These minutes were approved on Feb. 8 by the commission.

January 31, 2022                                 Monday 8:35 am

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

Anne Dare and Jason Silvers were present for some or all of the meeting.

Clifton made a motion to approve the previous meetings minutes. Lynne seconded.  All approved.

Eric presented two utility construction permits from Cox Communication.  One on 240^th north of Limestone for fiber optic.  The other is on Kansas west of 230^th.  Lynne made a motion to approve the two permits.  Clifton seconded.  All approved.

Ashley Shelton presented a Real Property Relief Application for 1762 255^th St, Fort Scott.  Lynne made a motion to approve the Real Property Relief Application for 1762 255^th St., Fort Scott, KS.  Jim Harris seconded.  All approved.

Susan presented Approval of Township & Cemetery Board Annual Report.  This is a report of all their budget numbers. We are missing about 12.  Those turned in are on budget.  These reports are sent to the state.  Lynne Oharah made a motion to approve the cemetery & township board reports that have reported for year-end budget of 2021.  Clifton seconded.  All approved.

Susan discussed sick leave.  We had our first department head meeting and it went well.  The resolution (06-22) being presented is how they feel the sick leave should be handled.

“Whereas all new hires accrue one day per month of sick leave.  One day will represent the number of hours a normal workday is for the specific position or department and whereas of February 1, 2022, new hires will be given 12 days of sick leave on the first day of hire.  If the employee leaves employment before their one-year anniversary date and sick leave used exceeds the annual accrual rate of one (1) day per month, the sick leave used must be reimbursed back to the county, Ex: Employee works sick (6) months but uses eight (8) days of sick leave and terminates employment.  Two (2) days of non-accrued sick leave will be deducted from the employee’s final paycheck, and whereas, the number of months of service divided by two (2) will be allocated on day one of the transfer for any employee who transfers from a salaried position to an hourly position.  Ex: An employee who has worked for Bourbon County in a salaried position for sixty (60) months (5 years) will be granted thirty (30) days of sick leave on the first day of the transfer to an hourly position.”

Basically we will frontload the sick leave for any new hire and if they terminate before first year of employment then they will have to pay days back.  And for the salaried position we basically stated that this is what they would have accrued and then divided it in half.  The department heads felt this was fair.  As a resolution it will be added to the handbook until the handbook has been updated.  Clifton made a motion to pass resolution 06-22 amending sick leave accrual.  Lynne seconded.  All approved.

Justin Meeks requested an executive session for attorney client privilege for 7 minutes.  Clifton made a motion for executive session KSA 75-4319(b)(2) for consultation with an attorney for the public body or agency which would be deemed privileged in the attorney-client relationship for 7 minutes returning at 8:53am including 3 commissioners and Justin Meeks.  Lynne seconded.  All approved.  Lynne made a motion to resume normal session at 8:53am.  No action.  Clifton seconded.  All approved.

Justin Meeks asked a motion to allow Chairman Harris to sign any and all legal documents for the possible transfer of the hospital building to Noble Health.  Clifton made a motion to allow Chairman Harris to sign any and all legal documents from the county to Noble Health.  Lynne seconded.  All approved.

Justin Meeks asked for an executive session for proprietary information for 7 minutes including 3 commissioners, Susan Bancroft and myself.  Clifton made a motion for executive session KSA 75-4319(b)(4) to discuss data relating to financial affairs or trade secrets of corporations, partnerships, trust, and individual proprietorships including 3 commissioners, Justin Meeks and Susan Bancroft for 7 minutes returning at 9:02am.  Lynne seconded.  All approved.  Lynne made a motion to resume normal session at 9:02am.  Clifton seconded.  All approved.

Justin stated that he received an e-mail from a patron concerning some sales tax revenue stuff from back in the day.  Obviously, I don’t have the ability to give that legal advice.  It doesn’t deal with the county specifically so I will be forwarding that on.  If I do need to address that myself I will request permission from the commission prior to that.

Jim Harris announced the commission has been invited to the 76^th Annual Bourbon County Conservation District Annual Meeting to be held on February 5^th, 5:30pm at Rosie’s Cabin in Uniontown, KS.

Clifton made a motion to allow the three commissioners to attend the Noble Health function.  No business will be conducted.  Lynne seconded.  All approved.

Anne Dare asked about the Township & Cemetery Board Annual Report.  She has heard from 2 different treasurers stating that the information they had received was confusing as to what they needed to report for year end.  She asked if this has been taken care of.  Ashley Shelton stated that the distribution came in high at the end of the year; it shows that they had more money.  They need to show whatever was over that they didn’t spend as a cash balance at the beginning of 2022.  They are going to receive less money in 2022 but added with that beginning cash balance for what they received over should balance out.  Anyone that has reached out to me has been given this information on how to handle it.  I would encourage anyone with questions to give me a call.  Susan Bancroft made a suggestion that we call in all the treasurers and give them a rundown on how to do this process.

At 9:08am, Lynne made a motion to adjourn.  Clifton seconded.  All approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Jim Harris, Chairman

(ss) Lynne Oharah, Commissioner

(ss) Clifton Beth, Commissioner

ATTEST:

Ashley Shelton, Bourbon County Clerk

February 8, 2022, Approved Date

These minutes were approved on Feb. 15

February 8, 2022                                  Tuesday 9:00 am

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

Clint Walker, Anne Dare, Matt Crystal, Matt Quick and Shane Walker were also present for some or all of the meeting.

Clifton made a motion to approve the previous meetings minutes, Lynne seconded.  All approved.

Eric Bailey asked for approval of a culvert extension at 1973 60^th St, Bronson, KS.  Lynne made a motion to approve.  Clifton seconded.  All approved.

Eric stated that from Tuesday at midnight they had three trucks running three shifts around the clock through Thursday.  He thanked his crew.

Eric stated they have a truck down.  The drive shaft is out.

Eric stated that they received the permit to fix the dam at Elm Creek.

Eric discussed a situation where wire got wrapped around the dozer at the landfill while working in C & D.  He stated that a shield could be purchased for $18,000 and would be money ahead.

Eric requested a work session for March 15^th in the afternoon in the commission room which will be open to the public.

Eric stated that the windmill project is finishing up.

Mowing & Snow Removal bids for the medical building were discussed.  Tabled for 30 days.

Clifton made a motion for an executive session KSA 75-4319(b)(6) for the preliminary discussion of the acquisition of real property for 10 minutes including 3 commissioners, Susan Bancroft, Justin Meeks and Rob Harrington returning at 9:26am.  Lynne seconded.  All approved.  Clifton made a motion to return to normal session with action at 9:26am.  Lynne seconded.  All approved.  Lynne made a motion to allow Clifton Beth to negotiate up to $125,000 for acquisition of real property.  Jim seconded.  All approved.

Clifton made a motion for an executive session KSA 75-4319(b)(1) to discuss personnel matters of individual nonelected personnel to protect their privacy including Dave Bruner, Susan Bancroft, Justin Meeks and 3 commissioners for 15 minutes returning at 9:44am.  Lynne seconded.  All approved.  Clifton made a motion to return to normal session at 9:44am with no action.  Lynne seconded.  All approved.

Susan Bancroft discussed the lease agreement with Ascension Via Christi for another year.  Clifton made a motion to allow Chairman Harris to sign the lease extension with Ascension Via Christi.  Lynne seconded.  All approved.

Susan also discussed the state setoff agreement.  We talked about this late in the year last year about doing something at our landfill that gives us the opportunity that if someone doesn’t pay their bill, to send them to a collection agency.  Working with the state, when someone does a tax return and if they are getting anything back, they will take it out of the tax return to pay the county.

Susan also reviewed that we are getting down to the end of 2021 and closing out some of that information.  Still working with the Treasurer’s to clean up some accounts there.  We would like to request some transfers from some funds.  Would like to request $20,000 be moved from the Appraiser’s fund over to their reserve fund.  $20,000 from the election fund to the election reserve fund, and $30,000 from noxious weed to noxious weed equipment fund.  $20,000 from road & bridge to special road machinery fund and $50,000 from special bridge to road & bridge special improvement.  The clerk’s office would like to transfer $8,000 to the election reserve fund.  $20,000 from general to computer equipment reserve.  Lynne made a motion to approve the transfers as presented.  Clifton seconded.  All approved.

Susan stated that the overall bottom line budget is ok.  However, there are a few departments where we exceeded the budget.  The County Commission exceeded their budget by $9,400.  The County Coroner by $7,700.  The County Attorney by $10,000. And district court exceeded by $43,000.  However, in 2022 for the district court we are going to reduce their budget by that amount.  Some of this is just not understanding the budget law and cash basis law.  In our first department head meeting we discussed this.  We are looking to implement a purchase order system to help us at year end.  To make sure we are expensing in the correct year.  The sheriff’s budget will be exceeding by $5,000.  We can show it as a budget violation or you can give me authority to move that expense to the general fund to offset it.  With the sheriff’s budget we had projected a cash carryover of $124,000 and they are going to start out the year with a $69,000 deficit.  So the actual cash carryover is only going to be about $60,000.  They start out with a lot less money than we anticipated.  That has to be made up somewhere throughout the year or you are going to continue to compound the problem.  I talked with the sheriff in our first department head meeting and we made some corrections at year end so it’s a little bit worse than we had anticipated.  Lynne asked if this would be the only violation we will have.  Susan stated that we would also have violations from the distribution that happened where there was an overage sent to the taxing entities.  There are almost 50 funds that are running in the negative and those will all be violations.  There is nothing I can do about it.  Clifton made a motion to move the $5,000 from the general fund to the sheriff’s budget and do an adjustment for the overage the following year.  Lynne seconded.  All approved.

Anne Dare asked about who does the distribution to the taxing entities?  Susan stated the treasurer does.  Anne asked if we have issues every year.  Susan stated no.  Anne asked about the other violations that were brought up during the audit.  Are those being cleaned up?  Susan stated that slowly they are being cleaned up.  Anne stated that the meeting at the hospital was awesome.  She had hoped for more details.  She asked about the county giving $2,000,000 to the hospital.  Clifton stated that the $2,000,000 is on top of the $800,000 that was given for the audit.  Clifton stated that this information was in the initial cooperative agreement that was signed.  Anne asked why the county needs to give the money?  Clifton stated that he felt it was to show that the county is as committed as they are.  It will be Bourbon County Community Hospital.  Where is the money coming from?  Clifton stated that his opinion was the Mercy donation and we have ARPA funds which totals 2.3 million.  Anne asked when they are expected to pay the funds.  Clifton stated we can write them a check or we can make payments.

Clint Walker stated that Allen County subsidizes their hospital $1,000,000 per year.  He also stated that the Road & Bridge crew did an outstanding job putting in whistles on 95^th Street and Old 54.

Lynne thanked Clifton for all the hard work with Noble Health getting the hospital up and running.  Jim agreed with Lynne on all the hours Clifton put in.  Clifton stated that Rob Harrington played a big role in this as well.  Clifton stated that the feasibility study is not 100% complete, but they are far enough into it to know they can move forward.  Anne Dare asked about any more discussion/community meetings.  Clifton stated he had no idea of timeline on that.

Jim Harris stated that he’s heard comments on how short the commission meetings are.  He stated that we have a very good agenda and we move forward and get things done.  He welcomes the public getting involved in the meetings.  We represent the citizens of Bourbon County.  Justin and Susan suggested maybe having a commission meeting in one of the outlying towns in the county every 4 months or so.  Jim stated he was open to that.  Clifton stated that the meetings do not have to be broadcast.  It is done as a courtesy.  If we have a meeting out in the county it will not be broadcast.  Anne stated that she appreciates the momentum that this commission has brought.  I think that has caused everyone else step up to the plate.  Eric is doing a phenomenal job, Ashley, bringing Susan on and the sheriff.  When I attend a meeting and only have to be here for 45 minutes I feel good about the rest of my day.  Jim stated that we have a good group of commissioners, Susan on board, Justin and Eric is doing a fantastic job along with our elected officials and Rob Harrington is a team member.  We have a lot of good things going forward.  Susan stated that she is getting great cooperation.  We’ve got to change the way we are doing some things.

Jim thanked Rob Harrington and others for their work on the hospital project.

Lora Holdridge would like to get blinds for the south windows due to glare on computers.  She is going to get bids for blinds.  Jim said she could pay out of general fund.

At 10:16am, Clifton made a motion to adjourn.  Lynne seconded.  All approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Jim Harris, Chairman

(ss) Lynne Oharah, Commissioner

(ss) Clifton Beth, Commissioner

ATTEST:

Ashley Shelton, Bourbon County Clerk

February 15, 2022, Approved Date

These minutes were approved on Jan. 31 and posted on the county’s website on Feb. 7

January 25, 2022                                 Tuesday 9:00 am

The Bourbon County Commission met in open session with Jim Harris, Lynne Oharah and the County Clerk present.

Matt Crystal and Amanda Gilmore were present for some or all of the meeting.

Lynne made a motion to approve the previous meetings minutes, Jim seconded, all approved.

Eric stated that a compost facility permit had been submitted.  We will follow our solid waste plan.  Jim made a motion to move forward with permit for composting facility as outlined at the Bourbon County Transfer station KSA 65-3407 allowing public works department to continue with a compost facility.  Lynne seconded.  All approved.  Chairman Harris signed the permit.

Eric stated that the local road safety plan grant that we were awarded last year was contacted last week they are to the point of starting with looking at our roads.  We have a kick-off conference call with them tomorrow at 1:00pm.

This week we are working on the ditches on Birch Road.  We hauled gravel from the windmill over where they had their concrete plant.  They offered us some excess gravel.  C & D landfill has been capped on top per KDHE guidelines.  We are on schedule with that.

A 48-inch culvert on 218^th south of Native that the east bottom is completely rusted out.  Had a company come in and look at lining it hoping to not have to dig up the road.  They sent us back a price of $9,400.00 to line it.  Working on coming up with a plan to fix this ourselves.

Windmill project update we are still working on post-road inspection.  Give them a list of items to be worked on.  They are not completely leaving but are pulling out trailers on Cavalry.  There are still contacts for us.

Approval of Township and Cemetery Board Annual Report.  This was postponed to next week.  Not all reports are in.

Lynne made a motion to change next Tuesday’s meeting to Monday morning at 9am.  Jim seconded.  All approved.

Susan stated that the SEK Regional Meeting will be hosted by Bourbon County this year.  Jim asked Susan to take charge of this.  Susan said she would work with Lora Holdridge.

Justin Meeks asked for permission to meet with Jim Harris regarding some contract reviews and lease assignments.  He also stated that he has the landfill real estate contract almost complete.  Hoping to have this on the next agenda in February.

Susan stated she needed an executive session for personnel matters of nonelected personnel regarding job performance.  Lynne made a motion for an executive session KSA 75-4319(b)(1) to discuss personnel matters of individual nonelected personnel to protect their privacy regarding job performance for 10 minutes returning at 9:28am including Justin Meeks, Courtney Goucher, Ashley Shelton, 2 Commissioners and Susan Bancroft.  Jim seconded.  All approved.  Lynne made a motion to return to normal session at 9:28am.  Jim seconded.  All approved.  No Action.

Commissioner comments – discussion of road maintenance.  Jim stated a resignation was received from the person who has served on the Library board.  If anyone has interest in serving on this board to please let him know.

Rob Harrington stated that they are moving forward with a couple of projects with great things coming in the near future.

At 9:38am Lynne made a motion to adjourn the meeting.  Jim seconded.  All approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Jim Harris, Chairman

(ss) Lynne Oharah, Commissioner

(ss) Clifton Beth, Commissioner

ATTEST:

Ashley Shelton, Bourbon County Clerk

January 31, 2022, Approved Date

These minutes were approved on Jan. 18 and posted on the county’s website on Feb. 7

January 11, 2022                                 Tuesday 9:00 am

The Bourbon County Commission met in open session with Jim Harris, Lynne Oharah and the County Clerk present.

Susan Bancroft, Ann Dare, Jason Silvers, Bill Martin, Ben Cole and Bobby Reed were also present for some or all of the meeting.

Jim began the meeting asking different department heads their thoughts on masks.  Patty Love stated that she felt like since they have the sneeze guards they are safe.  Matt Quick stated that he feels they have plenty of distance in their office.  Eric Bailey went to mandatory masks.  One of his co-workers had a direct exposure so they are masking.  It was determined that each department head or elected official would set their own rules on masking for their department.  Bill Martin asked what the requirement would be to attend commission meetings.  Jim said it would be up to the public as to whether they wear a mask or not until further notice.

Lynne made a motion to approve previous meeting minutes.  Jim seconded.  All approved.

Eric Bailey presented an extension permit for an entrance tube for Russell Felt at 2431Jayhawk.  Lynne made a motion to approve the extension permit for 2431 Jayhawk.  Jim seconded.  All approved.

Eric stated that they used brine for the last snow storm.  They are calling for another call for this weekend and will probably do the same.

Eric stated that on Birch Rd they have started filling in ditches.  They were 4 or 5 feet deep from washout.

Truck #146 Freightliner Heavy Duty Dump Truck was losing some antifreeze.  Took to Findley to identify what the issue is and then we’ll have to decide what to do.  #145 truck we took to Fleet Pride in Joplin to have the cylinder rebuilt.

Eric stated that IMSHAW training was scheduled for this Friday but has been cancelled due to Covid protocol.  Next week we had software training scheduled and has been cancelled due to Covid.

Windmills are drawing to a close on the construction phase.  Will be reviewing pre and post construction videos on the roads.  I’ll be putting together a punch list and using the road agreement that is in place.

Eric stated that the Sterling and the old bridge truck auctions off today.  Currently, the Sterling is around $9,000 and the other is $2,000 to $3,000.  Lynne mentioned a place on 75^th & Maple on the northeast corner that has a ditch that needs to be worked on.

Jim mentioned mowing/snow removal bids for the medical building.  It is tabled until mid-February.

Clifton Beth arrived at meeting.

Jim made a motion to adopt Resolution 05-22 Bourbon County Kansas a resolution in support of the rights of private property land owners.  Lynne seconded.  All approved.

Bill Martin stated that back in July he filed for a grant for body cams.  In December, I was notified that we would receive the grant.  The grant is a 50/50 match.  The body cam and car cam have to be on the same system.  I’m asking for funds to purchase the in-car cameras along with the body cameras.  The in-car cam system we have now will not work with the body cams we are looking at.  The cost will be $191,931.00 for the in-car cameras.  We have 17 cars including the transports for the jail.  For me to accept the body cam grant I need the in-car cameras.  If you disapprove, the in-car camera system leasing then I will submit a letter to the group that awarded the grant that we cannot move forward.  We are looking at a lease purchase for five years.  Discussion continued regarding current system and why new equipment is needed.  Installation is included in cost.  Jim asked if there were any other grants that could be gained to help pay the cost.  Bill said no.   Tabled until next week to give time for financial reports.

Jim asked about a previous grant that Bill had discussed.  Bill explained that it was a one year grant for two drug enforcement positions.  Jim made a motion to approve Kansas Criminal Justice Coordinating Council grant 22-JAG-01 in the amount of $113,292 to be used for drug treatment and enforcement.  Clifton seconded.  All approved.

Jim made a motion to amend the agenda to add Rob Harrington for NRP program.  Clifton seconded.  All approved.

Rob Harrington requested that the county commission agree to pass the interlocal agreement that will be with the city of Fort Scott.  The Fort Scott School District just passed this last night.  The county commission which would reenact the NRP (Neighborhood Revitalization Program).  It was not renewed in 2020 when it should have been.  We are now getting all entities to sign off on it.  Clifton made a motion to allow Chairman Harris to sign the interlocal agreement for the NRP program beginning January 1, 2022 expiring December 31, 2026.  Lynne seconded.  All approved.

Justin Meeks gave an update on the upcoming tax sale.

Clifton made a motion to go into executive session under KSA 75-4319(b)(2) for consultation with an attorney for the public body or agency which would be deemed privileged in the attorney-client relationship discussing contracts with three commissioners, county councilor for 7 minutes returning at 10:25am.  Lynne seconded.  All approved.  Clifton made a motion to return to normal session.  No action.  Lynne seconded.  All approved.

Bill Martin stated that a couple of his deputies that are filling in for dispatch.  I’m paying them out of my budget.  They are having trouble finding dispatchers.  That will explain some of the overtime for my department.

Jim wanted to discuss with department heads and elected officials the agenda request form that can be obtained from the clerk’s office.  It helps us know ahead of time what will be discussed and possibly allow us to make decisions quicker and not have to delay.

Bill Martin made the statement that there is no other county that has to complete a form to be added to the agenda.  I do not agree with having to do this.  Jim stated that it is just a courtesy to know in advance what everyone needs.  It’s nothing to be offended about.  Let’s give it a chance and see how it goes.

At 11:02am, Lynne made a motion to adjourn.  Clifton seconded.  All approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Jim Harris, Chairman

(ss) Lynne Oharah, Commissioner

(ss) Clifton Beth, Commissioner

ATTEST:

Ashley Shelton, Bourbon County Clerk

January 18, 2022, Approved Date

These minutes were approved on January 11 and posted on the county’s website on Feb. 7

January 4, 2022                                                 Tuesday 9:00 am

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

Susan Bancroft, Ann Dare, Justin Meeks, Jason Silvers, Bill Martin and Bobby Reed.

Clifton made a motion to approve the previous meeting minutes, Jim seconded, all approved.

Clifton made a motion to appoint Jim Harris as Chairman of Commission for year 2022.  Lynne seconded.  All approved.

Eric Bailey reported a couple of permits.  Completion of an entry tube at 727 240th, Oscar Gonzales.  The second is application from Dave’s Towing & Recovery for movement of an oversized load.  Going from 21 Grant to Wall Street east to Locust Road to 2376 Locust Road.  It is a garage.  Waiting for state approval so will be on our road very minimal.  Jim made a motion to approve an application for an oversized load, garage structure, going to 2376 Locust Road.  Clifton seconded.  All approved.

Eric stated that he received information from KDOT on a couple of bridges that they will be replacing.  Scheduled for January of 2023 will be Paint Creek Bridge.  1.58 miles north of Crawford County line which is on Hwy 3 coming out of Hepler.  Owl Creek Bridge is the second one which is 2.14 miles east of K3 junction on Hwy 39 also scheduled for January of 2023.  There is still discussion on closing those highways.  If they do that will put a lot more traffic on Birch Road.  We are in the process of getting that repaired and brought up to standards.

Eric stated compost permits for the landfill.  We submitted plans to KDHE and they have some concerns with storm water runoff, so we are back to those discussions.  We are still work on permits.

Eric stated we are in the process of repairing a couple of bridges.  On 85th north of 54 Hwy bridge deck was damaged.  The second is on 75th and Poplar back to the south.  A hole showed up in the bridge deck.

Eric stated they are preparing for another snow event.  Probably will brine intersections, bridges and hills starting this afternoon and tomorrow.  Right now, they are saying just an inch or less.

Eric gave an update on equipment on Purple Wave.  Sale is January 11th.  Sterling truck tractor is up to $6,200 right now.  The F8000 is up to $1,600.

Eric stated that they are losing signs on Arrowhead, Jayhawk and Yellowstone.  Discussion followed on what could be done to prevent this from continuing.  Eric is going to check into spacing on the signs.

Eric gave an update on windmills.  They are finalizing restoration on our roads.  Eric will be meeting with Jeff Spangler reviewing videos of pre and post and proceed following the road use agreement.  Jim stated that Eric has done a good job in this process.  Eric stated that they have been very good to work with.  I have had some calls on potholes and things like that and I’ve made a phone call and within a day or two they’ve been fixed.

Eric asked Jim about a washout that he mentioned previously.  He said he hadn’t located it.  Jim gave him directions and Eric said he would look again.  Lynne asked if the bridge on 115th was being worked on.  Eric said it was on his radar and would get to it soon.  Eric stated that they are headed to 60th and Grand where it’s undermined back up underneath and got to get it supported so as not to lose decking.

Susan Bancroft stated that she and Bobby had talked this week about all the issues at the jail.  Heating and air needs addressed first.  They had a power surge out there and possibly have some control panels out.  That would be an insurance claim that we could go after.  I have a call into Kevin Ross.  He got back with me yesterday to set up a meeting to talk about some of the other things that are going on.  Susan stated she would recommend that we go ahead and accept the bids that were put out by the sheriff’s department so that we can get moving on this as it is very cold in some of those pods.  Bill stated one unit is completely down and another unit with the same codes so within the next few days or so we’re going to have a second unit down.  Susan stated that since the bids were not opened at the scheduled time, the commissioners could call an emergency and move forward.  Bill had to go to the jail to get the bids and would return to discuss.

Susan stated that there are some concerns at the landfill with employee dumping.  The program was supposed to be for current employees, and we have a lot of retired employees and family members of retired employees so maybe it’s being stretched a little bit.  Because our cash reserves are low Susan made the recommendation to suspend the program for this year.  Maybe get everything back in good working order and then maybe reconsider it next year.  Clifton asked why the program couldn’t be run correctly.  Jim asked what the revenue change would be like.  Eric didn’t have numbers in front of him at that time.  Lynne made a motion that our policy for employees dumping at the landfill is active employees only and only their household and must have a county issued ID.  Clifton seconded.  All approved.

Lora Holdridge gave a yearend report.  She stated they were extremely busy.  We were slightly under $175,000.  The year previous was $155,000.  Jim asked if Ashley and Lora were on the same page for road closures to avoid some of the problems we’ve had in the past.  Lora stated that they are and that she is working with Eric Bailey and Matt Quick to get all the road closings up to date.

Clifton made a motion to amend the agenda and allow Bill to present the bids for the HVAC.  Lynne seconded.  All approved.

Bill presented the bids for HVAC and stated that he did send certified letters requesting bids but only received a couple back. Bill also asked if there was any more information regarding warranties on the HVAC systems following the discussion from the previous meetings. Suan said didn’t not check on the warranty because Mr. French said that the normal commercial standard warranty is only 1 year, so I didn’t go any further than that. She said that she would be glad to discuss the issue with Mr. Ross but at this point it is an emergency and you have to assess the damage and he really doesn’t know what is wrong until he gets in there and gets them apart. Bill also asked that if there is a meeting that himself or a representative from the Sheriff’s office be present since they are in that building and that way there would be no miss communication. Susan said that Ben and Bobby have both already been invited and have been in contact as well as provided a list of items that are outstanding. Clifton opened the bids; the first bid was from Tony French for French Plumbing. The bid stated that due to the original boards being removed and custom ones put in, it will be necessary to put the original back in, wiring harness and all units have had pin connectors cut off and they will have to be replaces. The correct thermostat will also be installed with correct wiring, temp sensor with thermostat will be installed in all secured rooms in accessible locations. No delivery date on boards or wiring harnesses. 10 boards, 10 harness, 10 stats, 7 sensors, wire, labor totals $27,818.36. There is another bid from Mr. French to run conduit drain from units to the gathering on the north end of the building, all materials and labor is $2206.96. Clifton said that the conduit should have been installed at the beginning so that would be his opinion should be on the original contractor. The second bid was provided by CDL, it says replacement of improperly installed rooftop conduit for convenience outlets and exhaust fans powerpoint first included and usb okay. Electric scope for rooftop conduit and wire, removal and replacement supplying convenience outlets and exhaust fans. Electrical scope remove existing conduit wire fittings for rooftop convenience, outlets at rooftop units, remove existing conduit, replace existing conduit, wire fittings for rooftop, replace existing conduit wire fittings, replace existing GFCI receptacles with weather resistant, and add additional durable conduit supports as needed if performance bond is required at two percent, this excludes anything not listed above, cutting patching of roof, conduit circuits for RTUS, any electric work below roof, fire alarm, security, VDV temperature controls, prevailing weights, and sales tax. The base bid price is $21,523. Clifton stated that in his opinion the bids are not even for the same thing. Clifton said the bid from Mr. French is for the HVAC repairs and the CDL bid is to fix the conduit with the electrical wiring. Clifton said that the HVAC needs fixed but the wiring in his opinion whoever build the building screwed up and the county shouldn’t have to pay for that. He said in his opinion it is a warranty issue or we should go after the people who built the building. The HVAC needs repaired and looks like French was the only one that bid that. There was further discussion regarding issues with the building who should pay for the repairs. Susan said that she did find communication from the previous board where it was accepted as it was after it was fixed the last time, so your kind of starting over. Had that communication not been there, some more conversations with them may have been possible. Susan asked for permission to discuss with Mr. Ross, Justin Meeks, a commissioner, as well as a representative from the Sheriff’s Dept. Clifton volunteered and sooner rather than later or we will proceed with lawsuits. Justin said the word emergency is very important. Bob said that it was working ok but Mr. French thinks it could be due to a power surge that happened several months ago. After more discussion Clifton made a motion to accept the bid from French Plumbing for the bid to fix the HVAC unit, adding that this is an emergency repair, Lynne seconded, all approved. Bobby said that there are 10 units and 1 is down and 1 has an error so it is not comfortable in there. Susan said that she will get a meeting set up with the contractor.

Lynne said that he typed a modified 30×30 resolution for review. Clifton said that he feels there is some strong language that in his opinion says that Sherrif Matin would not be able to do his job on private property. Lynne said that he used the words arbitrarily and legal to take care of that. There was discussion regarding the draft of the resolution. There are changes to be make and brought back to the next meeting.

Ashley Shelton presented the 2022 resolutions that need to adopt for the year. The 1st resolution is for the holidays, Juneteenth was discussed but the commissioners decided not to add that as a paid holiday for the county at this time since Good Friday is given as a paid holiday. Jim made a motion to adopt resolution 01-22 with regards to the holidays and closed days for Bourbon County Employes including Landfill employees for 2022, Clifton seconded, all approved. The next resolution presented is a resolution concerning the waiver of generally accepted accounting principles. Jim made a motion to adopt resolution 02-22 for Bourbon County Kansas, a resolution concerning the waiver of general accepted accounting principles for the year 2022, Clifton second, all approved. The next resolution is for reimbursement of travel expenses, this one did change this a little bit because we do follow the IRS Standards for the mileage rate and they change mid-year, we do a resolution in January so instead of putting a specific mileage on there, it was changed to state that we would follow the rate set by the IRS and so that way this one won’t have to be redone year after year. Jim made a motion to adopt resolution 03-22 for Bourbon County Kansas reimbursement for travel expenses for Bourbon County employees and we shall follow the standard mileage rate set by the IRS, Lynne second, all approved. Next is a resolution to designate

depositories and official publication carrier, we have City State Bank, UMB, Union State Bank, Liberty Savings and Loan, Landmark National Bank and Citizens Bank, Landmark National Bank is the active account carrier and Fort Scott Tribune is the official county newspaper. Jim made a motion to adopt resolution 04-22 for Bourbon County Kansas a resolution to designate depository as an official public carrier in compliance with KSA 9-1401 with the following banks City State Bank, UMB, Union State Bank, Liberty Savings and Loan, Landmark National Bank and Citizen Bank and also the newspaper carrier will be Fort Scott Tribune, Clifton seconded, all approved. In the past there has been a resolution appointing a public health officer, there was discussion, and it was decided to wait and gather more info before proceeding. The last thing is an organization resolution and agreement for the credit card program. I would like to add myself to replace Kendall and then I would also like to add Courtney Goucher, Personnel Director because she does accounts

payable she would need access to that if there’s any problems with payments cards not working if I wasn’t here, Patty Loves since she is our County Treasurer and Susan Bancroft, Finance Director. If you are all okay with that, I just need the chairman to sign and then I will have to get signatures of everyone that we’re going to add, and they said once it is submitted then we should have access within 24 hours. the commissioners agreed to add additional personnel that will allow them to have communication with a credit card company that we can do business with, adding Courtney Goucher, Patty Love, Susan Bancroft and of course the County Clerk Ashley Shelton, Jim signed the forms.

Ashley presented a policy issue, there is an employee that is moving from a salary position to an hourly position. This employee has been with bourbon County for 6 years so the vacation time will be added up front based on would be uploaded or not and if so, how much. There was discussion. Clifton made a motion to go into executive session under KSA 75-4319(b)(1) to discuss personal matters of individual nonelected personnel to protective their privacy dealing with some job function changes, it will include the three commissioners, Susan Bancroft, Justin Meeks and Ashley and will be for 15 minutes. Bill Martin asked that a department head or supervisor of the employee also be included. Clifton added to the motion to include Bobby Reed as well they will return at 10:29 am, Lynne seconded, all approved.

Clifton made a motion to resume normal session at 10:29 am with no action, Jim seconded, all approved.

Jim said they will address it at the next meeting and asked if Booby could be at the next meeting as well.

Clifton made a motion to go into an executive session under KSA 75-4319(b)(1) to discuss personal matters of individual non-elected personnel to protect their privacy related to job functions, duties, and performance it will be for 20 minutes and will include the 3 commissioner and Justin Meeks returning at 10:51 am, Lynne seconded and all approved.

Clifton made a motion to return to normal session at 10:51 am, Lynne seconded, all approved.

Justin asked the commissioners to approve the bourbon county council employment agreement. Basically, it is staying at the same rate, there will be a reduction in pay based off new employment people that are here we have a new, economic development director and a new business director. He said that he only plans to work 15 hours a week at $75 an hour so it’s $58,500 and would like to be paid monthly. Obviously, the tax sale issues that we’ve had in the past with regards to getting some support there, I would like you to approve my invoice on that as well which has been improved the last two years. Clifton made a motion to approve the contract with county councilor Meeks, it’s for one year as well as the tax sale invoice, Lynne seconded, all approved.

Justin said that he would like to be a part of the committee with regards to some policy changes that we can have in the future concerning some employees that are an administrative level, obviously we need to get some hopefully some contracts written up for certain employees and he will start working on those to submit to Susan for review, he wants to make sure he gets direction from the commissioners at least to prepare those contracts for review. Clifton said that doesn’t need a motion because that is part of his job.

Susan said that she had been asked by Mr. Harris for a for a report of what has been spent to date of APRA Funding. That’s what you have before you, as of today your balance in the fund is $564,000 however, we’ve obligated more than that so the balance would be around $293,000 that we’ve got unobligated and below that we’ve had two additional requests, one from rural water district #4 and one from mental health. Just kind of wanted to give an idea of where we were as of today and what we’ve what obligations we’ve already made. Clifton asked if she know when we will receive the 1.4 million again. Susan said she would check on it but last year it was around July. Jim asked if that would carry over. Susan said yes, they will have until 2025 to spend the funds so there is no rush. Susan said that her and Justin are going to work on an agreement with Rural Water District #2 before they release any funds.

Clifton made a motion to add Elected Officials’ Comments to the agenda after public comment and before commissioner comment, Lynne seconded, all approved.

Bill Martin said that it is 2022 and with a new year comes new year’s comes new grants that will start opening and so he will be applying, reviewing, and applying for any and all type of grants that are out there that will assist the sheriff’s office in regard to the operation of the sheriff’s office. Bill said that if you happen to get a an email or something that requests that you set up an account, he asks that you review that and if you have any questions whatsoever in regard to a grant, please reach out and he will be more happy to answer any and all questions that you have and if he doesn’t have those answer he will know who to turn to in regards to those answers to those questions. Bill also announced that unofficially he has been given notice that they have been awarded or another grant for equipment. He said that he will not explain what that equipment is at this present time because they are requesting additional information, so he has to do some more research and digging and provide those answers that they’re requesting. Bill also asked if there is a new wage and salary resolution to pay for all employees and when will that be made public.

Susan said that they are going to work on putting some wage band together and a low and a high end and then a person could be moved anywhere in that band and not everyone would have to be the same as long as the department says within their budget. Susan said that is a project to be worked on and brought back to the commission for approval. Bill said that he has some ideas for the wage bands and would like to be part of that process of creating that.

Jim asked Susan id she is comfortable with how things are going to move forward working with the treasure to avoid violations this year. Susan said that there are a few questions that she has for Terry based on the distribution. She said she did talk to Patty last night and she had made that additional distribution so some of our funds are running in the negative, so she that’s a concern, she thinks she needs to check and see if that’s a violation, that would be the only one that she can foresee at this point. She said that they worked on an issue together last night until about 7:30 pm, we had some CIC issues but she thinks they’re working through that today and that will get us balanced through October and then Rhonda was going to work on November and December today and so we’re really close to getting the books reconciled. She said that she feels pretty comfortable, she went from January till October, and they came up with the same information and so she feels like they are working well together.

Lynne asked if they are getting closer to resolving all these issues with CIC, it seems like we are running into an awful lot of them? Susan said that they sent it to programing and they will have to determine if it was a human error or a programing error on CIC’s part.

Jim said that again he wanted to say thank you for letting him be the chairman, they as a team we will do this, and I want to thank everyone that

supported the commission last year, he thinks they are working well with a lot of good people so thank you and he welcomes opportunity to be the chairperson but it’s only as a team member and he emphasizes that one, we voted on it, so I want to move forward so the general public knows we’re a team.

At 11:03 am, Clifton made a motion to adjourn, Lynne seconded, all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Jim Harris Chairman

(ss) Lynne Oharah, Commissioner

(ss) Clifton Beth, Commissioner

ATTEST:

Ashley Shelton, Bourbon County Clerk

January 11, 2022, Approved Date

These minutes were approved on Jan. 4 and posted on Feb. 7 to the county’s website.

December 28, 2021                              Tuesday 9:00 am

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

Susan Bancroft, Eric Bailey, Justin Meeks, and Jason Silvers was also present.

Clifton made a motion to approve the previous meetings minutes, Jim seconded, all approved.

Eric Bailey presented a permit for Gail George for entrances are several locations.

Jim made a motion to approve the permit for Gail George for multiple entrances. Clifton seconded. All approved

Clifton made a motion to open a budget hearing for a budget amendment. Jim seconded. All approved.

Susan Bancroft advised that they will need to do a budget amendment for Road and Bridge Fund, Road and Bridge Sales Tax Fund, Landfill Fund, and Sewer District #1. This is to accommodate the revenue that has come in, we are increasing our budget authority. It is just a formality. Jim asked when they might know what the carryover will be. Susan responded that she is close and hopefully by next week she will have a pretty good idea of what the carryover will be. Jim asked Susan is she knew how much money would be transferred back to Road and Bridge from the Windmill. Susan said that it was $407,000 and it would go into its own fund and so will the expenses and that has all been accommodated for. Jim asked Susan if she would want to guess how that happened. Susan stated that she felt that it was just a communication error and felt good about how the issue was fixed.

Clifton made a motion to close the budget amendment hearing. Jim seconded. All approved.

Clifton made a motion to approve the budget amendments proposed by Susan. Jim seconded. All approved.

Lynne stated that they have to do budget amendments every year so that there are not budget violations.

At 9:03 am Clifton made a motion to go into executive session under KSA

75-4319(b)(6) for the preliminary discussion of the acquisition of real property and will include the 3 commissioners, Susan Bancroft, Eric Bailey, and Justin Meeks. The session will last 10 minutes and they will return at 9:13 am. Jim seconded. All approved

Clifton made a motion to resume normal session at 9:13 am with no action. Jim seconded. All approved.

Clifton made a motion to amend the agenda to move the executive session regarding personnel matter ahead of the executive session with Bourbon County REDI. Jim seconded. All approved.

At 9:16 am Clifton made a motion to go into executive session under KSA

75-4319(b)(1) to discuss personnel matters of individual non-elected personnel to protect their privacy and will include the 3 commissioners, Susan Bancroft, and Justin Meeks. The session will last 10 minutes and they will return at 9:26 am. Jim seconded. All approved

Clifton made a motion to resume normal session at 9:26 am with no action. Jim seconded. All approved.

Clifton made a motion to amend the agenda to move cereal malt beverage licenses ahead of the executive session with Bourbon County REDI. Jim seconded. All approved.

Ashley presented 2 cereal malt beverages licenses for Sugar Valley Lakes one on premises and one for off premises. Jim made a motion to approve the licenses for Sugar Valley Lakes. Clifton seconded. All approved.

At 9:03 am Clifton made a motion to go into executive session with Bourbon County REDI under KSA 75-4319(b)(4) to discuss data relating to financial affairs or trade secrets of corporations, partnerships, trusts and individual proprietorships. The session will include the 3 commissioners, Susan Bancroft, and Justin Meeks. The session will be on the second floor of Landmark Bank at 200 S Main and will begin at 9:30 am and last 1 hour ending at 10:30 am.

Jim made a motion to resume normal session at 10:30 am. Clifton seconded. All approved.

At 10:30 am, Jim made a motion to adjourn.  Clifton seconded.  All approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Lynne Oharah, Chairman

(ss) Jim Harris, Commissioner

(ss) Clifton Beth, Commissioner

ATTEST:

Ashley Shelton, Bourbon County Clerk

January 4, 2022, Approved Date

These minutes were approved on Dec. 28, 2021 and posted on the county’s website on Feb. 7, 2022

December 21, 2021                              Tuesday 9:00 am

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

Ann Dare, Clint Walker and Rob Harrington were also present.

Clifton made a motion to approve the previous meetings minutes, Jim seconded, all approved.

Justin Meeks presented an agreement between KDOT and Bourbon County to fix a bridge.  The funding mechanism on this agreement is good for the county.  There are some expectations that KDOT has for the county, but I think they are easy to get to.  The bridge is located at 160^th & Fern, south of Fern about ¼ of a mile.  Jim made a motion that we enter agreement with KDOT also the Secretary of Transportation on project # 6C-5152-01 STP-C515(201) for bridge replacement at 160^th & Fern.  Clifton seconded.  All approved.

Dustin Hall reported they have been cleaning up trees from the wind storm last week.  We closed the road on Jayhawk from 8am – 2pm yesterday afternoon working with BNSF.  They are to help us with the project on 230^th.  A railroad crossing there needs a tube extended.  We opened the bridge up on Wagon Road just west of 205^th last Thursday.  We also opened up the bridge on Eagle Rd east of 120^th.  We are blasting today between 11am – 1pm at Thomas Quarry.  Also we are going to open the landfill up till noon on December 31^st.  Jeff Spanger with the windmill company, is opening an office in the O&M building within the next couple of weeks.  The buildings at the corner of 3 Highway will be taken out but he will still be available.  Lynne stated that on 35^th between 35^th & 65 Hwy there is a tree that needs to be cut up.  Also the corner of 95^th & Unity there is a hole in a culvert.  Dustin stated they would get that taken care of.  Jim asked Dustin to tell whoever did the patch on 230^th that they did a good job.  Clifton stated that at Soldier & 215^th there is a bale of hay plugging a culvert.

Clifton made a motion to amend the agenda removing the executive session for discussion of the acquisition of real property.  Jim seconded.  All approved.

Clifton made a motion to amend the agenda to add an executive session KSA 75-4319(b)(1) to discuss personnel matters of individual nonelected personnel to protect their privacy.  Jim seconded.  All approved.

Clifton made a motion to go into executive session KSA 75-4319(b)(1) to discuss personnel matters of individual nonelected personnel to protect their privacy to discuss two nonelected personnel, their job functions, job duties including 3 commissioners, Justin Meeks and Shane Walker for 10 minutes returning at 9:20am.  Jim seconded.  All approved.  Clifton made a motion to return to normal session at 9:20am with action.  Jim seconded.  All approved.  Jim made a motion to enter an agreement with the City of Fort Scott for IT services and need approval.  Clifton seconded.  All approved.  Lynne Oharah signed the agreement.

Clifton made a motion for executive session KSA 75-4319(b)(1) to discuss personnel matters of individual nonelected personnel to protect their privacy dealing with a retirement and action concerning a budget issue based on job performance including 3 commissioners, Justin Meeks and Rob Harrington for 15 minutes returning at 9:37am.  Jim seconded.  All approved.  Clifton made a motion to return to normal session at 9:37am.  No action.  Jim seconded.  All approved.  Justin commented that Joyce Sinn, who helped us during the Covid crisis, has officially announced her retirement from the county.  All stated that she will be missed.

Justin stated that he has a resolution, that will need a resolution number, regarding the opioid litigation that was started many moons ago.  There is a settlement participation form.  Also, a release with the AG’s office and resolution authorization form that I need approved today.  We are getting close to a settlement.  Derek Schmidt’s office is taking over the litigation.  Clifton made a motion to allow Lynne Oharah to sign the settlement participation form.  Jim seconded.  All approved.  Clifton made a motion to allow Lynne Oharah to sign the KS Opioids Memorandum of Understanding between The Attorney General, the League of KS Municipalities and Kansas Association of Counties.  This form outlines the distribution, if any.  Jim seconded.  All approved.  Clifton made a motion to allow Lynne Oharah to sign the agreement to Release and Assign Claims between Bourbon County and Derek Schmidt.  Jim seconded.  All approved.  Clifton made a motion to accept the resolution of Bourbon County to join the statewide litigation regarding the opioid epidemic be adopted this 21^st day of December 2021.  Jim seconded.  All approved.

Justin updated on the tax sale and contract with Noble.  He hopes to have a draft of the contract for the commissioners to review after the first of the year.  As of this date, the special assessments haven’t been waived.  Some of the opening bids may be shocking but can’t go lower than that.  If land doesn’t go in the sale they will revert to the landbank.  Lynne stated that Matt Quick was on the radio this morning and did reiterate that there is an NRP program.

Anne asked for an update on the SRO situation.  Jim stated that they are still in early discussions.

At 10:00am, Jim made a motion to adjourn.  Clifton seconded.  All approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Lynne Oharah, Chairman

(ss) Jim Harris, Commissioner

(ss) Clifton Beth, Commissioner

ATTEST:

Ashley Shelton, Bourbon County Deputy Clerk

December 28, 2021, Approved Date

These minutes were approved on Dec. 21, 2021 and posted on the county’s website on Feb. 7, 2022.

December 14, 2021                              Tuesday at 9 am

The Bourbon County Commission met in open session with Lynne, Jim, Clifton, the County Counselor and the County Clerk.

Also present for the meeting were, (some were present for a portion of the meeting, some were present for the entire meeting) Clint Walker

Clifton made a motion to approve the minutes from December 7, 2021. Jim seconded. All approved.

Eric presented a permit for Oscar and Mary Gonzales at 727 240^th.  Jim made a motion to approve a culvert at 727 240^th Street.  Clifton seconded.  All approved.

Eric stated the last week of July he asked commissioners to lower speed limit to 35 mph on 130^th from Arrowhead to 39 and then on Cavalry from 7 to 130^th for the construction of the bridge.  We talked of revisiting the speed limit when bridge work was done.  It is now complete.  Clifton made a motion to remove the 35 mph signs and replace with the original speed limit.  Jim seconded.  All approved.

Landfill compost permit process is nearly finished.  We started on the pad for the compost this week.  Should have all paperwork in place by the end of the year.

Kansas Dept of Agriculture needs a little more information, detailed plans, for Elm Creek.  He will try to finalize that by the end of the year.  Once we have all permits we’ll get Wildlife & Parks to see about draining to get the level down.  We will be doing a lot of the work ourselves and try to meet the match of the grant.

Local roads safety program grant plan.  We sent in our match of the money so they should be getting started on it soon.

Thomas quarry will be tentative to do a blast next Tuesday.  Removed overburden to do this blast.  They are drilling today in preparation.

Had several holes show up on a bridge on Wagon Rd west of 205^th.  We removed the bridge decking.  Hoping by the end of the week to have it opened back up.  Eagle Rd east of 130^th we got filled in underneath the bridge.  Should have that bridge back up and running soon.

Windmills are still reclaiming intersections.  They have done a good job in keeping the roads in good shape.

Lynne reported a resident on Soldier Rd, east of 62^nd, asked that a whistle be cleaned out so that the landowner can mow the ditch.

Jim requested to have the roadwork session as early as possible next year.  Two areas need ditched and if we have a dry spring that would allow you to get started early.  Also, Jim said he would like for Eric to discuss with them any equipment purchases he is planning.  Eric stated he is planning to look at getting a truck but with the price of used trucks being so high he is thinking we may want to look at new.  He said that the wait is about a year for a new one.  Jim suggested he check with Lester from Anderson County as he relayed to Jim that they were going in another direction and that might help Eric.  Jim suggested they think about buying a crusher.

Eric mentioned that the Purple Wave sale ends on January 11, 2021.

Lynne requested that Rob Harrington be appointed as representative for Bourbon County to the SE Kansas Regional Planning Committee.  Jim made a motion to appoint Rob Harrington as representative of Bourbon County to the SE Kansas Regional Planning Commission.  Clifton seconded.  All approved.

Ashley Shelton stated that the employees that have been here two full years will have to have all of their vacation used by December 31^st.  The problem we run into is they accrue a day of vacation on the second pay in December and they have to have it used by the end of the year.  If you have very many new employees in one department it’s difficult for everyone to get that day in.  Ashley recommended that there be an extension to give employees time to get that day of vacation in.  Clifton made a motion regarding the accrued day on the second pay in December could be carried over in 2022 but has to be used by April 1, 2022.  Jim seconded.  All approved.  Clifton made a suggestion, that now that Susan Bancroft is with us, to look at accrual rates and HR as a whole and make changes to the pay and vacation policies.  Susan stated that she would like to set up an employee counsel that pulls in all these different facets of Bourbon County and talk through what the issues have been in the past and how do we move forward.

Ashley also asked about the covid sick time that is still out there.  It was a one-time thing and the county commission voted to extend but there was no end date put on that.  If someone used it then it is no longer available to them.  Clifton made a motion that the covid time be ended on December 31^st.  Jim seconded.  All approved.  Clifton made a motion to allow Susan to form an employee committee to discuss benefits package, handbook and employee related information.  Jim seconded.  All approved.

Ashley stated that mowing/snow removal bids were to be opened at 9:30am.  A bid from G & G mowing in Schell City, MO was $575.00 per cut for a total of $15,525.00 for the year including picking up trash, edge all curbing, weed eat, blow off clippings.  They have $2,000,000.00 liability insurance. The bid is for mowing only.  They did not submit for snow removal.  The second bid was from Randy Phillips Lawn Care from Fort Scott, KS.  Lawn service per service $600.00.  Randy Phillips Lawn Care also gave a bid for snow removal of $700.00 per incident.  Jim made a motion to table the bids for two weeks.  Clifton seconded.  All approved.

Justin requested executive session for 20 minutes.  Clifton made a motion for executive session 75-4319(b)(1) To discuss personal matters of an individual nonelected personnel to protect their privacy including three commissioners, Justin Meeks, Susan Bancroft and Rob Harrington for 15 minutes returning at 9:47am.  Jim seconded.  All approved.  Clifton made a motion to return to normal session.  No action.  Jim seconded.  All approved.

Clifton made a motion for executive session 75-4319(b)(1) To discuss personal matters of an individual nonelected personnel to protect their privacy including 3 commissioners, Susan Bancroft, Justin Meeks and Rob Harrington for 15 minutes returning at 10:02am.  Jim seconded.  All approved.  Clifton made a motion to return to normal session.  Jim seconded.  All approved.  No action.

Clifton made a motion for executive session 75-4319(b)(2) For consultation with an attorney for the public body or agency which would be deemed privileged in the attorney-client relationship for 15 minutes returning at 10:23am including 3 commissioners and Justin Meeks..  Jim seconded.  All approved.  Clifton made a motion to return to normal session.  Jim seconded.  All approved.  With Action.  Clifton made a motion to allow Justin Meeks to work with Noble Health on the lease contracts and possible assumption of the building and the contract relating to that assumption.  Jim seconded.  All approved.

Justin gave an update on the tax sale.  There are 79 parcels.  There are another 108 parcels for the next sale.  January 13, 2022 is the date of the scheduled tax sale at the Courthouse in the Main Lobby area.  Parcels that don’t sell will go to the landbank.

Susan stated that she needed to request a special meeting on December 28^th.  We need to amend the budget.  The funds affected are Road and Bridge Fund, Road and Bridge Sales Tax Fund, Landfill and Sewer District #1.  The Jayhawk Wind Generation money was put into the Road and Bridge fund which made it appear that they had more money than they did.  They were making decisions based off of that.  Luckily, sales tax is up and we have the money to cover the expenses.  That is no fault of Public Works.  We will make adjustments at the end of the year.  We’ll move the Jayhawk Wind money out of there.

Susan stated that we will do a press release dependent on the decision that the commission makes.  The most recent tax statements that went out had a clerical error on them.  Municipalities set their levy and send that information to the clerk.  The clerk enters the information into what is called an abstract.  During that time that she is working on all that information Matt is doing stuff in his office with mortgages, etc.  Then there are errors that they work through and it could be a month’s time.  With the new Revenue Neutral Rate timeframe they basically lost 30 days of work time because it pushed everybody’s dates back.  Budgets used to be due August 25^th and they are now due August 1^st if you are exceeding the Revenue Neutral Rate.  The clerk really can’t start until after October 1^st.  We have to get information to the printers.  Patty always sets that up.  We had a place held for November 15^th but with the election and everything going on we didn’t meet that deadline.  We got it to them by the 15^th but we lost our place in line.  Tax statements were printed a little bit later than normal.  It’s a perfect storm in all of this.  By the time Ashley got information from the state it was December 6^th.  We had to go ahead and print tax statements.  At that point we realized there was an error and so with the error anybody within the USD 234 Recreation Levy.  The levy was entered incorrectly.  They had levied 2.6 mils and the levy that was entered was 4.4 mils.  We’ve talked to people at the state, people at the software company and you as a commission have two options.  We can go ahead and levy at the higher rate and those tax dollars will sit until the next fiscal year.  So in 2023 when we do levies basically your levy will drop by the amount of tax that has already been collected.  The second option would be to collect the tax and then do a refund in January which would be very time consuming because it is probably the biggest taxing entity in Bourbon County.  The cost of getting out new statements, the cost of running checks to refund people would be an additional cost.  For someone that has a $50,000.00 home they would pay $10.00 more this year and then the next year they would see a reduction of $10.00.  For someone with a $150,000.00 home they would pay $31.00.  Of course, commercial properties will be hit a little bit harder because they are at a higher percentage.  Clifton stated that it is partly due to the unrealistic timeframe set by the state.  Susan stated that the software doesn’t have any type of warning of a jump in mils.  It leaves room for human error.  Ashley stated that she talked with the software company and in the future there is a way to print a report and can be reviewed by more than one set of eyes.  This information was not known to her prior to the error but has now put this in place to keep this from happening in the future.  Clifton wants to point out that 30 days loss was due to the State of Kansas.  Clifton feels that the Revenue Neutral Rate has been very confusing to everyone.  Susan stated that next year the budget would have to be ready by June 1^st.  You have to do projections 6 months ahead of what could potentially happen.  Clifton made a motion to continue with the recreation levy as it is.  Jim seconded.  All approved.  Susan stated that this will be a violation in our audit and it will be on the county as it was a county error.  Clifton wanted to reiterate that this process has been challenging and people need to reach out to their state representatives and let them know that this process is confusing.

Clifton made a motion for executive session KSA 75-4319(b)(6) For the preliminary discussion of the acquisition of real property with the session including three commissioners, Susan Bancroft, Eric Bailey and Justin Meeks returning at 10:57am.  Jim seconded.  All approved.  Clifton made a motion to resume normal session at 10:57am.  No action.  Jim seconded.  All approved.

A gentleman stated that he lives in Northwest Bourbon County on 3 Highway and own some property from 65 and 3 junction.  The road is in terrible shape.  The commissioners referred him to Eric Bailey who took the gentleman to look at a map and figure out a plan to help.

Clint Walker stated that he was pleasantly surprised that this commission has not been inundated with requests for covid money.  Other counties in the area have.

Lynne made comment that there is a benefit this Friday evening for the Nelson Blythe family and encouraged all to attend.  Jim made a motion to let the public know that all three commissioners may attend the Blythe benefit this Friday at the Liberty Theatre from 6pm – 9pm but no business will be conducted.  Clifton seconded.  All approved.

A gentleman stepped up and stated that a ditch at 1384 Wagon Road needs to be dug out.  Lynne stated he would let Eric know.

Clifton made a motion to go into executive session KSA 75-4319(b)(4) To discuss data relating to financial affairs or trade secrets of corporations, partnerships, trust and individual proprietorships with the session including 3 commissioners, Susan Bancroft and Justin Meeks, City commissioners and Noble Health representative at 12 noon at 200 S Main, Suite 2 for 30 minutes.  Jim seconded.  All approved.  Clifton made a motion to return to normal session at 12:30pm.  No action.  Jim seconded.  All approved.  Clifton made a motion to go back into executive session KSA 75-4319(b)(4) To discuss data relating to financial affairs or trade secrets of corporations, partnerships, trust and individual proprietorships for 29 minutes resuming normal session at 1:00pm.  Jim seconded.  All approved.  Clifton made a motion to return to normal session at 1:00pm.  Jim seconded.  All approved.

Clifton made a motion to adjourn the meeting.  Jim seconded.  All approved.

Meeting adjourned at 1:01pm.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Lynne Oharah, Chairman

(ss) Jim Harris, Commissioner

(ss) Clifton Beth Commissioner

ATTEST:

Ashley Shelton, Bourbon County Clerk

December 21, 2021, Approved Date