September 15, 2020                                                            Tuesday 9:00 am

The Bourbon County Commission met in open session with Commissioner Oharah and Commissioner Fischer present, 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), Jason Silvers with the Fort Scott Tribune, Clifton Beth, Mark McCoy, Michael Hoyt, Shane Walker and Anne Dare.

Lynne made a motion to go into a 15 minute executive session for personnel matters of individual non-elected personnel, Jeff seconded and the motion passed, (the session included the Commissioners and Kendell Mason).  No action was taken.

Jim Harris reported they finished overlaying a portion of Indian Road, (Jeff complimented the work they did), and they are overlaying near the airport and will be moving to Andrick to do a one block segment there and then to do the parking lot at the Riverfront Park.

Lynne gave Jim Harris Census documents to be posted; Lynne reminded the citizens of the importance to filling out the Census data.

Lynne said he had attended a meeting at the City of Bronson; he said Bronson was in favor of the 1% sales tax.  Lynne said he did a presentation for BEDCO regarding the 1% sales tax.  The voters will vote on whether or not to renew the 1% sales tax on November 3, 2020.  Justin Meeks said the County uses their portion of the 1% sales tax for hard surface roads and the cities in Bourbon County use their portion of the money for administrative fees.  Lynne said the renewal of the 1% sales tax is important to the County to maintain the hard surface roads.  Justin said there would be a public meeting at the Empress on Wednesday regarding the 1% sales tax.

The Commission meetings are being broadcasted on YouTube; there were issues with the audio function of the broadcast.

Nancy Van Etten, Chairperson of the Lake Advisory Board, met with the Commissioners; she discussed the loss of a board member, Tom Brink, Jeff Fischer said Tom Brink provided Bourbon County with testimony on the County having a data center.  Nancy asked the Commissioners for an update on the Lake Sewer Board and a revision of the inter local agreement with the City and the County.  Justin said the City’s primary function is to maintain the sewer district. He said there is no money set aside to expand the district.  Justin questioned the intent of the inter local agreement regarding the sewer district, he said he didn’t know how to control people hooking up to the district without a HOA, he said the initial information regarding discussions over the sewer district began around 2005.  Justin said he felt the County got involved with the sewer district because of the sewer bonds and how they were issued.  Nancy Van Etten said if someone pays to hook up to the district the money should be used to pay towards the sewer bond.

Emergency Manager William Wallis met with the Commissioners to give a FEMA update on the flooding that occurred in 2019; the following is his presentation; he said that “KDEM is working on three categories within the public assistance program; Cat. A is the debris removal and disposal.  They are at 85% completion. A few documents are being entered into the system then they shall send it to me for approval before it is submitted.  Cat B is the Emergency Protective Measurers, 2% completion, roadblocks, they have the invoice for the purchase of roadblocks, $4,080.00.  What they need is all procedures to install relocate and then remove each barrier.  They are waiting on timesheets and equipment used to move the roadblocks back to storage.  Cat C damage to roadways countywide.  Currently they are at 50% completion, all of the damage has been entered and each location has been entered.  Cat Z management costs, 0% completed.  Everyone’s labor costs, involves all the staff that prepared the submitted documents for the above mentioned categories.  This category cannot be started until all the work from the above mentioned categories are finished.  Mitigation projects that are within the County are being reviewed for possible projects after all the calculations and estimates are processed.  The new Road and Bridge Director must be on board with this program, and all the Public Assistance programs that have been going on during this disaster so that the County can receive this funding.”  Will estimated that over $100,000 could be coming back to Bourbon County.  Will said mitigation is taking an area in the County that is constantly in need of repair; he said the grader operators would know those areas.  Jerad Heckman (former Road and Bridge employee gave a list of those areas to Will.  Will said the mitigation process is to go to the site and estimate the cost to bring the site back to pre-disaster condition, then calculate the cost to improve the road (elevate, culvert, etc.) to prevent the same damage from occurring again at a later time.  Will said KDEM would help come up with the solutions to fix the roads that have reoccurring issues.  Lynne said the County is behind in the ditching efforts and asked if mitigation could help with this; Will said yes.  Will said he compared other counties around Bourbon County; he said other counties got quite a bit of money, he said Linn County (who received $620,000 in grant funds) agreed to share the software program they use for their roads, he said the software, if used, would make reporting a faster process if there is a disaster.  Lynne made a motion to modify the agenda at 10:45 to allow Jeff Fischer to give a power point presentation on the FEMA mitigation process, Jeff seconded and the motion passed.

Lynne made a motion to go into a 10 minute executive session for matters relating to employer-employee negotiations whether or not in consultation with the representative(s) of the body or agency, Jeff seconded and the motion passed, (the session included the Commissioners, Jim Harris and Justin Meeks).  No action was taken.

Lynne discussed COVID-19; he said the County’s policy is taking temperatures and handing out masks to visitors at the Courthouse.  Lynne said he had been informed that the courts will resume some business in the future, the Court has been helping cover the front door and will not be able to once the Court resumes, Lynne said the traffic at the Courthouse will increase and said it might be advisable to hire another person to help cover the door; he said if this is done the County would request grant funds to cover the cost of the employee. Jeff said that masks do work; he said there is currently about 30 active cases in Bourbon County and said the numbers are going in the wrong direction, he said the County has an obligation to the employees and the visitors.   Michael Hoyt questioned if it would be more feasible to invest in an automatic temperature scanning machine verses hiring an employee; Lynne said KU uses a machine, but still has an employee working at the machine.

Jeff Fischer gave a Power Point Presentation on FEMA regarding the flooding that occurred between April–July of 2019.  He said FEMA estimated there to be 200+ sites with $366,000 worth of damage.  Jeff said the top 3 worst spots in each grader territory in Bourbon County that needs repair due to flooding or heavy rain were as follows:  in the Garland Territory – Cavalry west of 200^th there is a hill that washes out, Fern east of 69 Hwy about ¼ of a mile there is a hill that washes out and 267^th ¼ of a mile south of Deer water runs into the road and down a hill washing it out.  In the Hiattville Territory – Birch 1/8^th of a mile east of 3 Hwy, 100^th & Birch ¼ of a mile north on 100^th water washes off the road at some big culverts and Fern and 3 Hwy just east of the Highway.  In the Redfield Territory – 115^th between maple and 54 Highway (culvert not working), 115^th between Indian and Jayhawk needs a culvert and 165^th between Hackberry and Grand where they are unable to dig a ditch due to bed rock so water flows about 200 yards down the road and takes the gravel into the pasture.  In the Uniontown Territory – on 20^th between Indian and Hackberry (water washes over the culverts), on 45^th between Juniper and Jayhawk when the river gets out and floods the field it washes across the road and takes the gravel.  Devon/Fulton Territory – on 205^th between Wagon and Valley water cuts across the road.  Fort Scott Territory – on 245^th between Quail and Poplar water cuts across the road and on 265^th between Victory and Xavier when the river gets out of its’ banks it floods about ¼ of a mile of the road and washes the gravel into the field to the east.  Jeff presented pictures of some of the problem areas and the cost to fix or restore the areas.  They discussed the needed mitigation in order to prevent the damage from happening again.  Will Wallis said that FEMA money is free money for the County if we apply for it.  Jeff said the FEMA money could be used for the repairs/mitigation projects verses using County taxpayer’s money for the repairs.

At 11:35, Lynne made a motion to break for lunch and reconvene at 1:30, Jeff seconded and the motion passed.

Mike Bodensteiner with Greenbush and Jody Hoener met with the Commissioners to give a SPARK update; Mike said the State had reviewed the applications from Bourbon County and provided a response; some of the items on the summary from the State’s response were payroll and how it was going to be handled (the money can’t be used to backfill, but could be used for security or safety, FSCC (the purchase of 2 vehicles to transport students, he said they could justify the need for the vehicles.  Jody Hoener discussed the food distribution and the grocery store need; she said there isn’t access to healthy food on the north end of Fort Scott. Baja Investment (who will receive SPARK money) is planning on putting a grocery store/food pantry/storage facility/job service facility in the Cress building.  Jody said this is s private business meeting a public purpose.

Lynne made a motion to go into a 15 minute executive session for personnel matters of individual non-elected personnel, Jeff seconded and the motion passed, (the session included the Commissioners and Kendell Mason).  No action was taken.

At 2:14, Lynne made a motion to adjourn, Jeff seconded and the motion passed.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Lynne Oharah, Chairman

(ss) Jeff Fischer, Commissioner

____________________, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

September 22, 2020, Approved Date

September 9, 2020                                                   Wednesday 9:00 am

The Bourbon County Commission met in open session to conduct job interviews with Commissioner Oharah and Commissioner Fischer present.  The County Clerk was also present.

The Commissioners conducted the job interviews during executive sessions with a motion made by Lynne and seconded by Jeff, (present for the sessions were the Commissioners, Jim Harris and the job applicants). No action was taken.

At 11:50, the Commissioners adjourned.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Lynne Oharah, Chairman

(ss) Jeff Fischer, Commissioner

___________________, Commissioner

ATTEST;

Kendell Mason, Bourbon County Clerk

September 15, 2020, Approved Date

September 8, 2020                                                   9:00 am

The Bourbon County Commission met in open session with Commissioner Oharah and Commissioner Fischer present.  The County Counselor and the County Clerk were also present.

Also present for a portion of the meeting were the following: Jason Silvers with the Fort Scott Tribune, Nancy Van Etten and Mary Pemberton.

Lynne announced that grant money had provided the equipment so that the Commission meetings could be broadcasted on You Tube.

Jim Harris requested bids to have the overburden removed from the Shepherd Quarry; Ag Engineering estimated there to be 1,300 cubic yards of overburden to be removed.  The work will have to begin within two weeks and be completed three weeks after the work begins. Jim said he contacted the following four contractors for bids: Marberry who did not provide a bid, Skitch who did not provide a bid, Thomas Construction bid $9.90/cubic yard = $12,870 and Ripple Excavating who bid $10.50/cubic yard = $13,650.  Jim said he recommended Thomas Construction; Jeff made a motion to accept the low bid from Thomas Construction, Lynne seconded and the motion passed.

Lynne made a motion to go into a 10 minute executive session for personnel matters of individual non-elected personnel, Jeff seconded and all approved, (the session included the Commissioners and Kendell Mason).  After the session Lynne made a motion to give Kendell permission to offer the temporary door monitor position to an applicant and for the applicant to start immediately, Jeff seconded and the motion passed.

Lynne made a motion to go into a 10 minute executive session for personnel matters of individual non-elected personnel, Jeff seconded and all approved, (the session included the Commissioners, David Neville, Kendell Mason and a job applicant).  No action was taken.

Jeff made a motion to go into a 15 minute executive session for personnel matters of individual non-elected personnel, Lynne seconded and all approved, (the session included the Commissioners and Jim Harris).  Jeff made a motion to have a special meeting on September 9^th beginning at 9:00 am to conduct interviews for other job openings, Lynne seconded and the motion passed.

Jeff made a motion to go into a 15 minute executive session for personnel matters of individual non-elected personnel, Lynne seconded and all approved, (the session included the Commissioners, David Neville, Kendell Mason and a job applicant).  No action was taken.

Lynne made a motion to go into a 15 minute executive session for personnel matters of individual non-elected personnel, Jeff seconded and all approved, (the session included the Commissioners, David Neville, Kendell Mason and a job applicant).  No action was taken.

Lynne made a motion to go into a 15 minute executive session for personnel matters of individual non-elected personnel, Jeff seconded and all approved, (the session included the Commissioners, David Neville and Kendell Mason).  After the session, Lynne made a motion to give David Neville permission to hire an employee for the vacant custodian position, Jeff seconded and all approved.

At 11:02, Lynne made a motion to adjourn, Jeff seconded and the motion passed.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Lynne Oharah, Chairman

(ss) Jeff Fischer, Commissioner

___________________, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

September 22, 2020, Approved Date

September 1, 2020                                         Tuesday 9:00 am

The Bourbon County Commissioners met in open session with Commissioner Oharah and Commissioner Fischer present.  The County Counselor and the County Clerk were also present.

Also present for the meeting were the following, (some were present for a portion of the meeting, some were present for the entire meeting) Jason Silvers with the Fort Scott Tribune, Mr. & Mrs. Clint Walker, Jim Harris, Jody Hoener, Anne Dare, Michael Hoyt and Kim Simons.

Jayhawk Wind representatives Juliana Pianelli, Alan Anderson, Chris Knapp and Chris Rutherford met with the Commissioners requesting boundary changes to the proposed wind farm site.  Jeff said it appeared that the proposed changes were within 3 miles of Bourbon Allen Lake; Juliana said that the boundaries are closer than 3 miles, but the buildable turbine site would be more than 3 miles away from Bourbon Allen Lake and Elm Creek Lake.  Juliana said they want to add approximately 1,600 acres to the already over 20,000 acres of landowners that have already signed up for the project.  Alan Anderson asked that the road use agreement be amended to include the new area.  Alan said the exact location of the wind turbines is determined by the engineer at a later date.  Jeff Fischer said the Commissioners had previously been advised to seek professional help regarding the wind farm; he said if they were re-negotiating they should seek professional help.  Jeff said he didn’t think it was the Commissioners place to decide who can participate in the project; Alan said by not approving the area it is deciding who can participate in the project.  Lynne stated Bourbon County is a non-zoned county and said if landowners that want to participate loose the right to participate they could file suit against the County.  Alan said the simple question for an un-zoned County is whether or not to expand the area to allow the approximately additional 1,600 acres which changes the area for the road use agreement.  Jim Harris said the question is can they use the roads or do we want them to use the roads for vehicles over 80,000 pounds; Jim said he thought they needed more information and regulations put in place and suggested putting a decision on hold for 6 months until the new Commissioners start.  Jim Harris said they could go across the County road for approximately 30’ without using one mile of County roads to get to the additional 1,600 acres.  Lynne made a motion to allow Jayhawk Wind to use the roads in the expanded boundaries in the wind project, the motion died due to a lack of a second.

Lynne made a motion to go into a 10 minute executive session for personnel matters of individual non-elected personnel, Jeff seconded and the motion passed, (the session included the Commissioners and Jim Harris).  No action was taken.

Economic Development Director Jody Hoener met with the Commissioners regarding the $132,000 CDBG grant.  She said they have received 17 applicants for the grant money and said 6 of those applicants have provided all of the needed documentation for the grant money.  Lynne made a motion to approve the determination of level of review for the environmental review record for Findley Auto & Body at 2063 Maple Rd, Fort Scott, KS not to exceed $14,000 and that Lynne be able to sign the document, Jeff seconded, the motion passed and Lynne signed the document.  Lynne made a motion to approve the determination of level of review for the environmental review record for Labbster, Inc 789 Maple Road, Uniontown, KS not to exceed $14,000 and that Lynne be able to sign the document, Jeff seconded, the motion passed and Lynne signed the document.  Lynne made a motion to approve the determination of level of review for the environmental review record for B&N Guns and Ammo LLC, 131 E. 6^th, Mapleton, KS not to exceed $14,000 and that Lynne be able to sign the document, Jeff seconded, the motion passed and Lynne signed the document.  Lynne made a motion to approve the determination of level of review for the environmental review record for Perry’s Pork Rinds, 611 Orange St, Bronson, KS not to exceed $14,000 and that Lynne be able to sign the document, Jeff seconded, the motion passed and Lynne signed the document.  Lynne made a motion to approve the determination of level of review for the environmental review record for Owenby’s Masonry, 1481 135^th St, Redfield, KS not to exceed $14,000 and that Lynne be able to sign the document, Jeff seconded, the motion passed and Lynne signed the document.  Lynne made a motion to approve the determination of level of review for the environmental review record for Owenby’s Corgi’s 1481 135^th St. Redfield, KS not to exceed $14,000 and that Lynne be able to sign the document, Jeff seconded, the motion passed and Lynne signed the document.  Lynne made a motion to approve Findley Auto & Body for up to $14,000 subject to eligible invoices and receipts for working capital, Jeff seconded and the motion passed.  Lynne made a motion to approve Labbster, Inc for up to $14,000 subject to eligible invoices and receipts for working capital, Jeff seconded and the motion passed.  Lynne made a motion to approve B&N Guns and Ammo LLC for up to $14,000 subject to eligible invoices and receipts for working capital, Jeff seconded and the motion passed.  Lynne made a motion to approve Perry’s Pork Rinds for up to $14,000 subject to eligible invoices and receipts for working capital, Jeff seconded and the motion passed.  Lynne made a motion to approve Owenby’s Masonry for up to $14,000 subject to eligible invoices and receipts for working capital, Jeff seconded and the motion passed.  Lynne made a motion to approve Owenby’s Corgi’s for up to $14,000 subject to eligible invoices and receipts for working capital, Jeff seconded and the motion passed.

Jeff made a motion to go into a 15 minute executive session for personnel matters of individual non-elected personnel, Lynne seconded and the motion passed, (the session included the Commissioners, David Neville and Kendell Mason).  No action was taken.

June Bloomfield and Heather Ethridge met with the Commissioners regarding West Plains Cemetery; June said they have an ownership plot map of the cemetery with missing or misspelled names, they said there were missing stones and grave markers at the cemetery and said plots were sold in a walkway.  Lynne said that the cemetery has its own board and the cemetery is controlled by the board, the Commissioners have no authority over the cemetery board.  Justin Meeks suggested that they contact the Secretary of State’s office if they can’t get their questions answered at a local level.  They requested gravel on the road that goes through the West Plains cemetery.

Lynne Oharah said he discussed refinancing County bonds with Greg Vahrenberg; he said a tax relief bill took away the ability for non taxed entities to refinance, but said there is language attached to a new bill that might allow non taxing entities to refinance bonds.

Jeff made a motion to go into a 15 minute executive session for personnel matters of individual non-elected personnel, Lynne seconded and the motion passed, (the session included the Commissioners, Kendell Mason and a job applicant).  No action was taken.

Jeff made a motion to go into a 15 minute executive session for personnel matters of individual non-elected personnel, Lynne seconded and the motion passed, (the session included the Commissioners, Kendell Mason and a job applicant).  No action was taken.

Jeff made a motion to go into a 15 minute executive session for personnel matters of individual non-elected personnel, Lynne seconded and the motion passed, (the session included the Commissioners, Kendell Mason and a job applicant).  No action was taken.

Jeff made a motion to go into a 15 minute executive session for personnel matters of individual non-elected personnel, Lynne seconded and the motion passed, (the session included the Commissioners, Kendell Mason and a job applicant).  No action was taken.

Jeff made a motion to go into a 15 minute executive session for personnel matters of individual non-elected personnel, Lynne seconded and the motion passed, (the session included the Commissioners and Kendell Mason).  No action was taken.

At 12:32, Jeff made a motion to adjourn, Lynne seconded, meeting adjourned.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Lynne Oharah, Chairman

(ss) Jeff Fischer, Commissioner

___________________, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

September 15, 2020, 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 22, 2020

1^st District-Lynne Oharah Minutes: Approved: _______________

2^nd District-Jeff Fischer Corrected: _______________

3^rd District- Adjourned at: _______________

County Clerk-Kendell Mason

MEETING WILL BE HELD IN COMMISSION ROOM. ANYONE ATTENDING THE MEETING WILL BE REQUIRED TO WEAR A MASK PROVIDED BY THE COUNTY. MUST MAINTAIN SOCIAL DISTANCING.

9:00 – 9:15 Lynne Oharah, FEMA

9:15 – 9:30 Jim Harris, Executive Session, Contract Negotiations

9:30 – 9:45 Jim Harris, Executive Session, Non-Elected Personnel

9:45 – 10:00 KAC & KCAMP Voting Delegate

10:00 – 10:05 Vivian Moore, Road Closing for Airport