but jail updates

December 2014

December 30th, 2014                                                           9:00 am

The Bourbon County Commissioners had a 2015 road planning session. Present for the meeting were the Commissioners, Lynne Oharah and Jim Harris. No decisions were made.

The meeting adjourned at 11:00 am.

                                                  THE BOARD OF COMMISSIONERS

                                                  OF BOURBON COUNTY, KANSAS

                                                  (ss) Allen Warren, Chairman

                                                  (ss) Harold Coleman, Commissioner

                                                  (ss) Barbara Albright, Commissioner

ATTEST:

1/9/2015, Approved Date

December 29, 2014                                                   Monday 9:00 am

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

Loretta George with the Fort Scott Tribune and Lynne Oharah was also present.

Jim Harris presented an application from Atmos Energy to bore under Valley Road and 205th; Allen moved to approve the permit and waive the fees, Harold seconded and all approved.

Jim Harris presented preliminary drawings of the new building at the Landfill.

The Commissioners reviewed the drawings. Allen said he had asked William Wallis for an estimate of how much space would be needed for an area to discard household paints, cleaners, chemicals; so that the amount of space needed can be incorporated in this new Landfill building.

Jim Harris said he has been in contact with Delwin Mumbower and Paul Ballou; they will send someone into the valve box at Elm Creek with safety gear on to try and see what is causing the leak at Elm Creek Lake.

Jim and all of the Commissioners will be meeting at 9:00 am December 30th to have a 2015 road planning meeting. No decisions will be made.

Harold said he had witnessed commercial haulers going to the Landfill that didn’t have working tail/brake lights and had trash flying off of the truck; he questioned whether the County had a responsibility to report this.

Allen suggested that the County may need to increase the fees $1 a ton more at the Landfill to help cover expenses there.

Harold said he had seen that the County was placing cold patch on Soldier Road.

Barbara told Jim that the road near Clarksburg Cemetery is muddy. She questioned whether there had been any ditching done near the state line in the Southeast corner of the County; Jim said there had been some done.

Larry Sharp with KCAMP Insurance met with the Commissioners. He reported that the annual premiums for Bourbon County have remained steady at approximately $129,000+ since 2009. He said that liability claims can increase the premiums. He said that Bourbon County had not used the 2014 $2,000 risk avoidance grant, (he said the $2,000 is part of the premium dollars that the County pays). He said the money can be used for vehicle bumper guards, tarps, sign making materials, anything that could reduce claims. Jim said the County would need to purchase a $10,000 piece of equipment to be used on signs; Mr. Sharp said the $2,000 from 2015 could be used towards this purchase. He said KCAMP has seen a decrease in claims paid out due to liability claims and an increase in the property side of claims (typically Road & Bridge).

Lora Holdridge announced that one of her employees for 8 ½ years, Lesley Herrin had accepted another position; she said she will be advertising for a full time employee to replace her.

At 10:00 am the Commissioners had a budget amendment hearing, present for this was Terry Sercer, Rhonda Dunn, Terri Johnson and Justin Meeks. Terry Sercer said there were two funds that needed amended both the Road & Bridge Sales Tax Fund (money assessed to be spent on hard surface roads) and the Employee Benefit Fund. Increasing/amending these funds do not cause an increase in taxes. Amending these increases the amount of money that can be spent that the County has, but didn’t have the authority to spend. There were no objections to amending the 2014 budget. Allen moved to amend the Road & Bridge Sales Tax fund from $1,108,315 to $1,783,041 and the Employee Benefit Fund from $2,358,420 to $2,500,000, Barbara seconded and all were in favor. The Commissioners and Kendell signed the budget amendment.

The Commissioners and Rhonda Dunn will meet at 1:00 pm on December 30th to review the carryover from the 2014 budget, no decisions will be made.

Terri Johnson and Justin Meeks presented to the Commissioners a draft regarding the lease, release & indemnification agreement and a waiver and release from liability to be used regarding the duck blinds at Elm Creek Lake. The agreement needs to be signed annually by the people that lease the duck blinds. Justin said that any improvements that are attached to the ground and are not moveable, belong to the County. Terry and Justin are going to contact KCAMP Insurance to make them aware of the duck blinds.

Allen made a motion to go into a 20 minute executive session regarding attorney client privilege with possible litigation, Harold seconded and all approved (the session included the Commissioners, Terri and Justin). No action was taken.

Allen moved to adopt resolution #26-14 regarding the lease purchase of the 12M Caterpillar Grader, Barbara seconded and all approved.

Allen moved to adopt resolution #27-14 regarding the lease purchase of the radio equipment for the Sheriff’s vehicles, Barbara seconded and all approved.

Allen moved to adopt resolution #28-14 regarding the authorization of year end General Fund transfers with 12.5% going to equipment reserve and 87.5% going to the Capital Improvement Fund, Barbara seconded and all approved.

Allen moved to adopt resolution #29-14 regarding the authorization of year end Road & Bridge Fund transfers, Barbara seconded and all approved.

Neal Burkhart with Wall Street Properties met with the Commissioners regarding purchasing County owned property. He presented a contract with conditions on the contract regarding the final testing on the wells. Allen said he had previously stated that the County would not sell for less than the assessed price of $30,560; Wall Street Properties offered $35,560 for the property. Wall Street plans to eventually improve the recreation area and eventually have a zip line, walking/bike trails as well as motorized trails near Native Road (he said he hopes the 1st part of the project is open between 3-5 years and 7-10 years before everything is in place). Wayne Thorpe said he had concerns over selling the property to Wall Street Properties, he said he was concerned for the residents around this property and wanted the County to keep the property to continue to maintain it, he said $35,000 is very little money and the property would be better controlled by the County. Mr. Thorpe said he had concerns over the 4-wheeling tearing up the ground. Allen said the buyer of the property can not break the seal of the well on the old Landfill and the new owner would have to answer to KDHE on any improvements to the property. Mr. Thorpe felt that once the property sells, KDHE would be out of the property. Mr. Thorpe said that Mr. Burkhart owns property near him and that he had changed the creek near him which washed the bank out and caused damage there. Mr. Burkhart said that was not true, he said he cleaned a ditch that had been there for years and that Mr. Thorpe filed a lawsuit against him on this matter, which the State had viewed and agreed that everything there is ok. Mr. Thorpe said he had owned his property for 70 years and there was never a ditch there. Mr. Thorpe said if you sell to Wall Street Properties the County would loose complete control over the property. Allen said by selling the property they no longer have to maintain the property and selling would get the property back on the tax rolls. Mr. Burkhart said he had met with the Riverfront Authority since this property adjoins it. Harold said he had concerns over the noise from 4-wheeling for the residents and church near the property. Mr. Burkhart said the motorized events will not be everyday. Allen said he appreciated Mr. Thorpe’s concerns and his concerns over the wells there never being checked again; Allen said KDHE dictates when the wells are tested and Neal Burkhart had agreed to continue to test the wells in the contract. Allen said the agreement to continue testing will also go in the Deed. Mr. Burkhart said he thought the improvements they want to make to the property will be good for the businesses in the community; Allen agreed that this will be good for economic development. Allen made a motion to approve the sale of the 23.8 acres to Wall Street Properties with the understanding that they will close within 30 days of receiving notification of the testing of the wells, Harold seconded and all approved. Allen said the County Attorney would have to review the contract before it would be signed. Allen made a motion that the money that comes from this sale be placed in a contingency fund for the replacement of the windows at the Courthouse, Harold seconded and all approved.

Barbara said BEDCO had asked the County to waive the dump fees for property they tore down doing a beautification project on 69 highway and Jayhawk Road, Allen moved to waive the fee one time, Barbara seconded and all approved.

Terri Johnson and Justin Meeks met with the Commissioners regarding the property where Wade Aluminum is. They said the two pieces of property together is assessed at less than $50,000. They said the first thing that needs done is that the County needs to get a survey of the property to get the exact acreage on the property. Allen said he would start that process immediately.

Allen made a motion to go into a 20 minute executive session for non-elected personnel to protect their privacy, Harold seconded and all approved, (the session included the 3 Commissioners and Kendell). After the session the following resolutions were approved:

Allen made a motion to approve resolution 24-14 and resolution 25-14 giving a 1% increase to all Bourbon County employees with the exception of 5 positions, Jim Harris to go from $44,880 annually to $50,880 annually (which is still the lowest paid road director in Counties of similar size), the Treasurer will go from $34,242 annually to $37,248.12 annually, the Register of Deeds will go from $33,321.86 to $35,155, the Custodial Supervisor will go from $12.51/hour to $14.01/hour and the Custodian will go from $11.24/hour to $12.24/hour. Barbara seconded and all were in favor. The Commissioners said they value all of the Bourbon County employees for their work. Barbara said they would like to get wages comparable to Counties of the same size to try to get and keep good employees.

The meeting adjourned at 12:49 pm.

                                                  THE BOARD OF COMMISSIONERS

                                                  OF BOURBON COUNTY, KANSAS

                                                  (ss) Allen Warren, Chairman

                                                  (ss) Harold Coleman, Commissioner

                                                  (ss) Barbara Albright, Commissioner

ATTEST:

1/2/2015, Approved Date

December 22, 2014                                                   Monday 9:00 am

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

Loretta George with the Fort Scott Tribune and Lynne Oharah was also present.

Jim Harris reported that the County had received reimbursements from Federal Fund Exchange for $83,179.85 for the 145th street bridge and $114,993.98 for the 267th street bridge.

Allen said they had viewed two places for a possible quarry site. He said they would like to do some sample drillings; Jim said he is getting an estimate from Dave Creek for the drilling.

Barbara questioned whether Jim had looked at the drainage issue reported by Harold Allen in Marco Estates; he said they cleaned out the culvert that was there and the water is now draining. He said the culvert is on the list to be replaced.

Allen suggested that when a road problem is reported that Jim let the Commissioners know when the problem is fixed.

Allen made a motion to go into a 20 minute executive session for non-elected personnel to protect their privacy, Harold seconded and all approved (the session included the three Commissions and Kendell). No action was taken.

John Hill with City State Bank presented the loan documents and checks for a 2014 Caterpillar road grader and for the radios in the Sheriff’s vehicles. Allen and Kendell signed the documents.

Allen made a motion to go into a 20 minute executive session for non-elected personnel to protect their privacy, Harold seconded and all approved (the session included the three Commissioners and Kendell). No action was taken.

Allen made a motion to pay the 2015 renewal membership to Kansas Association of Counties for $2,941.06, Barbara seconded and all approved.

Rhonda Dunn reported to date that they had collected over $7 million in taxes.

The meeting adjourned at 11:25 am.

                                                  THE BOARD OF COMMISSIONERS

                                                  OF BOURBON COUNTY, KANSAS

                                                  (ss) Allen Warren, Chairman

                                                  (ss) Harold Coleman, Commissioner

                                                  (ss) Barbara Albright, Commissioner

ATTEST:

12/28/2014, Approved Date

December 19, 2014                                                   Friday 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 Lynne Oharah was also present.

Allen made a motion to approve issuing an off premises cereal malt beverage license to Conoco (they already had a license; however they have a new manager so they had to reapply for a license), Harold seconded and all approved. Allen and Kendell signed the license.

Barbara made a motion to go into a 20 minute executive session for non-elected personnel to protect their privacy, Harold seconded (the session included the three Commissioners and Kendell). No action was taken.

The Commissioners discussed the leak at Elm Creek. Allen, Lynne, Jim Harris and Frank Young went to Elm Creek, Allen said you can still hear the water running where it is leaking on the West end of the spillway. He said it is caved in where the water is leaking. Frank Young suggested opening the valve to drain until they don’t hear the water running where it’s leaking and then trench back at the face of the dam as close to the dam as they can get. Some people feel that it’s possible that the valve just isn’t closed sufficiently. There was concern over getting to the valve which was replaced several years ago. It was suggested to borrow a camera to see if they can track the site of the leak.

Bill Bogee a resident of 1749 205th Street, Fort Scott visited with the Commissioners regarding the approach to his property. He said the approach isn’t wide enough to turn into with a large truck. He said his approach is approximately 24’ now and would like it to be approximately 34’. Allen suggested 48’ total, but Mr. Bogee said there is a water manhole that would prevent 48’. Mr. Bogee asked who would be responsible for the gravel on the approach; Allen said the County is responsible up to the fence line. Mr. Bogee filled out a culvert application; Allen said he would give it to Jim Harris.

All of the Commissioners may be attending a flood plain meeting on January 7th at 10:30 at the City of Fort Scott Commission room. No county business decisions will be made.

Bill Martin came to the Commission meeting to show the Commissioners some older pictures he had found in some records. Allen told Bill about the paint that Sherwin Williams sells called Harmony that can be used in occupied hospital rooms.

Gerald Engstrom and Roscoe Mumbower stopped by the Commission room.

Barbara said she had received an update from Ken at Patron Insight; they said they are encountering no difficulties doing the survey and that the data should be collected by Christmas and then analyzed after that. The survey should be paid for out of the 2014 budget.

The meeting adjourned at 11:23 am.

                                                  THE BOARD OF COMMISSIONERS

                                                  OF BOURBON COUNTY, KANSAS

                                                  (ss) Allen Warren, Chairman

                                                  (ss) Harold Coleman, Commissioner

                                                  (ss) Barbara Albright, Commissioner

ATTEST:

12/22/2014, Approved Date

December 15, 2014                                                             Monday 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 Lynne Oharah was also present.

Jim Harris presented a culvert application for 2012 Valley Road, for Levi Yoder. He requested a 40 foot culvert, the culverts come in 24’ sections, so if they place a 40’ culvert, the culvert will have to be cut & banded, Jim said he would see if 48’ would work for Mr. Yoder (at a slightly higher cost) so that it doesn’t have to be cut. Harold made a motion to accept the application for a culvert up to 48’, Barbara seconded and all approved.

Allen said Frank Young with Agricultural Engineering will be looking at the leak at the east end of the dam at Elm Creek Lake today at 1:30 pm, all of the Commissioners may be attending the meeting, but no County business decisions will be made.

Allen said that Dave Creek with Buckley Powder will be touring Gene Bailey’s property at 10:30 on 12/17/2014 to see if they could get a drill on the property, if they can they charge $560 for mobilization and .95 cents/foot to drill.

Allen said he had visited with Mr. Mcadams regarding Pawnee rock, he said Mr. Mcadams is not concerned that the rock is too hard or too sharp.

Jim and the Commissioners will have a 2015 hard surface road planning session on December 30th from 9:00 – 11:00 am.

Jim Harris requested that the R&B employees work on December 24th in order to be off on December 26th. It was later decided to amend the holiday resolution for all Bourbon County Employees.

Terry Sercer called to review the 2014 budget; he said there are two funds that need amended in order to avoid a budget violation, for 2014; the Road & Bridge Sales Tax fund and the Employee Benefit fund. Allen moved to proceed with publishing the 2014 budget amendment for Road & Bridge Sales Tax fund and Employee Benefit fund (the meeting will be December 29th at 10:00 am), Barbara seconded and all approved.

Barbara made a motion to adopt resolution 23-14 regarding the counselor for the upcoming tax sale, Harold seconded and all were in favor.

Harold made a motion to accept the employment contract with Dan Meara for the upcoming tax sale for $95/tract, Barbara seconded and all were in favor.

Terri Johnson said she reviewed the statute regarding selling County property, (due to the property being considered to be sold of having a value of less than $50,000, and it can’t be used for public purposes) she said the notice would have to published two times, announcing the time and date of the sale and the legal description of the property. Allen moved to publish the notice of the intent to sell by negotiations for December 29th @ 11:00 am, Barbara seconded and all approved.

Terri Johnson questioned the Commissioners regarding a site for a proposed quarry; Allen said a site has not been selected.

Allen discussed Wade Aluminum; he said years ago that Tower and Metal debris was hauled to Wade Aluminum; Wade Aluminum would sift though the material to get any additional aluminum and then take the rest (dross) and dump on a 25 acre site. Bourbon County wanted to buy the land for a landfill, in order to do this the County had to buy property on north and south side of Noble Road & it was in the contract that the seller was not responsible for the site. Bourbon County signed an agreement with KDHE to clean up the site in 2010, he said the dross has an excess amount of lead in it; KDHE developed a remediation plan (which cost the County an estimated $32,000) for the County. KDHE discovered 6 cubic yards of “hot stuff” to be removed. Bourbon County hired a company to remove the “hot stuff” which left dross for the County to deal with. KDHE identified a pit large enough to hold the dross. The County received a $591,000 written quote and a $500,000 verbal quote to do the clean-up; however nothing has been done due to budget restraints. KDHE wants it cleaned up. KDHE identified a pit to place the dross. Allen was approached by Leon Hester to purchase the property. Mr. Hester said he was willing to clean the property following KDHE specifications for no money in exchange for the land (63 acres total). The County would share the engineering and testing fees and the County would haul the compactable clay to cover the pit with. By doing this the property would be put back on the tax rolls. The County would retain ownership until the property was cleaned up to KDHE regulations. The land needs surveyed and appraised. Allen made a motion to proceed with the survey of the 25 & 38 acres (63 total acres), Harold seconded and all were in favor. Barbara commended Allen for the amount of work he had done regarding this land. Barbara made a motion to authorize Allen to see the project through, Harold seconded and all were in favor.

Harold Rogers asked the Commissioners if there was a resolution regarding the fire coverage area at the Fort Scott Lake, Terri Johnson said no, she said she had just received the contract for review.

Barbara made a motion to go into a 10 minute executive session for non-elected personnel to protect their privacy, Allen seconded and all were in favor, (the session included the three Commissioners and Terri Johnson). No action was taken.

Barbara made a motion to amend Resolution 01-14 for Bourbon County Holidays, making December 25th and December 26th the County holidays as opposed to December 24th and December 25th, Harold seconded and all were in favor.

Barbara made a motion to eliminate the formal evaluations that was previously requested to be done by the department heads, Harold seconded and all were in favor.

The meeting adjourned at 11:00 am.

                                                  THE BOARD OF COMMISSIONERS

                                                  OF BOURBON COUNTY, KANSAS

                                                  (ss) Allen Warren, Chairman

                                                  (ss) Harold Coleman, Commissioner

                                                  (ss) Barbara Albright, Commissioner

ATTEST:

12/19/2014, Approved Date

December 12, 2014                                                   Friday 9:00 am

The Bourbon County Commissioners met in open session with Commissioners Harold Coleman, Allen Warren and the County Clerk present.

Tammy Helm with the Fort Scott Tribune and Lynne Oharah was also present.

The Commissioners announced that the Landfill will be open on Saturday, December 27, 2014.

Allen made a motion to approve appointing John “Marty” Dewitt to the governing board of the Southeast Kansas Mental Health Center for a 3 year term (1/1/15-12/31/2017), Harold seconded and all approved.

Allen made a motion to approve the on and off premises liquor license for Sugar Valley and the off premises license for Union Station, Harold seconded and all approved.

The Commissioners discussed the leak on the dam at Elm Creek Lake and Allen presented pictures of the area where the leak is. Engineer Frank Young is going to view the leak on December 15th @ 1:30, all of the Commissioners may also go to this meeting; no business decisions will be made.

Terri Johnson and Justin Meeks met with the Commissioners, Terri announced that Justin was working on a contract for duck blinds at Elm Creek Lake and would present it to the Commissioners next week.

Terri Johnson said they are going to be advertising for a position that will start in 2015; it will be a 2nd assistant county attorney position with a salary of $36,000 annually.

Allen and Harold will be attending the holiday lunch today, no County business will be decided.

The meeting adjourned at 10:38 am.

                                                  THE BOARD OF COMMISSIONERS

                                                  OF BOURBON COUNTY, KANSAS

                                                  (ss) Allen Warren, Chairman

                                                  (ss) Harold Coleman, Commissioner

                                                  (ss) Barbara Albright, Commissioner

ATTEST:

12/15/2014, Approved Date

December 8, 2014                                                     Monday 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 Lynne Oharah was also present.

Allen discussed the interest rates for the new grader the County is purchasing; City State bid 3.24% and CAT bid 3.20% for 9 years. Allen said that if financed through City State it would cost $291.60 more than if financed through CAT. Allen moved to finance the grader through City State Bank @ 3.24% for 9 years, Barbara seconded and all were in favor. Allen said he would be in contact with City State.

Jim Harris reported that they are placing cold patch on Jayhawk as well as placing rock on Range Road.

Allen discussed the KDOT agreement for the replacement of rock on County roads where KDOT used County Roads for detours on 2 bridge replacements. Jim said he thought we should get reimbursed for more than rock (rock, use of County trucks, personnel required to place rock), KDOT would not reimburse for anything more than rock. Allen moved to approve the 2 agreements with KDOT regarding the rock replacement for the County Roads that KDOT used as a detour, Barbara seconded and all were in favor.

Allen talked about the Landfill land that the County agreed to sell on 12/5/2014; he said he talked with Charlie Bowers @ KDHE, KDHE gave him the form (Permit transfer application for a solid waste facility) to be filled out by the buyer of the land. Allen contacted Neal Burckart (the one that wants to purchase the land).

Allen took a phone call from Wayne Thorpe; Mr. Thorpe does not think the County should sell the property to Neal Burckart.

Harold Allen talked to the Commissioners regarding 1022 232nd Street; he said this was the 3rd time he had asked that something be done there. He said there is standing water in a ditch that has a mailbox (that has standing water around it). He said that the County had installed a culvert across the road, that didn’t need a culvert). Barbara contacted Jim Harris on this issue; Jim said he would look at the area.

The Commissioners briefly discussed the survey that the company wants to use for the telephone survey on construction a new jail. They feel that the survey needs more details on some of the statements.

Allen called Sherwin Williams regarding low fume paint; they have a paint (Harmony paint, costs $40-$53/gallon depending on discounts) that can be used in an occupied hospital room.

Harold made a motion to adopt resolution #22-14 approving the issuance of a Farm Winery license to Robert P. Duncan at 2304 Poplar Road, Fort Scott, Allen seconded and all approved.

Don George with Kansas Wildlife & Parks & Tourism met with the Commissioners regarding the fish feeders. He said the pond at Gunn Park is nearing completion; he said he is going to order the supplies to build a fish feeder for them. He said the feeder at Cedar Creek Lake had previously been vandalized. He asked if the Commissioners would approve him buying the supplies to build a new feeder for Cedar Creek Lake (he said he could get the supplies cheaper if he could order enough to build 2 feeders). Barbara made a motion to proceed with the purchase of the fish feeder and float supplies to be used at Cedar Creek Lake; (not to exceed $2,000) this will come out of the 2014 budget. Allen seconded and all approved. The fish feeder will be filled by the Elm Creek Caretaker approximately once every two weeks for an average of 4 months a year. If there are problems with vandalism again, they will move the feeder. Kansas Wildlife & Parks reimburses the County (due to the County not charging for permits at the Lakes) for the fish food that is used at the lakes.

Don George asked if the Commissioners had any long term plans for the leak on the Dam at Elm Creek Lake. Mr. George said he had concerns about investing in fish if there were problems with the Lake. He said there may be grants available to help offset the cost of the improvements. He said the County would be responsible for writing the grant, but they may be able to assist in the writing process.

Don George said they loan the County a boat to be used to fill the fish feeder, he said the motor is broke and needs to be replaced.

Rhonda Dunn, Lora Holdridge and Kendell Mason met with the Commissioners regarding moving the Register of Deeds and the Election Equipment storage. Lora previously made a request to switch offices, Kendell viewed storage area in the Attorney’s building, but the area was not big enough to store the equipment. Rhonda suggested the only other solution was to switch offices. Rhonda said she didn’t think that the room Lora wants to move to is as big as she currently has and perhaps will not hold all of their stuff. Lora said the rooms need to be measured. Rhonda questioned who would pay the costs associated with the move; Lora said they were going to move their stuff themselves. Lora said she had already missed a chance to buy supplies on sale and that now is not a feasible time to try and move.   Kendell reminded her that her office will get busy again in January and then there will be an election in the spring. Allen said that it sounded like Road & Bridge would be moving the Election equipment, and asked if this would be an issue since this would take away from the time spent working on Road & Bridge issues. There was discussion over using inmates to move equipment. Pending measurement they will proceed with the move.

The meeting adjourned at 11:43 am.

                                                  THE BOARD OF COMMISSIONERS

                                                  OF BOURBON COUNTY, KANSAS

                                                  (ss) Allen Warren, Chairman

                                                  (ss) Harold Coleman, Commissioner

                                                  (ss) Barbara Albright, Commissioner

ATTEST:

(ss) Kendell Mason, Bourbon County Clerk

12/22/2014 Approved Date

December 5, 2014                                                     Friday 9:00 am

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

Jason Silvers with the Fort Scott Tribune and Lynne Oharah were also present.

Jim Harris reported that this week they had hauled gravel, put in culverts and crushing at the George Quarry. He said they had picked up rock from a blast at the Beth Quarry that had gone onto a neighbor’s property; he said the rock ranged in size from 4” to 12”. He said they are approximately 45 days from covering an area at the Landfill. He also reported that they should have preliminary building plans next week for a building at the Landfill.

Harold reported that Rudy Simpson advised not to put a quarry in an area to get Pawnee rock; he said the Pawnee rock is too hard and too sharp, he suggested finding an area with good limestone instead.

The Commissioners discussed the interest rates to finance the 2014 CAT 12M2 grader. CAT will finance for 3.2%, Landmark will finance for 3.49% and City State will finance for 3.24%; all based on 9 years of financing. Allen is going to get calculations to see the amount of dollar amount difference this interest rate will be over 9 years time. $50,000 will be taken out of Special Machinery to help pay for this machine.

Jim suggested that the Commissioners and he get together in a few weeks to discuss 2015 road plans.

Jim said Foley will demonstrate a road widening machine for them.

Joe Barr a resident of 1255 245th Street, met with the Commissioners regarding a neighbor of his that is dumping trash (Mr. Barr presented pictures of the trash) on his own property which is blowing onto others property. He questioned if the County could do anything about this. There is no zoning in the County; therefore, Allen suggested that KDHE may be able to help him with this issue. Mr. Barr questioned the safety issue of the home that has children living there. Mr. Barr said he would talk to Dan Meara regarding this issue.

Neal Burckart met with the Commissioners, he said he represents Wall Street Properties and said they were interested in purchasing County owned property along 69 Highway which begins close to the 54 off ramp and goes to Native Road (23.8 total acres). He said if the County wants to sell the property they are proposing to offer the assessed value of the property and would cover the closing costs of the property. Allen said he had done research on selling County owned property and said the County has to follow a process to sell or dispose of property valued between $1,000 and $50,000 by either a public or private sale or negotiations. He said it would have to be published twice in the newspaper with the publication including the time and location of the sale and the condition of the sale. Allen said the assessed value of the property is $30,560. He said the property at one time was the location of the Fort Scott Hydraulic Cement Quarry and then the site of the old County dump. Allen said the County now has obligations to monitor the wells on the property and have been mowing the property and if sold the new owners would take on these obligations. Allen suggested that KDHE would have a survey that was previously done on the area. Harold made a motion to consider disposing the property of 23 acres more or less and to authorize Allen to contact KDHE to make sure the requirements of a closed landfill are met, Allen seconded and all approved. Allen said the property is currently not on the tax rolls, but if sold would be put back on the tax rolls. Allen said he would be in contact with KDHE.

Bill Martin met with the Commissioners regarding the financing for 13 radios that was previously approved to purchase for $28,384. Bill said he requested bids from six financial institutions for the financing of the radios, he said two responded, one was not interested in financing, the second was from City State Bank for an interest rate of 2.38% for 5 years (approximately $502.76 per month); Bill asked that the Commissioners approved financing with City State Bank. Allen moved to allow the Sheriff’s department to finance through City State Bank for 5 years, Barbara seconded and all approved. Bill said they would start the installation process for the radios on 12/2/2014.

Harold made a motion to go into a 5 minute executive session for non-elected personnel to protect their privacy, Barbara seconded and all approved (the session included the three Commissioners and Bill Martin). No action was taken.

Allen said he had seen pictures of the jail on the internet and asked Bill why they didn’t paint in the jail. Bill said they do paint, but when they do they have to move inmates to paint due to the fumes. Allen suggested talking with Sherwin Williams about paint that is low fumes.

Allen made a motion to go into a 25 minute executive session for non-elected personnel to protect their privacy, Harold seconded, (the session included the 3 Commissioners). No action was taken.

Darrin Petrowsky from KDOT met with the Commissioners. He presented bids to the County from KDOT for roads that KDOT used of the Counties when they re-routed traffic to replace bridges. The bridge on Highway 31 used 175th Street, Wagon Road and 190th Street; he said a maximum of 850 tons of aggregate material @ $6.30/ton with a maximum pay of $5,355. The bridge replacement on Highway 39 used 20th Street, Calvary Road, 30th Street, 100th Street, Eagle Road, 95th Street, Fern Road, and Birch Road, with a maximum of 2500 tons of aggregate material @ $6.30/ton with a maximum pay of $15,750. The Commissioners are going to review the contract.

The meeting adjourned at 11:20 am.

                                                  THE BOARD OF COMMISSIONERS

                                                  OF BOURBON COUNTY, KANSAS

                                                  (ss) Allen Warren, Chairman

                                                  (ss) Harold Coleman, Commissioner

                                                  (ss) Barbara Albright, Commissioner

ATTEST:

12/8/2014 Approved Date

December 1, 2014                                                               Monday 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 Lynne Oharah were also present.

Jim Harris reported this week they will be hauling gravel, breaking rock at a quarry, putting in culverts, putting cold patch down as well as storing equipment for the winter.

Allen asked Jim if the City of Fort Scott had been billed for the culverts at the Laroche ballpark, Jim said he had turned in the paperwork to bill them.

The Commissioners discussed rock from a blast at the Beth quarry that had landed on Darryl Houston’s property (landowner on the North side of the quarry). Allen questioned how far the rock traveled from the blast. Allen, Jim and Tom Mcadams (as well as others) viewed the proposed Bailey quarry; Mr. Mcadams said that they would not be able to blast close to the road at the proposed Bailey quarry, Allen said this would be a large part of the area they would have wanted to blast. Allen said he had received calls from other landowners in the same area that could possibly be a site for a quarry.

Allen talked about the report regarding the inspection and analysis of bridges in Bourbon County and the portion dealing with fracture critical bridges. Jim said there are four bridges on the fracture critical list, he said he had met with KDOT regarding this and will also be meeting with Schwab Eaton to go over the reports. Allen said that due to the design and age of some of the bridges it could possible cost as much as $40,000 to inspect the bridges in the future.

Barbara and Jim are going to view Kevin Allen’s property in the industrial park on 12/4/2014, Kevin talked to Barbara about the work that was done there; Jim said Riddel Construction is placing fiber optic near Kevin’s property.

Delwin Mumbower and Lou Howard with Fire District #3 met with the Commissioners regarding Don Banwart’s (with Scott Township) comments to the Commissioners. Fire District #3 and Scott Township have had a contract since 2004 (which a County Commissioner signed) for fire protection for an area west of Fort Scott Lake. This area is in Fire District #3’s area, but the contract has Scott Township covering the area. Fire District #3 collects the tax dollars for this area and pays it to Scott Township. Fire District #3 wants to cancel the contract. They said when Fire District #3 initiated the contract it was partially due to personnel issues in Hiatville, but they now have 6 that volunteer for Hiatville. Delwin said this is Fire District #3’s jurisdiction and they need to be responsible for this area. Delwin said when they respond to a call they all work together. Fire District #3 talked about the mutual aid they have with Scott Township. Mr. Banwart discussed building a different fire department near the Lake; Delwin said neither the Fort Scott fire chief or the City Manager knows anything about the possibility of a different fire station. Barbara said she had received calls from residents that this contract affects; they had concerns over the distance to their property from the fire station and their insurance rates changing if the contract is cancelled. The Commissioners all suggested that the residents with concerns should contact their insurance company to discuss their rates. Delwin said some of the residents in this area are already rated at the highest insurance level. Delwin said that Don Banwart stated that Fire District #3 has paid based on levied amounts 10 years ago and pockets the rest of the current taxes. Delwin said the fire department does not pocket anything. Mr. Banwart stated that what they receive from this is 25% of their annual budget, Delwin said in 2014 they paid approximately $9,000 to Scott for this area; Delwin said $9,000 is a long ways from being 25% of their annual budget. The Commissioners said cancelling this is in Scott’s hands and suggested that Fire District #3 talk to the Scott board about cancelling this contract.

The Commissioners discussed the annual performance evaluations that the Department heads are to have done by the end of the year. Barbara talked about possibly not doing the evaluations; she said she thought most department heads did informal evaluations throughout the year when a correction was needed.

The meeting adjourned at 11:41 am.

                                                  THE BOARD OF COMMISSIONERS

                                                  OF BOURBON COUNTY, KANSAS

                                                  (ss) Allen Warren, Chairman

                                                  (ss) Harold Coleman, Commissioner

                                                  (ss) Barbara Albright, Commissioner

ATTEST:

12/5/2014 Approved Date

Elected Officials

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

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