The community was asked to send letters of interest to the Bourbon County Commission this month and at the commission meeting on June 24, seven people were selected out of the nine submission letters sent, according to a press release from the county.

At Monday’s meeting, the commissioners reviewed the letters and announced their selections to those present.

Chairman Jim Harris said the purpose of the committee is to review information and work with all property owners to make recommendations to the County Commission on setbacks.

Those selected for the set-back committee:

Sparky (Don) Schroeder

Samuel Tran

Vance Eden

Jon Eden

Else Moss

Boa Casper

Jean Tucker

Bourbon County Republican Central Committee met on Thursday, June 20,  at Fort Scott Livestock Market, 2131 Maple Rd and after a lengthy discussion, those present gave votes of no-confidence to Bourbon County Commissioners Clifton Beth and Jim Harris.

The no-confidence vote was for violating the Bourbon County Commission Ordinance on a Code of Conduct, Resolution 22-20, signed on June 30, 2020 by those sitting on the commission at the time: Jeff Fischer, Lynn Ohara and Nick Ruhl.

Twenty-nine of those present voted yes to no-confidence in these two commissioners, 6 abstained and,  0 voted no, according to C.J. Robison, a member of the committee who spoke during the county commission meeting on June 24.

To view the resolution:

Resolution 22-20(2)

Highlights of the resolution of the code of conduct for county officials:

• honesty, openness, and accountability  involving county government
• respect for others, civility in all public relationships
• stewardship of county human, fiscal, and physical resources
• excellence in continuous learning in personal development and county government operations
• fairness and impartiality
• no accepting of gratuities, etc. from contractors or other agents
• violations of this code shall be prosecuted

Commission Meeting Discussion on Solar Continues

The vote of no-confidence was not related to the solar farm issues that have been discussed at recent commission meetings, according to a Republican Party member, who wished to remain anonymous.

At the commission meeting on Monday, the discussion centered around the handling of the current solar energy projects coming into Bourbon County.

At the commission meeting, Commissioner Harris said “We have no zoning or any other tool to say they can’t come in…without zoning we have no legal action.”

“The solar companies are here,” Commissioner Beth said. “They have spent money and signed contracts with people. We can’t use inverse condemnation to take away those property rights. I wouldn’t do it and it’s not covered under our insurance for it.”

Inverse condemnation is the taking of property by a government agency which so greatly damages the use of a parcel of real property that it is the equivalent of condemnation of the entire property, according to law.com

To view the commission meeting:

https://www.youtube.com/watch?v=ipMhd686wG0

June 17, 2024                                                                             Monday, 5:30 p.m.

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

Clinton Walker, Rachel Walker, Marla Heckman, Mike Wunderly, Deb Needleman, Bo Casper, Michael Hoyt, Joe Ludlum, Jean Tucker, Pete Owenby, and Brent M. Smith were present for some or all of the meeting.

Jim opened the meeting with the flag salute.

Clifton made a motion to approve the consent agenda which includes approval of minutes from 6-10-2024, approval of payroll totaling $238,157.83, and approval of accounts payable totaling $361,343.72. Brandon seconded the motion and all approved.

Clint Walker spoke about how quickly the Road and Bridge crew was out replacing a downed stop sign and stated the mowing crew was doing an excellent job.

Joe Ludlum thanked the Commissioners for signing the solar project and stated he doubted that county zoning could have improved it. Mr. Ludlum said he thinks that all PILOT funds from solar and wind should be distributed. Mr. Ludlum spoke of how Linn County and Coffey County benefit from electric power and urged the Commissioners to disband any committee charged with setbacks as agreements have already been signed. Mr. Ludlum stated solar panels are in yards and on rooftops and that KDHE should be the one to decide if the solar panels are safe. Mr. Ludlum stated he is a lease holder and is among 70 who signed with wind and 30 who signed with solar. Mr. Ludlum said that for the wind turbines the landowner receives $15,000 per turbine and that solar is on a per acre basis which can be anywhere from $250-$2500 per acre. Mr. Ludlum said he currently has a property leased now for hunting and pasture ground and will make more in one year on solar than he would in ten years leased for hunting and pasture.

Michael Hoyt thanked the Commissioners for all the work they did on the hospital and stated now that there is a plan in the open, he is 100% behind it as long as there is transparency. Michael referred to a comment made last week how individual’s party affiliation is nobody’s business and stated he knows what presidents he voted for but that is nobody’s business.

Mary Pemberton stated last week the Commission approved fireworks permits and resolution 21-91 states” whereas the Board of County Commissioners find that it is in the best interest of the citizens of Bourbon County to regulate the sale and display of fireworks and the location of stands for the said sale and display.” Mary said if you can regulate one industry why can’t you regulate another such as solar and wind. Jim said they are moving forward with Mary’s request to form a committee to work on setbacks.

Deb Needleman asked for the same amount of funding as last year for the 2025 year for Bourbon County Senior Citizens. Deb said that last year it was decided to take money from their budget to pay SEK Area Agency on Aging directly for the Meals on Wheels food prep and she said they are ok with that provided the quality of the food remains acceptable. Deb stated they have volunteers who work approximately 150 hours a month at the center and they provide 92 monthly meal boxes to seniors and 150 families in the community receive commodities every other month. Deb explained they are looking for grants to repair and stabilize the north wall of their building.

Rob Harrington said he would like to give an overview of what went into the project to get healthcare into Bourbon County. Rob stated in 2022 they began the process of bringing in Legacy and they were approached by the ER and at that point the Commissioners waived the lease rate to keep the ER. Rob said that soon after that we had to forego clinic rent of approximately $23,000 per month to get the helipad. Rob said thanks to REDI and Bourbon County the hospital building is now full with the SEK Mental Health Center and Kansas Renewal Institute. Rob stated KRI has 60 new employees and added a needed and necessary service to the state and they currently have a waiting list of over 100 kids who need care. Rob stated that multiple organizations were spoken to in attempts to bring in an ER only and that with Freeman we now will have a hospital as well. Rob thanked the Commissioners, the committee who helped with the retail sales tax, and the EMS staff for all their hard work.

Jennifer Hawkins, County Clerk, presented a disaster relief application for Terry and Patricia West’s barn that was destroyed by a tornado on April 26, 2024. Clifton made a motion to approve the abatement for the barn destroyed by a tornado at 1674 115^th Street. Brandon seconded the motion and all approved. Jennifer presented nine letters that were received by individuals who are interested on being on the solar panel committee. After discussion it was determined to add the letters to the end of next week’s meeting. Clifton made a motion to allow Chairman Harris to open the letters and contact those individuals and invite them to the next meeting. Brandon seconded the motion and all approved  Jennifer presented a title for EMS unit #1 for the Chairman to sign and explained this unit was approved for trade in last year on a remount ambulance that is now ready for delivery. Clifton made a motion to allow the Chairman to sign the title. Brandon seconded the motion and all approved. Jennifer presented the lease agreement for the Sany mini excavator that was approved for Public Works to purchase at last week’s meeting. Brandon made a motion to allow Chairman Harris to sign the lease agreement. Clifton seconded the motion and all approved. Jennifer reminded the Commissioners of the budget work session that will take place next week beginning at 1:00 in the Commission Room.

Brandon stated he did not have any comments for tonight.

Jim said he was contacted by the interim President at FSCC who would like to meet with Bourbon County and the City of Fort Scott to discuss roads at the college. Jim said no decisions would be made that this was just fact finding. Brandon said he is fine with Jim meeting with them. Jim said received an invitation to represent the Commission and attend a finance meeting on July 2^nd in Chanute with Senator Moran. Clifton and Brandon stated they are fine with that.

Clifton made a motion that the three Commissioners will be at the budget work session next Monday. Brandon seconded the motion and all approved.

Brandon made a motion to adjourn the meeting at 6:21. Clifton seconded the motion and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

___________________, Chairman

___________________,Commissioner

ATTEST:                                                                                                    ___________________, Commissioner

Jennifer Hawkins, Bourbon County Clerk

6-24-2024                               Approved Date

Bourbon County Courthouse

210 S. National Ave Fort Scott, KS 66701 Phone: 620-223-3800

Fax: 620-223-5832

Bourbon County, Kansas

Brandon Whisenhunt

1st District Commissioner

Jim Harris, Chairman

2nd District Commissioner

Clifton Beth

3rd District Commissioner

Bourbon County Commission Agenda 210 S. National Ave.

Fort Scott, KS 66701

A budget work session will be held on Monday, June 24, 2024 in the Commission Room beginning at 1:00 p.m.

Bourbon County Courthouse

210 S. National Ave Fort Scott, KS 66701 Phone: 620-223-3800

Fax: 620-223-5832

Bourbon County, Kansas

Brandon Whisenhunt

1st District Commissioner

Jim Harris, Chairman

2nd District Commissioner

Clifton Beth

3rd District Commissioner

Bourbon County Commission Agenda 210 S. National Ave.

Fort Scott, KS 66701

June 24, 2024 5:30 p.m.

1. Call Meeting to Order
2. Flag Salute

• Approval of Consent Agenda
  1. Approval of Minutes from 6/17/2024

1. Public Comments
2. SEK Mental Health Center 2025 Budget Request
3. Tri-Valley 2025 Budget Request

• SEK Area Agency on Aging 2025 Budget Request
• Bourbon County Conservation District 2025 Budget Request

1. Vance Eden- USD 235 Contribution Decision
2. Susan Walker, CFO
   1. Department of Labor Increase Approval
   2. 2024 SEHP Rate Increase Approval
   3. 5-minute Executive Session KSA 75-4319 (b)(4)
3. Jennifer Hawkins, County Clerk
   1. Fireworks Permit

• Opening of Solar Panel Committee Letters
• Commission Comments
• Adjourn Meeting

Executive Session Justifications:

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 the security measures, if the discussion of such matters at an open meeting

would jeopardize such security measures.

The Regular Council Meeting on June 11, 2024 at Uniontown City Hall, was called to order at 7:02PM by Mayor Jurgensen.  Council members present were Jess Ervin, Danea Esslinger, Amber Kelly, and Mary Pemberton.  Also in attendance for all or part of the meeting were City Treasurer Charlene Bolinger, City Superintendent Bobby Rich and City Clerk Sally Johnson.

SPECIAL CONSIDERATIONS/PROJECTS

Appoint City Clerk/Municipal Court Clerk, City Treasurer, Municipal Judge, Municipal prosecutor –

Motion by Ervin, Second by Kelly, Approved 4-0 to appoint Sally Johnson as City Clerk/Municipal Court Clerk, Charlene Bolinger as City Treasurer, Patricia Miklos as Municipal Judge, and Chase Vaughn as Municipal Prosecutor.

Oath of office was administered by Mayor Jurgensen for Sally Johnson and Charlene Bolinger.  Clerk Johnson will administer oath for Municipal Judge and Prosecutor by the next court date.

Designate official bank and newspaper –

Motion by Ervin, Second by Kelly, Approved 4-0 to designate the Union State Bank, Uniontown, as official bank and The Fort Scott Tribune as official newspaper

CITIZENS REQUEST

None

FINANCIAL REPORT

Treasurer Bolinger asked if they wanted an oral report on April and May; they opted for oral for May 2024 Treasurer’s Report.  April 2024 Treasurer’s written reports were presented.  Beginning Checking Account Balance for all funds was $248,941.39, Receipts $51,651.27, Transfers Out $12,776.00, Expenditures $25,058.15, Checking Account Closing Balance $262,758.51. Bank Statement Balance $264,895.81, including Checking Account Interest of $55.65, Outstanding Deposits $0, Outstanding Checks $2,137.30, Reconciled Balance $262,758.51.  Water Utilities Certificates of Deposit $37,385.86, Sewer Utilities Certificate of Deposit $21,376.69, Gas Utilities Certificates of Deposit $39,177.46, Total All Funds, including Certificates of Deposit $360,698.52. Year-to-Date Interest in Checking Acct is $283.42, and Utility CDs $841.17 for a Total Year-to-Date Interest of $1,124.59.  Also included the status of the Projects Checking Account for the month of May 2024, Beginning Balance $0, Receipts $4,311.86, Expenditures $4,311.86, Ending Balance $0.  May Transfers from Sewer Utility Fund to Sewer Revolving Loan $1,402.00, to Capital Improvement-Streets $250.00; from Water Utility Fund to GO Water Bond & Interest $1,624.00, to Capital Improvement-Streets $750.00; from Gas Utility Fund to Capital Improvement-Streets $6,250.00; from General Fund to Capital Improvement-Streets $2,500.00 for Total Transfers of $12,776.00.  Net Income for the month of May $13,817.12, Year-to-Date Net Income $27,279.31.  Budget vs Actual Water Fund YTD Revenue $46,034.81 (37.3%), Expenditures $56,155.73 (34.6%); Sewer Fund YTD Revenue $14,593.33 (39.5%), Expenditures $14,392.05 (34.2%); Gas Fund YTD Revenue $78,818.29 (53.8%), Expenditures $51,114.51 (28.8%); General Fund YTD Revenue $93,682.10 (57.1%), Expenditures $95,345.38 (47.1%); and Special Highway YTD Revenue $3,966.38 (54.6%), Expenditures $0 (0%).  The June 2024 payables to date in the amount of $13,031.25 were presented.  The invoices from KMGA, Homestead Tech, Phillips 66, and Ag Engineering have not been received by noon meeting day.

CONSENT AGENDA

Motion by Ervin, Second by Esslinger, Approved 3-0, to approve amended Consent Agenda:

• Minutes of May 14, 2024 Special Council Meeting, May 14, 2024 Regular Council Meeting and May 23, 2024 Special Council Meeting
• April and May Treasurer’s Reports, Monthly Transaction Report & Accounts Payables

DEPARTMENT REPORTS

Codes Enforcement Officer Doug Coyan was absent.  Council received emailed reports.

City Superintendent Rich had nothing to report.

Clerk Johnson informed the Council the copier maintenance agreement renewal was received and is $25 higher.

Motion by Esslinger, Second by Kelly, Approved 4-0 to renew copier maintenance agreement with Modern Copy Systems

She also went over 2024 KMGA Regional Meetings, KMU Health Insurance Pooling Survey, and KDHE public meeting on implementation of the 2022 Kansas Water Plan.

The request for quotes for the weather siren preventive maintenance was discussed.

COUNCIL REPORT

Councilman Ervin – nothing

Councilwoman Esslinger – nothing

Councilwoman Kelly – nothing

Councilwoman Pemberton – nothing

Councilman Stewart – absent

Mayor Jurgensen – FEMA/KDEM representatives were here on June 5^th to do a preliminary assessment of flooding damages from the April 25-30 flooding event.  Bourbon County has met the threshold for disaster declaration.

OLD BUSINESS

Pickleball Court Placemaking Project – Mayor Jurgensen and Councilwoman Pemberton will run some chalk lines to determine the best location for the court, then Superintendent Rich can paint.  They will try to get project completed by July 3.

Warehouse project – Mayor Jurgensen is working on the specs for the project.  Statute 12-1739 Sale of Building was reviewed.  Clerk Johnson will follow-up with attorney on next steps of selling 402 Sherman to help fund refurbishing and have the county appraised value for next month.

Streets – Mayor Jurgensen is not having much luck communicating with Bettis regarding warranty work and possible future projects.  Funding avenues were discussed and consensus is to hold off on more resurfacing while building up funds for future projects.

NEW BUSINESS

Moved by Ervin, Second by Kelly, Approved 4-0, to adjourn at 7:27PM

June 10, 2024                                                                        Monday, 5:30 p.m.

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

Vance Eden, Mike Wunderly, Bonnie Smith, Patty Ropp, Jill Franklin, Kim Sparks, Katie Casper, Mary Pemberton, Clint Walker, Rachel Walker, Roxy Gregg, Marla Sutterby, Kevin Sutterby, Pete Owenby, Jason Silvers, Josh Jones, Marty Dewitt, Deb Martin, Anne Dare, Michael Hoyt, Carol Didier, Cameron Didier, Carol Adamson, Steven Douglas Adamson, Ashley Adamson, Carl Linnenbringer, Dana McKenney, Gertrude Harper, and Brent M. Smith were present for some or all of the meeting.

Jim opened the meeting with the flag salute.

Jim stated there was a full agenda and reminded those signed up for public comments there would be a five-minute limit.

Clifton made a motion to approve the consent agenda which includes approval of minutes from 6-3-2024. Brandon seconded the motion and all approved.

Jessie Walker stated he was here last month with Lynne Oharah regarding 95^th and Unique Road and asked how the county could maintain the entire section of a road for years and then decide to only maintain part of it. Jim said when he was Public Works Director, he was notified that it was not a public road and that is why they stopped maintaining it. Mr. Walker said that someone came out and placed a white flag approximately ¾ of the way down the road and Eric said that was his department as the whole road is not open only a section and the rest is a lane as was explained to him by the Register of Deeds. Mr. Walker asked why the county has maintained it before and now will not and requested minutes from previous meetings where the road was discussed. It was explained to go to the Clerk’s Office and complete a KORA request form and he could obtain any minutes he would like. Jim said he would visit with the Lora, Eric, and Legal Counsel but that he can’t go against what they say.

Vance Eden said he is here tonight as a resident who is in support of solar panels. Vance stated he has done research regarding the development of solar and that he is not a tax appraiser nor accountant but believes that about 1 mill per megawatt would be on the tax roll after the 10-year abatement. Mr. Eden said he is not representing the school, however; there is not much industry in that half of the county and this could be a stimulus across the entire county and could reduce taxes which could entice companies to come into Bourbon County. Vance stated if taxes were not lowered then the additional revenue could be used to provide more services. Mr. Eden said he could understand why neighbors could be opposed to the solar panels but he is looking at the school and tax benefits. Brandon said he is not against solar panels but feels it is our job to protect people. Brandon stated he has done some research and for solar panels to produce the same megawatts as the Burlington power plant, which is on 9600 acres, there would need to be 15,000 acres of solar panels. Brandon said if it is negotiated right, it could be a lot of money for the residents but they need to be located in the right place. Jim said he has heard that there would be 45,000 acres of solar panels in Bourbon County and stated that number is not right. Katie Casper asked if she could get a question answered and was instructed to go in the hallway and ask Vance any questions she may have.

Pete Owenby asked when the money kicks in for the windmills. Jim said there is a 10-year abatement on them. Brandon spoke of the depreciation rate of the windmills which he said was at 7 years while solar depreciates at 20% and Clifton stated the windmills last longer than solar. Pete said he did a KORA request for the attorney rebuttal that was discussed at a prior meeting and was told it was attorney client privilege. Pete asked if they spoke to the attorney as a Commissioner or citizen and if the county paid for the attorney which Jim said the county did not. Pete asked for a contact at KDHE and explained the person he spoke to would not comment on solar panels and Jim said he would give him the numbers that he has for KDHE. Pete discussed a code of conduct resolution that was passed in 2020.

Becky Johnson, Administrator and Health Officer of the Southeast Kansas Multi-County Health Department, presented an annual report to the Commissioners that outlined some of their accomplishments for the last year.  Becky discussed some of their accomplishments such as holding tetanus shot clinic during the flood, hosting a community baby shower, having a nurse who is a CPR instructor and safe sleep instructor. Becky said they were able to attend more training including the Four Corners Emergency Management Conference as well as a billing and WIC symposium. Becky said they are continuing to add programs to help the citizens of Bourbon County and requested $95,750 in funding for 2025, which is the same amount as last year. Becky expressed how grateful they are for the continued support. Clifton said we are very fortunate to have Becky in our community and said she was asked to go to Topeka to speak.

Roxy Gregg, with the Pike Lake Group, presented 68 landowner petitions signed by homeowners who are against the Pike Lake Project. Roxy said she knows the bill has been said to be dead in the water but explained it could be brought back in 2025. Roxy asked the Commissioners if they were for or against the project. Brandon said he is against  the project and explained he did not think it would be good for Bourbon County where they are proposing it. Jim stated he does not support imminent domain; however, he is for an alternate water supply but in a different area of the county. Clifton said he was against the project from day one. It was questioned if the Commissioners would sign a resolution like they did in Cowley County and Clifton explained the resolution in Cowley County says no development by private individuals and that if this project were to happen it would not be private individuals doing the development. Jim thanked the group for all their hard work.

Kevin Davidson, Undersheriff, stated the Sheriff’s department is retiring a K9 and explained they received it free from Labette County and were able to use the dog for a while.  An agreement was presented for signature that outlines the retirement of the dog who will go to Deputy Penland. Brandon made a motion to retire the dog who will go to Deputy Penland. Clifton seconded the motion with discussion and added to allow Chairman Harris to sign the agreement. All approved the motion.

Jennifer Hawkins, County Clerk, stated she received a public notice from KDHE for the issuance of a new permit for Mike Rogers. Jim said he was told the permit was no longer needed. Jennifer presented an audit agreement with Jarred, Gilmore, and Phillips, PA for the fiscal year 2024 audit. Clifton made a motion to allow Chairman Harris to sign the audit scope for the fiscal year 2024 audit. Brandon seconded the motion and all approved. Jennifer reminded residents that the final day to turn in an interest letter to be considered for the solar panel committee is June 12^th. Jennifer presented Resolution 07-24 which outlines the salaries for elected officials and explained we are signing it now at the request of the auditors. Clifton made a motion to approve Resolution 07-24. Brandon seconded the motion and all approved. Jennifer asked to amend the agenda to add fireworks permits for two companies. Clifton made a motion to amend the agenda to allow discussion of fireworks permits. Brandon seconded the motion and all approved. Jennifer presented two permits for Jake’s Fireworks one for the corner of Wall and Goodlander Streets and another for 2221 S. Main Street. Clifton made a motion for Jim to sign the two permits for Jake’s Fireworks. Brandon seconded the motion and all approved. A permit for Hale’s Fireworks at 2523 S. Main Street. Clifton made a motion for Jim to sign the permit for Hale’s Fireworks. Brandon seconded the motion and all approved.

Jim discussed Neighborhood Revitalization Program errors and stated many distributions were long or short which results in approximately $33,000 that needs to be refunded to participants of the program. There are two choices for funding the refunds which would be to use the Appraiser’s 2024 fund or to go after the Appraiser’s bond. Jim thanked Jennifer, Susan, and Patty for putting safeguards in place to ensure that an error such as this does not happen moving forward. Jim said as just one Commissioner he does not want to go against the bond and suggested to use the Appraiser’s fund. Brandon said if we owe the money to the residents, we need to pay them and he agrees on not activating the bond and Clifton agreed. Brandon made a motion to use the Appraiser’s fund to issue refunds for the NRP errors. Clifton seconded the motion and all approved.

Brandon asked for a timeline for the ER so residents can be informed. Jim said Clifton will be discussing that during his comments section. Brandon said during his very first executive session Baker Tilly was discussed and he was unaware that you could discuss what was mentioned in executive session. Brandon explained that someone who was not in the executive session posted things online that was only mentioned during the executive session. Brandon asked how the individual got the information. Jim said he didn’t know. Brandon said he has made calls to KDHE and is waiting on a call back and that he has a call scheduled Wednesday with a solar company.

Clifton stated there would be a healthcare announcement made on Thursday at 10:00 at the hospital building. Clifton made a motion that all three Commissioners could be present and no Bourbon County business will be conducted. Brandon seconded the motion and all approved.

Jim said he might have been rude earlier but he doesn’t think people should intrude on other people’s personal lives.

Clifton made a motion to adjourn the meeting at 6:38. Brandon seconded the motion and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

___________________, Chairman

___________________,Commissioner

ATTEST:                                                                                                    ___________________, Commissioner

Jennifer Hawkins, Bourbon County Clerk

6-17-2024                               Approved Date