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Monthly Archives: April 2020
Governor Laura Kelly extends Stay-At-Home order
As part of her administration’s ongoing response to the COVID-19 pandemic, Governor Laura Kelly today issued Executive Order #20-24, which extends the duration of the state’s Stay-At-Home order established in E.O. #20-16 to expire on midnight May 3.
“Cases of COVID-19 continue to increase and have spread to additional counties in Kansas. Extending the stay-home order will keep Kansans safe as we work to fight this pandemic,” the Governor said. “While we won’t be able to lift all restrictions on mass gatherings overnight, we will continue to develop mitigation efforts so Kansans, their families and businesses can plan for the future.”
The action was taken in collaboration with Governor Mike Parson of Missouri, as well as Kansas City metro leaders. The governor believes a regional approach will reduce confusion and help keep communities safe on both sides of the state line.
Governor Kelly also has been involved in discussion with Colorado Governor Jared Polis as a way to coordinate a plan for Western Kansas.
Between now and May 3, Governor Kelly also will consult with business leaders, health experts, economists and other industry and community leaders to determine the best path forward beyond that point, and re-open the Kansas economy safely and effectively.
The Kelly administration also will be highly focused on expanding testing capacity over the next two weeks so that rapid testing, contact tracing and isolation efforts can be used to prevent community spread and avoid overwhelming local healthcare providers.
Give God His Rightful Place Of Honor by Patty LaRoche
The following is a verbatim Facebook posting by Joe Hanson, although my research did not show the originator of these words:
In three short months, just like He did with the plagues of Egypt, God has taken away everything we worship. God said, “You want to worship athletes, I will shut down the stadiums. You want to worship musicians, I will shut down Civic Centers. You want to worship actors, I will shut down theaters. You want to worship money, I will shut down the economy and collapse the stock market. You don’t want to go to church and worship Me, I will make it where you can’t go to church”
“If my people who are called by my name will humble themselves and pray and seek my face and turn from their wicked ways, then I will hear from heaven and will forgive their sin and will heal their land.”
Maybe we don’t need a vaccine, Maybe we need to take this time of isolation from the distractions of the world and have a personal revival where we focus on the ONLY thing in the world that really matters. Jesus.
I understand the author’s intent, but I have a different take on God using this virus as payback. We are naïve if we deny that in our generation, God has been dismissed, even though His first commandment lets us know that He has no intention of being given a standby role: “Thou shall have no other gods before me.” The real problem is that many Christians have a slew of delights, and Jesus does not top that list.
Yes, God has allowed this pandemic evil, but He did not initiate it or delight in it. He wants us to turn it into good. I am hearing of families who, for the first time in years, are eating together. If you’re like me, your email is filled with clever toilet paper slogans designed to make you laugh and prayer chain opportunities to bring you to your knees.
A group in Kansas City is making yard signs, thanking medical personnel and placing them along the entryways to hospitals, nursing homes and emergency facilities. Some contain scriptures, all to encourage and let these people know they are valued.
My dear friend Lael joined two other South Carolina neighbors on Palm Sunday as they sang together from their back yards and balconies. She admitted they did not sound like the YouTube balcony Italian opera singers, “but we raised our voices and hearts together.”
A relative is making face masks, using the pipe cleaners her neighbor shared with her, and Juliette, a friend from Massachusetts, organized an on-line talent competition as a fun distraction for local children and their families. She recruited judges for four categories (cooking, music, art and entertainment). Granted, her idea was far outside my realm of creativity, but children and parents were blessed because of her giftedness.
In California, the breakfast group of Howard’s, Dave’s buddy, has donated enough money for their favorite diner to supply lunch to the local firehouses and sheriff’s offices for a week. And this past Monday night, Fort Scott High School spring sports’ senior athletes and coaches turned on their stadium lights and stood outside their facilities (six-feet apart) while drivers in vehicles paraded by, honking their horns, as a sign of unity.
I could list many more examples of people turning this horrific evil into good, but the point is this: We can blame God, or we can blame ourselves for turning from Him and choose to be a blessing to others.
You and I both know which will help give God back His rightful place of honor.
USD234 Food Service For the Week of April 20
Bourbon County Commission Minutes of March 31 Special Meeting
March 31, 2020 Tuesday 10:00 am-Special Meeting
The Bourbon County Commissioners met in open session for a special meeting, present by telephone were the Commissioners, Justin Meeks, Shane Walker and Kendell Mason.
Nick made a motion to go into a 30 minute executive session for personnel matters of individual non-elected personnel, Jeff seconded and all approved, (the session included the Commissioners, Justin Meeks, Shane Walker and Kendell Mason). No action was taken.
Jeff made a motion to go into a 30 minute executive session for personnel matters of individual non-elected personnel, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and Shane Walker). After the session, Justin said they were discussing what the Courthouse operations would look like once the Courthouse re-opened.
Jeff made a motion to allow Lynne to have the ability to conduct meetings and do routine operations regarding the COVID-19 for the foreseeable future, Nick seconded, Justin said they are doing this to give Lynne the lead to facilitate issues as they come up, all approved the motion.
Justin Meeks said they hope to have another meeting scheduled by Friday of this week to discuss when to begin bringing employees back to work.
At 11:07, Nick made a motion to adjourn, Jeff seconded and all approved.
THE BOARD OF COMMISSIONERS
OF BOURBON COUNTY, KANSAS
(ss) Lynne Oharah, Chairman
(ss) Jeff Fischer, Commissioner
(ss) Nick Ruhl, Commissioner
ATTEST:
Kendell Mason, Bourbon County Clerk
April 14, 2020, Approved Date
Bourbon County Commission Minutes of Special Meeting of March 22
March 22, 2020 6:30 pm
The Bourbon County Commissioners met via telephone for a special meeting at the Emergency Preparedness Department located at 221 S. Judson, Fort Scott, KS 66701. Present for the meeting via telephone were the Commissioners and Kendell Mason. Shane Walker, William Wallis and Justin Meeks were present at 221 S. Judson.
Lynne made a motion to open the special meeting, Jeff seconded and all approved.
Lynne made a motion to go into a 10 minute executive session for matters relating to the security of a public body or agency, public building or facility or the information system of a public body or agency, if the discussion of such matters at an open meeting would jeopardize the security of such public body, agency, building, facility or information system, Jeff seconded and all approved, (the session included the Commissioners, Shane Walker, William Wallis, Bill Martin, Justin Meeks and Kendell Mason). After the session, Rebecca Johnson with the SEK Multi County Health Department joined the meeting.
William Wallis read the following:
COVID 19 PUBLIC HEALTH EMERGENCY RESOLUTION
WHEREAS, on the 22nd day of March, 2020, the Board of County Commissioners of Bourbon County, Kansas declared there was a state of local public health emergency in Bourbon County, Kansas resulting in potential or occurring Pandemic known as COVID 19, in Bourbon County, Kansas; and
WHEREAS, such conditions endanger the public health, safety and welfare of persons within the borders of Bourbon County, Kansas.
NOW, THEREFORE BE IT RESOLVED, by the Board of County Commissioners of Bourbon County, Kansas:
That the state of local public health emergency in Bourbon County, Kansas declared on the 22nd day of March, 2020, shall continue and remain in effect until 60 days unless terminated earlier.
That the response and recovery aspects of all local disaster plans which are applicable to Bourbon County, Kansas and shall initiate the rendering of aid and assistance there under.
That any rights or powers lawfully exercised or any actions taken pursuant to local disaster emergency plans shall continue and have full force and effect as authorized by law for 60 days unless modified or terminated in the manner prescribed by law.
RESOLVED BY THE BOARD OF COUNTY COMMISSISONERS OF BOURBON COUNTY, KANSAS THIS 22nd, DAY OF March, 2020. Lynne made a motion to approve the COVID 19 Public Health Emergency Resolution, Nick seconded and all approved. Lynne made a motion to give William Wallis (by Proxy) the authority to sign all of the names on the document, Nick seconded and all approved.
Lynne made a motion to add to the 3/23/2020 agenda a 30 minute executive session for non-elected personnel to protect their privacy, Jeff seconded and all approved.
Lynne made a motion that the 3/23/2020 meeting be attended via phone by all, Jeff seconded and all approved. Lynne made a motion that none of the public attend the meeting, the meeting will be posted live on Facebook, Nick seconded and all approved.
Justin stated that at this time the Health Department is in charge of making any declarations.
At 7:00 pm, Lynne made a motion to adjourn, Nick seconded and all approved.
THE BOARD OF COMMISSIONERS
OF BOURBON COUNTY, KANSAS
(ss) Lynne Oharah, Chairman
(ss) Jeff Fischer, Commissioner
(ss) Nick Ruhl, Commissioner
ATTEST:
Kendell Mason, Bourbon County Clerk
April 14, 2020, Approved Date
Bourbon County Commission Minutes of Special Meeting of March 24
March 24, 2020 Tuesday 11:00 am – Special Meeting-Coronavirus
The Bourbon County Commission met in open session for a special meeting (via a video meeting), the Commissioners, Justin Meeks, Shane Walker and Kendell Mason were present for the meeting.
Justin Meeks stated that Bourbon County has no authority on decisions regarding what is considered essential or non-essential business. He said the SEK Multi County Health Department is making decisions in regards to those orders. If anyone has questions regarding this they should contact the SEK Multi County Health Department at (620)223-4464.
Nick made a motion to go into a 15 minute executive session for personnel matters of individual non-elected personnel, Jeff seconded and all approved, (the session included the Commissioners, Justin Meeks and Kendell Mason). After the session, Lynne stated that Bourbon County is in the process of working through issues at the Courthouse to help contain the Coronavirus. They are getting necessary work done to the Courthouse so that there will be limited contact with employees once the Courthouse opens back up to the public. They will be changing access points to protect both the employees and the public.
Lynne said in 2013 the Courthouse was closed due to a snow storm, at that time any hourly employee that was required to work during the snow storm was paid double time for worked hours; Lynne said KCAMP said paying double time could be changed by adopting a resolution.
Lynne made a motion to adopt Resolution 12-20 “The Board of County Commissioners of Bourbon County are changing the pay scale from double time to time and one half for worked hours for hourly employees that are designated essential and required to work during an emergency declaration.
Non-essential personnel are instructed to stay home during an emergency declaration.
If an employee would be required to work overtime during a disaster declaration, double time would be paid to an employee for overtime worked.
This Resolution is in effect starting at 12:00am on March 22, 2020”, Jeff seconded the motion, essential law enforcement, public works on an emergency basis, EMS and the Landfill are considered essential personnel. All approved and the motion passed. Lynne made a motion to assign Deb Schoenberger as the proxy for the Commissioners signatures on this Resolution, Jeff seconded and all approved.
Lynne said they were cancelling the meeting scheduled for 3/25/2020.
Lynne suggested that the public continue with social distancing, limit travel and stay safe regarding the Coronavirus.
Jeff discussed the growth rate for the Coronavirus, he said a single case of the Coronavirus in 20 days could grow to 2,131 cases if life goes on like normal and people do not follow the necessary guidelines to prevent the spread of the Coronavirus.
At 11:29, Lynne made a motion to adjourn, Jeff seconded and all approved.
THE BOARD OF COMMISSIONERS
OF BOURBON COUNTY, KANSAS
(ss) Lynne Oharah, Chairman
(ss) Jeff Fischer, Commissioner
(ss) Nick Ruhl, Commissioner
ATTEST:
Kendell Mason, Bourbon County Clerk
April 14, 2020, Approved Date
Bourbon County Commission Minutes of Special Meeting on March 23
March 23, 2020 9:00 am – Special Meeting – COVID 19
The Bourbon County Commissioners met in open session via phone with Lynne Oharah, Jeff Fischer, Justin Meeks, William Wallis, Shane Walker, Tammy Helm and Kendell Mason.
The Commissioners met to re-evaluate when to open the Courthouse up and to have an executive session regarding a non-elected personnel.
Lynne made a motion to open the meeting, Jeff seconded and the motion passed.
Yesterday evening the commission met in an emergency meeting to discuss the first confirmed COVID case in Bourbon County. Shortly thereafter,the Public Health Department issued a statement restricting business activities to reduce the spread of this virus. In addition to Bourbon County, Crawford and Linn Counties are under a “Lockdown” much like KC metropolitan area.
Justin Meeks said there is one confirmed case of COVID 19 in Bourbon County, on 3/22/2020 the Commissioners held a special meeting via phone to adopt the COVID 19 Public Health Emergency Resolution; Justin said this was done to assist in Federal and State funding. Justin said that we do not have an active COVID 19 case in the Courthouse.
The SEK Multi County Health Department issued an order on 3/22/2020 at 8:00 pm to restrict or prohibit business activities for all non-essential businesses and made recommendations for essential businesses to follow. This order limits the businesses contact with individuals.
Lynne read the following:
Lynne read the following:
State courts on emergency operations until further order
TOPEKA—The Kansas Supreme Court today issued Administrative Order 2020-PR-016 directing all district and appellate courts to cease all but emergency operations until further order.
The only exception is jury trials that are currently under way. They may proceed to conclusion, but no other criminal or civil jury trials will be scheduled until further order.
The Supreme Court anticipates the order to remain in effect for at least two weeks, at which time it will be reevaluated.
“This is an extraordinary measure to match the gravity of the COVID-19 pandemic,” said Chief Justice Marla Luckert. “We have a duty to protect the people who come into our courthouses and courtrooms, as well as our employees and judges. This action allows courts to fulfill core functions while reducing in-person contact.”
Emergency operations are outlined in the Administrative Order, and generally include:
• determining probable cause for persons arrested without a warrant;
• first appearances;
• bond hearings;
• warrants for adults and juveniles;
• juvenile detention hearings;
• care and treatment emergency orders;
• protection from abuse and protection from stalking temporary orders;
• child in need of care hearings and orders;
• considering petitions to waive notice for abortions by minors;
• commitment of sexually violent predators; and
• isolation and quarantine hearings and orders.
Referenced in the Administrative Order is 2020 House Substitute for Senate Bill 102. On its publication, the court’s Administrative Order will have the effect of suspending until further order all statutes of limitations and statutory time standards or deadlines that apply to conducting or processing judicial proceedings.
During the effective dates of the order, no action will be dismissed for lack of prosecution.
People who have business with a court are urged to try completing that business online, by phone, or by mail. If that’s not possible, the person can call the court for direction. A limited number of staff will be available to answer questions.
Chief judges of district courts are charged with identifying essential personnel—both judges and employees—needed to fulfill emergency operations.
The Administrative Order also applies to appellate courts, including the Supreme Court. Emergency operations for the appellate courts include:
• Appeals, motions, or original actions arising from the emergency operations of the district court;
• Any other appeal, motion, or original action requiring expeditious resolution.
“It is through our collective action that we will slow COVID-19’s spread,” Luckert said. “The courts will continue to serve the people of Kansas, but in a way that protects all of us.”
Lynne read the following from KCAMP (our liability insurance provider): Commissioner, to reinforce what I told you on the phone, counsel has advised that government employees, officials and volunteers are immune from liability when working pursuant to a declared disaster emergency (“disaster” includes “the occurrence or imminent threat of widespread or severe … injury or loss of life … resulting from any natural … cause, including… epidemics, contagious or infectious disease”). Except the immunity does not apply in the instance of “willful misconduct, gross negligence or bad faith” relating to precautionary measures.
To avoid “willful misconduct, gross negligence or bad faith,” those engaging in the activities should be free of symptoms (including fever) and engage in all appropriate precautionary measures (covering coughs/sneezes, disinfecting, handwashing, personal protective equipment, social distancing, etc.).
I will be drafting a communication to all members based on this information. Thanks for leading the charge!
Nick Ruhl joined in the conference call.
Lynne stated they have been discussing how to protect the employees and the public. Lynne stated it was his opinion to follow the SEK Health Departments’ declaration and close the Courthouse to the public for the next two weeks. Jeff made a motion to keep the Courthouse closed through 4/5/2020, Nick seconded and all approved. Lynne made a motion to continue the current pay process for the next two weeks, Jeff seconded and all approved. The Courthouse will be closed to both the public and non-essential employees through 4/5/2020. At this time, the employees who are not required to work will be off with pay and will not have to use sick or vacation time. At this time, the essential employees who have to work will be paid double time for time worked. Lynne asked that there not be any overtime during this pandemic. Jeff questioned if people were quarantined due to the Corona Virus would sick days apply; both Lynne and Nick didn’t think so. The County is trying to protect the employees as well as the public. The courts will be operating on an emergency bases, CNC and other cases deemed an emergency by the courts.
Jeff made a motion to cancel the next two Commission meetings (3/24 & 3/31) and if needed they will schedule an emergency meeting, Nick seconded and all approved.
Lynne made a motion to allow Shane to move forward with modifications needed to change how the offices will work with the public once the Courthouse opens back up to the public, Jeff seconded and all approved.
Lynne made a motion to go into a 30 minute executive session for personnel matters of individual non-elected personnel, Nick seconded and all approved, (the session included the Commissioners, Shane Walker, William Wallis and Justin Meeks). No action was taken.
Jeff made a motion to give Lynne permission to talk to the County Attorney, Jacqie Spradling for matters concerning her job function, Nick seconded and all approved.
Lynne made a motion that William Wallis be allowed to talk to the department heads and elected officials about a letter from KCAMP, Jeff seconded and all approved.
Jeff made a motion to give Shane Walker the authority to discuss with the department heads the facility restraints regarding the COVID 19 virus, Nick seconded and all approved.
Lynne said this is a very serious time and they are taking steps to protect the public and employees and said they hope everyone stays safe and follows the Public Health Office guidelines.
Jeff said they have been looking at different models regarding protecting people from the Corona Virus; he felt a lockdown was the solution to help prevent the spread of the virus. He said the data suggests that one infected person will infect four more. He said with effective measures, including a lockdown, will help prevent or slow down the spread of this virus.
Jeff made a motion to adjourn, Nick seconded and all approved.
THE BOARD OF COMMISSIONERS
OF BOURBON COUNTY, KANSAS
(ss) Lynne Oharah, Chairman
(ss) Jeff Fischer, Commissioner
(ss) Nick Ruhl, Commissioner
ATTEST:
Kendell Mason, Bourbon County Clerk
April 14, 2020, Approved Date
Bourbon County Commission Minutes of March 16
March 16, 2020 Monday 2:30
The Bourbon County Commission met in open session with all three Commissioners, the County Counselor and the County Clerk present.
Lynne made a motion to go into a 15 minute executive session for personnel matters of individual non-elected personnel, Nick seconded and all approved, (the session included the Commissioners, Kendell Mason and the Emergency Manager Will Wallis). No action was taken.
Lynne made a motion to go into a 15 minute executive session for personnel matters of individual non-elected personnel, Nick seconded and all approved, (the session included the Commissioners, Kendell Mason and the Emergency Manager Will Wallis). No action was taken.
Justin Meeks, Bobby Reed and Bill Martin met with the Commissioners and Will Wallis regarding the Corona virus; Lynne said if they were to close the Courthouse due to the virus, the Sheriff and the Jail would still have essential service (personnel) as well as the Landfill that would have to work.
Justin Meeks said he visited with the department heads and the departments could accommodate the closure. He said that District Court is expecting legislature to change the court system temporarily.
Bobby Reed said the jail is limiting intakes and has discontinued allowing visitors for 30 days. Anyone that is going to court is wearing masks and gloves.
Lynne made a motion to close the Courthouse for non-essential personnel as of 8:30 am Tuesday, March 17, 2020, and that the Commissioners meet again at 9:00 am Monday March 23rd to reassess the reopening of the Courthouse, only essential personnel will be required to work, the non-essential employees, (including part time employees) will be paid without having to use sick or vacation time, Nick seconded and all approved. The Landfill, Jail and Sheriff essential employees will be working.
Lynne made a motion that the Commissioners attend an emergency management meeting on 3/17/2020 at 2:00 pm, Nick seconded and all approved.
Nick made a motion that the Commissioners meet on 3/23/2020 at 9:00 am to further discuss the Courthouse closing, Lynne seconded and all approved.
At 3:58, Nick made a motion to adjourn, Lynne seconded and all approved.
THE BOARD OF COMMISSIONERS
OF BOURBON COUNTY, KANSAS
(ss) Lynne Oharah, Chairman
(ss) Jeff Fischer, Commissioner
(ss) Nick Ruhl, Commissioner
ATTEST:
Kendell Mason, Bourbon County Clerk
April 14, 2020, Approved Date
Bourbon County Commission Minutes of March 13
March 13, 2020 Friday 9:00 am
The Bourbon County Commission met in open session with all three Commissioners, the County Counselor and the County Clerk present.
Lynne made a motion to move the meeting to the first floor atrium to accommodate the amount of people at the meeting, Jeff seconded and all approved and the meeting was moved.
The following signed in at the meeting, (there were others present who did not sign in): Barbara Peine, Jordan Nielson, David E. Waters, Justin Poplin, Alan Claus Anderson, Jan Seested, Gloria Fischer, Hazel Swarts, Julianna Planelli, Tammy Helm, Michael Hoyt, Marilyn Flagg, Roy Dare, Anne Dare, Bobbi Kemna, Marla Koester, M. Keller, ? Keller, Jim Keller, LaNette Keller, Jocelyn Keller, Deb Martin, unreadable name, Mike Wunderly, Tim Emerson, Marita Meech, Deb Morter, Heather Herring, Darren Crays, Janet Beene, Angela M. Martin, Sara Conklin, Arlene Weber, Bill Lalman, Bill Keith, Janice Bailey, Ryan White, Clint & Rachel Walker, Bill Michaud, Joe & Ann Ludlum, two unreadable names, Rhonda Daylong, Robert Uhler, Rachel Pruitt, Mary Pemberton, B. Fischer, three unreadable names, Kim Simons, Ashton Simons, Greg Fess, Jackie Feagins, Bob & Judy Marshall, Steve Fortenberry, Chris Knapp, Jeff Spangler, Martha Jane Gentry, Kevin Huber, Abbi Huber, two unreadable names & Karen Kellenberger.
Lynne made a motion to go into a 5 minute executive session for Consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Jeff seconded and all approved, (the session included the Commissioners and Justin Meeks). After the session, Lynne announced that the Commissioners had been informed that APEX will proceed with our without the involvement of the Commission. Lynne stated that Commissioner Fischer’s views doesn’t necessarily represent the views of the Commission. Lynne made a motion to limit the discussion to 5 minutes per Commissioner, Nick seconded and all approved.
Justin Meeks gave the wind farm contracts to each Commissioner. Lynne asked if Justin wanted to explain why they were no longer allowed to go into executive session, Justin said he wanted to wait until Tuesday’s meeting.
Lynne made a motion to approve the Road Use and Maintenance Agreement, he asked permission from APEX to read the first paragraph of the agreement; APEX gave him permission. “THIS ROAD USE AND MAINTENANCE AGREEMENT (“Agreement”) is entered into as of this 12th day of March. 2020 (“Effective Date”) by and between the Board of County Commissioners of Bourbon County, Kansas (the “County”), a governmental entity in the State of Kansas, and Jayhawk Wind, LLC (Developer”), a Delaware limited liability company”), whose address is 310 4th St. NE, Charlottesville, VA 22902. County and Developer may each be referred to herein individually as a “Party”, and collectively as the “Parties”. For this Agreement, the term “Roads” means any County right-of-way, or other roads, alleys, or ways that are owned, operated, or maintained by the County, including, but in no way limited to, gravel, pavement, ditches, culverts, and bridges.” Jeff seconded and all approved.
Lynne asked APEX for permission to read the first paragraph of the “Contribution Agreement”, APEX gave him permission and he read the following: “ THIS CONTRIBUTION AGREEMENT (“Agreement”), dated as of March 12, 2020, is entered into by and between Jayhawk Wind, LLC, a Delaware limited liability company (“Developer”), whose address is 310 4th St. NE, Charlottesville, VA 22902, and the Board of County Commissioners of Bourbon County, Kansas, a governmental entity in the State of Kansas (the “County”). Developer and the County are hereinafter referred to individually as a “Party” and collectively as the “Parties”. Lynne made a motion to approve the Contribution Agreement, Nick seconded and all approved.
Lynne asked APEX for permission to read the first paragraph of the “Complaint Resolution Agreement”, APEX gave him permission and he read the following: “THIS COMPLAINT RESOLUTION AGREEMENT (this “Agreement”) is made and entered into this 12th day of March, 2020 (the “Effective Date”), by and between the Board of County Commissioners for Bourbon County, Kansas (“County”) and Jayhawk Wind, LLC, a Delaware limited liability company (“Developer”). The County and Developer are sometimes referred to herein individually as a “Party” and collectively as the “Parties”. Lynne made a motion to approve the Complaint Resolution Agreement, Jeff seconded and all approved.
Lynne asked APEX for permission to read the first paragraph of the “Decommissioning Agreement”, APEX gave him permission and he read the following: “This Decommissioning Agreement (“Agreement”) dated as of March 12 2020 (“Effective Date”) by and between Jayhawk Wind, LLC, a Delaware limited liability company (“Developer”), whose address is 310 4th St. NE, Charlottesville, VA 22902, and the Board of County Commissioners of Bourbon County, Kansas, a governmental entity in the State of Kansas (the “County”). Lynne made a motion to approve the Decommissioning Agreement, Jeff seconded and all approved.
Lynne asked APEX for permission to read the first paragraph of the “Development Agreement”, APEX gave him permission and he read the following: This Development Agreement (“Agreement”), dated as of the date last signed on behalf of a party, is entered into between the Board of County Commissioners of Bourbon County, Kansas, (the “County”), and Jayhawk Wind, LLC (“Developer”). WHEREAS, Developer intends to construct and operate a wind project with a currently projected total size of approximately 146 megawatts (“MWs”) of installed nameplate capacity in Bourbon County, commonly referred to as the Jayhawk Wind Energy Project, to be located on privately owned rural farmland within the County and consisting of wind turbine generators, meteorological towers, substations, collection lines, access roads, temporary construction areas, operation and maintenance facilities, and other infrastructures relating thereto (the “Wind Project”). Lynne made a motion to approve the Development Agreement, Jeff seconded and all approved.
Lynne made a motion to give all of the Commissioners the authority to sign all of the agreements, Nick seconded, Lynne asked and received permission from APEX to change the date on the agreements to March 13, 2020, (the date was changed to March 13), all approved and all of the Commissioners signed all of the agreements.
Rhonda Dunn asked if there was an explanation of what they were signing; Jeff said as mentioned they signed the Development Agreement, the Decommissioning Agreement, the Complaint Resolution Agreement, the Contribution Agreement and the Road Use and Maintenance Agreement.
It was asked for the Commissioners to explain the statement that APEX was coming regardless, Lynne said that APEX could explain this if they wanted to; Lynne said he had no comment.
It was asked what the amount of taxes would be if the hadn’t signed, the Commissioners were not aware of any taxes due if they hadn’t signed.
At 9:34 am, Lynne made a motion to adjourn, Nick seconded and all approved.
THE BOARD OF COMMISSIONERS
OF BOURBON COUNTY, KANSAS
(ss) Lynne Oharah, Chairman
(ss) Jeff Fischer, Commissioner
(ss) Nick Ruhl, Commissioner
ATTEST:
Kendell Mason, Bourbon County Clerk
March 16, 2020, Approved Date
Bourbon County Commission Minutes of Special Meeting March 12
March 12, 2020 Thursday 12:30 pm
The Bourbon County Commission met in open session for a special meeting. Commissioner Ruhl, Commissioner Oharah, the County Counselor and the County Clerk were all present.
Lynne made a motion to go into a 20 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Nick seconded and the motion passed, (the session included the Commissioners and Justin Meeks). No action was taken.
Lynne made a motion to go into a 10 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Nick seconded and the motion passed, (the session included the Commissioners and Justin Meeks). After the session, Lynne made a motion that he be able to meet with Alan Anderson to disseminate information received this week in open session, Nick seconded and the motion passed.
Nick made a motion to allow Lynne to meet with Jody Hoener, Lynne seconded and the motion passed.
At 1:07, Lynne made a motion to adjourn, Nick seconded and the motion passed.
THE BOARD OF COMMISSIONERS
OF BOURBON COUNTY, KANSAS
(ss) Lynne Oharah, Chairman
(ss) Jeff Fischer, Commissioner
(ss) Nick Ruhl, Commissioner
ATTEST:
Kendell Mason, Bourbon County Clerk
March 16, 2020, Approved Date
Bourbon County Commission Minutes of March 10
March 10, 2020 Tuesday 9:00 am
The Bourbon County Commission met in open session with all three Commissioners, the County Counselor and the County Clerk present.
Also present for a portion of the meeting were Apex representatives Jeff Spangler, Chris Knapp, Luke Hagedorn, Alan Claus Anderson & Julianna Planelli, Tammy Helm with the Fort Scott Tribune, KODE, KOAM, Jody Hoener & Jerad Heckman. Also present were the following (that signed in), Arlene Weber, Barbara Peine, Mary Pemberton, Rhonda Dunn, Kim Simons, Anne Dare, Deb Lust, Dale Arnold, Noah Fischer, Gary Rhodes, Clint & Rachel Walker, Sparky Schroeder, Hazel Swartz, Nancy Van Etten, Heather Herring, Jo Ann Thomas, D. Kmiec, unreadable name, Bob & Judy Marshall, Joe Ludlum, Gavin Fry, Sara Conkling, Stacy Racy, Bill Keith, Jeannie Comstock, Janet Beene, Kathleen Gilliland, Bill Lalman, Tara Allen, Mike Wunderly, Brent Smith, Josh Jones, Brian Powell, Else Moss, Kevin Huber, Abbi Huber, Don Westhoff, June Bloomfield, Jane Burns, Wilma Hibdon, James Malveaux, Karen Kellenberger, Leon & Sherral Fry, Tim Emerson, Barbara Schmidt, Pam Fowler, Marilyn Flagg, Linda Walker, Marla Koester, Deb Martin and Deb Morter. There were others present who did not sign in.
Jeff made a motion to go into a 10 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Nick seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.
Lynne gave a payroll overtime report to be paid on 3/13/2020; the Sheriff’s department had 127 hours of overtime, the Treasurer’s department had 4.5 hours of overtime, the Attorney’s department had 68.25 hours of overtime, the General department had 3.5 hours of overtime, the Jail had 128 hours of overtime and the Road & Bridge department had 41 hours of overtime.
Jeff Fischer gave a presentation, he said when he worked at Kiewit (a company that did large industrial construction projects), he implemented a 5 year training program regarding contract administration. He said the learning objectives today were to identify road use agreements, identify relative contract terms and develop a contract administration plan. He presented an email form someone regarding the Neosho County wind farm construction and the roads there with what the writer of the email felt were safety issues there, Jeff asked the audience to identify issues pointed out in the email, which they did. Jeff presented the Neosho road use agreement, which Jeff said was similar to the contract Bourbon County had been asked to sign; he said the learning objective from reviewing the contract was to identify with reasonable anticipated road use agreements – construction traffic on non haul routes, maintenance of traffic – missing signs, preconstruction for engineering report- low water crossing who is liable? Jeff asked the group to read the contract and find information in the contract that could help resolve issues when they arise, which the audience did. Jeff said there will be issues that arise. Deb Lust said from the beginning the County will have identifiable items high in the process and the developer will have some, she said the two will have to come to an agreement in some areas. She said a pre-inventory of the planned haul route roads would need to be done and issues would need to be identified. The agreement identifies who will share the responsibilities, she said there are mitigation means to get the best possible haul routes, she said both parties should share in workable solutions. Jeff said he spent time looking at different agreements for wind farm projects in different counties. Rhonda Dunn questioned the contract for Bourbon County; Jeff said that contract is in draft form. Anne Dare discussed the communication process, (or lack of) and timeliness regarding the wind farm project. Rhonda Dunn said Bourbon County needed a better process than Neosho County since it appeared the process wasn’t working in Neosho County; Jeff said having a good process and contract is important. Rhonda Dunn questioned what objective he was trying to accomplish with presenting the Neosho County contracts; Jeff said he wanted them to identify issues that could arise and how the contract addresses those issues. Jeff said it was important to pay attention to the details. Rhonda Dunn questioned when the Bourbon County contracts would be public record; Justin Meeks said the contracts would be public once they are signed. Deb Martin said the contracts should be made public before they are signed so the public knows what is in the contract since this will effect generations of people. Lynne said the Commissioners will review the contracts in executive session, but they will vote publicly whether or not to accept the contracts. Bourbon County was presented a draft contract in December 2019. Bobbi Kemna questioned if the County was under any timeframe to sign the contracts; Jeff said he didn’t think today was the magic day, Lynne asked Jeff not to speak for the entire Commission; Lynne said they will review the contracts, but they didn’t know what the results would be. It was stated that it could be requested to be put on the ballot for a public vote, but the Commissioners could deny that request; Justin Meeks said Bourbon County is a non-zoned county. Rhonda Dunn said the Commissioners could put it on the ballot; Justin once again said that Bourbon County is a non-zoned county and said this is a contract between the wind farm company and a private landowner. Justin said that someone could run for office if they wanted to try and implement zoning. Justin Meeks presented a copy of the map of the possible roads to be used for the wind farm. Justin Meeks said if the County decides not to sign the contracts the project could go forward anyways since the wind farm company could have easements from the highway and wouldn’t need county roads. It was mentioned that the estimated PILOT agreement for Bourbon County over a 10 year period is $3.6 million or $360,000/year for 10 years. Rhonda Dunn said the Neosho PILOT payment was $950,000; Jeff said you have to compare apples to apples. It was asked if the County could restrict access to the roads; Justin said they don’t have to have access to County roads and said the County can’t keep you from using the roads will your farm equipment. It was stated that eminent domain could not be used since the wind farm isn’t owned by a power company. Mary Pemberton asked if the County had adequate time to negotiate; Justin said he believed so. Rhonda asked if the County had accepted money from APEX; Justin said no. Bobbi Kemna asked if the wind farm company sold would the new owner be responsible for the PILOT payment; Justin said the contract obligation would go to the new owner. Justin said the Commissioners would oversea the PILOT money.
Nick made a motion to move the meeting to the 1st floor Courthouse lobby, Lynne seconded and all approved.
Nick made a motion to go into a 30 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship for contract review, Jeff seconded and all approved, (the session included the Commissioners, Justin Meeks and Alan Anderson). No action was taken.
Lynne made a motion to go into a 30 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship for contract review, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and Alan Anderson). No action was taken.
Jeff made a motion to go into a 20 minute executive session for confidential data relating to financial affairs or trade secrets of corporations, partnerships, trusts and individual proprietorships, Lynne seconded and all approved, (the session include the Commissioners, Justin Meeks and Alan Anderson). No action was taken.
Lynne made a motion to go into a 15 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship for contract review, Nick seconded and all approved, (the session included the Commissioners and Justin Meeks. After the session, Jeff made a motion to meet Friday, March 13th, 2020 at 9:00 am to discuss the wind farm contracts, Nick seconded and all approved. Some of the meeting will be in executive session and some will be in open session.
The meeting was suspended until 1:30.
Hazel Swartz met with the Commissioners regarding the new policies and guidelines adopted regarding public comment at the Commission meetings; she said she realized there were more important issues to be discussed then this and said she would reschedule this on the agenda for a later date. She said people were upset on the new restrictions and questioned if people could express their opinions or concerns in only 5 minutes. She felt this was the worst possible time to implement new guidelines, but said the Commissioners didn’t have to let people have the 5 minutes to speak, she said it was their meeting and they didn’t have to open it up for public comment. She said she would pray earnestly about the division being brought forth and pray that personal, rude and slanderous remarks will not be made. She said the decision placed before the Commissioners is dividing our community. Lynne gave Justin permission to present information to Hazel regarding the meeting format.
Lynne made a motion to go into a 5 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, however this motion was retracted.
Lynne made a motion to go into a 10 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Jeff seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.
Arlene Weber met with the Commissioners; she said she lives right in the middle of the proposed wind farm. She said 3 years ago she voiced her disapproval over her high property taxes, she said she was told this was due to her prime real-estate, she said her prime real-estate will now be surrounded by 24 wind turbines. She said Jeff Fischer stated that the road width would need to be increased to 50’ to accommodate the wind farm equipment; she felt doing this in her area could be questionable since there were water ways near the roads. She said there were studies done discussing health consequences with wind farms. She said she was fearful regarding air ambulance being able to come in the area with the wind farms; she said at times they have to call for ambulance service to their property. She discussed the ¼ mile setback requirement for the turbines. She discussed the health effects on animals and discussed the past history (wagon trails and trading post) in the area near the turbines. She asked the Commissioners to take into consideration her concerns.
Anne Dare read a letter to the Commissioners; in her letter she questioned if the wind farm project is such a great opportunity for Bourbon County then why all the secrecy? She questioned how tall the turbines would be, how tall will they be with the blades attached, what are the setbacks, how many turbines would there be, how far away does a turbine have to be to avoid shadow flicker and noise and where will the turbines be placed? She said the citizens of Neosho County had these answers before the negotiations with the Commission started and asked why our citizens weren’t afforded the same consideration? She said she was told she could go to numerous websites for the answers to her questions; she has, but said some of the answers are vague and dated. She said she has talked to KDHE, KDWPT, US Fish and Wildlife and the Attorney General’s office, but said none of them knew anything about this wind company coming to our county since the State doesn’t have any regulations for wind energy companies. She said there were three people planning on building homes near the proposed wind farm location, but said those plans are now on hold; she said those people planning to build homes don’t get the 10 year tax abatement. She discussed the Commissioners plan to reduce property taxes and asked if they had considered putting the PILOT money towards lowering the mill levy. She questioned the value of a turbine and the value in 10 years and what they would equate to in tax dollars. She questioned the following regarding decommissioning; what does the decommissioning agreement communicate, how much will it cost to remove the turbines and restore the land, has a bond been put in place to cover these costs at a rate to reflect inflation, where will the turbines go to be recycled or restored and what will it cost the County? She asked that the Commissioners vote against these agreements and allow the people of Bourbon County to vote to decide on the wind turbines.
Mary Pemberton met with the Commissioners regarding the wind farms; prior to the meeting she presented documentation, but did not read her documents. She said she felt it was a shame that this issue has divided our County. She asked Alan Anderson (attorney for APEX) how many wind contracts he had negotiated, he said he wasn’t sure, she asked how long they typically take to negotiate, he said most are fairly quick depending on the situation, but had never had one take 16-24 months to negotiate. She said the Commissioners are trying to do the wind farm negotiations on their own in a condensed timeline; she said they have the ability to hire outside help and said they weren’t doing their due diligence in the process. She said APEX is putting pressure on them to sign quickly. She said Crawford County hasn’t been presented contracts yet. She urged the Commissioners to hire an outside professional engineer as well as an experienced wind energy contract attorney to negotiate the agreements for Bourbon County.
Nancy Van Etten met with the Commissioners regarding the Fort Scott Lake sewer district; she reminded the Commissioners of her past efforts and the need for the sewer district to have a board to have oversight and to be the governing body of the Lake Sewer District. She said her new sewer bill had a 57% increase for waste water sewer increase, she said the city residents’ increase was 3%. She said a notice of the planned increase in the newspaper made residents aware of the planned increase. She asked the Attorney General how to resolve the issue of “who is the Lake Sewer District”: is it the County or the City; they didn’t have the authority to interpret the inter-local agreement entered into by the City of Fort Scott and Bourbon County and said both parties needed to consult with their own legal counsel for such assistance. She provided various documents to the Commissioners, one of which was information from the Kansas Department of Health and Environment; she said it states that “the governing body means the Board of County Commissioners of the county in which the sewer district is located”. And “the board shall be the governing body of any sewer district it creates and shall have the power to “take any action for a safe, proper and economical operation of any sewer district.” In concluding she said the County Commissioners are the Sewer District #1 Board; she requested the sewer district have annual meetings to review the inter-local agreement, assure proper and economical operation of the district and appoint members to the board who live in the district and someone to represent the City.
Jeff made a motion to authorize Lynne to sign a letter of commitment for the Blue Cross Blue Shield Pathways to Healthy Kansas Phase 2 Grant Application, Nick seconded and all approved and Lynne signed the letter.
Lynne made a motion to go into a 5 minute executive session for Consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship to discuss contract negotiations, Jeff seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.
Lynne made a motion to go into a 10 minute executive session for Consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship to discuss contract negotiations regarding the medical mall, Jeff seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.
At 3:08, Lynne made a motion to adjourn, Jeff seconded and all approved.
THE BOARD OF COMMISSIONERS
OF BOURBON COUNTY, KANSAS
(ss) Lynne Oharah, Chairman
(ss) Jeff Fischer, Commissioner
(ss) Nick Ruhl, Commissioner
ATTEST:
Kendell Mason, Bourbon County Clerk
March 16, 2020, Approved Date