANSAS


(ss) Harold Coleman, Chairman
(ss) Allen Warren, Commissioner
(ss) Jingles Endicott, Commissioner
ATTEST:
(ss) Joanne Long, County Clerk

Return to TOP

April 6, 2012 Friday 9:00 am

The Bourbon County Commission met in open session with all commissioners and the county clerk present. Minutes of the previous meeting were read and approved.

Randy Handly, Bourbon County Review, was present.

Marty Pearson gave a road report.

Shane Walker asked commissioners for permission print those posters for the Fair Board. The Fair Board will pay for the ink and paper and Mr. Walker would donate his time. Commissioners approved the request.

Allen Warren made a clarification to the January 9, 2012, minutes, that the crusher and generator at the old quarry were moved from their location to a staging area in preparation for Berry Tractor to remove them.

Darrin Petrowsky, KDOT, met with commissioners. He gave commissioners an update on State projects in Bourbon County. He also said that KDOT doesn’t recommend the proposed crosswalk across K3 west of Uniontown. Marty said that Uniontown has indicated it intends to proceed with it, regardless.

Andy Norris met with commissioners concerning speeders on Locust Road, east of Fort Scott. There’s one 45 MPH speed limit sign at the top of the hill, but nothing after, and people drive very fast down that road. He is asking for a possible speed limit reduction and enforcement. Commissioners said they can give him the speed limit, but that the Sheriff would handle the enforcement. After discussion, Jingles Endicott made a motion to set the speed limit on Locust Road, from the east Fort Scott City limit to the dead end, at 45 MPH. Allen Warren seconded the motion and all voted in favor. Marty will order the signs and commissioners encouraged both the commissioners and Mr. Norris to speak with the Sheriff about enforcement.

Allen Warren made a motion to finance the quarry generator through Citizens Bank. Jingles Endicott seconded the motion and all voted in favor. Once these minutes are approved, Chairman Coleman will take a copy to the bank, sign the documents and return with a copy for the County.
Joanne Long asked if all parties involved should meet before the tax sale on Tuesday. That would include the Sheriff, Register of Deeds, Treasurer, Custodial and Dan Meara. Commissioners didn’t think that was necessary, as all parties have been involved in a tax sale before.

Allen Warren said that April 13, 2012, from 9:00 - 11:45 am, is the next Project 17 Summit Meeting in Iola. That’s also the day that the hay bids were to be opened. Both Allen and Harold will be attending the Summit, so there won’t be a quorum for a commission meeting. The bids will be kept to open on April 16^th. Jingles will be out of town on the 13^th, so he won’t be attending the Summit or a Commission meeting, should there have been one.

Angelique McNaughton, Fort Scott Tribune, was present.

Keith Jeffers met with commissioners for an Emergency Management update. He said that there is a Drywood Township meeting Monday night to discus Fire District 2. Then, Fire District 2 will be having elections Tuesday night. He said that Jingles has been invited to attend the meetings, as it’s his district.

Mr. Jeffers also said that he’s responded to four Hazmat emergencies in the last seven days. Yesterday, several fire departments responded to 5-Corners, where a fuel truck caused a spill by trying to fill a tank that was already filled. He said that about 1,100 gallons of unleaded were spilled and that the fire departments used foam to keep the fumes down. It is still being cleaned up.

There was also discussion of the progress of transferring the County’s radios over to the new band.

Commissioners spoke with a representative of the Youth Activities Team (YAT) and approved two loads of rock for Ellis Park.

After routine business, the meeting adjourned at 11:53 am.

THE BOARD OF COUNTY COMMISSIONERS
OF BOURBON COUNTY, KANSAS

(ss) Harold Coleman, Chairman
(ss) Allen Warren, Commissioner
(ss) Jingles Endicott, Commissioner
ATTEST:
(ss) Joanne Long, County Clerk

Return to TOP

April 9, 2012 Monday 9:00 am

The Bourbon County Commission met in open session with all commissioners and the county clerk present. Minutes of the previous meeting were read and approved.

Randy Handly, Bourbon County Review, was present.

Marty Pearson gave a road report. He updated the commissioners on the progress of transferring operations to the new quarry.

Joe Johnson met with commissioners to say that there are potholes that need filled at 250^th & Limestone. Marty will see to them.

Darrell Howard thanked commissioners for the work done on Eagle Road, between Hwys 69 and 7.

Dan Meara met with commissioners. He’d like to meet with Lora and Susan prior to the sale tomorrow. He also said that he’s lined up an auctioneer, as the Sheriff has indicated he wasn’t going to do it. Mr. Meara also spoke with commissioners about preparing the deeds for the sale. He thought that he would be doing them as part of his responsibilities as counsel for the County. Commissioners said that the Deeds Office has prepared them for the last few sales, with success, and at no charge. Mr. Meara wants the commissioners to think things over and he’ll check back later this morning.

At 10:00 am, a public hearing was opened to discuss the proposed closing of Willow Road, from 135^th Street, east to the Osage River. This is in Section 35, Township 23, Range 23, Timberhill Township. Those in attendance were the commissioners, Joanne Long, Brian Snyder, Dan Meara and Randy Handly. At 10:05 am, after hearing no objections, Harold Coleman made a motion to close the hearing. Allen Warren seconded the motion and all voted in favor. Harold Coleman then made a motion to adopt Resolution 11-12, closing Willow Road, from 135^th Street, east to the Osage River, approximately ½ mile. Jingles Endicott seconded the motion and all voted in favor.

Harold Coleman left the meeting at 10:15 am to go to Citizens Bank to finalize financing for a generator for the rock quarry. He returned at 10:30 am with the documents, but they reflect an incorrect amount.

Dan Meara returned. The commissioners reiterated their stance that the Register of Deeds Office will prepare the deeds for the tax sale and that they will have one parcel per deed. They also decided against hiring an auctioneer, which would have cost $200, and Harold Coleman will act as auctioneer, as he has experience since he used to be Sheriff. Mr. Meara asked commissioners that he be able to look at the deeds before they’re signed and recorded. He also plans to have one of his office staff at the sale available to notarize the buyer’s affidavits.

After routine business, the meeting adjourned at 11:40.

THE BOARD OF COUNTY COMMISSIONERS
OF BOURBON COUNTY, KANSAS

(ss) Harold Coleman, Chairman
(ss) Allen Warren, Commissioner
(ss) Jingles Endicott, Commissioner
ATTEST:
(ss) Joanne Long, County Clerk

April 13, 2012 Friday 9:00 am No meeting, as commissioners are attending the Project 17 summit in Iola.

Return to TOP

April 16, 2012 Monday 9:00 am

The Bourbon County Commission met in open session with all commissioners and the county clerk present. Minutes of the previous meeting were read and corrected.

Bills and payroll for the period were reviewed and approved.

Randy Handly, Bourbon County Review, was present. Angelique McNaughton, Fort Scott Tribune, was present.

John Durling notified the commissioners informed commissioners of a problem with trash blowing onto his property. Though he lives on a route to the landfill, it’s not landfill trash that’s the problem--it’s a neighbor. Commissioners plan to write a letter to the offending party.

Eric Bailey, City of Fort Scott, asked commissioners to waive gate fees for the City of Fort Scott’s annual Spring Clean-Up program. Allen Warren made a motion to waive gate fees for the citywide clean-up for city trucks. Jingles Endicott seconded the motion and all voted in favor. Mr. Bailey thanked commissioners.

The commissioners also spoke with Mr. Bailey about rock for the City/County owned Ellis Park. The commissioners want to know if XYZ could be used there. Mr. Bailey will check with the contractor and get back to the Commission.

Terri Johnson was present and asked if commissioners have anything for her. They do not.

Allen Warren spoke about the Mine Safety and Health Administration (MSHA) training last Thursday for Public Works employees, which he also attended. He said it was a really good course. Three things were mentioned that we need to look into: Safety belt policy, cell phone policy and texting policy. Also, he was informed that seatbelts have an expiration date, typically 5 yrs. We’ll need to check the seatbelts in our equipment and replace them, if necessary.

Hay bids for Elm Creek Lake were opened at 10:00 am. Two were received. They were:

James Mitchell & Teresa Wunderly $ 1,100.00
Dwayne Neil $ 1,505.00

Harold Coleman made a motion to accept the bid from Dwayne Neil for $1,505.00. Jingles Endicott seconded the motion and all voted in favor.

Bids for Landfill hay were set for 10:15 am. No bids were received.

Commissioners asked how much the tax sale brought in. Joanne Long said the figure was $12,905 and that no tract sold for less than $110. We’re waiting for bills to get a final report.

Allen Warren and Harold Coleman spoke about the Project 17 summit last Friday in Iola. It was very good and had excellent speakers.

Jim Houser has requested gravel for Centerville Cemetery. It was approved.

Commissioners discussed the recent damage to Tweedy Cemetery. They have been contacted for possible financial assistance. Joanne Long suggested the inmate work crew may be of assistance to clean up and return stones to their rightful places.

After routine business, the meeting adjourned at 11:45am.

THE BOARD OF COUNTY COMMISSIONERS
OF BOURBON COUNTY, KANSAS

(ss) Harold Coleman, Chairman
(ss) Allen Warren, Commissioner
(ss) Jingles Endicott, Commissioner
ATTEST:
(ss) Joanne Long, County Clerk

Return to TOP

April 20, 2012 Friday 9:00 am

The Bourbon County Commission met in open session with all commissioners and the county clerk present. Minutes of the previous meeting were read and approved.

Randy Handly, Bourbon County Review, was present.

Marty Pearson gave a road report. The County is ready to bid work for two low-water bridges. Allen Warren said that City Commissioners approved the use of XYZ at Ellis Park. The commissioners and Marty discussed scheduling of road projects and how to track the progress of each.

Joanne Long informed commissioners that deeds for the Tax Sale have been completed, mailed and received by the new owners.

Joanne Long informed commissioners that Becky Mann is coming to talk about getting a waiver of the 30% food sales requirement to sell liquor by the drink at The River Room. Terri Johnson is aware of the pending request and advises commissioners to think long and hard before approving this, as it would have long-reaching ramifications to other businesses in the County to be able to sell hard liquor without the 30% food sales requirement.

Angelique McNaughton, Fort Scott Tribune, was present.

Becky Mann met with commissioners. The liquor license for The River Room expires at end of May. She’s here requesting a waiver of 30% food sales requirements for The River Room. She contacted Alcoholic Beverage Control (ABC) says it’s Bourbon County’s rule. The commissioners will need to speak with Terri Johnson about it.

Larry Reddick, Ergon Asphalt & Emulsions, met with commissioners to talk about the County’s asphalt program and warm-mix asphalt. He talked about his product compared to competitors. He says that warm-mix is able to be used up to 70 degrees lower than hot. He’d like us to purchase a truck of the liquid asphalt to try it out. Commissioners will rely on Marty Pearson for this type of product.

Terri Johnson met with commissioners. She said she will look into Becky Mann’s request for a waiver of the 30% food sales requirement for liquor sales. She should have information on that by next Friday.

Mrs. Johnson said she has heard from the Attorney General’s Office. Susan Quick was also present. She said the AG’s Office has reviewed the request from Bourbon County concerning the County Treasurer, Susan Quick, regarding possible criminal charges or ouster. They are declining to proceed at this time. If anyone has questions, contact Jeff Wangemann at the Attorney General’s Office at 785-296-2216. She suggests commissioners talk to Mr. Wangemann if they have questions.

Mrs. Johnson requested an executive session to discuss pending litigation. Harold Coleman made a motion to go into executive session, for a period of five minutes, under the attorney/client privilege exception to the Kansas Open Meetings Act, to discuss pending litigation. Allen Warren seconded the motion and all voted in favor. Those present for the session were the commissioners and Terri Johnson. The session began at 10:36 am and ended at 10:41 am. In open session commissioners authorized Terri Johnson to decline the settlement offer.

Allen Warren and Jingles Endicott left at 10:55 am for a fence viewing in Millcreek Township, 3/16 mile south of Sycamore Road and 95^th Street, east approximately ½ mile. With no quorum, the meeting adjourned.

THE BOARD OF COUNTY COMMISSIONERS
OF BOURBON COUNTY, KANSAS

(ss) Harold Coleman, Chairman
(ss) Allen Warren, Commissioner
(ss) Jingles Endicott, Commissioner
ATTEST:
(ss) Joanne Long, County Clerk

Return to TOP

April 23, 2012 Monday 9:00 am

The Bourbon County Commission met in open session with all commissioners and the county clerk present. Minutes of the previous meeting were read and approved.

Randy Handly, the Bourbon County Review, was present.

Cathy Cooper, Interim Director, 6^th Judicial District Community Corrections, met with commissioners to present the FY 2013 budget and grant application. She said that increases are for hiring a full time adult supervision officer which has been vacant for some time, establishing programs for job interview/applications and behavioral issues, as well as substance abuse programs. Harold Coleman made a motion to approve the FY 2013 budget and grant application. Allen Warren seconded the motion and all voted in favor.

Marty Pearson gave a road report.

Terri Johnson stopped in to tell commissioners that she’s been researching the request to waive the 30% food sales requirement to sell liquor by the drink. She hasn’t found any statutory authority to do that. She said it requires a public vote, which Bourbon County had in 1992, passing the 30% food sales requirement.

Regarding last Friday’s fence viewing, after discussion, Jingles Endicott made a motion that both owners share equally in the expense of the fence. Allen Warren seconded the motion and all voted in favor.

Joanne Long received a request for appointment of a Bourbon County member of BEDCO. Harold Coleman made a motion to re-appoint Jingles Endicott. Jingles Endicott seconded the motion and all voted in favor.

After routine business, the meeting adjourned at noon.

THE BOARD OF COUNTY COMMISSIONERS
OF BOURBON COUNTY, KANSAS

(ss) Harold Coleman, Chairman
(ss) Allen Warren, Commissioner
(ss) Jingles Endicott, Commissioner
ATTEST:
(ss) Joanne Long, County Clerk

Return to TOP

April 27, 2012 Friday 9:00 am

The Bourbon County Commission met in open session with all commissioners and the county clerk present. Minutes of the previous meeting were read and approved.

Randy Handly, Bourbon County Review, was present.

Bills and payroll for the period were reviewed and approved.

Dennis Krom, newly elected Chief, Fire District 2, Garland, met with commissioners. Of late, there has been quite the upheaval. Several people have resigned, but others have joined. There has been some question as to the authority the townships have over the district, as it has run solo for so long. Commissioners said that the townships are over the district, as it was set up. Commissioners and Chief Krom hope the district moves forward and continues to grow its roster. Mutual Aid with adjoining districts is important. Chief Krom left commissioners with a current roster for the fire department.

Marty Pearson gave a road report.

Robert Query met with commissioners with a proposition--He’ll give the County shot rock from his property to put on a low-water bridge bank near his property. Commissioners agreed with the suggestion.

Mr. Query also said that he didn’t bid the Landfill hay because it needs work to get ready, anyone would have to put in money and effort to seed it, and results of that won’t be seen for a year or two. He asked about bidding it for multiple years. After discussion, Jingles Endicott made a motion to re-bid the Landfill hay, for a three-year term. Allen Warren seconded the motion and all voted in favor. Commissioners signed the new resolution, to that effect. It will be published to be opened at 10:00 am, May 21, 2012.

Terri Johnson asked that one of the commissioners be available next Tuesday for her to consult concerning a resolution hearing. Harold Coleman agreed to meet with her.

Clayton Tatro contacted Allen Warren about approximately five loads of XYZ for the south parking lot at the college. There was discussion as to who would be responsible for hauling it. Allen Warren recommends that the County provides the hauling.

Commissioners discussed the need to bid fish food for Elm Creek/Cedar Creek Lake for the year. Marty Pearson will look into it.

Keith Jeffers said we’re possible for severe weather this afternoon from about 4:00 pm to midnight. He said the exercise last Sunday went really well. It highlighted weaknesses that we expected and we’re re-apportioning people to fix that.

Commissioners discussed the possibility of Public Works working 10 hr work days for the summer. One of the perks would be the decrease in windshield time for projects that are farther out from the Barn. Also, it would save fuel for one day. Marty will put a plan together and report back on Monday. There was discussion that any week with a holiday would revert back to five 8s.

The Extension Office has notified Joanne Long that the Pawnee 4-H Club will not be planting flowers at the Courthouse this year. Another 4-H Club has been approached about helping Judy Wallis with the flowers.

There was discussion over what to do with an unsafe low boy and truck. The truck was donated by the college. Marty said he would discuss with Joanne what to do about this. Can it be disposed of and taken off insurance? Joanne is not aware of any stipulation regulating what can be done with something donated by another entity.

Jeff Wallace, Century Link Telephone, Wellsville, KS, has sent Marty a proposal to do some boring under the road. Marty explained there is a $500 charge for this. Wallace claims to have ongoing bond with the County and doesn’t feel he should be charged a fee. Commissioners suggest making sure the bond is still in effect before proceeding.

Chemical bids were opened at 11:00 am. There were two received:

CPS	REMEDY	360GAL @ $44.45	$16,002.00
	PASTUREGARD HL	180GAL @ $94.25	$16,965.00
	PLATEAU	20GAL @ $120.00	$2,400.00
	OUTRIDER	160OZ @ $12.95	$20,72.00
	CLEAN AMINE	50GAL @ $12.95	$6,475.00
	TOTAL:		$43,914.00
RED RIVER SPECIALTIES INC	PLATEAU	20GAL @ $117.95	$2,359.00
	PASTUREGARD HL	160GAL @ $96.24	$15,398.40
	REMEDY ULTRA	360GAL @ $45.45	$16,362.00
	OUTRIDER	160OZ @ $12.60	$2,016.00
	TOTAL:		$36,135.40


Harold Coleman made a motion to accept the bid from CPS for a total of $43,914.00. Jingles Endicott seconded the motion and all voted in favor.

After routine business, the meeting adjourned at noon.

THE BOARD OF COUNTY COMMISSIONERS
OF BOURBON COUNTY, KANSAS

(ss) Harold Coleman, Chairman
(ss) Allen Warren, Commissioner
(ss) Jingles Endicott, Commissioner
ATTEST:
(ss) Joanne Long, County Clerk

Return to TOP

April 30, 2012 Monday 9:00 am

The Bourbon County Commission met in open session with all commissioners and the county clerk present. Minutes of the previous meeting were read and corrected.

Randy Handly, Bourbon County Review, was present.

Gene Cowan was present. He asked how things are going at the new quarry.

Marty Pearson gave a road report. He and commissioners discussed the fees at the Landfill and whether it’s self-sustaining, as it was set up to be. A report needs to be compiled.

Angelique McNaughton, Fort Scott Tribune, was present.

Part of the meeting was spent on discussion of the road boring request from Century Link Telephone. No action at this time.

There was discussion of having Public Works on 10 hr days from Mid-May through Mid-September. After discussion, Allen Warren made a motion for the Public Works crews, except the Landfill staff, work 4-10 hour days, from 7:00 am – 5:30 pm, beginning Monday, May 14^th and ending Friday, September 14^th. Jingles Endicott seconded the motion and all voted in favor. It was said that weeks including a holiday would revert back to 5-8s, and there was talk of re-visiting the start/end times, once the days grew longer, to avoid the heat of summer.

Allen Warren discussed dangerous corners at Lake Fort Scott, due low-hanging limbs over the County’s rights-of-way. Those are the County’s responsibility. Marty will get on them.

Commissioners asked about the progress of safety check-lists, as required by MSHA. Marty said that the equipment has a daily check-list, and that an inspection has already taken place, with no citations.

Bill Fiscus and Tim Cunningham, Executive Director, Tri-Valley Developmental Services, met with commissioners. They discussed the Governor’s and legislature’s plan to put Tri-Valley into a Managed Care plan. They are asking counties across the state to adopt a resolution asking that Tri-Valley be “carved out” of the proposed, long-term Managed Care Plan in Kansas. Mr. Cunningham said that 30 counties have passed such a resolution, to date. Commissioners will consider the request.

Terri Johnson stopped in to say that she is available, if needed, today. Also, she reminded Commissioner Coleman not to leave without talking to her today.

After discussion, Allen Warren made a motion to approve the Century Link Telecom/Jeff Wallis excavation permit, providing they pay the $500 boring fee, for a location of 130^th and Valley Rd. Jingles Endicott seconded the motion and all voted in favor.

After routine business, the meeting adjourned at 11:40 am.

THE BOARD OF COUNTY COMMISSIONERS
OF BOURBON COUNTY, KANSAS

(ss) Harold Coleman, Chairman
(ss) Allen Warren, Commissioner
(ss) Jingles Endicott, Commissioner
ATTEST:
(ss) Joanne Long, County Clerk

Return to TOP

April 2012 Minutes

Quick Links

Elected Officials