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September 17, 2019 Tuesday 9:00 am
The Bourbon County Commission met in open session with Commissioner Fischer and Ruhl, the County Counselor and the County Clerk present.
Jim Harris and Jerad Heckman with Road & Bridge met with the Commissioners; Jim said they are wedging on 245th. He said that two of the Freightliner trucks broke down last week. They made 240 tons of asphalt for the City of Fort Scott. He said they took the patcher to do work on 240th & Jayhawk. He said they are mowing around the county. They are crushing and making chips at the Beth Quarry. They have been using the excavator at the Shepherd Quarry clearing out the floor.
Charles Gentry (the secretary of St. Martin’s Academy) met with the Commissioners to discuss the St. Martin’s Academy located east of the Fort Scott Lake on Indian Road. St. Martin’s is a boy’s boarding school for freshman to seniors that offers a classical education and farm work experience. There are currently 29 students at the school, 12 paid staff as well as volunteers at the school. Mr. Gentry said that five families have moved to Bourbon County due to the school. Currently the speed limit is 45 mph in the area; Mr. Gentry asked that a school speed zone be established with signage (warning school zones ahead, school speed limit signs & end school zone sign) going both directions on either side of the school property. Jeff made a motion to direct Jim Harris to review the area and report back to the Commissioners and consider widening the road between the school and the Lake entrance in the future, Nick seconded and the motion passed.
Jeff reported a citizen contacted him regarding the patching done in Rocher addition; there are still potholes that need filled there. Jim said he would view the road.
There was a brief discussion over the one percent countywide retailer’s sales tax that is distributed to the county and cities in Bourbon County. This will expire on June 30, 2021. The commissioners discussed renewing this tax. Jeff suggested reviewing and calculating the amount of current sales tax that is collected for the swimming pool, the jail and the one percent road tax.
The Commissioners did a fence viewing between property owners Brian Comstock and Union Pacific Railroad; Nick made a motion that the fence does need to be repaired or replaced since it does not meet the Bourbon County fence guidelines, Union Pacific will be responsible for the east ½ of the fence and the Comstock’s will be responsible for the west ½ of the fence, Jeff seconded and all approved.
Jeff made a motion to approve a Property Tax Relief Application (due to fire) for David Klein and a Property Tax Relief Application for the Joe Pete Erie property; Nick seconded and the motion passed.
Dave Bruner and Robert Leisure with the Bourbon County EMS met with the Commissioners; in August of 2019 there were 194 calls for service, of those calls there were 69 transfers, 49 dry runs and 145 total transports. They requested three new Life Pack 15’s for a total of $67,629.60 and two McGrath Video Laryngoscopes for a total of $5,548 (with trade ins). If purchased three annual payments could be made on the equipment. Jeff asked that they get another bid for a price comparison. They plan to get another bid and meet back with the Commissioners. There is an ambulance getting repaired for approximately $3,000.
Jeff made a motion to go into a 5-minute executive session for confidential data relating to financial affairs or trade secrets of corporations, partnerships, trusts and individual proprietorships, Nick seconded and all approved, (the session included the Commissioners, Dave Bruner and Robert Leisure). No action was taken.
Justin Meeks met with the Commissioners to discuss Elm Creek Lake; he asked permission from the Commissioners to start the process to get the shelters there on the Kansas Historical list. He said that HPA and the ABC Trails may have money available to help with the cost of repairs to the buildings. Jeff made a motion to allow Justin to start the process of getting Elm Creek on the Kansas Historical List, Nick seconded and the motion passed.
Jeff made a motion to break for lunch and reconvene at 1:30, Nick seconded and the motion passed.
Terry Sercer met with the Commissioners to present the 2018 audit; he said there were no violations of the Kansas Statutes. However, there were three deficiencies; reconciliation of cash in the bank to the County’s accounting records, reconciliation of the annual tax roll and preparation of the financial statements (Terry assists in both the County audit and the County budget).
Emergency Manager Will Wallis met with the Commissioners to discuss the disaster debris removal; Bourbon County experienced some flooding in the County in the spring of 2019. Will said there were 22 different areas in Bourbon County that has debris in Bourbon County waterways. He said that the State reported that the County could use a quarry site or the Landfill to store the debris. KDHE said the debris could be burnt and provided Will with an application for approval of open burning operation. There will be funds from FEMA to help pay for the cost of the debris removal. The debris needs to be removed by December 15, 2019. Will questioned if the Commissioners wanted Road & Bridge to remove the debris (to save money) or hire the work to be done. Will said that Road & Bridge would need two dump trucks and a backhoe to move the debris and estimated that the County could do the work in approximately six days. After discussion, Nick said he would talk to Jim Harris about the debris removal, the Commissioners plan to discuss this again on September 24th.
Jeff Fischer may attend a news interview at the jail regarding the HVAC unit.
Lora Holdridge met with the Commissioners to discuss the County holiday meal; it was decided the meal would be on December 6th. Lora said there will also be an ornament exchange for the employees that want to participate. Lora said that Woodson County wants to opt out of doing two SEK meetings a year; Lora suggested continuing to do the meetings twice a year.
Register of Deeds Lora Holdridge says she talked to Nick about departments rehiring; she said they previously weren’t able to do the information officer since the person they planned to put in the position backed out at the last minute. Lora said in her 2020 budget she requested an additional $15,000 to be given to herself and her one employee; she said she had waited two years to hire a floater or an information officer. Lora said she never gets to take a vacation since she only has one employee and that other department heads are allowed to take 1-2 weeks at a time. Lora said she offers comp time to her one employee. Lora asked Kendell if she was rehiring for a vacant part time position; Kendell said she was. The Commissioners said that Kendell asked and was given permission to rehire for the position. Lora discussed mistakes that past employees in her office had made, as well as other mistakes that had been made. Lora said that her office is the only office where everything dealing with real estate starts. Lora said hiring a part time employee in her office wouldn’t do any good. Lora presented two pay vouchers to the Commissioners; she presented a voucher to pay herself $10,000 and presented a $5,000 voucher to pay her one employee. Jeff Fischer said he didn’t feel comfortable with this, he said he wasn’t saying they didn’t deserve this, but said if this was allowed other departments would present requests too. After much discussion, Lora said she wouldn’t turn in the vouchers, but asked that they discuss this with Lynne Oharah. Jeff said they did budget a raise in 2020 for several elected officials to correct the wage problem. Jeff said it was the responsibility of the County Commissioners to look out for the whole organization. Jeff has previously said that Allen County Register of Deeds operates on two employees, and stated that Bates County Missouri operates their Register of Deeds office on 1 ½ employee.
Nick Ruhl will be attending a healthcare task force meeting on 9/19/2019 at 9:00 am.
Jeff made a motion to go into a 10 minute executive session for personnel matters of individual non-elected personnel, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and Kendell Mason). No action was taken.
At 3:48, Nick made a motion to adjourn and Jeff seconded.
THE BOARD OF COMMISSIONERS
OF BOURBON COUNTY, KANSAS
_____________ , Chairman
(ss) Jeff Fischer, Commissioner
(ss) Nick Ruhl, Commissioner
ATTEST:
Kendell Mason, Bourbon County Clerk
09/24/2019, Approved Date
Justin James Calvert, age 45, of Madison, WI passed away on Sunday, Sept. 22, 2019, from accidental carbon monoxide poisoning. He was born on Sept. 21, 1974, in Girard, Kansas, the son of Douglas Calvert and Marcia (Hughes) O’Neal.
Justin graduated from Caney Valley High School in Caney, Kansas in 1993.
He served in the U. S. Marines from 1995-1999.
He moved to Wisconsin in 2003 and married Dr. Mindy Haseleu on May 1, 2011.
Justin worked as a finance manager at Smart Motors for the last 12 years.
Justin was a big, tall and muscular guy with an incredibly loving heart. He was very protective of his family and friends. He loved spending time with them and especially relished teasing his nieces and nephew.
Justin was very generous, caring and sweet. He was very hard working, dedicated and successful in his job.
He loved classic cars and started his collection with a red 1967 Chevelle. His pride and joy was a Verdoro Green 1968 Pontiac GTO, owned by his father-in-law since 1971 and restored in 2017 by his high school friend Scott Mills. Justin and his GTO won numerous awards including Best of Show at multiple shows.
He enjoyed working out, watching football, going to car shows, swimming in his pool, collecting anvils and vises, and eating home cooked meals.
Many who knew him may not have guessed how much he loved his cats, Bibi and Vitto.
Justin was very patriotic and extremely proud of his service in the Marines. He was thrilled to reconnect with his Marine Corps brothers after 20 years.
Justin is survived by his wife, Dr. Mindy Haseleu; his mother, Marcia (Hughes) O’Neal and her husband, Dan; his father, Doug Calvert and his wife, Ilana; his brother, Matt Bowersock; niece, Madison; in-laws, Bob and Beth Haseleu and Vance and Teppy (Haseleu) McCaw; and niece, Rowan and nephew, Lane. He is also survived by numerous aunts, uncles, cousins and friends.
He was preceded in death by his sister, Mari-Katherine Bowersock; and grandmother, Mary Hughes.
A funeral service will be held at GUNDERSON EAST FUNERAL HOME AND CREMATION CARE, 5203 Monona Dr., Madison, at 3 p.m. on Sunday, Sept. 29, 2019. Visitation will be held at the funeral home from 12 p.m. until the time of service on Sunday. Online condolences may be made at www.gundersonfh.com.
Following services for Justin in Madison, WI, there will be Cremation, then, services with burial at the Fort Scott National Cemetery will be announced by the KONANTZ-CHENEY FUNERAL HOME, 15 W. Wall St., Fort Scott, Kansas.
Shirley Lorene Stephens, 84 of Fort Scott, passed away Friday evening September 27, 2019, at Ascension Via Christi Hospital in Pittsburg, Kansas.
She was born April 17, 1935, in Fort Scott, the daughter of Dan and Edith Amelia (Tucker) Freer. She married Roger Boyles on September 19, 1952, in Piggett, Arkansas, he preceded her in death. She married John Albert Stephens on June 19, 1972, in Girard, Kansas, he preceded her in death on October 20, 2007.
During her life Shirley had several jobs one of which was nanny/cook/housekeeper for several different families including her own.
She is survived by four daughters, Gail Byrd of Webb City, Missouri; Leanna and Mike Burke of Blue Springs, Missouri; Moria and Darrin Gauthier of Fort Scott; and Michelle and Doug Walton of Mildred, Kansas; four sons, Gus and Heidi Boyles of Frontenac, Kansas; Chuck and Holli Boyles of Pittsburg, Kansas; Mike Stephens of Westphalia, Kansas; and Matt and Jennifer Stephens of Milton-Freewater, Oregon; a sister, Raylene Freer of Fort Scott, and a brother, David Freer of Fort Scott; 15 grandchildren, and 11 great-grandchildren.
In addition to her husbands, Roger Boyles and Johnnie Stephens, she was preceded in death by a grandson, Roger Burke, a sister, Joan Collins and her parents.
Funeral Services for Shirley Stephens will be at 10:30 a.m., Tuesday, October 1, 2019, at the Konantz-Cheney Funeral Home with Rev. Bill Hawk officiating, burial will follow at the Evergreen Cemetery. The Family will receive friends from 6:00 p.m. to 7:00 p.m. Monday, September 30, 2019, at the Konantz-Cheney Funeral Home. Condolences may be submitted to the online guest book at konantz-cheney.com.
Rex Bryant Moore, age 56, a resident of Redfield, Kansas, passed away Thursday, September 26, 2019, surrounded by his loved ones at the Via Christi Hospital in Pittsburg, Kansas.
He was born on April 22, 1963, in Lawrence, Kansas, the son of William Lee Moore and Shirley Jean Rogers Moore.
On May 21, 2004, Rex married the love of his life, Stacy.
Rex and his father traveled across the United States so he could pursue his dreams of racing professional motocross. Although his career was cut short, the love he had for the sport never stopped. He enjoyed watching his favorite rider, Austin Howell. He lived week to week to watch this young man aspire at his dreams.
He also played his motocross video games and took pride in them knowing that “Rocket Rex” was still out there whooping everyone even though it was not in person.
His favorite thing to do was attending his daughter, Hannah’s activities. He enjoyed every minute of watching her in action. She was his pride and joy and he loved her very much, just as she did him. They had an unbreakable bond. Hannah was his “baby girl.”
Rex loved being around his family and friends. Rex will forever be remembered for his beautiful smile, gentle eyes, caring heart, loving embrace and unconditional love.
Rex loved so many and was loved by so many more.
He had an energy that with just one encounter with him you would remember for life; he definitely left his mark.
He made friends everywhere he went including Hannah’s friends which all adopted him as their dad.
He brought so much joy to our lives and those around him. Although our hearts are heavy, we will celebrate his life and find comfort in knowing that he has no pain and is in heaven watching over us. Yet, we continue to hurt as he has left us. He yearned for that place in which he could breathe. Now he sits with God in the natural beauty and astounding light of heaven and he can finally breathe.
Survivors include his wife, Stacy, of the home; six children, Hannah Moore, of Redfield, Kansas, Sarah Powers, of Eldorado Springs, Missouri, Austin Moore, of Boliver, Missouri, Shelby Morillo, of Bronson, Kansas, Tyler Wilkerson, of Kincaid, Kansas and Dalton Church, of Coleman, Alabama and six grandchildren. Also surviving is a brother, Ronald Moore, of Shawnee, Kansas.
He was preceded in death by his parents and grandparents.
Secretary Burghart’s statement on Attorney General Derek Schmidt’s opinion of the collection of taxes from out-of-state retailers
The following statement is from Secretary Mark Burghart regarding AG Schmidt’s opinion of KDOR Notice 19-04.
“For the past 29 years, there has been overwhelming legislative support for re-establishing fairness in the obligation to collect and remit Kansas taxes between out-of-state retailers and Kansas retailers. Notice 19-04 simply informs out-of-state retailers of the law that overwhelmingly passed the Legislature in 2003 that ensures the obligation of out-of-state retailers to collect and remit the taxes that are due and owing. The Notice does not reflect a change in policy, but only restates long-established statutory provisions regarding the duty to collect and remit Kansas taxes.
Prior to the Wayfair decision, Kansas retailers were at a competitive disadvantage with out-of-state retailers. This Notice informs out-of-state retailers of the Wayfair result, which merely removed the constitutional physical presence requirement for such out-of-state retailers and thus leveled the playing field between in-state and out-of-state retailers.
Since the Wayfair decision, more than 3,200 out-of-state businesses have registered with the state to collect and pay taxes to Kansas. Almost 600 of those have registered since August 1, 2019 when the Notice was published.
The Department of Revenue cannot select which laws it enforces. Kansas statutes are presumed to be constitutional, and unless deemed otherwise by a court of competent jurisdiction, the Department is obligated to enforce the statutes enacted by the Legislature.”
Agenda
Bourbon County Commission Room
1st Floor, County Courthouse
210 S. National Avenue
Fort Scott, KS 66701
Tuesdays starting at 9:00
Date: October 1st, 2019
1st District-Lynne Oharah Minutes: Approved: _______________
2nd District-Jeff Fischer Corrected: _______________
3rd District-Nick Ruhl Adjourned at: _______________
County Clerk-Kendell Mason
9:00-9:45-Jim Harris
10:00-10:15-Will Wallis-LED Sign
11:00-12:00-Justin Meeks
12:00-1:30-Commissioners gone to lunch
1:30-1:45-Carla Nemecek-Extension Update
2:00-2:15-EMS Update
Justifications for Executive Session:
Personnel matters of individual non-elected personnel
Consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship
Matters relating to employer-employee negotiations whether or not in consultation with the representative(s) of the body or agency
Confidential data relating to financial affairs or trade secrets of corporations, partnerships, trusts and individual proprietorships
Preliminary discussions relating to the acquisition of real property
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
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Local youth are invited to attend a royal celebration with all of their favorite storybook heroes at the Royal-Tea Party from 10 a.m.-noon, Oct. 5, at the Fort Scott High School commons.
Fort Scott High School Thespians will entertain youth of all ages with special treats and activities and party guests will win door prizes throughout the event. Some royal party hosts set to attend include Cinderella and her Evil Stepsisters, Maleficent and Sleeping Beauty, Moana and Maui, Ariel, Elsa, Princess Tiana, Tinkerbell and Peter Pan, and Jasmine and Aladdin, among others. The party includes tea with the Queen of Hearts, Alice, the Mad Hatter, and the March Hare. Kids can also enjoy Yoda Soda with Princess Leia.
Buddy the Elf from the FSHS production of Elf: the Musical will make a special appearance to build toys with the children.
Tickets are $10 at the door and benefit programs and activities for Thespian Troupe #7365, the Fort Scott High School theatre honor society.
For more information, contact Angie Bin, FSHS Thespian Director at 620-719-9622 or [email protected].
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