There will not be a Board of County Commissioner meeting on Monday, September 2, 2024 due to the Labor Day holiday.

by

Jennifer Hawkins

Bourbon County Clerk

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

August 30, 2024 9:00 a.m.

A special meeting of the Board of Bourbon County Commissioners will be held on Friday, August 30, 2024 at 9:00 a.m. in the Commission meeting room of the Bourbon County Courthouse.

1. Call Meeting to Order
2. Flag Salute

• Executive Session KSA 75-4319 (b)(2)

1. Executive Session KSA 75-4319 (b)(1)
2. 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.

August 19, 2024                                                                                                                Monday, 4:00 p.m.

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

Clint Walker, Rachel Walker, Michael Hoyt, Jill Franklin, Lee Lorimer, Charyl Deloney, Christy Mitchell, Brent Smith, Jason Silvers, Mike Wunderly, Bo Casper, Deb Martin, David Beerbower, Leroy Kruger, Mary Pemberton, Mark McCoy, and Diana Betts were present for some or all of the meeting.

Jim opened the meeting with the flag salute.

Jim said that during public comments going forward only county business will be discussed and there will be no personal attacks at the podium. Jim said this is the third time he has brought this up and he will ask the individual to stop and if they don’t, he will make a motion to bar them from the meeting and if they don’t leave, they will be trespassing. Jim said he will have the Sheriff remove anybody who refuses to leave and is trespassing and will make a motion to bar them from meetings for the next four months. Jim said it is his right to do so and all he needs is a second to his motion.

Don Doherty and Christy Mitchell met with Commissioners to discuss insurance options for the county. Susan Walker, CFO, said she has been working with Don and Christy to go over options available if the county chooses to leave the state employee health plan. The annual premium with the state employee health plan will go up $94,000. Susan said that Bourbon County would save approximately $30,000 in health and $50,000 in dental if we left the SEHP. Susan explained that right now the state takes care of ACA, 1095, and compliance and that it would be up to the Clerk’s office to take on those additional duties if we left the state plan. Susan said that will equate to more work for the Clerk’s office as they will manually have to enter that information for each employee. Don has agreed to help with the compliance aspect for $11.00 per person per month. Susan stated we have until 9-1-24 to decide, but if we leave the state employee health plan, we can’t get back in the plan for three years. Christy briefly explained plans and said there is a minor difference in the co-pay and deductible. Susan said the commissioners would need to decide what to contribute on the HSA plan as that is currently $500. Don said that since they are local, they can meet on-on-one with employees and explain plans like they did last year. Jim said he is ready to leave the state pool and go local with BlueCross Blue Sheild. Clifton said he has been ready for four years. Don said Jeremy and his staff can help Susan figure things out if the county chose to leave the state plan. Susan explained when she worked at NPC, she did the admin system so she knows what we need to do but it will require a lot of testing. Jim made a motion to leave the State Employee Health Plan and go with Don and Christy and for them to work with the CFO. Brandon seconded the motion and all approved. Susan said the Commissioners can take the SEHP contract renewal that is on the agenda off since they chose to leave the plan. Clifton made a motion to amend the agenda to remove item number 9. Brandon seconded the motion and all approved.

Susan stated the Commissioners are trying to get the 2025 budget to 59.907 mills or less and they will have to make cuts to get there. Susan went fund by fund and explained the increases that were requested. Jim asked if the unencumbered cash would go up in the general fund with what they decided to do with the insurance. Susan said no, it would not be in the general fund as insurance is paid out of the employee benefits fund. Publication costs are going up 15% next year, so the Treasurer is just asking for additional funds to cover the increase in publication costs.

Susan said the Clerk’s office has had a part-time person in the past and she is asking for $12,000 to hire a part-time person. Susan said she would like to hire Jennifer part-time so she can help with training her.

Susan also explained the Department of Labor increase is for any employee working 40 hours per week who is in an administrative role. Susan said this would affect the Register of Deeds, Clerk, Treasurer, one person at Public Works, one person in the Attorney’s office, and two at the Correctional Center. Susan said the only other option is to make those individuals hourly employees and then you must pay overtime. Jim asked about the raise in Clerk contractual funds and Susan said that amount could go there or in the Commission contractual as it is up to the Commissioners to do a budget and in the past, they have hired a CPA to assist them with it.

Susan stated there was also some for new hire drug testing which could be put under the General fund if they would like. Jim asked if the additional in the Attorney’s fund is for the two additional employees and Susan said yes as well as the Department of Labor increase. The Register of Deeds office is only asking for the Department of Labor increase. Brandon is wanting to cut the wages of the Commissioners but Jim said that full amount might get split between five people. Susan said you don’t have to offer the Commissioners insurance since 1000 hours per year is the mark for benefits.

Susan explained the liability insurance will increase 12% next year. District Court has previously explained they are requesting $13,000 for equipment to help record court proceedings since they do not have a court reporter. Susan said since we will not be moving the entire county to Tyler Technologies IT was able to cut their budget $30,780.

Southeast Kansas Mental Health board is asking for $5,000 more and Area Agency on Aging is asking for $1,350 more. Jim said to remove those two requests.

Susan said they are requesting a small raise for the head custodian and explained he would be losing his full-time employee on September 13^th due to retirement. Jim said he is okay with leaving that request.

Susan explained they will have to do a budget amendment in the Appraiser’s fund later this year and they are asking for $10,000 extra for next year to go into their capital outlay fund. Clifton asked if NRP was fixed and said he had someone who was owed money ask him. Susan said yes, it is fixed and Patty Love, Treasurer, explained that they can only distribute on certain dates so if someone pays their taxes the day after a distribution they have to wait until the next set date for their NRP reimbursement.

Susan stated the Election fund is trying to build back their equipment fund as it was depleted to $293 by previous administration and that they are not levying more than last year. Susan said that over the last six months there have been a lot of raises throughout several offices and while those department heads may have the budget authority the raises also make benefits go up. Susan said she would have to go over all the raises and do calculations to get exact numbers in the employee benefits fund. Susan said that raises in any department that is not under an elected official should be brought before the Commission.

Clifton asked why KPERS was going up so much next year. Susan said that was due to the raises given and that a significant amount was asked for by a department and she can show them in detail how it calculates out by person.

Jim asked about the $200,000 in cash reserves on page 10 and Susan said they do not know how much work compensation insurance will go up.

There is currently $4,500 paid to SEK Mental Health Center each year from an alcohol and drug fund and that she combined that into their normal appropriation fund.

Jim questioned if the $50,000 they gave to Public Safety for raises is reflected in their budget request. Susan confirmed the $50,000 is included in the budget.

Clifton asked Sheriff Martin what his salary increases were and Susan asked if he built any increase percentages across the board. Bill said he did not build in an increase percentage. Clifton said he supports what Bill turned in. Jim asked if the $719,000 included overtime projections. Susan asked Bill if they were fully staffed and if they included the vacancies in their budget. Bill said they have 2 vacancies now and they are reflected in the budget request.

The Noxious Weed fund is doing well since they started with the $30,000 in cash reserves which allows them to purchase chemicals. The Bridge and Culvert fund has been collapsed into the Road and Bridge fund. Susan said this is for cash flow purposes and explained Special Bridge has been moved to Road and Bridge as well as the wages from the Sales Tax fund.

The EMS fund reflects the wage increases the Commissioners gave earlier this year. Susan said Teri is good with getting grants which has helped her budget.

The Landfill is doing well due to increased business; however, the fees we pay at Allen County have gone up. Susan said we almost have the bond for the landfill building paid off.

The sales tax revenue for the Road and Bridge sales tax fund is down to 2020 levels. Susan said we don’t know the reason for this and suggested the economy is hurting people and they can’t spend as much, but they have factored that in when making decisions in this fund.

Susan explained the Special Parks and Rec fund is only if we receive alcohol tax from the state. The Sewer District #1 fund is where fees paid for Lake Fort Scott are paid at the city and sent to us to pay down the sewer debt. It was questioned how much longer before that is paid off and Susan said she believes it is 2049.

The Jail/County Buildings Sales Tax fund is where vehicles from the Sheriff’s department, debt service at the jail, and the elevator repairs at the courthouse are paid. The Opioid Settlement fund has to  be  a budgeted fund so they will have to do a budget amendment for that. Susan said it will be up to the Commissioners if they would like those funds to go to Southeast Kansas Mental Health or possibly KRI as they must be for drug treatment.

Susan said that with all the requests currently in the budget we are sitting at 61.870 mills. Susan said she will bring her laptop to the next meeting so she can make changes to the budget as the Commissioners request them to finalize the budget.

Jim asked her to review the Sheriff’s Department and bring that information to next week’s meeting. Jim asked to start the meeting at 4:00 next week with budget discussion first on the agenda.

It was questioned how much money one mill is and Susan said one mill equals $131,000.

Lora Holdridge, Register of Deeds, asked if next week was when we had to certify the budget. Susan explained we had to be at 59.907 mills or lower by next week as that is when we have to publish our projected 2025 mill rate.

Jennifer Hawkins, County Clerk, requested the Commissioners sign the final primary election results as resolution 09-24. Clifton made a motion to sign resolution 09-24 which are primary election results. Brandon seconded the motion and all approved.

Jennifer Hawkins left the meeting at 5:03 with Deputy Clerk Selena Williams sitting in on the remainder of the meeting.

Jim went reiterated what he said earlier in the meeting regarding public comments and said they are here to conduct county business. Jim said if it becomes complicated, he will make a motion to remove the public comments until January 1^st then David can put it back on the agenda. Jim said they want to hear everybody but do not want the outbreaks and arguing and asked for professionalism on both sides of the podium.

Clint Walker said he read an article in the Pittsburg paper about a solar project in their county that is 1500 acres and will be a 400-million-dollar project and generate 200 jobs with 12 permanent jobs. Clint said their county will receive 1% of the sales tax. Clint said there are a lot of farms where the next generation has no interest in farming and that the one individual told him the contract would give him $200,000 that he would be able to pass on to his next generation.

Mark McCoy said he came into the meeting late but questioned if the County’s position is there will be no activities performed by anybody in the 2025 year by any person or entity in the area for economic development. Jim said it is a tough question but the budget does reflect that. Jim said a few years ago the County started supporting REDI and at the time REDI stated they would go out and get local contributions and stop requesting support of the taxpayers. Jim asked Mark if that has happened? Mark said there has been no activity in regard to anybody wanting or willing to support economic development as a private business. Mark said that economic development has been supported in Fort Scott since the 1980s starting with BEDCO. Mark said that the day Valu Merchandisers announced it would be closing the REDI Director was in contact with the State of Kansas and that they have shown the location multiple times. Mark said there are a significant amount of activities and that his concern is the majority of the public do not know what those are. Mark said he understands the financial situation the county is facing and he indicated last year it would be important for us to enter into a conversation for the county to express their needs and expectations out of the economic development entity. Jim asked what a reasonable amount for 2025 from the county would be. Mark said REDI receives $40,000 from the City of Fort Scott and that a minimum from both entities combined would be $150,000. Mark said if the city and county were to employ individuals in those positions, they would have to pay in excess of $200,000-$250,000. Jim said he thinks it is something that they need to discuss and that he is not totally ready to abandon REDI and that we need to have some form of economic development to crow the county. Jim said they also have to set some guidelines for REDI to come forward and meet some of our guidelines and have them provide a very good trail of information.

David Beerbower said he wanted to talk some about the commercial solar sites in Bourbon County. Last week Leroy Kruger spoke regarding some accusations made regarding himself and David and the hospital and that he has learned things are also being said regarding solar. David said that his goal tonight is address some concerns he has been made aware of regarding the advisory committee and their role in the solar situation. David said that after the Hinton Creek project contracts were signed last year several landowners came forward to express their concerns regarding solar near their homes. David stated the Commissioners, in response to those landowners, have passed a moratorium temporarily halting new agreements and creating an advisory committee to assist in the research of setbacks.

David said it is not clear if this advisory committee is researching just setbacks or other issues relating to this and other industries. Do solar sites pose a health and safety risk, what safe setback distances would be, environmental controls, who would oversee testing soil and water, does the decommission plan need to be more detailed in the agreements to includes the establishment of a bond in advance, if there are adequate emergency response to fire or other incidents, is there equipment and trained personnel available for such critical incidents, does these types of sites increase insurance rates to those in the effected area, what effect these sites have on property values in the area, and what would be a solution for those affected are just a few of the questions the committee has asked.

David said he is a strong proponent of the use of advisory committees to assist the Commissioners in making decisions and planning as this brings more knowledge and experience to the table as well as encourages community involvement and promotes transparency. David said he has been contacted by a member of the advisory committee with concerns whether a new commission would consider their recommendations. David said another committee member has said that not all the research information has been considered. David stated that solar developers were invited to speak to the group and questioned if other groups or organizations with opposing views being allowed to come and speak. David urged the Commissioners to question the committee on how they came their recommendations rather than just adopt their recommendations. David said his stance on the issues is to be impartial and non-biased in any decision and although Commissioners cannot solve every problem nor please everyone decisions need to be made for what is best for Bourbon County. David said he believes a landowner has a right to do whatever he pleases on his property if it does not place his neighbor at risk. David discussed KSA 19-2960 which provides the authority of zoning to include conditional use by the Board of County Commissioners. David handed out that statue as well as an outline for public hearings he recommends the Commissioners hold.

The Application for Emergency Performance Grant was presented for the Commissioners to sign to allow the Emergency Manager to apply for a grant. Clifton said this is something that we have completed each year for a number of years. Clifton made a motion to allow Chairman Harris to sign the application as well as Brian Allen. Brandon seconded the motion and all approved.

Michael Hoyt presented a resolution to the Commissioners that would put the question of expanding Commission districts in Bourbon County from three districts to five districts on the ballot in November. Michael said he has been circulating a petition that asks the same questions that requires 621 signatures and he currently has approximately 500 signatures. Brandon asked if it would be five equal districts or if it would be four districts and an at large commissioner. Mr. Hoyt said there is no provision in the statue for at large commissioners and that it would be equal population. Jim said he wants to be perfectly clear that he doesn’t oppose this but his concern is Michael doesn’t have the required signatures. Michael said he doesn’t have them by the deadline he received from the Clerk’s office, but thinks he could get them in a month. Michael said that the resolution would put the question on the ballot in November to let the citizens decide.  Brandon made a motion that we the three Commissioners sign resolution 24-10 for moving the commissioner districts from three members to five members and put on the November ballot. Clifton added this is set forth in KSA19-23 a, b, c, d, and e. Clifton seconded the motion. Jim said he sees positives and negatives on this issue but his constituents asked him to vote no, so he is going to vote no. Clifton and Brandon voted yes, while Jim was opposed. The motion carried 2-1.

Justin Meeks, County Counselor, asked for a 5-minute executive session for personnel matters of identifiable individuals. Clifton made a motion to go into a 5-minute executive session under KSA 75-4319 (b)(1) to discuss personnel matters of individual nonelected personnel to protect their privacy to include the three Commissioners and Justin Meeks and will return at 5:43. Brandon seconded the motion and all approved. Clifton made a motion to resume normal session at 5:43 with no action. Brandon seconded the motion and all approved.

Justin Meeks suggested the Commissioners go back into executive session without him for 10 minutes to discuss personnel issues of non-elected identifiable employees and if you need to you can call me back in. Clifton made a motion to go into a 10-minute executive session under KSA 75-4319 (b)(1) to discuss personnel matters of individual nonelected personnel to protect their privacy to include the three Commissioners and will return at 5:54. Brandon seconded the motion and all approved. Clifton made a motion to resume normal session at 5:54 with no action. Brandon seconded the motion and all approved.

Brandon said he knows more about solar than he ever planned on and with that being said, he asks that we put in a moratorium on any construction until we have a safety plan in place for them. Brandon said he doesn’t care if they do their surveying and studies but that we have to have a fire safety plan and a safety plan for these before any go in and get put online. Brandon said if we do and something happens and our firefighters aren’t equipped or trained to deal with them it is going to be bad. Jim said he met with the solar panel people one-time several months ago and they said they will come in with their experts and train the fire fighters as well as our city firefighters so he feels that is going to be addressed. Brandon clarified that he isn’t saying they can’t build them but we need our fire departments trained first. Jim said he agrees with the training and he is condiment that we can get people in here and start their training but he is not going against them.

Clifton made a motion to adjourn the meeting at 6:00. Brandon seconded the motion and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

___________________, Chairman

___________________,Commissioner

ATTEST:                                                                                                  ___________________,Commissioner

Jennifer Hawkins, Bourbon County Clerk

8-26-2024                                     Approved Date