August 24, 2021                                             Tuesday 9:00 am

The Bourbon County Commission met in open session for a 2022 budget session, all three Commissioners and the County Clerk were present.

Susan Bancroft was also present.

Due to COVID precautions, the meeting was closed to the public, but broadcast on YouTube.

Susan presented the Commissioners with a revised 2022 budget; she said the cost for all the department’s budgets + a 3% increase for non-elected personnel and benefits – costs the County $5+ million.  She said this figure also includes filling two vacant positions.  She was able to get the 2022 budget down to 62.5 mills, the RNR rate is 62.13; she said this was accomplished by using $250,000 of the Windmill money and by using ARPA funds (the County received $1.4 million in ARPA funds in 2021 and will receive the same in 2022, this money must be allocated by 2025).  She discussed the public safety budget and said she was budgeting to put them on a schedule to replace two vehicles each year.  She budgeted for all increases requested.  Susan said she would present final numbers to the Commissioners on August 25^th.  She budgeted approximately $350,000 for contingency expenses.  The RNR hearing will be September 7^th and the budget hearing will be September 14^th. Some departments requested increases to their budget; Jim questioned what they had budgeted the increases for; Susan reviewed the budgeted increases with the Commissioners.  She discussed the turnover in the correctional center; she said this was due to pay and said they needed to look at restructuring this.  Lynne discussed the holidays taken off, he said most of these holidays are the same as most businesses take off; Susan said the paid holidays off help offset the lower wages.  The Commissioners thanked Susan for her work on the budget.

At 9:41, Clifton made a motion to close the budget work session, Jim seconded and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Lynne Oharah, Chairman

(ss) Jim Harris, Commissioner

(ss) Clifton Beth, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

August 25, 2021, Approved Date

August 18, 2021                                             Wednesday 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 were the following: (some were present for a portion of the meeting and some were present for the entire meeting) Susan Bancroft, Rob Harrington, Brian Allen, Jimmy Kemmerer and Rob Harrington.

Due to COVID; the meeting was closed to the public, but broadcast on YouTube.

Clifton made a motion to approve the minutes from the previous meeting, Jim seconded and all approved.

Eric Bailey reported they have been asphalting on Eagle Road, but they had to stop due to a leak in the oil distributor; he said this is getting fixed and once the 2.7 miles are completed on 250^th they will move to 125^th.

They are crushing today.

Eric said the oil line came off of the motor on the Freightliner, he said they are waiting on the oil line to get this fixed, but the part has been delayed.  He said they are also waiting on the parts for the Mack truck.

They are putting tubes in near Garland, on State Line Road.  They are also working near the wood top bridge at Victor and 265^th.

They are ditching and putting a tube in at 245^th & Wagon Road.

Eric said they completed training on the CIC software last week and will now be tracking signs and bridges with the software.  They may start using the timeclock and said employees would clock in with their phone or on a computer, Jim questioned what they would do for employees if they didn’t have a phone or computer; Eric said they would cross that path when they come to it.

Eric said they have four mowers out mowing in the County.  Lynne said they needed to mow on Range between 105^th-125^th.

Eric said that State Tractor and Equipment brought a mini dozer for the County to try, Eric invited the Commissioners to come see this work.

Windmill update: Eric said they are working on 60^th between Birch and Cavalry.  He said there is one windmill up in Crawford County and said we should start to see them in Bourbon County in the next few weeks.

Jim Harris said that last year there were 44 bridges that needed replaced or shut down; Jim said he would get Eric this list if he needs to, but asked for a status on the bridges.

KWORCC annual voting delegate; the KWORCC meeting will be October 18, Jim said unless the COVID conditions change he would not be attending the meeting, Lynne said he wasn’t going to put his life on hold.  Clifton made a motion that Chairman Oharah be the voting delegate for Bourbon County and that he be the alternate voting delegate, Jim seconded and all approved.

Jim made a motion to approve the cereal malt beverage license for KC Mart at 2191 Soldier Road, Clifton seconded and all approved.

Clifton made a motion to go into a 15-minute executive session for KSA 75-4319(b) (1) to discuss personnel matters of individual non-elected personnel to protect their privacy to discuss job performance and job function, the Commissioners will meet in another location and reconvene in the Commission room at 9:32, Jim seconded and all approved, (the session included the Commissioners, Matt Quick, Justin Meeks and Susan Bancroft).  At 9:32, Clifton made a motion to resume the meeting with no action, Jim seconded and all approved.

Mary Pemberton (on the phone) discussed a topic she brought up a three weeks ago regarding County employees pay and benefits: Mary went over an email that she had sent to the Commissioners, she discussed benefits & time off for County employees and said the average employee gets 8 weeks off per year and said more employees are needed to cover all this time off.  Some of the County employees work a 35-hour work week; Mary suggested everyone work a standard workweek of 40 hours, she said this would result in a savings that could be passed on to the employees. She suggested modifying the vacation to 2 weeks/year and to allow time to be carried over and eliminate the use it or lose it policy.  She suggested changing the 13 County holidays to 8 or 10, changing the sick days to 3/year and make short term disability available, changing the pay scale, suggested discontinuing the longevity bonus and replacing it with an efficiency bonus.  She said by making these changes it would increase efficiency, reduce turnover and increase morale. Lynne said the only employees working 35 hours a week are a few offices at the Courthouse.  Lynne said a 35-hour workweek was offered years ago in lieu of a pay raise, he said they would need to question employees to see if they are willing to work 40 hours. Mary discussed fuel savings the Sheriff plans to start using and said all departments should be doing this.  Mary asked the Commissioner’s to use the PILOT money to lower the mill levy and not create any new spending with this money.  Lynne said so far $125,000 of this money has been used for economic development.

Jim Harris had scheduled an executive session to discuss non-elected personnel, but made a motion to amend the agenda to cancel the executive session until another person can be here, Clifton seconded and all approved.

County Counselor: Justin said the sewer service agreement had been reviewed by Mr. Farmer and said that he, Susan and Mr. Farmer would meet soon to finalize this, he said he hoped this would be done in approximately 45 days.

Justin said the tax sale is moving forward and said he Patty and Lora would be looking at the properties on the list.  He said they are doing well with collections regarding the tax sale.  Justin said personal service is impossible on a lot of the properties.

Justin said he had talked to the title company regarding the parcel on Main Street; he said it should be done soon and said the following would occur… the MOU would be waived, the property would be given to the County and then go to the new owner and then the money would go to pay the note off.

Justin read parts of an article from USA today where areas close to us were encouraging people to move to their area by offering incentives to move there.

Justin said he thought some of the PILOT money should be used to cut the mill levy.

Susan Bancroft: Susan gave the Commissioners a condensed version of the rules and regulations for the ARPA funds.  She said $800,000 had been delegated for healthcare (hospital feasibility study) and $200,000 delegated for broadband.  She said it is possible that wages for the Sheriff’s office could be paid with this money; Lynne said this may be a way to offset some of the expenses in the Sheriff’s office and said this money could be used to support public health, mental health and housing.  Lynne said the County has $400,000 left for this year’s allotment of the ARPA money.

The Commissioners will have a 2022 budget work session on Tuesday, August 24^th at 9:00 am.

Susan said she had scheduled 8 different meetings with insurance brokers and consultants wanting to quote the County insurance.  Currently the County is insured through the State Health Plan – and if the County were to sign a contract to continue the County will be locked into this contract for 3 years or get out of the contract by paying a penalty of 2 ½% of the premiums for every month left on the contract.  Susan said the State will not release the claims experience, she said due to this, the companies wanting to quote will not bid a price, but will present a policy.  Lynne said he was torn on this matter since the County spends so much on health insurance premiums.  Susan said the company Captive might work; Clifton said the County is already in a captive program with the State and said they would be just going from one to another.  Jim said several employees had asked him not to change insurance companies; he said the premiums are high, but said there are so many unknowns. Jim said this is a benefit that is great for our employees.  Clifton said he wasn’t a fan of being locked into a contract for 3 years; Susan questioned Justin if there would be anyway for the County to use a specific Statute to get out of this contract if there were financial concerns.  Jim suggested with Susan’s help, over the next 3 years they consider a self-funded option for the health insurance.  The meeting had to be temporarily suspended due to a technical difficulty.  Lynne suggested the process be started earlier for deciding on insurance, he said if the County went to self-funding, we would need a savings for the insurance.  Lynne and Jim both suggested the County stays where we are insured at and work towards a self-funded plan in the future. Lynne said the County could sign the contract and start the process next year, Clifton said the timing is bad and said there are things that could happen in the future.  Lynne made a motion to stay with the current Healthcare provider – the State, Jim seconded and all approved.

The Commissioners asked Kendell to check on getting insurance for the underground diesel storage tank at the hospital; Kendell told them she would.

Susan said she had been working on the 2022 budget and with the changes she has made the levy is currently flat.

Commissioner Comment: Lynne said Mary Pemberton mentioned that the County should be using a discounted fuel program; Lynne said that Public Works has been doing this for a long time and said some other departments have used this, he encouraged all the departments to use this.  Jim agreed and said this is a good way to save money.

Clifton made a motion that all three of the Commissioners be able to attend if they choose the 30 X 30 meeting on August 25^th @ 6:30 at the Sale Barn, Jim seconded and all approved.

At 10:45, Clifton made a motion to adjourn, Jim seconded and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Lynne Oharah, Chairman

(ss) Jim Harris, Commissioner

(ss) Clifton Beth, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

August 25, 2021, Approved Date

August 25, 2021                                             Tuesday 9:00 am

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

Clifton made a motion to approve the minutes from last Tuesday’s meeting and the budget work session meeting, Jim seconded and all approved.

Jim made a motion to approve the following culvert permits: one at 1851 Solder and one at 2122 Jayhawk, Clifton seconded and all approved.  Eric presented the following completed culvert applications: one for 130^th and Arrowhead and one for 2286 Poplar.

Regarding the asphalt machine: Eric said they are waiting to get the distributor back as well as a rubber boot.

Jim asked Eric to look at Jayhawk Road to the tracks on 230^th.

Eric said that 235^th is going to have to have chip and seal work done.  Lynne said his priority is 125^th and 120^th.

Jim said he had asked Van Keppel what caused the road damage on 230^th; they said this was a result of the work of the Blow Knox paver.

Eric said they will be crushing at the Beth Quarry next week and will be working 4-10 hour days and 1-8 hour day.

Eric said last week they installed 11 culverts; one of which was at 265^th & Victory and said that bridge there is now open.  He said they used the mini excavator as well as the backhoe to do this.  Eric questioned if they wanted to go out for bid for the mini-excavator, Lynne said the mini could speed up the culvert installations.  Jim said he didn’t support the mini excavator and said the one they had been using isn’t what he would call a mini, he said it is a big excavator.  Jim said he would support a used mini.  Clifton questioned what it would hurt to go out for bid, Jim said it is a lot of work to go out for bid if they aren’t sure if they are going to buy a machine.  After a lot of discussion, they tabled this conversation until next week.  Lynne said he would like to come watch the mini work.

Eric said they dug on Eagle Road in Garland; he said there is some sub base failure there.

They replaced the tube at 267^th & Eagle.

The Commissioners previously approved Eric bidding on a truck on Purple Wave, but Eric reported that the mileage was actually 684,000.  Jim made a motion to skip this equipment because of the mileage, Clifton seconded and all approved.

Windmill update: Eric said the 1^st windmill went up yesterday in Bourbon County – located at 20^th & Birch.

Bourbon County Health Insurance Contract; this  is a 3 year contract, Jim said by signing this and with Susan’s help this would give them some time and he hoped next spring they could study a self funded plan.  The Commissioners didn’t like that this was a 3 year commitment.  Jim made a motion to sign the SEHP contract effective 1/1/2022 to remain in the State pool and move forward with signing the contract, Clifton seconded and all approved.

Jim made a motion to amend the agenda for a 10-minute executive session, Clifton seconded and all approved.

Clifton made a motion to have a 10-minute executive session to discuss KSA 75-4319(b) (1) to discuss personnel matters of individual non-elected personnel to protect their privacy to discuss job performance, the Commissioners will meet in another location and reconvene in the Commission room at 9:40, Jim seconded and all approved, (the session included the Commissioners, Susan and possibly Justin Meeks by phone).  At 9:40, Clifton made a motion to resume the meeting with no action, Lynne seconded and all approved.

Lynne made a motion to appoint Clifton Beth to the SEKAAA board, Jim seconded and all approved.

David Everett (by telephone) with the butterfly weed club of SEK said they plan to restore the habitat for the Monarch butterflies. He said possibly next spring they would be planting milkweed around the County for the habitat.  Susan said the City of Fort Scott has a parks committee and said they would like to do something like this at the 2^nd street park.  David said that anyone interested in helping with this project can call him at (620)644-8217.

Lynne made a motion to amend the agenda to allow elected officials comment, Jim seconded and all approved.

Lora asked when the departments would know whether their budget requests were accepted, and asked when we would get the 2020 audit.  Susan said she is waiting on a call regarding the audit, Susan said she budgeted what she had requested.

Clifton made a motion to amend the agenda to allow a 20-minute executive session for security, Jim seconded and all approved.

Clifton made a motion to go into a 20-minute executive session for KSA 75-4319(b)(12) to discuss matters relating to security measures, if the discussion of such matters at an open meeting would jeopardize such security measures the Commissioners will meet in another location and reconvene in the Commission room at 10:22, Jim seconded and all approved, (the session included the Commissioners, Brian Allen, Susan Bancroft and Shane Walker).  At 10:22, Clifton made a motion to resume their normal session, Jim seconded and all approved.

Clifton made a motion to amend the agenda for another 10 minute executive session regarding personnel matters, Jim seconded and all approved.

Clifton made a motion to go into a 10 minute executive session for KSA 75-4319(b) (1) to discuss personnel matters of individual non-elected personnel to protect their privacy to discuss job function and job performance, the Commissioners will meet in another location and reconvene in the Commission room at 10:33, Jim seconded and all approved, (the session included the Commissioners, Susan Bancroft and Ashley Shelton).  At 10:33 Clifton made a motion to resume the normal session with no action, Jim seconded and all approved.

Clifton made a motion to amend the agenda to allow Susan to speak ahead of the County Counselor while they were waiting on him to call, Jim seconded and all approved.

Susan said the RNR hearing will be September 7^th at 9:00 am, with a proposed tax rate of 62.500 mills.

Jim made a motion to permanently move the County Commission meetings to Tuesdays, Clifton seconded and all approved.

Jim made a motion to move the Commission comment ahead of the County Counselor, Clifton seconded and all approved.

Jim said the Rural Water District #2 (who has meters in Bourbon, Allen and Neosho County) is losing water each month and want to go to different meters.  For the Bourbon County office, this project will cost $18,251.05; Jim said they asked if the ARPA funds could be used for this project; Susan said the ARPA funds could be used for this project.  Susan will request the financial statements from the Water District.  This will be discussed again next week

Clifton made a motion to have the next Commission meeting on August 31 instead of September 1^st, Jim seconded and all approved.

Clifton made a motion to go into a 15 minute executive session for KSA 75-4319(b) (1) to discuss personnel matters of individual non-elected personnel to protect their privacy to discuss job description, job performance and HR issues, the Commissioners will meet in another location and reconvene in the Commission room at 10:59, Jim seconded and all approved, (the session included the Commissioners, Susan and Justin (by phone).  At 10:59 Clifton made a motion to resume with no action, Jim seconded and all approved.

Clifton made a motion to go into a 6 minute executive session for KSA 75-4319(b) (2) for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship with possible litigation, the Commissioners will meet in another location and reconvene in the Commission room at 11:06, Jim seconded and all approved, (the session included the Commissioners and Justin (by phone).  Clifton made a motion to return to the normal session with action, Jim seconded and all approved. Clifton made a motion to allow Chairman Oharah, Susan and County Counselor Justin Meeks to investigate a possible employee malfeasance matter and if they see fit to move forward with an outside firm to do that investigation, and to investigate an HR issue, Jim seconded and all approved.

At 11:07, Jim made a motion to adjourn, Clifton seconded and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Lynne Oharah, Chairman

(ss) Jim Harris, Commissioner

(ss) Clifton Beth, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

August 31, 2021, Approved Date

Agenda

Bourbon County Commission Room

1st Floor, County Courthouse

210 S. National Avenue

Fort Scott, KS 66701

Tuesdays starting at 9:00

Date: September 7, 2021

1st District-Lynne Oharah                                                                Minutes: Approved: _______________

2nd District-Jim Harris                                                                      Corrected: _______________________

3rd District-Clifton Beth                                                                              Adjourned at: _______________

County Clerk-Kendell Mason

MEETING HELD IN THE COMMISSION ROOM WITH NO PUBLIC ATTENDANCE (PUBLIC 

ATTENDANCE VIA YOUTUBE)

Call to Order

• Flag Salute
• Approval of Minutes from previous meeting
• RNR Hearing Rate
• SEKRPC

CDBG Public Hearing

Adoption of Resolution Certifying Legal Authority to Apply

Adoption of Resolution Assuring KDOC that Funds will be Continually Provided for the Operation and         Maintenance of Improvements to the CRWD2 Waterline System by CRWD2

• Eric Bailey – Road and Bridge Report
• CIC Contract
• County Counselor Comment
• Susan Bancroft, Finance Director Comment

ARPA Funds

• • Public Comment
  • Elected Officials Comment

• Commission Comment

Justifications for Executive Session:

          KSA 75-4319(b)(1) To discuss personnel matters of individual nonelected personnel to protect their privacy

          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

          KSA 75-4319(b)(3) To discuss matters relating to employer-employee negotiations whether or not in consultation with the representative(s) of the body or agency

          KSA 75-4319(b)(4) To discuss data relating to financial affairs or trade secrets of corporations, partnerships, trust, and individual proprietorships

          KSA 75-4319(b)(6) For the preliminary discussion of the acquisition of real property

          KSA 75-4319(b)(12) To discuss matters relating to security measures, if the discussion of such matters at an open meeting would jeopardize such security measures.