March 2, 2023                                                                                         Thursday, 9:00 a.m.

 

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

 

Michael Hoyt, Tiana McElroy, CJ Robison, Patty Ropp, Deb McCoy, Jason Silvers, Lora Holdridge, and Clint Walker were present for some or all of the meeting.

 

Jim Harris opened the meeting the with flag salute, followed by a prayer led by Nelson Blythe.

 

Nelson Blythe made a motion to approve the minutes from last week’s meeting. Jim Harris seconded, and all approved.

 

Jim made a motion to approve the miscellaneous disbursement checks totaling $193,538.13 from 2/4/23-2/28/23. Clifton seconded and all approved.

 

Eric Bailey, Public Works Director, presented a list of new culvert permits for February. Eric gave an update on the sidewalk and parking project stating the last section of the parking area was poured yesterday. The concrete has to cure for seven days, but the crew is filling in around the sidewalk with dirt today then will cut and stripe the parking spaces. Jim Harris complimented the crew saying the concrete looks great and Eric agreed that Chad and his crew have done an outstanding job. Eric will bring in the reports next week to outline the final cost of the project. Eric stated between the strong winds and pastures being burned they had about 20 trees down that the crews have removed from the roads. Eric gave an update on the skid steer stating he has been working with Rhonda at Murphy Tractor and they are going to do a good-will warranty replacing the motor with the county only having to pay freight. Jim remarked that says a lot for Murphy Tractor and their customer service. The drum on the new crusher has been replaced, and they are fixing a fuel leak that was found while performing the drum repairs. Eric said they hope to have the crusher back week. While the crusher has been out for repairs the crew have removed overburden at the Beth quarry to prepare for another blast. Eric has received several phone calls from individuals, counties, and private businesses about the old crusher that is listed for sale on Purple Wave. A salesperson stopped by and presented a demo on a compost turner for the beans at the landfill. Eric said that now that we can receive soybean byproduct at the landfill, we will have to turn them into compost per KDHE guidelines and will need to look at purchasing a compost turner in the future. Jim stated there are grants at the state level that could help purchase a compost machine. Eric presented a contract ADM sent him to bring their soybean hulls to our landfill at $40.00 per ton. Justin reviewed the contract and advised the Commissioners the contract is for three years. Eric said the soybean hulls will be turned into compost which they will either use to cover the construction and demolition material area at the landfill or provide to residents. If the compost is used to cover the C&D, it will save time and money due to not having to haul in dirt from other areas in the county to use as cover. Jim said that Eric went out of his way following KDHE rules to build the pad required to accept the soybean hulls and thinks the price is excellent. Clifton said we’ve talked about this for two years and have been working with KDHE to be able to accept the soybeans again. Clifton made a motion to accept the contract as submitted by ADM and to allow Chairman Harris to sign it. Nelson seconded the motion, and all approved. Eric said they are ready for a roads work session, and after discussion it was decided to hold a meeting at 9 a.m. on March 20^th. Jim asked if the commissioners were ok with allowing Dale Arnold to speak while Eric is still at the meeting since he wanted to talk about roads. Mr. Arnold stated he lives west of town on Maple Road and there was recently a rollover accident. Dale said people drive on the wrong side of the road and he feels there needs to be a yellow line down the middle of the road on the hill to try to help with this issue. Dale said he has mentioned this a long time ago and was told the county doesn’t have a machine to apply the striping and questioned how they are doing the striping for the parking at the courthouse. Jim stated they need to review the laws the county has to follow and suggested that Eric look at the policy and rules and regulations. Eric said the striping at the courthouse has to be done to conform with ADA guidelines and that the crew is hand painting the parking areas. Nelson questioned how many yards of striping would need to be done and Jim explained we either have no striping or we have to follow the guidelines which will specify the length we are required. Mr. Arnold said at the bottom of the hill there is a culvert, and he has been informed that the county is going to work on the culvert and do some ditching in the area and he is worried about the dirt washing into his pond. Eric said they do what they can and will work with him to try to avoid that issue. Jim read a card he received from Lawrence and Lind Wunderly thanking the Public Works department for the work they did on Zinc Road.

 

Pat Bishop, the Fort Scott Landbank Manager, said there are 4-5 structures that are needing to be demolished and he would like to ask that the Landbank receive the same deal as the City of Fort Scott for the pricing at the landfill. Jim said city funds are being used, the city is bidding it, and since the Landbank is a branch of the city he doesn’t have a problem with the Landbank receiving the same pricing. Jim made a motion to allow the Landbank to use the C&D landfill at the same rate as the City of Fort Scott and Nelson seconded. Clifton asked that a one-year limit be added to the motion. Jim made a motion to allow the Landbank to use the C&D landfill at the same rate as the City of Fort Scott for one year and Nelson seconded. Clifton Beth abstained.

 

Lora Holdridge presented resolution 07-23 that closes a section of 75^th Street in Franklin Township. Lora said the landowners are already being charged taxes, that this is merely a formality. Clifton made a motion to close 75^th Street for 2277 feet south of Victory Road. Nelson seconded the motion and all approved.

 

Justin Meeks, County Counselor, presented resolution 08-23 which outlines the powers of the Board of County Commissioners. Justin said he felt it was important that people understand the role of the County Commission and went over KSA 19-212 which defines the job responsibilities and powers of the Commissioners. Mr. Meeks said pursuant to KSA 19-212 the Commission control the property of the county. Clifton said that the county property is purchased with taxpayer dollars or grants. Justin gave an example of the County Attorney diversion fund, which is still taxpayer dollars, but the attorney can use their discretion as to how they spend it, for instance going to training, as long as they are following the statutes. Clifton said that what they purchase with those funds is still county property and does not become their personal property.

 

A 5-minute break was taken with the Commission returning at 9:40.

 

Jim apologized for taking a call, stating he wanted to make sure there wasn’t a family emergency.

 

Justin stated that once the Commissioners leave this room, they are private citizens and can speak to whomever they choose. He said that if there is pending litigation or if someone has an attorney his advice to anybody would be to not speak to that person as what you say can be used against you. Justin said that his job function is to represent the organization of Bourbon County. Justin said everybody has the right to their opinion, the right to file claim or petition, the right to believe what they want to believe and say what they want to say. Justin said that this form of government is not easy because you can only conduct business when you are in this room and can vote on it in open session. Nelson said he inferred somebody had a problem with policy and wants to find out what the problem is and to find a way to fix it. It was explained that personal use of the computers is limited and that we have to have a policy in place to protect employees and Bourbon County. Clifton said if someone looks at certain sites it could bring in viruses or ransom ware and can cost the county thousands of dollars and that IT has had to rebuild the system over the last few years because of viruses. Justin said that you have to have a minimum policy in place. Justin asked that the Commission pass resolution 08-23. Clifton made a motion to adopt resolution 08-23. Nelson seconded, but stated he felt like this was a chess game where your opponent made a move, so you make a move, and that we are all on the same team. Nelson stated he wanted to find out what the problem with the policy is and try to change it, so everybody is happy with the policy. Jim stated that any problem with the IT policy can be submitted to the Commission, and they would hold a meeting to discuss any issues. After the discussion, all approved the motion to pass resolution 08-23.

 

Susan Bancroft presented a preliminary cash report to the commission and asked that Jennifer Hawkins join her for the discussion. Susan stated she has been working with the County Clerk to explain some processes and teach her tasks that she currently performs that fall under the Clerk’s duties. The end of year has not been closed due to an issue with an accounts payable batch processed while two years were open. CIC has been working on the issue so that Patty can move forward with balancing and closing out the year.

Susan stated the General Fund had budgeted a cash carryover of $640,000, but the year ended better than expected and we will now be closer to the three-month operating budget that we want to have as a contingency.

Susan recommended moving the $130,000 surplus from the General fund to an Equipment Reserve fund that is setup to cover major expenses such as if the boiler goes out at the courthouse.

The Sheriff’s Department’s carryover was better than expected and should cover the two detective positions he was requesting. Susan stated that when the 2024 budget process starts then it could be discussed ways to fund the positions. Jim clarified that there was enough carryover to allow the Sheriff to fund the two detective positions without using Sales Tax funds.

Susan said she has been working with Patty and Matt on the county NRP fund to fix a process on where the county’s 5% administration fees are deposited. The EMS fund has a carryover of $273,000 and Susan recommended creating an EMS Equipment fund and move the money there to start addressing the need of replacing ambulances. Jim and Clifton questioned if there is that much carryover then why is the county funding EMS $250,000 every year. Susan said if they chose to leave the money in EMS they could, but there is a need for fleet replacement that really needs to be addressed. Clifton made a motion to consolidate general equipment reserve funds and do away with fund 039 and move $248,601.19 to fund 027. Nelson seconded, and all approved.

Clifton made a motion to do away with the Mercy Medical Building fund 385 and move the $71,260.09 and into the General fund 001. Nelson seconded the motion, and all approved.

Clifton made a motion to move $130,406.23 from the General fund 001 into the General Equipment Reserve fund 027. Nelson seconded, and all approved. Jim made a motion to create an EMS Equipment Reserve fund and move $273,786.55 from EMS fund 375 into the new fund. Clifton seconded, and all approved. Clifton spoke on the Bond Repayment fund and said he feels some of the money needs to be kept for repairs, but a majority needs to go to paying off the bond and Jim agreed.

 

Susan presented an end of year checklist she created that outlines whose duty it is to process the many tasks it requires to close out a year. A meeting was held yesterday with Susan, Patty, and Jennifer to go over the checklist and explain processes and the necessity of performing each task to avoid audit deficiencies. Jennifer spoke about the meeting stating she appreciates the checklist and the insight that Susan has provided, and she felt the meeting went very well. Susan said there will need to be some changes made within the organization to ensure we are in compliance and following guidelines.

Department head meetings will be held in the near future to explain what changes are going to be made and give the Clerk and Treasurer an opportunity to explain why the changes are needed.  Susan said she felt it was important to explain her function at Bourbon County because she feels there is perhaps some confusion on what she can and cannot do. Susan was hired to assist departments to address areas of deficiencies within the county. Susan said she was also hired to help the Commissioners with the budgets, develop capital plans, and ensure compliance stating our goal is to fix the deficiencies. Susan said she doesn’t review or approve expenses; she looks at ways to try to help save the county money.

Last year Susan noticed the county was paying sales tax on the electric bill at the medical facility and the county was able to receive a refund check for $32,000 that we had un-necessarily paid in sales tax.

Susan touched on the turmoil within the organization, and said it is disheartening to her and feels like it is an embarrassment to our community. Susan feels that if the vindictiveness and hate was used in a positive manner, we could watch our county grow. Susan said she felt the first step moving forward yesterday after meeting with the Clerk and Treasurer who both committed to working together as a team. Jim said he is excited that the CFO, Clerk, and Treasurer are working together because it will take all three individuals working together to ensure the county does not have any audit budget violations in the future and that he has felt a difference in the atmosphere the last few weeks.

 

Patty Love and Susan Bancroft met with the Commissioners to discuss CD’s. Interest has greatly increased the last six months, and now is the time to take advantage of that. A list was presented to the Commissioners outlining all the CD’s the county has at each financial institution and what the current interest rate is. One CD with a low rate was cashed in at the first of the year and is now in our checking account accruing interest at 3.81%. Patty said she just talked to John Hill who offered to convert the CD’s at his bank into two $250,000 CD’s at 4.26% with no penalty.

Susan said there is some additional liquid cash to invest, and they are looking at short term options. Nelson questioned why there are so many CD’s at so many banks. Patty explained we want to have liquid cash and that we don’t want to pay penalties if we have to cash them out. Susan said they have looked at the penalties to cash in the CD’s with the low interest rates and deposit the funds into our checking account which has a higher interest rate.

 

Jennifer Hawkins introduced her newly hired Deputy Clerk, Selena Alvarado, who will be sitting in the meeting next week while she attends training. Jennifer presented add, abate, escape tax roll corrections that needed to be signed by the Commission in order for her to approve them to send to the Treasurer’s office. The County Clerk also presented a Water Pollution Permit Renewal public notice from KDHE for a rock quarry located in Bourbon County. Jennifer stated the public notice will be available in her office until April 1 if anybody would like to review it or obtain the contact information for the state. Jennifer presented a biennial list of county officers that needs to be signed by each elected official and then be submitted to the Secretary of State’s Office. Clifton made a motion to allow Chairman Harris to sign the tax roll corrections. Nelson seconded the motion, and all approved.

 

Tiana McElroy, County Attorney, stated she was here during public comments because it was a very last-minute decision to address the Commission today. Tiana has announced that she has applied for the open position as Linn County Attorney, and that many individuals have reached out to her expressing their desire to see her stay with Bourbon County. Tiana said her heart is in Bourbon County and this is where she wants to stay. Tiana presented a change to payroll form to change the County Attorney’s salary to $110,000 per year and said she said has gone over her budget and feels that she has the room to make this change. The Commission have said in the past that if there is room in an elected official’s budget, they have the authority to make pay changes, but Tiana wanted to present the payroll change form to them because she wants transparency which is why she is doing this in an open meeting. Tiana asked that Chairman Harris sign the form as well. Susan stated the only thing that affects the budgets that the Commission control is the employee benefits fund. Nelson made a motion to allow Chairman Harris to sign the form. Clifton said he does not approve or disapprove of this and that he did not give Patty or the former Clerk any approval of pays in the past and that she doesn’t need their approval. Clifton said he realizes and appreciates why Tiana brought the form to the Commission. Nelson said he felt it was good that Tiana brought the form the Commission to show transparency and that he would like to see her stay. Clifton seconded Nelson’s motion, and all approved.

 

Clint Walker said he would like when there is a road closure for the Commissioner in the district to go out and look at the road that is going to be closed and for all landowners to be notified. Clint said that for equipment purchases within the county he hopes that any department asks IT, who is the subject matter expert, their opinion to get the best deal. Mr. Walker said that recently this was done with EMS who worked with the Public Works department to find a replacement engine cheaper. Clifton clarified that 75^th St. is the road that is being closed and that one owner owns all the property around the road, and that the Commissioners wouldn’t vacate a road without all landowners having the opportunity to speak.

 

Justin Meeks asked to amend the agenda for an executive session. Clifton made a motion to amend the agenda to add an executive session concerning security. Clifton asked the Commission if they had any comments before they went into executive session as he did not want to waste the public’s time and make them stay if they didn’t want to. None of the Commissioners had any comments. Clifton made a motion to amend the agenda to add two executive sessions. Nelson seconded, and all approved. Clifton made a motion to go into 10-minute executive session under KSA 75-4319 (b)(12) to discuss matters relating to the security measures, if the discussion of such matters at an open meeting would jeopardize such security measures to include the three Commissioners, Justin Meeks, Shane Walker, and Jimmy Kemmerer. The executive session will be held in the EOC room, and the Commission will return to their meeting room at 11:04. Nelson seconded the motion, and all approved. The Commissioners returned to the meeting room at 11:04 and Clifton made a motion to resume normal session with no action. Nelson seconded, and all approved.

 

Clifton made a motion to go into 15-minute executive session under KSA 75-4319 (b)(12) to discuss matters relating to the security measures, if the discussion of such matters at an open meeting would jeopardize such security measures to include the three Commissioners, Justin Meeks, and Shane Walker. The executive session will be held in the EOC room, and the Commission will return to their meeting room at 11:21. Nelson seconded the motion, and all approved. The Commissioners returned to the meeting room at 11:21 and Clifton made a motion to resume normal session with no action. Nelson seconded and all approved.

 

Justin Meeks requested a 15-minute recess while he consulted with another attorney.

 

Justin Meeks requested a 7-minute executive session to discuss personnel matters of individual 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 non-elected personnel to protect their privacy to include the three Commissioners, Justin Meeks, and Shane Walker. The executive session will be held in the EOC room, and the Commission will return to their meeting room at 11:47. The Commissioners returned to the meeting room at 11:47 and Clifton made a motion to resume normal session with action. Nelson seconded, and all approved.

 

Justin Meeks asked the Commission to make a motion to allow each or all of the Commissioners to talk to the IT Director, the COO, regarding security issues but not at the same time and to review information with no decision-making taking place.

 

Clifton said he didn’t think we need to make a motion, but did make a motion to allow each or all of the Commissioners to talk to the IT Director, the COO, regarding security issues but not at the same time and to review information with no decision-making taking place. Jim said he didn’t think we needed a motion for that.

 

Clifton made a motion to adjourn at 11:50. Nelson seconded the motion, and all approved.

 

 

Approved date: 3-9-2023

 

 

February 23, 2023                                                                                                                         Thursday, 9:00 a.m.

 

 

The Bourbon County Commission met in open session with Commissioners Jim Harris and Clifton Beth and the County Clerk present.

 

 

Mark McCoy, Anne Dare, Patty Ropp, Michael Hoyt, Jason Silvers, David Klein, Lora Holdridge, George Collinge, and Larry Howard were present for some or all of the meeting.

 

 

Jim Harris opened the meeting the with flag salute, followed by a prayer led by Mark McCoy.

 

 

Clifton Beth made a motion to approve the minutes from last week’s meeting, Jim seconded and all approved. Clifton made a motion to approve payroll in the amount of $172,629.06 and accounts payable totaling $121,336.19. Jim seconded, and all approved.

 

 

Eric Bailey, Public Works Director, gave an update on the sidewalk and parking project. Eric said they are pumping water out of the west end of the parking area, then they will pour the gutter and parking. Jim asked if the City of Fort Scott is going to address the water issues since the water runs across the street and pools there. Eric said they are aware of the issue and have looked at the area. Jim suggested one of them meet with the City Manager about the water issue. The old crusher is listed on Purple Wave to sell during their March 21 auction. Purple Wave had some incorrect contact information listed, but Eric has reached out to get that corrected. Eric stated there is interest in the crusher as he has already received a few phone calls about it. The new crusher is on the way to Humboldt for repairs and it is expected it will be down for about three days. All the repairs will be covered under warranty. The Public Works crew is removing overburden at Beth Quarry to prepare for another blast. The ditching machine is currently in Mapleton, and Eric plans to move to each district every few weeks to work on ditches. Eric said the machine is working very well and gets the water moving, but it will take some time to get the hang of it all. Jim asked who the operator is, and Eric said TJ Newman is running the machine and doing a very good job. We had an MSHA inspection last week and had two minimal violations. One was the headlights on the fuel truck, the spring broke on the dimmer switch, but they now have that fixed. Also, there was a paper at the front of the notebook that needed updated and that has been fixed as well. Jim said that was a very good inspection from MSHA. Eric said crews are cleaning up dead trees throughout the county using the lift. Eric said he was contacted by the City of Fort Scott’s codes department about a citywide clean up and was asked if the county would consider waiving MSW fees. Jim said the last time we did this it was very expensive to haul the waste to Allen County and the county ended up paying several thousand dollars. He thinks if we participate, then the city would need to help cover some of the costs. Eric said if there is a cleanup, he thinks it should be county wide and not just for city residents. Eric stated he will come back to the commission after he visits some more with City of Fort Scott. Jim said a resident he spoke to in the Northwest part of the county commended the county for the great job they did fixing the low water crossing. Eric said that Jerry Heckman did the repairs, and he is very good with

 

his blade. Eric said the motor went bad on the skid steer and they are getting numbers on how much they have spent on repairs and will meet with a representative of the company where it was purchased. Clifton made a motion to allow Jim to meet with Eric and the representative to discuss the skid steer.

Jim seconded the motion, and all approved.

 

 

Eric Bailey requested a 7-minute executive session. Clifton made a motion to go into executive session under KSA 75-4319 (b)(1) to discuss personnel matters of individual nonelected personnel to protect their privacy to include the two Commissioners Eric Bailey, Jennifer Hawkins, and Susan Bancroft for 7 minutes and will return at 9:21. Jim seconded, and all approved. Clifton made a motion to resume normal session at 9:21 with no action. Jim seconded the motion, and all approved.

 

 

George Collinge met with the Commission to discuss Eagle Road. George started off by thanking the Commissioners and Eric Bailey for the job they do. Mr. Collinge said he had done some research on Eagle Road, which used to be known as Garland Road, and there was a newspaper article from 1928 stating the road was hard surface from 250th St to the state line. George said the section of the road from 69 Highway to 250th St. has been paved for 50 years, ever since the new highway came in. George stated people base where they buy a house or build a house on the roads they have to travel and that nobody likes having a paved road turned into gravel. Due to safety issues and complaints about the poor condition of Eagle Rd the Commissioners had to make a decision about four years ago. A public meeting was not held it was just decided to tear the pavement up and make it a gravel road, which it had not been for over fifty years. George said the paving on 250th St. has provided an alternate route to town, but that many residents still have to use Eagle Rd. Dust is a big issue now on Eagle Road. George said that when Commissioner Harris ran, he promised to pave Eagle Rd and 250th St. Mr. Collinge suggested paving one mile of the road as a start due to budget constraints and then pave the rest the next year.

Jim said a work session is planned soon, and he is hoping to work with Eric and the other commissioners to be able to pave one mile of the road. Due to the other two districts having the majority of the paving projects last year district three will receive first choice this year. Jim said he has looked for state money, and is working with Eric and the limited budget, but is hopeful they can make something happen and Eagle Road is a high priority for district two. Due to the thickness the road has to be to withstand the heavy grain trucks, Jim estimates it will cost $250,000 per mile to pave Eagle Road. Anne Dare questioned if in the meantime there was something that could be done to keep the dust down on Eagle Road. Jim said they could drag it and put oil down, but Clifton said the problem is we have thousands of miles of gravel road, and we can’t do for one and not for all. The speed of the traffic was discussed, and it was determined there were no posted speed limit signs. Jim asked the residents that were present if they would be ok with a 40 mph speed limit, and they responded yes. Jim made a motion to have Eric Bailey post 40 mph signs on Eagle Road from 69 Highway to 250th St. Clifton seconded the motion, and all approved. Jim said he would let George know when the work session is and would like everybody to come and give their input.

 

 

Lora Holdridge presented a road closure for a stretch of 75th St. near Xenia. Lora handed out several maps and discussed how they are trying to consolidate four maps into one, and that two of the maps are

 

showing 75th St. stopping at Victory Road. Lora said when she first started getting the road records up to date, she went through all the road closures, and this road was not listed as being closed. Bret & Kyle Oswald own both sides of the road and want to show the road closed at Victory Rd. The Oswalds are already paying taxes on the road since it is undriveable, we just need a resolution to make it official.

Clifton said we need to make sure we have a starting point and an ending point of the road we are closing because 75th St. goes all the way to the Crawford County line. Lora is going to provide the Clerk the dimensions and present a resolution next week.

 

 

A short break was taken, and the Commission resumed the meeting at 9:44.

 

 

Jennifer Hawkins presented an invitation that Teri Hulsey, EMS Director, sent to the Commissioners for a meet and greet on March 6 at noon to introduce Dr. Krumsick, the new medical director for EMS. Clifton made amotion to allow all Commissioners to attend, with no county business being conducted. Jim seconded the motion, and all approved.

 

 

The County Clerk presented two cereal malt beverage license renewals for KC Mart at 946 Highway 69. Clifton made a motion to approve permit #214 and #215 for KC Mart and to allow the chairman to sign the permits. Jim seconded, and all approved

 

 

Jim Harris discussed the possibility of placing an overpass south of town and said that one of the proposed locations is on Jayhawk Rd. Due to trains sitting at intersections, emergency personnel are having difficulty getting to the east side of the county. Jim made a motion to allow him permission to work with Bourbon County REDI on applying for a grant for a feasibility study for an overpass on the south side of Fort Scott. Jim said this is not for a grant to build an overpass, this is for the study which is something we have to have before we could even apply for grants to build an overpass. Clifton seconded the motion, and all approved. Clifton said that they received an email from SEKRPC and that a grant might not have to be applied for as the committee has already received a grant that could potentially cover the feasibility study. Rob Harrington stated the Regional Planning Commission has received an $800,000 federal grant to do a large-scale regional feasibility study on road projects in southeast Kansas. This group will come back after they do this study, which could take years since it is for all of southeast Kansas, and our overpass project may not be one they choose. In order to participate in this study, Bourbon County would have to pay $2200 to SEKRPC. Jim said that this would be a good route to go but if this could take three years to get a study then he doesn’t want to do that. Rob said if they started in Bourbon County, it may not take that long but if SEKRPC started in another county it might be a few years before they got to our county. Jim said they could meet with SEKRPC and determine what route they would like to go. Susan Bancroft said meeting with KDOT and BNSF would be good and there is a statute that the railroad would have to pay 5% of a project that closes a railroad crossing.

 

Jim requested a 7-minute executive session. Clifton made a motion to go into executive session under KSA 75-4319(b)(1) to discuss personnel matters of individual nonelected personnel to protect their privacy including both Commissioners and will return at 10:02. Clifton made a motion to resume normal session at 10:02 with no action. Jim seconded the motion, and all approved.

 

 

Bobby Reed presented a letter to the Commissioners on Bill Martin’s behalf regarding the electronic use policy. Bobby asked that the County Clerk date stamp the letter and email a copy to Sheriff Martin.

Bobby asked that any questions be directed to Bill upon his return.

 

 

Clint Walker stated he received wage information and asked if Justin Meeks, the County Counselor, also works as the Assistant County Attorney. Jim said that is correct.

 

 

Michael Hoyt questioned an accounts payable entry for Amazon Capital Services, asking why we would set up reserve account under an Amazon credit card. Jennifer clarified that the charge is for an Amazon invoice and is paid out of the computer reserve fund the county has. Michael asked when we could get the work session for the roads set, and Eric Bailey stated he is currently waiting on one other person to meet with him so that he can get information on chip and seal. Eric said after that he will be able to bring pricing to the Commission so that they can accurately determine how much work can be done with their limited budget. Mr. Hoyt asked Eric to look at the bridge on Poplar Road over Wolverine Creek stating it is dangerous and that you can see through the bottom of it. Michael said that he thinks Poplar Road from 69 Highway to 235th Street should be paved as it is a major exit road. Mr. Hoyt had previously discussed going off the road during a winter storm and said he measured the drop off and it was 10 feet and feels that a guardrail needs to be placed there. Jim asked the location, and it is on 235th Street between Osage Road and Poplar Road.

 

 

Anne Dare discussed the commission agenda form and questioned the payroll amounts from 2-14-23 and 2-23-23 and why one was $30,000 less. Jim said he would have to do some research to determine why there was that much of a difference. Anne also said she hopes that anybody who uses a credit card for purchases does so using our tax-exempt status as a government entity. Anne questioned how much money the county has unnecessarily paid in sales tax.

 

 

Michael Hoyt asked if all the deputies have credit cards is 5 Corners billed seperately for their fuel? The Commissioners said that would be question for the Sheriff.

 

 

The Commissioners took a 10-minute break and returned at 10:19.

 

Michael Hoyt stated he is helping the Veteran Services Coordinator in LaHarpe, who is having health issues, and he will help with claims or paperwork at no charge. Mr. Hoyt said he would be willing to help any Bourbon County residents as well.

 

 

Clifton amended the agenda to add two executive sessions. Jim seconded, and all approved.

 

 

Clifton made a motion to go into a 7-minute executive session under KSA 75-4319 (b)(12) to discuss matters relating to the security measures, if the discussion of such matters at an open meeting would jeopardize such security measures including both Commissioners, Justin Meeks and Shane Walker and will return at 10:29.

 

 

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

 

 

Justin Meeks requested a 5-minute executive session. Clifton made a motion for an 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 to include both Commissioners and Justin Meeks and will return at 10:36. Jim seconded the motion, and all approved.

 

 

Clifton made a motion to resume normal session at 10:36 with no action. Jim seconded, and all approved.

 

 

Lora Holdridge asked to amend the agenda for an executive session.

 

 

Clifton made a motion to amend the agenda for an executive session. Jim seconded, and all approved.

 

 

Clifton made a motion to go into a 5-minute executive session under KSA 75-4319(b)(1) to discuss personnel matters of individual nonelected personnel to protect their privacy including both Commissioners and Lora Holdridge and will return at 10:44. Jim seconded, and all approved.

 

 

Clifton made a motion to resume normal session at 10:44 with no action. Jim seconded, and all approved.

 

Clifton stated that every employee of the county, including elected officials and their employees, when they walk in the door, they just own their clothes they are wearing. The computers are owned by the people of Bourbon County, the vehicles are owned by the people of Bourbon County and are not their personal property. The Appraiser’s vehicles are not his they are owned by Bourbon County. The dozer and road grader in road and bridge are not owned by road and bridge but by Bourbon County. The Sheriff’s vehicles are not the property of the Sheriff’s department, they are the property of the county.

We have people in our organization that seem to think the equipment is theirs, it is not nor is the money they are given theirs. It is the people of Bourbon County’s, it is all the taxpayer’s money, not just elected official’s money. He said the general public should be furious and that his comments are not made to the general public but directed internally.

 

 

Jim said that the computers in all elected official’s offices belong to the county, to the tax payers. For us to spend money on an outside attorney from the Sheriff’s department to tell us that we’re not in charge of their employees is ridiculous. We are in charge of that computer, we’re responsible for the programs, that’s what our IT department does.

 

 

Clifton made amotion to adjourn at 10:49. Jim seconded, and all approved.

 

 

Approved 3-2-2023

February 14, 2023                                                                                                 Tuesday, 9:00 a.m.

 

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

 

Jason Silvers, Mark McCoy, and Clint Walker were present for some or all of the meeting.

 

Jim Harris opened the meeting the with flag salute, followed by a prayer led by Mark McCoy.

 

Nelson Blythe made a motion to approve the minutes from last week’s meeting. Clifton Beth seconded, and all approved. Clifton made a motion to approve the consent agenda which includes payroll totaling $206,351.07 and accounts payable totaling $85,342.63. Jim seconded, and all approved.

 

Jim commended the crew working on the parking and sidewalk project saying the concrete looks great. Jim asked Eric if they are keeping a running total on how much the project is costing us to share with the public how much the county saved by performing the work ourselves. Eric Bailey, Public Works Director, stated they are keeping track in their PubWorks software and will be able to provide a detailed report of the project. Eric said they still have two pours left to complete the project, but they are going to be painting lines on a section that is finished to get more parking opened up. The MSHA refresher course was completed last week and the training date for all new hires to complete MSHA certification is now March 13. The drum is in for the crusher, and we will be moving the crusher to Humboldt to have the repairs performed there where they have a crane and all the needed equipment and tools. Purple Wave was here yesterday to take pictures and video of our old crusher to post on an upcoming sale in March. Public Works will also be selling two truck beds on Purple Wave. Eric asked for approval to go ahead and go out for bid for a belly dump trailer which is what the proceeds from the items sold on Purple Wave will purchase. Jim said he has been in support of another belly dump to use during asphalting to get gravel on the roads while the dump trucks are tied up hauling asphalt. Jim made a motion to allow Eric to go out for a bid on a belly dump trailer using cash from the Purple Wave sales. Nelson seconded and all approved. Eric said that he has been visiting with different companies about asphalt oil and currently the prices are down $75-$100 per ton. Diesel fuel is down about $1.00 per gallon which will drop our cost to produce asphalt. Eric said he has another meeting today to find out about the price of sand. Dates were discussed for setting up a roads program meeting and it was suggested to add it to the agenda to once Eric has a complete list of prices.

 

Susan Bancroft, Chief Financial Officer, presented a 2022 payroll recap. Susan said she plans on doing annual year end reports and including payroll reports to show where you might see fluctuation in numbers indicating turnover. The reports also show overtime by department. Susan explained that some of the overtime is built in due to the way some of the shifts runs. EMS is now fully staffed and you will see the overtime numbers go down due to that. Susan said she can provide these reports quarterly so that the Commissioners can see the numbers as they are happening. The reports that were provided today are strictly payroll, they do not include benefits but Susan plans on creating a report to show benefits in the future. One of the reports provided a breakdown of how many employees each department had for every pay period in the year which showed the amount of turnover. A gross earnings by department report was included and Clifton and Jim questioned why the Clerk and Treasurer’s offices were up dramatically in December. Susan stated that the increase flagged for KPERS and she had to give an explanation as to the increase and those two departments gave their employees bonuses at the end of the year. Susan said she is working this week to close out the end of year and will be able to provide reports showing how each department’s budget ended up for 2022.

 

Susan presented a request for a letter of support for a moderate income apartment project in Fort Scott. The project is for 16 apartments in what is known as the Van Fossen building but more people know it as the JCPenney building. This project is a partnership between the City of Fort Scott and the developer and all that Bourbon County is asked to do is provide a letter of support for their grant. Clifton stated he is not in favor because they are asking us to do something without knowing anything about the project. Jim asked if the developer gave a presentation to the City of Fort Scott. Nelson asked if this was federal or state grant and Susan said the state administers it but they are federal dollars. Jim said that someone will get the grant dollars, so if it is not this project another community will receive the money. Mark McCoy suggested that the developer come and do a presentation or at least provide a letter detailing all the information we are requesting. Nelson asked if there was a deadline and Susan stated they have not provided her with one. Clifton said he is not going to vote on something and approve something the same day it is provided to him with no information given. Jim said he would like someone to do a presentation or answer questions about the project.

 

Jennifer Hawkins announced she will be attending some training classes so she can become a certified County Clerk. Jennifer said she has not been able to hire anybody for her office yet and will have to close Thursday, February 16 to attend a class. One of the classes is only offered once a year and it is March 6-10, but she is hopeful that she will have additional staff hired by then.

 

Clifton made a motion to move the Commission meetings to Thursdays. Clifton stated that the County Counselor is now unavailable on Tuesdays, and this would allow the Clerk and CFO more time to prepare for the meetings. Jim said he was in support of moving the meetings to Thursdays but for the first six months he would not be at some of the meetings due to prior commitments but could join via phone. Nelson questioned when the first Thursday meeting would be and Clifton said next week. Nelson said he would miss next week’s meeting regardless of the day it is held as he will be out of town at training. Nelson seconded the motion to move meetings to Thursdays, and all approved.

 

Mark McCoy said that on April 5 Fort Scott High School will be hosting a business day where different industries and government entities will be there with tables set up, and he thinks the county should have a booth to give students an opportunity to see what we offer. Clifton stated it is the FSHS Career Fair and it will be 8-12 on April 5 and this is a collaboration with Uniontown High School so we could potentially reach 600 students. Susan Bancroft said she had planned on having a table there with pamphlets about different jobs at the county and would welcome anybody else who like to join her. Jim said he could join her if it was ok with the other commissioners and Clifton and Nelson agreed to this.

 

There will be a meeting of the Republican Party on Thursday, February 23, at 6 p.m. at the Empress Event Center for elected and appointed officials as well as the committee people. Nelson made a motion to allow the Commissioners to attend the meeting with no county business being conducted. Clifton seconded and all approved.

 

Mark McCoy talked about Kiwanis 110^th Pancake Feed that will be held next Tuesday with all the proceeds going to provide scholarships to local high school students. Last year the Kiwanis provided eight scholarships to students. Mark also announced the Knights of Columbus fish fry that will take place on Friday evenings with proceeds going to rebuild the church.

 

Jim made a motion to adjourn the meeting at 9:37. Nelson seconded and all approved.

 

Approved 2-23-2023

 

February 7, 2023 Tuesday, 9:00 a.m.

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

Clint Walker, Mark McCoy, Patty Ropp, Anne Dare, Deb McCoy, and Michael Hoyt were present for
some or all of the meeting.

Jim Harris opened the meeting the with flag salute, followed by a prayer led by Mark McCoy.

Nelson Blythe made a motion to approve the consent agenda which includes the minutes from last
week’s meeting, accounts payable totaling $417,079.46, and miscellaneous disbursement checks from 1-
1-2023 to 2-3-2023 totaling $432.993.95. Clifton Beth seconded, and all approved.

Eric Bailey, Public Works Director, handed out January’s fuel report to all the Commissioners. The report
for all new culvert applications for January was signed. Eric gave an update on the sidewalk and parking
project on the north side of the courthouse. The sidewalk was poured yesterday, and half the curb is
done as well. They are hoping to get half of the parking poured this week, and have the project
completed next week. MSHA renewal training will be held tomorrow, 2-8-2023, at the Shirley Yeager
building. New hire MSHA training will take place next Monday, Tuesday, and Wednesday. A piece broke
on the drum on the rock crusher, but it is under warranty and the new part is being shipped and will
hopefully be here the end of the week. Eric updated Commissioner Blythe that he met with John Stokes
and the area by the cemetery in Bronson has been taken care of. Eric asked the Commissioners to start
thinking of a time to hold a work session for roads and asked that they meet sooner rather than later as
the oil prices are currently down. Jim asked Eric to study the motor grader plan to budget for
replacements before several graders go down at the same time. Eric stated he had worked with Susan at
the end of last year to create a 10-year plan for the Public Works equipment.

Matt Quick presented a variance for the sanitation code for Marco Estates. Marco Estates was
developed in 1968 and was platted at that time so most lots there are not a full acre. Currently there is a
one-acre requirement to install a septic system. Matt said that the variance reads that the one-acre
requirement is waived but all other codes must be followed. Jim asked if there was an address listed and
Matt stated they just listed Marco Estates as there are several lots there to be developed. Clifton Beth
made a motion to accept the variance of Sanitation Code 2-7.1 as presented by Matt Quick. Nelson
Blythe seconded and all approved.

Jennifer Hawkins, County Clerk, presented a letter from the Kansas Department of Agriculture to submit
water levels for Elm Creek Lake. This is a yearly Water Use Report that can be submitted online to avoid
a $20.00 filing fee now charged for using the paper form. Jim explained that this is not a new report that
they have filled it out for years and he recommended allowing Eric to submit online to avoid paying
$20.00. A Public Notice from the Kansas Department of Health and Environment was presented for all
Water Pollution Control Permit renewals within the state. If the public would like to look at the
documents, they are available in the Clerk’s Office until 2-18-23. Jim stated that the farm in Bourbon
County is just a renewal there will not be any additional animals. The Clerk’s Office received a letter
from a Trustee member of the Pawnee Township stating she would have to step down due to health
issues and asked the Commissioners appoint her replacement. The Pawnee Township met and
recommended Rachel Wagner to fill the vacancy. Clifton Beth moved to appoint Rachel Wagner to the
vacant Pawnee Township position. Nelson seconded and all approved. Clifton also made a motion to

allow Eric Bailey to submit the 2022 Kansas Department of Agriculture Water Use Report online to avoid
paying $20.00 for submitting the paper form. Nelson seconded and all approved. Jennifer stated she had
been trying to find out what boards the Commissioners were on, but there wasn’t a folder containing
this information, so she had been combing through prior years Commission minutes and presented a list
to the Commissioners of what was found. The Commissioners received a letter from Tri-Valley
requesting a vacant position on their board be filled. Nelson asked how often the board meets and said
he would be interested in finding this information out before a replacement is appointed. The
Commissioners asked that more research be done to find out to find out when the various boards meet
and what their obligations are and will discuss this matter later. Jennifer asked that the agenda be
amended to allow her to talk about budgets. Clifton made a motion to amend the agenda to discuss
budgets with the County Clerk. Nelson seconded and all approved. Jennifer said she received an email
from the Department of Administration stating that 27 of the budgets that were due to them by
December 1, 2022 were incomplete, incorrect, or not submitted at all. Jennifer sated she received her
appointment from the Governor and was sworn in yesterday so she can now act in the full capacity of
County Clerk. Jim asked if there are any fines that the county might receive from the budgets being
turned in late and Jennifer replied she did not know, but is going to reach out to the Department of
Administration and work with them to get the budgets corrected.

Clint Walker questioned if the money used for the new Sheriff’s vehicles that were discussed last week is
coming from the Sales Tax fund. Jim stated yes, it is from the Sales Tax fund and that by using that
money instead of financing the county could save 2.5% in interest fees. Mr. Walker said he had
requested information about job descriptions and that they have not been updated since 1999 and he
recommended the county updated them. Jim said we are in the process of updating our handbook.
Michael Hoyt said he had a few questions about the accounts payable and asked the Clerk about
reoccurring amounts listed throughout the report for the same vendor. After looking through the report
it was determined that since the report was broken down by fund the entire amount was listed by the
vendor's name but under that showed the amount being charged to the specific fund. Some bills in
Public Works are split between multiple funds and it was agreed that the report was confusing. Jennifer
said she would review report options to find a better report to send out in the future. Mr. Hoyt spoke
about majority rule and said he felt that resolution 06-23 stating unanimous consensus of the board to
terminate employment was not democracy. Justin Meeks said that he reviewed the resolution and had
the KAC attorney review it and they approved it as well. Justin said that everything besides termination
of an employee takes a 2-1 vote and he feels confident in the way resolution was reviewed by other
counsel as the resolution was even sent to the Attorney General’s office.

Nelson had a question for the County Clerk about the miscellaneous disbursement check report that was
sent out specifically what the checks written to Baty Otto Coronado were. These checks were written by
the Treasurer’s office for forfeitures done by the Sheriff’s department. Michael Hoyt asked about a
$22,000 check written to Fort Scott Union Lofts and Susan Bancroft told him it was an NRP refund. Jim
said he appreciated the work the County Clerk has been doing and the assistance the CFO and COO have
provided and all the long hours that have been worked.

Jim Harris asked for a 10 -minute executive session. Clifton made a motion for an 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 9:45. Nelson seconded the motion,
and all approved. Clifton made a motion to resume normal session at 9:45 with no action. Nelson
seconded and all approved.
Michael Hoyt asked if he could talk about the recent housing meeting. Clifton made a motion to amend
the agenda to allow public comment again. Nelson seconded and all approved. Michael said he asked
the question if it was easier to obtain grants for low-income housing and he was told yes. He went on to
say that we need to change our feeling of what low-income housing is and that many object to
behaviors that they perceive to happen in low-income housing. Clifton said he would agree with that.
Michael suggested transitional housing where if you are low income, you would pay the income-based
rent for the first five years. The next five years part of that rent could go to equity where they could
share in the appreciation. The next ten years they could go out and get a mortgage and pay us back
what we paid to build that house. Nelson asked who Michael was referring to when he said we, meaning
Bourbon County? Michael said he was just referring to the fact that is easier to get grants for low-
income housing and that the rest would have to get approval for in the grant process. Mr. Hoyt said we
need to dispel this feeling that everybody in certain housing projects are drug users or sellers and that
most of them are 80- and 90-year-olds that are living on social security that can’t afford a house. Clifton
said he agrees it is a perceived behavior because working in what he’s done for 10 years he’s been in a
lot of these houses. Clifton said we as a society are not doing anything to dig people out of poverty. Jim
said he attended another housing meeting last week that had government officials, relators, and
bankers and our next step is to meet with developers and contractors because the gap is the problem.
The bankers are recommending getting a few houses built and, on the market, to help boost the
comparables.

Lora Holdridge asked the Commissioners if Jennifer could have microphone at her desk because it was
hard to hear her.

Mark McCoy, as representative for Regional Economic Development, asked for a 10-minute executive
session to discuss trade secrets to include the three Commissioners, Justin Meeks, Rob Harrington, and
Mark McCoy. Clifton made a motion to amend the agenda to add an executive session, Nelson seconded
the motion and all approved. Clifton made a motion to go into executive under KSA 75-4319 (b)(4) to
discuss data relating to financial affairs or trade secrets of corporations, partnerships, trust and
individual proprietorships to include the three Commissioners, Justin Meeks, Rob Harrington, and Mark
McCoy and will return at 10:08. Nelson seconded and all approved. Clifton made a motion to return to
normal session at 10:08 with no action. Nelson seconded and all approved.

Clifton made a motion to adjourn the meeting at 10:09. Nelson seconded and all approved.