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Category Archives: Bourbon County
SEK Health Department: All Vaccines Available
The Southeast Kansas Multi-County Health Department has all 3 COVID-19 vaccines available at their offices.
To get vaccinated, call for an appointment.
“Things are seeming to pick up with children getting vaccinated, but there are still more adults getting vaccinated than children,” Rebecca Johnson, administrator, said. “I’m glad for the increase in children’s vaccinations but wish we’d see more getting the shot. This will decrease quarantines and time missed from school and work, that is something encouraging for parents!”
“There’s quite a bit of information for parents online about safety of the vaccine for children. I recommend reviewing information from the CDC.”
“With any variant, there is always fear of the unknown, but we are monitoring this new variant (Omicron) and staying up to date with what information KDHE has to provide, the CDC, the other Health Departments in the state as well as information we get from our bordering states. I would recommend our residents stay vigilant in their mitigation against COVID-19, stay home if they’re aware they have been exposed to the virus and stay home if sick! ”
The department is located at 524 S. Lowman, Ft. Scott, KS 66701
Phone (620)223-4464, Fax (620)223-1686
From the Kansas Department of Health and Environment:
“No confirmed cases have been identified in Kansas or the United States to date. This variant is new, and it is still unknown how transmissible or contagious this variant is. It is unclear how quickly it will spread, but it has been found in 17 countries already and we should assume that it is only a matter of time before it will be found in the United States. KDHE will continue to sequence positive COVID-19 samples to look for the Omicron variant.
With over 64% of the eligible population fully vaccinated, Kansas is more prepared for Omicron than previous variants. Experts continue to believe that the COVID-19 vaccine will continue to protect those who are vaccinated against severe disease and death. The COVID-19 vaccine is available for all individuals aged five years and over. The vaccine booster dose is available for all adults aged 18 and over. Boosters increase the strength of your antibody response, so even if the virus mutates, a boost makes it more likely that your antibodies can prevent you from getting sick or seriously ill, even with the new variant. If you are six months past your second dose of the Pfizer or Moderna vaccine or two months past your J&J vaccine, get boosted now.
As we continue to learn more about the Omicron variant, taking steps to prevent the spread of the COVID-19 virus remains the same. Kansans should receive the COVID-19 vaccine or booster shot, wear a mask in public indoor settings, wash their hands frequently, physically distance from others as much as possible, stay home if they feel sick, and get tested if they have been exposed to COVID-19 disease or have symptoms.”
CASA Christmas Dec. 10
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Bourbon County Commission Agenda For Nov. 30
Agenda
Bourbon County Commission Room
1st Floor, County Courthouse
210 S. National Avenue
Fort Scott, KS 66701
Tuesdays starting at 9:00
Date: November 30, 2021
1st District-Lynne Oharah Minutes: Approved: _______________
2nd District-Jim Harris Corrected: _______________________
3rd District-Clifton Beth Adjourned at: _______________
County Clerk-Ashley Shelton
MEETING HELD IN THE COMMISSION ROOM
Call to Order
- Flag Salute
- Approval of Minutes from previous meeting
- Eric Bailey – Road and Bridge Report
- Jody Hoener – BBCO Pathways Sign Placement
- Sheriff’s Office – HVAC Bids
- Kelly Sartorious – National Heritage Area
- 30 X 30 Resolutions
- December 28 Commission Meeting
- County Counselor Comment
Executive Session – 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
- Susan Bancroft, Finance Director Comment
Executive Session – 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
-
- Public Comment
- Elected Officials Comment
- Commission Comment
There will be a joint meeting with City and County Commissioners at the Empress Event Center at 12:00 noon. This meeting is open to the public but will not be viewable on YouTube.
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.
Bandera Stone to Open Showroom In Uniontown
Don and Mary Pemberton, owners of Bandera Stone, Inc. are in the process of restoring and remodeling the storefront on the north side of Uniontown’s square.
The building is located at 103 Third Street.
Their business offers stone products for both interior and exterior, commercial and residential projects, all from local quarries.
“Bandera Stone quarries and fabricates natural limestone and sandstone: full depth veneer, thin-cut veneer, landscaping, pool coping, sills, caps, hearths, mantels, countertops, and other dimension stone products,” Mary Pemberton said. “At our Bronson Quarry, we also have a crusher plant and provide a wide range of crushed stone products including road rock, ¾”, 1-1/8” and 2” clean, crusher run, ditch liner, and agriculture lime with a CCE in the mid to high 90’s.”
They offer a range of stone colors, with the product drawn from the several quarries in Kansas and Missouri that the Pemberton’s operate.
“We specialize in custom cutting each order using these unique stones,” she said. “Our stone is shipped all across the country but primarily west of the Mississippi River. Our biggest markets are in Montana, Idaho, Colorado, California, Tennessee, and more locally in the Kansas City area.”
“You can find our stone on projects throughout Bourbon County including the LaRoche Stadium and the Fort Scott Community College baseball fields, (Fort Scott’s)Heritage Park, the Fort Scott National Cemetery, Uniontown City Park, as well as numerous private residences,” she said.
The business needed to relocate its office and wanted to combine it with a showroom to better display their stone products and enable customers to visualize options for their project, she said.
“We considered several options, including building new, but always liked the idea of restoring an older masonry building,” she said. “We decided on Uniontown for the location and just began asking building owners if they would be interested in selling. We were able to purchase the former café building, one of the few older structures left on the Uniontown square.”
They discovered their newly purchased building was in very poor structural condition.
“In October, we started a total gut-job remodel which included changing the flat roof to a gable roof as well as refacing two of the exterior walls which were extremely deteriorated,” she said. “Inside, absolutely everything will be new. The front half of the interior is the showroom which will display a variety of our veneer and cut stone products installed as it would be on a residential project. The back half of the interior contains restrooms, a conference room, file room, etc. ”
“We expect to have the remodeling completed in late January, barring delays with materials or contractors,” she said. “In the spring, I hope to begin painting murals which will cover the brick exterior east wall. Once the remodeling is finished and stone installed in the showroom we will have an open house so everyone can come and see.”
History Of Bandera Stone
“Don was a second-generation stone and brick mason so he had 15 plus years of masonry experience before founding Bandera Stone in 1988,” she said. “We purchased the Bandera Quarry near Redfield and initially only supplied veneer stone.”
Within a few years, the Pemberton’s started a Bronson quarry that supplies Winterset Limestone, which has become the most popular and versatile stone they sell, she said.
They also bought the former school building in Redfield to expand into cut stone.
“Over the years we have continued to expand, adding quarries and buildings, and equipment at the cut stone mill, as we could afford it. In Bourbon County, we now have our stone mill in Redfield, our primary quarry just east of Bronson, and soon to be our office and showroom in Uniontown.”
For more information call or text 620-223-3920 or email [email protected].
The website is www.banderastone.com
Low-Cost Tree and Shrub Seedlings Available December 1st
District Extension Agent, Horticulture
Southwind Extension District
111 S. Butler
Erie, KS 66733
Office: 620-244-3826
Cell: 620-496-8786
The Kansas Forest Service is offering low-cost conservation tree and shrub seedlings for purchase again this year. These seedlings are to be used in conservation plantings, such as home/livestock windbreaks, living snow fences, Christmas tree plantations, firewood lots, habitats for game birds and wildlife, barriers to reduce noise pollution, blocking ugly views, marking property lines and creating habitat for songbirds.
These plants are 1 or 2 years old, and their sizes vary from 5 to 18 inches, depending on species. Most of the trees are bare-root seedlings, however some are available as container-grown seedlings such as Ponderosa pine and Southwestern white pine. Some of the deciduous trees that are available include: bald cypress, black walnut, bur oak, cottonwood, hackberry, redbud, and sycamore. Shrubs available include American plum, chokecherry, lilac, and sand hill plum. This is not a complete listing of available trees and not all trees are recommended for this area.
The Kansas Forest Service also offers tree “bundles” for purchase. The Quail Bundle offers a variety of shrubs designed to attract quail, including American plum, fragrant sumac, golden current and chokecherry. It was created in cooperation with Quail Forever to provide excellent food and habitat for upland bird species in eastern Kansas.
Another popular favorite is the pollinator bundle. Designed to improve the habitat for a diverse array of pollinating insects, it primarily focuses on native bees, honey bees, butterflies and moths. This bundle is composed of seven species of shrubs and small trees – American plum, chokecherry, golden currant, false indigo, elderberry, buttonbush and eastern redbud.
Not certain what you would like to order? Then stop by the Extension office and pick up a brochure that has color pictures of various trees and shrubs at maturity. Orders for conservation trees are accepted December 1st through the first full week of May, with shipments beginning in March. However, I recommend that you order early to ensure availability of trees. Order forms and price sheets are available at the Southwind District Extension Office in Erie, Iola Fort Scott, and Yates Center or can be mailed or e-mailed.
Krista Harding is a K-State Research and Extension Agricultural agent assigned to Southwind District. She may be reached at [email protected] or 620-244-3826.
K-State Research and Extension is an equal opportunity provider and employer.
Bourbon County REDI Awards Local Communities Grants
The Bourbon County Regional Economic Development Inc., REDI, Board of Directors and Economic Development Director Rob Harrington has given out $80,000 worth of Quality of Life Grants over the past few months.
These grants were all made possible by the Bourbon County Commission and the APEX Wind Farm PILOT.
REDI back in the summer was given $125,000 to begin awarding out to the communities and non-profits across the county for quality of life projects such as parks, ball field renovations, and walking trails.
So far every community in Bourbon County that has applied has been awarded of grant.
The City of Bronson was awarded $10,000 to help renovate the Bronson Ballfields.
The City of Uniontown was also awarded $10,000 to help repair the pond out by Uniontown Schools which several of the classes use for teaching and recreation for the community.
Redfield was awarded money to repair their ball fields, and the City of Fort Scott just recently received a check to help with their new bike trail at Gunn Park.
“These grants are to help communities build up recreational opportunities for their citizens so that it continues to be a great place to raise a family. We are excited to see so much great work being done with the PILOT money from APEX Energy,” said Harrington.
“We will be awarding several more grants in the next month, and are looking forward to next year when we can hopefully expand the scope of the grant to include small infrastructure projects such as sidewalks, and ADA accessibility improvements,” he said.
The Bourbon County Regional Economic Development Inc. is a 501c-3 not-for-profit that oversees all of the economic development duties for the county and the City of Fort Scott.
If you would like to talk to Harrington about how you can help be a part of the work they are doing please feel free to email him at [email protected].
—
Robert Harrington MPA MEDP
Director
Bourbon County REDI
200 S. Main Suite 200
Fort Scott, KS 66701
email: [email protected]
Office: 620-644-7967
cell: 620-215-0144
City/County Commission Meet Together Nov. 30
The Fort Scott City and Bourbon County Commissioners will hold a work session on Tuesday, November 30th, 2021 at the Empress Event Center, 7 North Main Street, Fort Scott, Kansas at 12:00 p.m. Even though a majority of City Commissioners will be present, no City business will be conducted.
Bourbon County Coalition Agenda for Dec. 1
Bourbon County Inter-Agency Coalition
General Membership Meeting Agenda
December 1, 2021
- Welcome:
- Member Introductions and Announcements:
- Program: Update on Communities in Schools presented by Rhonda Hoener, Winter Moore, and Lewis Dunkeson.
- Open Forum:
- Adjournment: Next General Membership meeting will be January 5, 2022, at 1:00 p.m.
Bourbon County Commission Agenda for Nov. 30
Agenda
Bourbon County Commission Room
1st Floor, County Courthouse
210 S. National Avenue
Fort Scott, KS 66701
Tuesdays starting at 9:00
Date: November 30, 2021
1st District-Lynne Oharah Minutes: Approved: _______________
2nd District-Jim Harris Corrected: _______________________
3rd District-Clifton Beth Adjourned at: _______________
County Clerk-Ashley Shelton
MEETING HELD IN THE COMMISSION ROOM
Call to Order
-
- Flag Salute
- Approval of Minutes from previous meeting
- Eric Bailey – Road and Bridge Report
- Jody Hoener – BBCO Pathways Sign Placement
- Sheriff’s Office – HVAC Bids
- County Counselor Comment
- Susan Bancroft, Finance Director Comment
- Public Comment
- Elected Officials Comment
- Commission Comment
There will be a joint meeting with City and County Commissioners at the Empress Event Center at 12:00 noon. This meeting is open to the public but will not be viewable on YouTube.
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.
Bourbon County Commission Minutes of Nov. 12
These minutes were taken from the Bourbon County website.
November 12, 2021 Friday at 2 pm
The Bourbon County Commission met in open session with Lynne, Jim, Clifton, the County Counselor, and the County Clerk.
Also present for the meeting were Eric Bailey and Susan Bancroft.
Justin advised that meeting was being held due to some activity that is happening at Beth Quarry and wanted to make sure all of the commissioners were on the same page. There are two areas to discuss, the right of first refusal and the land itself. Ms. Beth also has a request to make.
Justin said we’re talking about a seam that runs to the west of our current location so at the query basically the rock went from the east to the west and the east part of the seam is a creek that runs through, and you can’t go any farther east. You can’t go any farther north because that’s a different property line. If you go south there’s a county road so you can’t go that way, so the only way to go is to the west on this property. Before the commission either accepts or denies the right of first refusal Ms. Beth has a request for some aggregate out of that area.
Ms. Beth was contacted by phone and said she would like to request that she can take approximately 15,000 tons of her own rock to the west of the current quarry.
Justin said he was contacted by Eric Baily on Monday and asked to go to the Beth Quarry to see what had happened and to get it to abide by the contract. What Ms. Beth is requesting is we’ve run out of our current our current mapping area and so for us to take the election under the contract there’s a right of first refusal. Justin said he is assuming this commission is going to vote to enact that right of first refusal and have our query move to the west but before you accept that she’s requesting that she could take x amount out of her rock from that area.
Jim made a motion that we accept Ms. Beth’s request and extend our option to lease to the west that description that’s on the nail and allow her to pull out fifteen thousand tons. Lynne seconded the motion.
Justin said that before they move forward with discussion, he wants commissioner Beth to talk about waiver of any self-dealing.
Commissioner Beth stated ”I have no right to that land, it is owned by my mom fully and she controls it. My sister farms the ground i have no financial incentive on that property at all.”
Justin said he had some clarifying questions “commissioner you’re not you’re not in the will or any of any estate stuff you’re not going to inherit any of that land?”
Commissioner Beth answered “Correct, I am not so there’s no financial there’s no financial incentive whatsoever for me in that property.”
Justin said that he just wanted to clarify that on the record.
Commissioners Oharah and Harris Voted in favor, Commissioner Beth abstained, motion carried.
Justin said he would like to speak regarding the contract with Beth Quarry and some clarifying issues that they’ve had some difficulty with. First is section 10., which was just used as the right of first refusal. The commission has designated the first sentence or the first couple lines which are of interest for the next comment with regards to some aggregate that was in the quarry. If any minerals as distinguished from sand gravel and rock shall be found on the lease premise they shall belong to the lessor, but the lessee has the right of first refusal an option to mine them under such terms and conditions as the parties they may agree. The first writer first refusal was just done but there is another part in the royalty section that says that the leaser has a personal use for the ground. The reason why these two are important is that there was some rock that was taken from the east side of the quarry. It is yellow rock and was taken from the actual wall itself on the east side. It needs to be defined what happens with the overburden, the leftover waste, the stuff that’s laying around the field that hasn’t been touched for 20 years. How does that tie into this contract? Justin said it is tough to figure out because if someone would come in and want to take some that overburden to put on their pond dam, that is different than aggregate. If they want some of that yellow rock that is on the side of the all, how does how does that language work out within the contract? Justin said he thinks these are some of the things that need to be talked about for future. He said he was Thomas Quarry this morning and the overburden is immense, they would love to have someone come in and take that off if that is legal because we’re going to be trucking that to the to the south of that query. He said they need to figure out the language that is needed for the future so that they will not have this problem again. He said he likes to solve things for 20 years down the road and this contract didn’t help with that.
Clifton stated “I mean let’s be clear the, contract’s a joke. It was taken, it was the absolute taking advantage of a grieving widow at the time. Pathetic by the past commission and road and bridge department.”
Jim stated, “Let’s make it very clear here that I wasn’t here then.”
Clifton stated, “This was previous of everybody here.”
Jim recommended getting a new contracted for Beth Quarry.
Lynne said there is waste at all of the county quarries and if you can get rid of it why don’t we?
Jim said that you have to take into consideration the reclamation agreement we sign with the property owner which states and we will not remove that dirt.
Lynne said that a lot of them don’t get reclaimed, they are turned into lakes.
Jim agreed but said the contract was still signed stating that it wouldn’t be removed.
Justin advised that this is learning process and things change but would recommend talking with the landowners to determine what their intent for the land is in regards to the reclaiming process and the contracts.
Jim said he thinks that is a great idea right but that is something that would have to be presented to the state.
Justin said we would want to dot our I’s and cross our t’s but it changes the ideology of what happens with that overboard.
Lynne said that the next time we move over overburden we better find a permanent place for it because right now it’s going to cost us a lot of money to get some of that overburden going.
Jim said If you remember, two years ago Jeff Fisher stopped us from moving that.
Lynne agreed that he did but we also paid thirty thousand dollars to get that overburden moved and we moved it to the wrong spot.
Justin said he is not the county administrator, I’m not paid to be the county administrator. There is some legalese that we just took care of and we have one more little hiccup here that I want to make sure we bright line but the county needs a person to touch these types of things. We need somebody to be the go-to person on these so that we can centralize these types of issue.
Justin said that the reason Eric is here is if we need him to talk about what that east wall had for rock. It is very yellow, and it was there forever it hadn’t been touched and we can’t do a blast there. The Beth family would still like to use some of that, they have used some and they didn’t really understand the process with the contract. The right of first refusal was done today and there was maybe a little hiccup there too but I just know we’re working really well together and I want to keep that going. So if we can figure out a way to deal with this overburden and this stuff that we’re never going to use, I mean I’ve never seen yellow rock on the road, it turns to powder. We can’t go any farther east because there’s a creek there and that’s where allegedly that’s where this rock came from.
Jim said he believes that 100 percent but someone needed to tell him and the public that so they will get off my hind end.
Justin said he wants to clarify this for future because we learned something here, this contract was written in 2012. None of us in the room were here. If we need to we can rewrite it but i think the overburden issue is something we could clarify with all four quarry owners and see what their intent I, because Shepard especially we have a lot of overburn that we’re going to have to move to the south because the seams have some clay in them and it’s got some dirt and stuff in it so we can’t go any farther to the to the west so that overburden’s going to have to be pushed pretty far. If that person is wanting to have a have the reclamation occur or reclaim it then i think the overburden idea would be different their and Thomas especially because we’re going to have to move some dirt a really long ways away if we’re going to have that reclaimed.
Jim said the goal at Thomas Quarry was always to move it to the south border and constructive permanent berm.
Justin said that didn’t happen.
Jim said he knows it didn’t but they tried for almost three years to get that done.
Justin said that the reality is that there is a mountain right in the middle of our blast area.
Jim said a lot of it we created and some of it Mr. Thomas was involved in. He said that the county created some of it because we continued to blast and the commission of that era at the time didn’t want us moving it so we just continued.
Justin said there is absolutely zero fault here. One other thing legally that is the difference between the Beth quarry contract and the other ones is the aggregate that the family gets. I think the other queries have a certain percentage that is piled up for the family use, Shepherd gets so many tons, Thomas has to buy every ton. I don’t know, I wasn’t there in the negotiations in 2012 but we do have an inconsistency with what happens with the gravel.
Jim said that he would suggest we get Ms. Beth a new contract it’s like the rest of them. I believe him, he said that she was taken advantage of and we shouldn’t do that.
Justin said he is all for writing a new contract because it really helped him clarify some things.
Jim made a motion to allow county counselor Meeks to draw up a new contract for Ms. Sandra Beth as we move further onto the new lease property.
Clifton advised that he will abstain from it again just for the sake of argument although he doesn’t think he should have to.
Lynne seconded the motion.
Lynne said that one of the things should be discussion with the landowner to do is see if we can get nailed down what their intent is. One of the things that have been discussed is some of the overburden is built as a wall for the blast that we can’t get rid of course, by the state statutes we’ve got to keep it for reclamation which really makes not too much sense for the simple fact that most of the trash is already out of the quarry and there is going to be a hole there no way if ands or butts about it.
Justin said he wanted to go back to another issue and not just talk about the reclamation, He wants it to be really clear that at the Beth Quarry we have run out of space. Our initial contract is and this goes to Jim’s point, it’s an open road you can almost see the query from the road but there’s a fence line that runs north to south and we’ve basically butted up to that fence line, so for us to go any farther west we have to really take that right off for some new contracting. Lynne said we’ve had discussion more than once about going west in that quarry because that was our only option prior to Jim being a commissioner.
Justin said he will talk to talk to Ms. Beth and just for the record I don’t represent or have any legal representation, she’ll have to hire an attorney to review the contract I have never done any work for her at all.
Lynne and Jim both voted in favor, Clifton abstained, motion carried.
Justin advised that that under the new contract he thinks we should probably go to some aggregate being given by a certain percentage to the to the land owner the reason I’m saying to do that instead of having them buy it for four dollars a ton is that we have a really hard time managing what’s being taken out.
Clifton said that there are no scales so it’s impossible to weigh.
Justin but if someone puts a pile in a pile in another location and that’s their pile.
Jim said you should be able to measure by the bucket.
Justin agreed, our trucks have a better guess than just letting them come in and buy it.
Lynne said that it is not cost effective to buy scales and weigh everything.
Justine agreed and said that if they have their own pile we know kind of what was dumped there we have really good control of within a couple of tons of what’s in that pile.
Jim make a motion to adjourn, Clifton seconded, all approved
Meeting adjourned at 2:18 pm
THE BOARD OF COMMISSIONERS
OF BOURBON COUNTY, KANSAS
(ss) Lynne Oharah, Chairman
(ss) Jim Harris, Commissioner
(ss) Clifton Beth, Commissioner
ATTEST:
Ashley Shelton, Bourbon County Deputy Clerk
November 23, 2021, Approved Date
Bourbon County Commission Minutes of Nov. 16
The minutes are taken from the Bourbon County website.
November 16, 2021 Tuesday at 9 am
The Bourbon County Commission met in open session with Lynne, Jim, Clifton, the County Counselor and the County Clerk.
Also present for the meeting were, (some were present for a portion of the meeting, some were present for the entire meeting) Anne Dare, Michael Hoyt, Deb Martin, Larry Martin, Sparky Schroeder, Donna Banwart, Sarah Klassen, Loretta George (Fort Scott Biz), Rob Herrington, Drew Soloman, Drew Talbot, and Kayla Stewart.
Eric Bailey reported that there was 1 permit for Melvin MacFarlane on an extension at 1048 240th St.
Jim made a motion to approve an extension on the culvert at 1048 240th St, Clifton seconded, all approved.
Eric reported that at Thomas Quarry they are removing overburden. Someone ran through the gate over the weekend, but it is fixed and put back and it was reported. They are having a meeting with John George this Thursday around 9 am to look at Birch Road east of Highway 3. He’s got an idea for us to get a crossroad tube that’s collapsed to put in get the water draining to the south where its natural flow goes which will cut down on the erosion in the ditch which is three foot or so deep. It’s been fixed but it’s coming back.
Eric said that on Yale Rd the large patch jobs are completed, there’s a few small ones that we have to go back and do with pothole patchers. Then we’ll look at getting started with reclaiming the asphalt from the west entrance west to where it was left off before. Eric also said employees were asking about longevity pay and if that was happening again this year and when. There was discussion, the commissioners said they would check with Susan and let him know.
Eric said we have a couple items we would like to list on Purple Wave. One is a 2008 Sterling, the other is a 1996 Ford that was the old bridge truck. I don’t know thoughts, but I think it would be well worth getting on Purple Wave and getting them out of our inventory. The Ford has a blown motor, and the Sterling you don’t know if it’s going to run or not. We’ve had it serviced several times and quite a bit of money has been put into that truck, it’s time to let it go.
Jim made a motion to allow Public Works Director Bailey to post a 2008 Sterling model number AT9500 and the 1996 Ford model number F8000 on Purple Wave auction, Clifton seconded, all approved.
Discussion was held regarding if a replacement would be needed for the items being sold. Eric advised that they did get a new Mack not long ago to replace the other Mack but that they are looking since things are hard to find right now but they are getting by with what they have for the time being.
Eric said that he has gathered some information on the 13 acres to the south of the landfill, he has a little bit more to do and should have a recommendation at the next meeting.
Eric gave an update on the windmills. He said that the final erection is complete, they did the final road crossing Saturday morning about seven or eight and then they did the final highway crossing that afternoon right around noon, so the final crossing is done. The topouts are done, and erections are complete. There are 70 total windmills, 56 in Bourbon County and 14 in Crawford County. Now they will start with reclamation or restoring back to original condition and will follow the road use agreement that’s been put in place. The agreement has been a very good document to have, and they’ve been very good to work with and follow the road use agreement. Frank has been a lot of help; he has helped us out with several different little items that have popped up. There is a bridge deck that when
everything is completed will need fixed. It is not a danger and will be an easy fix and the windmill company will pay for it to be fixed. It come loose a little bit on one corner but want to wait until everything is complete and out of the area before we fix it.
Lynne stated that they had a request a long time ago on Maple Road at the intersection of 75th and Maple, on the southeast corner, they had asked if we’d go in and put some riff raff in that ditch where it’s deep. Lynne said it does have some erosion and asked Eric to take a look and see what he thinks.
Eric said they are hauling some rock from out at the windmill area, that has been really good clean volleyball,
basketball, and softball size and it is good to line ditches. He said they are hauling a little bit of that to Uniontown now for the county’s portion of the grant for the pond. He said that they are stockpiling it there so that way when they’re ready to start their project it’s already there and they won’t have to stop what they are doing. He said that they would take a look at it.
Clifton asked if anything had been done with the area by the state line they had discussed. Eric said that they are headed up there to get it done, there is a crossroad tube that is in dire need of being replaced and that is our little section that we get to take care of. He also said that Craw-Kan is in that area putting fiber in and they want to get it done before the fiber goes in.
Lynne said that he had something from Joe George up around 75th and Quail, he didn’t give a specific location and said that there is a culvert that needed to be cleaned out. Lynne gave his number to Eric.
Susan presented the sewer agreement for the district number one and the lake sewer residents. She said that the main changes in this agreement are under the section non-residential users, and it talks about if going forward they have any commercial or industrial user adding to the system how we will handle them. She said that how they been handling Saint Martins is they actually meter the sewage coming out. They have a lift station, and the city is able to capture the hours and then that is converted into usage and then they are charged based on that because they do a lot of extra things, like watering their animals and things like that. Since you don’t want to capture the watering, we thought that the best thing to do is to look at the lift station and that’s been working out very well. Susan said that moving forward, anybody that signs on that’s not in the district then, they’ll pay time and a half for sewer service
and then they’ll have to pay a $2,000 hookup fee. That hookup fee is for all the materials that the city would have to provide to let them tap into our sewer main as well as a $150 deposit.
Clifton Made a motion to approve the sewer agreement, Jim seconded and all approved.
Eric said that he had one more update. He said that the bridge on 7 and 39 Hwys just to the west of the junction, he did receive word back from KDOT that they’re having trouble with asphalt. They required a contractor to come back in and mill it off and relay a layer of asphalt. It has been milled off and they hope to have the asphalt laid and the bridge opened up by the end of next week.
Presentation on the 30 by 30 executive order and the Freedom Frontier National Heritage Area as follows:
Good morning. I’m Debbie Martin, I’m a lifelong resident of Bourbon County. Thank you for the opportunity to address this commission on our concern of the 30 by 30 executive order and the Freedom Frontier National Heritage area which encompasses 41 counties along the Kansas and Missouri border. We have three other people on to speak and would appreciate your questions at the end of our presentation, thank you. As you know our business for Fort Scott Livestock Market hosted an informational meeting on this topic. This program was very well attended by probably 100 to 125 citizens of not just Bourbon County but surrounding Kansas and Missouri. People see that our federal government is on a power trip; they use double speak and terms that seem to make it sound so innocent. Why would anyone be against preserving history heritage. We are not against these things. Our concern is the government not
pinpointing a certain designated area by putting themselves in the position to take it all for any reason any time and
the bureaucracy that goes with it. What about the unelected committees, boards, and political favors made by the department of interior who will answer to no one? We know the goal of the government is to control private property and still make us pay for it through high taxes and regulation. Private property has made this country what it is as we see the advances made through investments in conservation and common-sense agricultural practices. Many property owners live by our government seems to be on a mission to take out agriculture as we know it on many fronts. As an example, the cattle industry seems to be blamed for everything. Funny how that works that the cowboy
that wears many hats just can’t seem to do anything right when they feed the world and make pennies for their hard
work. What will become of our communities if the farmer or rancher loses his land to the government to establish another untaxed park, historical area, walking trail, or tourist area? We can’t live on tourism, as nice as that would be, it just won’t work in the long term. What happens to our local budgets when you take this land out of taxes that the
private owner is paying? Our local county commissioners have a huge responsibility to protect the citizens of their county against a greedy federal government that only cares about making themselves more powerful. I ask you to please be our firewall and do not sell us out to these empty promises. Thank you.
Hi, I’m Sparky Schroeder, I’ve lived in Bourbon County now for about 16 years. I’m going to talk a little bit about the
Freedom Frontier area. First, we are not against government programs, permanent easements, historical sites, soil conservation, and the like. They should be looked at on a one-to-one basis with local government input when it contains taxes. This is about boundaries. There are 41 counties in the Freedom Frontier area not just in Kansas, also in Missouri. To put this in perspective, it’s about the size of Indiana, which is hard to believe, but it is. Freedom Frontier area sets federal borders and jurisdiction. This is about property rights at our meeting in August of 125 people. I ask how many people knew that they were in a Freedom Frontier area, and nobody knew it and nobody
was asked when the Freedom Frontier area was created. In 2006 people were not notified or given a choice to belong. When you go to their website, they say they never interfere with landowners and their rights; it’s all volunteer.
But this is not true. No one was given the choice; this starts when they come in and want counties and cities to combine and do a comprehensive plan and go into one government. Then they’ll want zoning, and they’ll help you with the zoning. They’ll bring somebody in from outside to help you with it if you want to. Why this is bad; zoning can be used to change the use of property and can take away from the landowner known as rights to use the land as they intend. Zoning might not be bad if it is done right, done local by local people, and should be separate from the city. You say this can’t happen; well let me tell you a quick story. This is how Angel Cushing got involved. This happened in Lyon County Kansas. They started with combined city and county government then they would help with the zoning. An outside company was hired to put in the zoning. They had put in the zoning to ban barbed wire and electric fence in the county. This would eliminate livestock in the county. Lyon County is a cattle county. Come to find out, the company that put the zoning together were cricket farmers and they believe that our protein should be coming from crickets. Angel and her husband spent over 20 thousand dollars to fight this. So far, they’ve been able to keep the band of barbed wire and electric wire out of the ordinance, but the threat is still there. They’re not in a National Heritage area, but when researching their comprehensive plan, they found the plans were exactly like a
National Heritage area. Do you know that Freedom Frontier area management plan has over 500 pages and all it talks about is land preservation and recreation? This is the same wording as in the 30 by 30 land grab. They’re telling us that we do not know how to take care of our land. If you go to their website and do some research and start downloading too much information, they will lock you out of their website and you can’t get back in. This has happened to two or three people that I have talked to. What would they do if they weren’t protecting private property.
Why would they lock you out? They use colleges to do all kinds of studies and mapping because most people
won’t say no to college students. This is how they get a foothold if you’re in a permanent easement. This is like mineral rights; it can be traded right now, congress has to vote on all National Heritage areas, new and existing.
There are 55 areas across 34 states and 29 get voted on this year. Right now, there’s a bill before congress to take the power away from congress and give it to the Department of Interior. If this happens, this will be bad. All the power will be given to one individual. This is why we need your help to protect landowners. right now, they get their funding from the federal government and private donations and grants. Some of which comes from all over the world. By law, they’re supposed to be self-sufficient within 15 years from the start or the funding stops. This year is the 15th year and they’re trying to get congress to extend it. Right now, most of the money in the Freedom Frontier area is being spent in one county; that is Douglas County. Also, you cannot submit a Freedom of Information Act to see the funding received and spent. Being a non-profit, permanent effect permanent easements affect all of us and us commissioners. Every parcel that is put in a permanent easement, that property has reduced taxes. We all have to pay more and us commissioners will have to deal with less tax revenue. We are not saying permit easements are
bad, just want the control to be landowner and local government. They’re trying to start a new area in north central and south Kansas and south-central Nebraska. There are about 49 proposed counties and 44 of the 49 have already opted out of the Nebraska- Kansas National Heritage area. This shows the opposition against federal control. There are three or four counties in Freedom Frontier Area that has already opted out. Our last line of defense we ask you to opt out and protect our property rights. Thank you for your time.
Good morning, I am Donna Banwart and I am a Bourbon County resident and I want to continue this discussion today. To summarize the 30 by 30 land grab, legislation that seeks to control 30 percent of America’s lands and oceans by 2030. We believe the heritage area, as discussed by Sparky, could be used as a vehicle to facilitate the land grab 30
by 30 transfer of land to the park service. Additionally, it doesn’t seem that all the stories regarding these topics produce a set of facts that can be trusted. Let me give you some background regarding the 30 by 30 legislation; the
program was adopted by the Biden administration on January 27, 2021 through executive order 14008. Tackling the climate crisis at home and abroad. It is not hard to understand that this 30 by 30 is an unconstitutional policy shift moving us from a nation founded on private property principles to one controlled by the administrative state. I am sure you are aware that the proponents argue that climate impacts are human-caused and therefore it is necessary for the government to control 30 percent of America’s lands and oceans to reverse climate change. However, the science and data do not justify these extreme policy measures. Also remember the advocates of this cause are those that live in big cities and have no idea what it is like to have the freedoms inherent to the wide-open spaces we all
love and appreciate. Landowners in Bourbon County have always been good stewards of our land. Kansas land owners provide the best habitat for species and wildlife while producing the necessary food, fiber, minerals, and energy we depend on to create wealth, defend our liberties, and mostly live free. With this short description you now
understand the impact this legislation could have on our landowners in Bourbon County. It could potentially strip us of our rights to decide how to use the land that we have worked hard to own and operate. It could greatly diminish the ability and rights to make a living off of our land. Therefore, we are requesting and strongly urging the commissioners to sign resolutions opposing the blanket national heritage area designation and the proposed 30 by 30 land grab.
The resolutions only provide a layer of defense for the Bourbon County land owners. The many advantages of passing these resolutions include it helps protect the landowners that are not aware of how this type of legislation impacts the ownership of their land. Private property owners have never been notified that Bourbon Bounty has been
designated as a National Heritage Area and many have never heard of the 30 by 30 land grab. It shows your support for the agriculture base in Bourbon County and the landowner working hard to support their families. It also keeps the land as private property which keeps the tax base and spending of monies earned from the land in Bourbon County.
It sends a clear message to the federal government that Bourbon County supports the freedom to own land and use that land freely. Finally, it will help support our elected representatives as they take a stand against the program. Both Senator Moran and Senator Marshall have proposed legislation terminating the 30 by 30 land grab. I must emphasize that there is no downside in passing and signing these resolutions. We are recommending again; it is just the first line of defense that Bourbon County landowners can use to protect the ownership of their property. I now turn the presentation over to Anne Dare as she discusses the resolutions, we have determined to be best through our many hours of research and discussion with other Kansans. Hopefully we have taken the work off your plate so both resolutions can be signed in an expedited manner, thank you.
Good morning, guys my name is Anne Dare, I live in Bourbon County. Several months ago, during a presentation on what zoning might look like for our county, I could hold my piece no longer and asked if I brought something that would protect the private property rights of landowners, would you consider it. As I remember you all answered yes. So here we are I, have attempted today to paint you a picture of the need for such a resolution. A word used on occasion by the county councilor is foreseeability, it is sad that in this day and age we have to be seers into the future to try and determine what our government and others could possibly do to us that we would need protection from.
I present before you two resolutions both of which would protect the private property rights of our citizens in the
event our government would want to tell our farmers and ranchers how our land should be used. In the end our current administration may not hear our voices and do as they wish anyway, however these documents would stand as a written testimony to our objections of placing our land into a designation that could possibly lead to a government land grab and taken out of our control. For an overview of the national heritage area, we oppose blanket designations that put dissenting private landowners in the unreasonable position of having to opt out of federally mandated boundaries. We oppose interference by special interest groups that do not have the historical perspective or deeply felt stewardship responsibility of owners who have worked the land over several generations. Fundamental interdependence exists between individual liberty and the ability to own property. We are very concerned that a national heritage area would deprive landowners of their ability to use and enjoy their property as they see fit. We would therefore ask that it be resolved that Bourbon County opposed any national heritage area designation for the state of Kansas it does not wish to confer upon an unelected regional management entity. The ability to establish land use policy within the boundaries of Bourbon County. The 30 by 30 overview resolution refers to permanently locking up 30 of the earth’s land and water by 2030. Executive order 14008 is silent about what conservation means, nor does it state where the 30 percent is coming from. The administration has not provided a scientific basis for why 30 percent of the earth’s land mass needs to be permanently protected, nor have they answered that doing so will
cure the perceived immediate climate crisis. 15 governors and 16 members of congress are still waiting for a response to letters sent in March and April of 2021 opposing 30 by 30. The executive order cites no constitutional statutory or other lawful authority of the president to dictate 30 by 30. 30 by 30 is to be a local initiative it is not. It began as a global half-earth proposal. We believe that 30 by 30 is contrary to the rights interest history heritage
way of life children and grandchildren of Bourbon County citizens and to the interests of Bourbon County’s local
government. We believe that ranchers and farmers have always been the better stewards of their own land, and that government managed land is the most poorly managed land. Clay, Coffey, Lynn, Osage, and Anderson counties are the five counties in the Freedoms Frontier National Heritage area that have already signed 30 by 30 and national heritage area opposition resolutions we would respectfully ask that upon your review that at next week’s meeting you
would approve and sign these resolutions in order to ensure this commission’s support of the proper private property
rights of those in bourbon county.
Sarah Klassen spoke as to her experience trying to opt out individually and how hard and time consuming that it was. She expressed her concerns on the topic and why she feels the county should opt out.
There was discussion and then Lynne asked to have the topic back on the agenda in 2 weeks to give them time to review the resolutions and research the topic more.
Justin Meeks asked for an executive session to discuss non-elected identifiable individuals for performance issues, I need myself, the three commissioners, and Susan for 15.
At 10:11 am Clifton made a motion to executive session KSA 75-4319(b)(1) to discuss personnel matters of individual non-elected personnel to protect their privacy. This session will include the three commissioner, Councilor Meeks and Susan for job performance for 15 minutes and return at 10:26, Jim seconded, all approved.
Clifton made a motion to return to normal session at 10:26 am, Jim seconded and all approved.
Justin talked about the executive session that will be held at noon. He said there will be a
non-disclosure agreement that will need to be signed in order for them to attend the meeting. He said the reason that we’re leaving the county building is that we have had some problems in the past with information being overheard from the commission room and from the other room used for executive sessions. We really don’t have a
secured facility big enough to make sure that we don’t have anybody standing by the doorway listening. Justin said they are going to walk across the street and use a secured facility that we know is going to be soundproof. Once that
meeting’s over with, there’s going to be a public hearing where information can be disseminated but it’s a matter of how much they want to give out. I think you guys are going to get some information that maybe won’t be disseminated initially and there’s some proprietary things at a high level that hopefully someday will get released but
at this point that will not be let out in the public.
Justin also said that he is still working on the tax sale, there’s a land bank meeting today at five o’clock, so we’ll
have some information by the end of that. The new city commissioners are interested in the tax sales so hopefully
we get it done sooner than later.
Susan didn’t have anything to report.
Public Comment:
Clint Walker said that it’s nice that the citizens are finally getting involved in government, he just wished they would have gotten involved sooner.
Michael Hoyt expressed his concerns with voter turnout and how people are registered in Bourbon County that don’t even live here anymore.
Ashley Shelton explained the process for changing a person’s status in the voter registration system. Every year that it is reviewed but without notification from the voter themselves, they must have no voting history for 2 presidential general elections for our office to change their status.
Commissioners asked Susan in the longevity pay was budgeted for again this year and she said it was budgeted for 2021 & 2022.
Elected official comments:
Sheriff Martin asked if there was a software program to help departments budget next year since the employee benefits will all come out of each department. Susan advised that there is not a software program they just use excel. She advised that the clerks office can get them numbers for benefits, and she can check the numbers for them to make sure that they don’t go over budget.
Lynne said they would break until noon. He said that they would meet back in the commission room shortly before noon to go into executive session and then they would come back to the courthouse at 1 pm and Noble Health will make an announcement.
Clifton made a motion to resume normal session at 11:55 am, Jim seconded, all approved.
At 11:56 Clifton made a motion to go into executive session under KSA 42-4319(b)(4)-to discuss data relating to financial affairs or trade secrets of corporations, partnerships, trust, and individual proprietorships. The executive session is to be held at another location and includes the 3 county commissioners, Councilor Meeks, the Fort Scott City Commissioners and their legal counsel, Susan Bancroft, Rob Herrington, and representatives from Noble Health, and they will return to the commission room at 1:05 pm. Jim seconded and all approved.
Clifton made a motion to resume normal session with no action at 1:05 pm, Jim seconded and all approved.
Clifton made a motion to move Judge ward up on the agenda to be next, Jim seconded and all approved.
Judge Ward presented that due to the state’s guidelines and COVID protocol that they can not use the small courtroom at this time and are unable to hold larger trials at this time. He said that if nothing changes in the near future that they may have a need for more space to be able to hold larger trials. Judge Ward said he would let them know if and when they will need more space but that they can think about it and what options may be available if that is needed.
Rob Herrington advised that Drew Soloman the CEO from Noble Health will make a brief statement and questions can be directed to Rob, BBCO REDI, or Bourbon County.
Drew Soloman with Noble Health advised that they are happy to report that they are going to move forward with the next phase of the assessment process with regard to reopening of a facility in Fort Scott, Ks and Bourbon County. Today was one of 3 meeting that they will be having with the commission.
Rob advised that there will be another meeting with the city and county commission again in the next few weeks. He thanked everyone that has helped with this project and made it possible.
Commissioner Harris thanked Commissioner Beth for his work on the project as well.
Anne asked what phase 2 would look like.
Lynne said that they can not really talk about it since they signed a non-disclosure agreement.
Commissioner Beth said that they are talking to Noble Health and there are a lot of things that need to happen and lots of work to still be done.
Drew Talbot with Via Christi advised that they have been in contact with Noble Health and they are going to honor their contract and have been working with Noble Health to see what services would be viable and they want to be a part of that.
The commissioner thanked Via Christi for all they have done for our community as well.
Discussion was held and no results from the study have been released at this time and Commissioner Beth said that he isn’t sure that they study is even done.
At 1:22 pm Jim made a motion to adjourn the meeting, Clifton seconded, and all approved.
Meeting adjourned at 1:22 pm
THE BOARD OF COMMISSIONERS
OF BOURBON COUNTY, KANSAS
(ss) Lynne Oharah, Chairman
(ss) Jim Harris, Commissioner
(ss) Clifton Beth, Commissioner
ATTEST:
Ashley Shelton, Bourbon County Deputy Clerk
November 23, 2021, Approved Date