After approving the agenda, minutes, and payroll, the commission opened with public comments.
Derek Ranes: Noise Complaint
Ranes handed out an official document to the commission to voice his complaint to EvoTech, and a document of the decibel readings he was getting at his house.
When he asked when the resolution would go into effect, Commissioner David Beerbower said they would follow the proper procedure per the new noise resolution, including a letter to EvoTech, followed by further action as necessary.
County Clerk Susan Walker said that the resolution hadn’t been published in the newspaper yet, but it will go into effect after publication.
Lora Holdridge – Register of Deeds
Holdridge spoke with the commission about the return of property to the county from the hospital, per a previous agreement. She said that the current county counselor had contacted them numerous times with no result. She then created the deed, mailed it to the hospital, and got it back within a week.
It is now “of record,” giving back to EMS the east building next to the EMS that they have been waiting for for more than two years.
“I know that it’s not my responsibility to do some of that but after two years it’s time to stand up and do what needed to be done two years ago,” she said.
County Counselor Bob Johnson congratulated her on getting the deed done.
Holdridge addressed Commissioner Samuel Tran’s stated desire to build a team amongst the county departments. She said they are a team, but the current and previous commissions have made it hard for the county officials and department heads to work with them.
Holdridge also brought up a judgement against Waldrop Wireless. The county paid for a tower and repeater but the company didn’t provide the repeater, and the county was awarded a judgement as a result. Half of the money for the repeater was paid from the Register of Deed’s tech fund. She asked the commission to work to get the money back.
Holdridge also wanted to formally address concerns regarding space allocations within the courthouse and actions that have interfered with the execution of essential public duties. She said that on multiple occasions both the Register of Deeds and the County Clerk have advised the commission that they need to have dedicated space to properly house essential equipment to perform the required functions of their offices. This has still not been adequately addressed.
Commission Mika Milburn moved Holdridge from Room 12, changing the locks.
Milburn advised Holdridge not to continue to conversation in the public meeting, saying that things were taken from that room that shouldn’t have been taken, including an IT computer.
Holdridge said there was no problem until Shane started working in her space.
Beerbower said that the commission will discuss the use of space in the courthouse in a future meeting, but the details of untangling the current situation cannot be handled in this meeting. He also supported Milburn as the commission’s liaison to offices housed in the courthouse.
Milburn told Holdridge the conversation was over.
Smith
Mr. Smith spoke to the commission about his concern regarding the proposed resolution for designating Bourbon County as a Rural Opportunity Zone (ROZ), questioning the county’s ability to pay it and the legality of an irrevocable resolution.
Susan Walker said that the resolution is created by the Department of Commerce. It allows rural businesses to partner with the state to get help paying student loans of individuals they many hire. Section seven shows the county allocates $0 per year, which County Counselor Bob Johnson said relieves it of any liability. He said the county is just a conduit for the program and he doesn’t have any concerns about it based on past experience. He did offer to talk to the state and get a report from him.
Smith also addressed the 125 plan, saying that it was being pushed before the department heads and elected officials have had a chance to review it, “Putting the cart before the horse again.”
Smith is concerned that the county is now doing things to support television shows if they approve the signing of a letter of support for the Lawrence Welk Show. He called it a waist of time.
Ben Hall- Discussion Bitcoin Mining & Evotech
Hall owns property at 80th and Willow Road. Evotech approached him this summer about leasing a gas well on his property. They didn’t want to pay what he was asking.
The well has not been used since 2014 and the previous owner asked the state to plug it.
Last week a rural water department employee who was working on Hall’s property met a contractor for Evotech who claimed he had the right to access the property. Hall spoke to him on the phone and told him not to trespass on the property. He then made a report to the sheriff’s department about it. The sheriff’s department had already heard from the Evotech contractor, who had presented him with paperwork saying Evotech has rights to the well. That was the first Hall had heard of it.
He wanted to make the commission aware of what he called the bullying and harassment that EvoTech is committing. He lives one mile east of the other EvoTech gas well and cryptomine.
He also mentioned a statute that says that it is illegal to run machinery from direct pressure from a gas well. It must go into a tank or regulator first.
Bob Johnson suggested Hall look up the original lessee and see if they had allocated the lease to someone else. He said a simple affidavit of non-production does not always cancel a lease. The original term of the lease may affect that. He also suggested Hall talk to a lawyer.
The commission then conducted three executive sessions, one for attorney/client privilege and two for non-elected personnel. They returned to session with action: The commission voted to allow Milburn the authority to work with the newly hired executive assistant to get her set up in her new job.
Old Business
Handbook Review
Dr. Cohen, Bourbon County HR, said he had received only comments from Public Works regarding the handbook.
One had to do with wearing shorts. Tran said he wanted them to be safe when operating heavy equipment, and doesn’t approve of shorts.
Regarding take-home vehicles, Tran said the director and assistant director of public works should take home county cars so they can answer calls when off-duty.
Jennifer Hawkins said she submitted her questions and suggestions to Cohen’s office on Dec. 24. She pointed out some spelling and formatting errors.
Susan Walker said that several departments sent her their suggestions and she forwarded them to Dr. Cohen. The commission asked her to resend the suggestions, including the commissions in the message.
Hawkins also said there’s not bereavement or jury duty leave in the manual.
Set Public Hearing Date for Road Closure – Daniels
Date was set for Jan. 26th
Sanitation Violation Update – County Counselor Bob Johnson
KDHE emailed the county counselor and he spoke with the county sheriff and county attorney. There’s a reluctance to pursue criminal charges.
“What we can do is file a violation of the KAR based on the filings,” he said. He has heard from the owner and will contact her again. Civil court is the route the county should take.
New Business
Website – approval of access – Milburn-Kee
Approved adding the new executive assistant as an administrator to the county’s website.
Executive Assistant Introduction & Update – Milburn-Kee
Milburn said the new assistant, Laura Krom, is doing very well and diving right in. “So she’s doing wonderful,” said Milburn.
Letter of Support Request (Scott Wheeler)
Wheeler is attempting to get congress to acknowledge the contribution of the Lawrence Welk Show.
Beerbower expressed admiration for Wheeler’s mission.
The commission voted to sign the letter.
Resolution 01-26 Section 125 Cafeteria Plan Document, allowing county employee benefits to be deducted pre-tax
Susan Walker, County Clerk, said the county offers insurance benefits to retirees. Historically, retirees have used dental and vision, but not health insurance through the county because of the high cost of health insurance. They are only eligible until they can receive Medicare.
The county designated Laura Krom as administrator of the plan.
Resolution 02-26 Holidays and Paydays
Beerbower voted against it because he wanted a separate resolution for the landfill employees.
Resolution 03-26 GAAP Waiver
Tran asked why they need a waiver. Walker said that many municipalities don’t use GAAP (Generally Accepted Accounting Practices) because it is cost-prohibitive.
Greg Motley said that GAAP accounting would be worthless to the county.
Resolution was approved.
Resolution 04-26 Designation of Depositories and Official Publication Carrier
Resolution was approved.
Resolution 05-26 ROZ participation
Rural Opportunity Zone participation is a regular part of county business.
Resolution was approved.
Resolution 06-26 Meeting Date, Location and Time
Resolution was approved.
Resolution 07-26 Moratorium on Industrial Development
This moratorium came at the request of the planning commission. It would put new development on hold for 180 days and allow for an extension as needed. It would disallow any new development of utility scale power, crypto mining, data centers, or waste disposal operations. It’s not without possible contest, but it’s not uncommon.
Does not pertain to Tennyson Creek Solar LLC, Tennyson Creek Solar 2 LLC, or Hinton Creek Solar LLC.
Resolution passed.