September 30, 2024 Monday, 5:30 p.m.
The Board of Bourbon County Commissioners met in open session with all three Commissioners and the County Clerk present.
Mike Wunderly, Clint Walker, Rachel Walker, Kyle Parks, Sheena Parks, Monte Carriker, Pete Owenby, Leroy Kruger, Samuel Tran, Kay Tran, Tim Emerson, Anne Dare, Brad K. Blythe, Mary Pemberton, Vance Eden, Jason Silvers, Deb Martin, Brent M. Smith, Bobby Bobzien, Kaety Bowers, and Dave Bowers were present for some or all of the meeting.
Jim opened the meeting with the flag salute.
Clifton made a motion to approve the consent agenda which includes approval of minutes from 9/16/2024 approval of accounts payable totaling $386,598.32, and payroll totaling $300,038.70. Brandon seconded the motion and all approved.
TJ Denning, COO of Kansas Renewal Institute, stated he was present to answer any questions the Commissioners have and to tell them the position KRI is in with trying to get the ER open. Mr. Denning said he has had no update on the equipment donated to Bourbon County, that there is a list of equipment that isn’t there, and a list of things that have to be fixed in order for Freeman to come in. Clifton said he talked to Freeman this morning. Jim said the County Counselor told him that they think a lot of things were resolved this morning but they can’t talk about it publicly just yet. Mr. Denning stated he needed to be in the loop on that as he is doing the licensure process and signing contracts for service agreements. Mr. Denning questioned where they are on the building stating they are ready to take ownership and that he knows the tax abatement came through from the state for Legacy but he hasn’t heard anything back. Mr. Denning said he needs some answers to be able to carry on with their business and to make things happen. Mr. Denning stated they have invested a ton of money into the facility and are constantly going through inspections for CMS and the fire marshal for a building that isn’t in their name yet. Jim said it is possible that one of the Commissioners can have some discussion with Legacy and go forward and get him some formation. Mr. Denning stated that would be great and asked what he can do to help as he has come in and tried to build partnerships and be an open book. Mr. Denning said he is from Nevada, MO and is very passionate about rural communities and helping communities out. Mr. Denning said he needs this information to make sure they are established and here for a long time to help. Jim said he will work hard to get the information that Mr. Denning needs and thanked him personally as a citizen as well as a Commissioner for what he has done for us here in Bourbon County. Brandon asked how soon we can get Mr. Denning the information he needs. Jim appointed Clifton to talk to Legacy right away and get Mr. Denning information. Mr. Denning asked how soon he can get the information as he has to have the drawings between Freeman and himself signed and sent into CMS by the end of this week. Clifton said he doesn’t have a problem reaching out to them but they are a private company. Jim said he wants them to be successful and they will try to help them out.
Clifton made a motion to amend the agenda to move Samuel Tran before the PVD conference call. Brandon seconded the motion and all approved.
Samuel Tran said about a month ago he came in and voiced his concerns regarding solar in Bourbon County. Mr. Tran said he voted no on the setbacks as a committee member and thought the vote was premature and they needed additional information in order to make an objective decision. Mr. Tran stated he is for setbacks but feels 50 feet is not enough especially if it is close to anything storing flammable agriculture products. Mr. Tran said he has found during his research that when there is a battery energy storage system fire that the fire departments evacuate residents up to ½ mile away due to the hazardous gas and potential toxins. Mr. Tran said he is concerned there would be the introduction of water contamination from the fire extinguishing process into our streams, rivers, ponds, and watersheds and therefore it is his recommendation to the Commission to implement a 500-foot setback from all residential sites, outbuildings, streams, rivers, ponds, and watersheds until the solar companies can present a comprehensive plan to mitigate fire and prevent contaminated water from entering out water system. Mr. Tran said he believes that need for zoning or special use permits is clear. Mr. Tran said many believe that zoning would be an infringement on property rights and that these measures would protect all property owners and put them all on the same footing. Mr. Tran said he feels that the tax dollar numbers of 94 million in property tax payment sounds very enticing but he feels it is merely corporate gaslighting numbers regaled for the benefit of the uninformed to sway public sentiment while the true nature of the message was to affect the success of a new generation. Mr. Tran said during his research he found 100 companies that went bankrupt in 2023 and stated these are not the companies who built the projects but the ones who bought the contract and who would be responsible for paying the taxes. Mr. Tran urged residents to become informed regardless of how you feel about solar and to ask questions, look information up, educate yourself and become engaged to get the word out because you can make a difference. Mr. Tran asked how much money the county received from the windmill project each year and how much of that money went to the school districts? Jim said it is close to $399,000 a year and that roughly half went to salaries and the other half went to lower property taxes. Mr. Tran asked if either school district has received money from them and Jim said no but they are hopefully changing that because he believes they should get some money.
At 5:45 Mike Dallman, Property Manager for the Property Valuation Division of the Kansas Department of Revenue, called in to go over the compliance report for Bourbon County. Mr. Dallman said that we are not in compliance this year as our residential properties are not where they are supposed to be. Mr. Dallman stated the reason for the call is by statute he must talk to the Board of County Commissioners of any county not in compliance. Mr. Dallman went over the scorecard and stated there were 10 counties out of compliance this year. Mr. Dallman said the residential market has increased dramatically since COVID and that some counties have raised 20-30% to get their properties where they should be. Matt Quick, County Appraiser, said he does not want to raise the property values like that and that once you get behind it is hard to get caught up.
Eric Bailey, Public Works Director, presented a utility permit for a company putting in a call tower at 205th Street and Osage Road. Jim asked if the roads in question were gravel and Eric stated the are. Clifton made a motion to sign the permit for Kevin Sargent of ADB Companies on behalf of MCI. Brandon seconded the motion and all approved. Brandon asked Eric if the company is going to cut across the road and Eric said they will just be installing in the county right-of-way.
Jennifer Hawkins, County Clerk, asked the Commissioners if they want to hold a meeting on October 14th since the courthouse will be closed in observance of Columbus Day. After discussion it was decided to hold a meeting on October 15th at 9:00. Jennifer said the last day to register to vote or update your voter registration information is October 15th. Jennifer explained that anybody who will turn 18 on or before November 5th can fill out a voter registration card and will be put in an underage status and the system will automatically roll them into active registered status on their birthday. Early voting will begin on October 21st in the Commission room. Early voting hours will be 10/21/24-10/25/24 form 8:30 a.m. -4:30 p.m., from 8:00 a.m. to 12:00 p.m. on 10/26/24, 10/28/24-11/1/24 from 8:30 a.m. – 4:30 p.m., 8:00 a.m. – 12:00 p.m. on 11/2/24, and 8:30 a.m. – 12:00 p.m. on 11/4/24. Regular polling sites will be open from 7:00 a.m. – 7:00 p.m. on 11/5/24.
Clifton made a motion to go into a 7-minute executive session under KSA 75-4319 (b)(1) to discuss personnel matters of individual nonelected personnel to protect their privacy to include the three Commissioners and Eric Bailey and will return at 6:40. Brandon seconded the motion and all approved. Clifton made a motion to resume normal session at 6:40 with no action. Brandon seconded the motion and all approved.
Jim said he received notification from the Thomas family that they want to stop the lease on the Thomas Quarry. Jim said it is a 90-day notification to get the equipment out and that they stated it was not as beneficial as the family thought it would be. Brandon asked what it would do to our public works department and Clifton said it would hurt it. Clifton said we own 300 acres at Elm Creek and if we drill on our own land this could eliminate losing the quarry leases. Eric said that they have lost two good quarries and it would be beneficial to have one the county owned. Eric said he would not know the quality of rock at Elm Creek without drilling but he can do that if the Commissioners want him to. Clifton made a motion to allow Eric to core the property at Elm Creek to see if the rock is good. Brandon seconded the motion and all approved. Brandon said you don’t know until you look at it but that people love that lake and if we mess with it, they will be mad.
Jim said he as heard setbacks of 50 feet to 4600 feet but it is time for the Commission to decide on a number. Jim said they can’t make the solar companies do the setbacks they can only ask. Brandon said he thinks 1800 feet while Clifton suggested 300 feet. Clifton said the solar setback committee recommended 50 feet and that if we ask for something ridiculous, they could end up putting it in at 25 feet. Clifton stated to ask for something reasonable but more than 50 feet. Jim said his job is to represent all property owner rights and he agrees with what Clifton said about asking for a reasonable distance. Jim said that 300 feet is a football field and you won’t see the panels if trees are planted as well. Jim said he feels the company he has talked to would be receptive to a reasonable setback. After discussion it was decided to ask for 400 feet setback from a residence. Clifton made a motion to allow Chairman Harris to visit with NextEra about setbacks and the donation agreement. Brandon seconded the motion and all approved.
Jim asked for a 7-minute executive session regarding nonelected personnel.
Clifton made a motion to go into a 7-minute executive session under KSA 75-4319 (b)(1) to discuss personnel matters of individual nonelected personnel to protect their privacy to include the three Commissioners and will return at 7:09. Brandon seconded the motion and all approved. Clifton made a motion to resume normal session at 7:09 with no action. Brandon seconded the motion and all approved.
Clifton made a motion to amend the agenda to add an executive session. Brandon seconded the motion and all approved.
Clifton made a motion to go into a 3-minute executive session under KSA 75-419 (b)(4) to discuss data relating to financial affairs or trade secrets of corporations, partnerships, trust and individual proprietorships to include all three Commissioners and will return at 7:13. Brandon seconded the motion and all approved. Clifton made a motion to resume normal session at 7:13 with no action. Brandon seconded the motion and all approved.
Brandon asked residents to be patient and stated he thinks we are getting stuff figured out.
Clifton made a motion to adjourn the meeting at 7:14. Brandon seconded the motion and all approved.
THE BOARD OF COMMISSIONERS
OF BOURBON COUNTY, KANSAS
___________________, Chairman
___________________,Commissioner
ATTEST: ___________________,Commissioner
Jennifer Hawkins, Bourbon County Clerk
10-7-2024 Approved Date