Bourbon County Courthouse

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

Fax: 620-223-5832

Bourbon County, Kansas

Nelson Blythe

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

September 25, 2023 5:30 p.m.

1. Call Meeting to Order
2. Flag Salute Followed by Prayer

• Consent Agenda
  1. Approval of Minutes from 9-18-2023
  2. Approval of Payroll Totaling $338,719.44
  3. Approval of Accounts Payable Totaling $576,872.46

1. Public Comments
2. Department Updates
   1. Public Works
3. Emily Franks-Jarred, Gilmore, and Phillips, PA-Presentation of 2022 Audit

• Health Insurance Benefits
• Susan Bancroft-Executive Session KSA 75-4319 (b)(1)

1. Justin Meeks-Executive Session KSA 75-4319 (b)(2)
2. Commission Comments
3. 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.

Attachments:

Payroll 9-22-2023

Accounts

Payable 9-22-2023

CITY OF UNIONTOWN

UNIONTOWN, KS  66779

SEPTEMBER 12, 2023 REVENUE NEUTRAL RATE HEARING FOLLOWED BY BUDGET HEARING, FOLLOWED BY REGULAR COUNCIL MEETING MINUTES

The Regular Council Meeting on September 12, 2023 at Uniontown City Hall, was called to order at 6:48PM by Mayor Jurgensen.  Council members present were Jess Ervin, Danea Esslinger (7:00), Josh Hartman, Amber Kelly, and Bradley Stewart.  Also in attendance for all or part of the meeting were Tom Decker, Jonathon O’Dell, Don George (Kansas Department of Wildlife, Parks & Tourism), Codes Enforcement Officer Doug Coyan, City Superintendent Bobby Rich, City Treasurer Charlene Bolinger, and City Clerk Sally Johnson.

SPECIAL CONSIDERATIONS/PROJECTS

2024 Revenue Neutral Rate Hearing – hearing was opened; no patrons were present.

Motion by Ervin, Second by Hartman, Approved 4-0 to adopt Resolution No. 2023-0912-1 to levy a property tax rate exceeding the revenue neutral rate

Roll Call Vote – Jess Ervin – Yes, Danea Esslinger – No Vote (absent), Josh Hartman – Yes, Amber Kelly – Yes, Bradley Stewart – Yes

Hearing closed.

2024 Budget Hearing – hearing was opened.  There were no patrons present.  Clerk Johnson asked the Council to consider paying off the Gas Utility Loan that was incurred due to 2021 Winter Storm Uri at the end of 2023 as there is no way to know how much more the interest rates will go up in 2024, 2025 and 2026.  The customers that opted to make monthly payments would continue to make monthly payments at the current interest rate as this is the rate paid when we pay off the debt.  This would change the published proposed budget for the Gas Utility but would not require a budget amendment for 2023.  Also heard today that we were awarded the KDWPT grant to finish riprapping the School Pond.  On General Fund, change 2024 expenditures for salaries/wages to $60,000, and parks and recreation to $20,500.  This will not change spending authority.

Motion by Kelly, Second by Hartman, Approved 4-0 to pay off gas utility loan on 12/31/2023 and adopt the 2024 budget as amended

Hearing closed.

Motion by Ervin, Second by Hartman, Approved 5-0 to enter into executive session pursuant to data relating to financial affairs or trade secrets of second parties matters exception, KSA 4319-(b)(4), in order to discuss economic development that pertains to private financial affairs or trade secrets of corporations, partnerships, trusts and individual proprietorships, the open meeting to resume at 7:22, include Sally Johnson.

Motion by Ervin, Second by Hartman, Approved 5-0 to extend executive session pursuant to data relating to financial affairs or trade secrets of second parties matters exception, KSA 4319-(b)(4), in order to discuss economic development that pertains to private financial affairs or trade secrets of corporations, partnerships, trusts and individual proprietorships, the open meeting to resume at 7:42, include Tom Decker and Sally Johnson.

Sally Johnson out at 7:30.  Open meeting resumed at 7:42PM.  No action taken.

Phase II of Uniontown School Pond Improvement Project – Don George informed the Council that the grant application was awarded and had two copies of the contract to be signed.  He also gave out information on invasive species.  Council appreciates all his efforts to get this funded.

Motion by Esslinger, Second by Kelly, Approved 5-0 to accept the grant award and sign the contract

Dangerous and Unfit Structure Hearing for 404 Washington St – Jonathon O’Dell was here to present evidence to repair, not remove, the structure.  He presented a bid he had received from a contractor to do the repairs and stated that the outside of the structure could be completed in 60 days.

Motion by Ervin, Second by Hartman, Approved 5-0 to adopt Resolution 2023-0912-2 directing that the structure at 404 Washington St be repaired and the premises made safe and secure by completely repair and secure the exterior of the structure commencing no later than September 27, 2023 and completed no later than December 1, 2023

Clerk Johnson will publish the resolution one time in The Fort Scott Tribune and mail by certified mail-restricted delivery, return receipt to all parties of interest.

CITIZENS REQUEST

None

FINANCIAL REPORT

Treasurer Bolinger present the August 2023 Treasurer’s Report.  Beginning Checking Account Balance for all funds was $407,054.53, Receipts $32,491.88, Transfers Out $12,776.00, Expenditures $41,716.92, Checking Account Closing Balance $385,053.49. Bank Statement Balance $393,891.88, including Checking Account Interest of $85.60, Outstanding Deposits $0, Outstanding Checks $8,838.39, Reconciled Balance $385,053.49.  Water Utilities Certificates of Deposit $33,412.16, Sewer Utilities Certificate of Deposit $19,939.88, Gas Utilities Certificates of Deposit $33,689.81, Total All Funds, including Certificates of Deposit $472,095.34. Year-to-Date Interest in Checking Acct is $630.95, and Utility CDs $640.87 for a Total Year-to-Date Interest of $1,271.82.  Also included the status of the Projects Checking Account for the month of August 2023, Beginning Balance $0, Receipts $4,300.00, Expenditures $4,300.00, Ending Balance $0.  August 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; from Capital Improvement-Chlorinator to Capital Improvement-Warehouse $10,000.00; for Total Transfers of $12,776.00.  Net Loss for the month of August $22,001.04, Year-to-Date Net Income $41,501.52.  Budget vs Actual Water Fund YTD Revenue $79,144.95 (64.8%), Expenditures $76,803.25 (47.9%); Sewer Fund YTD Revenue $25,223.16 (68.4%), Expenditures $20,924.4 (50.8%); Gas Fund YTD Revenue $99,843.35 (63.7%), Expenditures $85,528.98 (38.0%); General Fund YTD Revenue $130,027.96 (86.8%), Expenditures $110,471.20 (59.6%); and Special Highway YTD Revenue $6,100.03 (81.8%), Expenditures $0 (0%).  The September 2023 estimated payables in the amount of $27,482.63 were presented; however, Clerk Johnson did sate that a late bill came in and to add $1,300.

CONSENT AGENDA

Motion by Ervin, Second by Esslinger, Approved 5-0, to approve Consent Agenda as amended:

• Minutes of August 8, 2023 Regular Council Meeting
• Treasurer’s Report, Monthly Transaction Report & Accounts Payables

DEPARTMENT REPORTS

City Superintendent Rich reported that there were no leaks found on the gas system again this year.  Council thanked him for all his work to prepare the City for Old Settlers Picnic.

Codes Enforcement Officer Coyan reported that 505 Wall St has started their project to build a shed next to the carport and they will be moving the junk vehicle out of town.  It was reported that 405 Clay St has a lot of brush piles.

Clerk Johnson reported that she forgot to get Citywide Yard Sales on the agenda before the last cleanup.  Consensus was to not designate a Citywide Yard Sale date this year.

She has registered to attend the KMU Regional Meeting on October 25, 1:30-3:30, Iola.

KDHE has implemented a new reporting portal and all water/wastewater reporting is to be done online beginning 2024.

She will be attending the KMEA/KMGA Fall Conference, October 19-20, Wichita.

COUNCIL REPORT

Councilman Ervin – City of Fort Scott has implemented water conservation efforts and initiated a citywide burn ban.  Do we have a plan to get notice to customers if C2 issues a water restriction? Yes, it would be posted to webpage and a letter would be mailed to all customers.  He also asked if we could consider a text messaging system for notifying customers/citizens.  Clerk Johnson will do some research.  Also noted that City of Fort Scott is raising their water rates 3%.  We will need to add a possible increase for our water rates, if we get a rate increase letter from C2.  Also reported that the metal pile during citywide cleanup was taken before the City could recycle it.  Council may consider adding something to the flyer about the City recycling the metal, that it is not for the taking.

Councilwoman Esslinger – nothing

Councilman Hartman – nothing

Councilwoman Kelly – Thanked staff for getting US flags replaced.

Councilman Stewart – nothing

Mayor Jurgensen – nothing

OLD BUSINESS

Electrical in Park – Five 30AMP outlets were installed the Friday before Labor Day.  Electrician also installed switches for the light and fan for the ceiling fan in the gazebo.

Street project – contract has been received and reviewed by legal.  Start time per the bid we accepted is October 2023 with 0-5 days duration of project.  USD 235 thanked the City for patching the pot hole in the drive to the stadium and medical clinic.

Mural Grant – bills have been paid; however, we have not received the remaining 25% of the grant from Office of Rural Prosperity.

Placemaking Project – estimated cost of concrete only, no site prep, is $17,150.  Need to prepare a budget for the project, then send out invitations to bid.

NEW BUSINESS

None

Moved by Kelly, Second by Ervin, Approved 5-0, to adjourn at 9:07PM

September 11, 2023                                                                                                           Monday, 5:30 p.m.

The Bourbon County Commission met in open session with Commissioners Jim Harris and Clifton Beth and the Deputy County Clerk present.

Jon Lowery, Michaela Lucas, Clint Walker, Anne Dare, Kathy Brennon, and Rachel Walker were present for some or all of the meeting.

Jim opened the meeting with the flag salute followed by a prayer led by Mark McCoy.

Clifton made a motion to approve the consent agenda which includes approval of minutes from the 8/28/23 and 9/7/23 meeting, approval of payroll totaling $237,409.87, and the approval of accounts payable totaling $408,015.91. Jim seconded the motion and both Commissioners approved.

Matthew Wells, Mayor of Fort Scott, was present to request the Commissioners waive the fees at the Bourbon County Landfill for the disposal of the building at 2 S. National. Mr. Wells stated the building is currently privately owned and will be demolished, and new building erected, and then rented to the state. Jim asked Mr. Wells if he knew an approximate tonnage and he stated he did not. Clifton said there are three buildings being demo’d downtown and we are not giving them free dump fees. Mr. Wells stated the city is demolishing the building as an in-kind donation to the state for the project to be located downtown. Clifton said as a Commissioner he is not here to use taxpayer dollars to support private businesses. Jim stated his concern is that we would be setting a precedence if we do it for you, we will have to do if for the next one as well. Jim said he will not be making a motion tonight since Clifton already said no but told Matthew he could come back when Nelson gets back if he would like.

Anne Dare asked about page 12 of the accounts payable report and why we are paying four different law offices. Jim said the Sheriff’s department has one in Kansas City on fees all the time and we have to pay the different attorneys appointed by the judges for individuals who do not have an attorney. Anne asked what the proposed payment to REDI will be for next year and it was explained zero at this time the money was put into a contingency fund, and it will be discussed at the beginning of next year. Anne requested that in the future the name of the recipient of the Meals on Wheels payment be changed for clarity.

Kathy Brennon with Southeast Kansas Area Agency on Aging came in to provide a corrected handout outlining the services they have provided. Kathy stated they have provided over 15,000 meals as well as an array of services that equate to a $225,000 in Bourbon County. Kathy said there have been comments made about the frozen only meals and stated there are other Meals on Wheels providers not associated with their agency which is why they try to call their program as 60+ Nutrition. Kathy said if there is a problem or complaint to please call her. Clifton said he wanted people to understand you provide more than just meals and that you are not funded to the level you should be by the government. Clifton stated there is a misconception that programs like yours and others are flushed with cash coming in from the federal and state governments and that’s not true. Kathy said it is a requirement of the Area Agency on Aging program to go out and ask for donations and stated they pay for the food, gas, and have had to raise their minimum wage to $10 an hour just to get people in to work and that if they do not receive donations that will put them in a deficit.

Michael Hoyt handed out copies of the Constitution. Michael spoke about a public notice in the newspaper raising water 3%. Michael also handed information out to the Commissioners regarding a property that is being condemned by the city that is in both the city and county limits and asked the Commissioners to look into the matter.

Eric Bailey, Public Works Director, handed out the monthly culvert report for the Commissioners to review and sign. Eric stated they have completed 6 miles, or 12 lane miles, of the chip and seal project on 215^th Street and are now down to Soldier Road. Eric said that Linn County has graciously allowed us to use their machine so that we are able to chip and seal this year. Eric stated they are evaluating their budgets to determine whether they will do more chip and seal or move to asphalt as fuel prices are up and continuing to go. Eric said they submitted two applications for an off-system bridge grant and was selected for our bridge at 60^th and Grand Road. The total cost of the project will be $916,000 with our share being $75,000. Eric said the bridge on Jayhawk between 195^th and 205^th Streets was not selected and the application for the Kansas Local Bridge Improvement Program bridge on 215^th Street and Valley Road over the railroad tracks was not selected either. Eric stated they have two belly dump trailers hauling rock, are mowing ditches, and cleaning ditches out as well.

Selena Alvarado, Deputy County Clerk, presented a letter from Kristen Duffey who has resigned as Marmaton Township Clerk due to moving out of state. The Marmaton Township Board has met and submitted a recommendation letter asking that Debra Duffey be appointed to fulfill Kristen’s term. Clifton made a motion to appoint Debra Duffey as Marmaton Township Clerk per their request. Jim seconded the motion and all approved.

Jon Lowery with Bourbon County EMS informed the Commissioners that they received a $4,000 grant from Walmart which they are using to purchase furniture for their day room as what they currently have came from patient rooms when Mercy closed. Mr. Lowery thanked Rob Harrington with Bourbon County REDI stating they were instrumental in getting the paperwork completed for the grant. A copy of the runs through the end of August was handed out and it was stated 60 more runs were made this year compared to the same time frame last year.

Teri Hulsey, EMS Director, came to the Commissioners regarding the standby services for the Marmaton Massacre race. Teri stated that when they provided standby services for the race in the past EMS was under the City of Fort Scott who did not charge for the services. Teri asked if the Commissioners wanted her to bill their normal $75 per hour rate. Clifton said no because we standby for football games. Jim stated it is a big event for Fort Scott and Bourbon County. Teri informed them that they do bill for football games. Jim said they probably shouldn’t bill for football games. Clifton asked if it is an extra crew, and Teri stated that an off-duty crew comes in to provide the standby services. Clifton said in his opinion we either charge everybody or we charge nobody. Jim said in his opinion we should not charge any of them. Jim said he would like to not charge them this time since it such short notice and Clifton agreed and suggested they re-address in the future.

Justin Meeks, County Counselor, requested a 10-minute executive session for attorney client privilege with possible litigation. Clifton made a motion to go into executive session under 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 for 10 minutes with both Commissioners and Justin Meeks present and will return to the Commission room at 6:17. Jim seconded the motion and all approved. Clifton made a motion to resume normal session at 6:17 with no action. Jim seconded the motion and all approved.

During the Commission comments section Jim stated FSCC baseball will be in town this week and FSHS football will be at home Friday.

Clifton made a motion to adjourn the meeting at 6:19. Jim seconded the motion and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

___________________, Chairman

___________________, Commissioner

ATTEST:                                                                                                    ___________________, Commissioner

Jennifer Hawkins, Bourbon County Clerk

    9-18-2023                     Approved Date