March 30, 2023,                                                                                                    Thursday 9:00 am

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

Anne Dare, Clint Walker, Patty Ropp, and Michael Hoyt were present for some or all of the meeting.

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

Nelson Blythe made a motion to approve the minutes from last week’s meeting. Clifton Beth seconded, and all approved.

Eric Bailey, Public Works Director, and David Singmaster, Noxious Weed Director, met to discuss an invasive weed they would like added to the county’s list of noxious weeds. They presented the Commission a packet of information about the common teasel and cut leaf teasel including pictures and a list of other Kansas counties who have added the weed to their list. Clifton explained to Nelson about how doing this would mandate landowners to spray to eradicate the weed. After some discussion it was decided to wait until the State of Kansas declares teasel as a noxious weed. Eric presented a report that detailed the final cost of the sidewalk and parking project at the courthouse. The total final cost including the labor of the county crew who performed the work, equipment costs using the FEMA rate, and all materials was $39,256.72. The Commissioners discussed how by the county performing the work there was a savings of $30,000-$40,0000 to the taxpayers based upon the bid amounts we received. Eric said he wanted to give credit to Chad Brown and his crew who worked very hard on the project. The Commissioners said the sidewalk and parking area looks great and the crew did a good job. Eric talked about going out for bid for the hay ground located at the old landfill, Elm Creek, and the radio tower on 250^th Street. Nelson questioned how this worked and it was explained that individuals will submit a bid with a check and the highest bidder will win the hay rights for the year. Nelson made a motion to put out bids for hay on the various properties owned by the county. Clifton seconded the motion, and all approved. Eric said they purchased a used mower off Purple Wave for $6,700 and said that a new mower is $35,000. Jim explained how there is 1,100 miles of roads to mow in Bourbon County and that they try to mow two passes on each road. Eric said they have the sidearm mower out and are they are trimming in the southeast part of the county right now. Eric talked about a compost turner that they are watching on an auction site to possibly purchase for the landfill. Eric said they looked at the compost turner and even though it is used it is in very good condition. A new compost turner is over $100,000. Eric said they are also looking at used end dump trailers to haul chips to the asphalt plant which would save wear and tear on the dump trucks and save time and money. Eric attended the District 4 KDOT meeting in Chanute yesterday and said that KDOT has a lot of projects coming up in southeast Kansas this year. Clifton questioned the project on the highway in town and asked if KDOT had explained why the work is not progressing. Eric said that he had asked the local KDOT engineer that question and it was said that it is the contractor they have completing the work and several factors are affecting this. Eric said the rock crusher is working well and they are running five dump trucks and the belly dump trailer to try to get as much rock on the roads as possible. The new ditching machine is used daily, and they are around 255^th and Native now. Clifton asked how we were doing on budgets? Jim asked if Eric had received his reports and Eric responded he had not received a report yet. Jim asked for Susan and Patty to join the meeting to explain the situation. Susan said she had finally interjected herself on Monday and found where we were off and that she had been working with Patty the past few days. Susan stated Patty did the final journal entry last night to get in balance. Susan said she now has to do adjusting entries which is the final piece to get in balance. Susan said that there are multiple items listed that they are carrying each month and she said she thinks that it may be a training issue. Patty said CIC is here today to do training on bank reconciliation with her office and the Clerk’s office. Patty said they are working on January right now and then they will proceed on to the next months. Jim questioned if after all the entries are done if Eric will be able to receive budget reports next week. Jim asked about the additional accounts that were found that Terry Sercer had recommended auditing the past seven years and Patty stated she had not received receipts yet. Jim asked if we could move forward without the receipts and Susan said you would have to talk to the auditors about this. Jim said it’s time to wrap it up, close it up, and move on. Patty was told that a KORA request could be submitted to obtain the receipts. Nelson said he had received a call about several potholes on 75^th Street south of Maple Road on the gravel road. Nelson also said that on Kansas Road between 85^th and 95^th Streets there several potholes and there is not much gravel on the road. Eric said they are having injector problems on the grader in that district, and they are working on getting it back up and going but they will get another grader over to get it taken care of. Jim said that on 230^th Street where it meets Kansas Road the water line cut has settled.

Justin Meeks, County Counselor, requested a 10-minute executive session for attorney client privilege with possible litigation.

Clifton made a motion to go into a 10-minute 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 to include the three commissioners, Justin Meeks, and Matt Quick and will return at 9:39. Nelson seconded the motion, and all approved. Clifton made a motion to resume normal session at 9:39 with no action. Nelson seconded the motion and both approved.

A five-minute break was taken.

Justin said he is helping Matt’s office with sanitation specifically lateral lines located in the county and that they need some additional funding to obtain training. Justin said the codes were last updated in 1998, but they are following KDHE minimums and need to look at bringing the codes into 2023. Nelson questioned how sanitation enforcement works.  Matt stated they write a letter of violation to the individual that outlines how long they have to correct the issue and if that is not completed then KDHE is contacted. Jim asked if Matt’s office speaks to the individual who is out of compliance before a letter is sent, and Matt said yes, they do talk to the individuals. Clifton wanted to reiterate that the codes that we are enforcing are mandated by the state. A copy of the codes can be obtained from Matt’s office, and they are also available online. Justin said that there used to be a full-time position for sanitation, and that Matt’s office has saved the county money by taking over the sanitation duties. Matt said he will do some research to find out how much training will cost and bring that information back to the Commissioners.

During the public comments section Michael Hoyt discussed the 3-20-23 work session and questioned why only three minutes were available online. Mr. Hoyt said that Eric recapped some of the work that is planned during the next commission meeting, but that they didn’t get a full view of the work that is going to be done in District 3 or the work that was completed in 2021 or 2022. Michael said that the commission minutes are not posted online for residents to be able to read what happened during the work session. Nelson said he was informed that the minutes had not be posted but that has since been corrected. Mr. Hoyt said that it would be beneficial to have a written program of what was completed in 2021 and 2022 and what is proposed to be done in 2023. Jim said that Eric has a ten-year road plan and that is updated every year and then they project work out for the next eight years. Eric gave a copy of the 2023 hard surface road plan to Mr. Hoyt and explained that he went over the entire plan during the 3-23-23 commission meeting as it was brought to their attention that the full 3-20-23 work session was not available on Youtube due to the courthouse losing internet. Eric said that he can provide numbers for all the asphalt that was laid in 2021 and 2022. Mr. Hoyt stated that the 2023 hard surface road plan should be posted online. Eric said that anybody can reach out to him, and he would be happy to visit and answer any questions residents may have. Michael spoke about a bridge over Wolverine Creek that he said he can see through to the water below. Eric said he has looked at the bridge and did not see any holes in the bridge and that our bridges are all inspected by licensed engineers, but that he would go back out and suggested meeting with Mr. Hoyt there to review the bridge together. Michael questioned if the soybean hulls that are going to be accepted at the landfill have been tested to see what all they contain. Clint Walker said that the proactive stance Bourbon County is taking with their sanitation codes just makes sense. Mr. Walker also said he was recently made aware of a solar farm coming in around the Devon area. Mark McCoy, Lake Advisory Board representative for the county, spoke about the last Lake Advisory meeting and said residents questioned the speed limits on 190^th and 195^th Streets. Mr. McCoy said he spoke to Eric Bailey and Tom Graham and there are 20 mph signs posted, but that he wanted to inform the county of what he was doing and is going provide the information to Nancy Maze who is the Chairman of the Lake Advisory Board.

Nelson Blythe asked Matt Quick back into the meeting to discuss Yale Road and explain the process of property taxes when a road is currently pavement and then milled and turned into a gravel road. Matt explained that residents can do a payment under protest when they receive their tax bill in December, and that they can come in and discuss the property and how it is valued and if adjustments need to be made then they will. Nelson said he understands that Matt has to follow state rules. Matt said anybody can come in and discuss the values of the property, but once the values are locked in, he cannot adjust them unless a payment under protest form is completed when the first half of the taxes are paid.

Clifton said he went to a presentation on a poverty program last week and that he asked them to make a presentation to the county. Clifton said it is called CORE Communities and that feels the county should support it. Jim said he has been invited to the Community Connection event on April 5, hosted by the Chamber of Commerce, and that a presentation of the program will be given then. Clifton said the presentation will not be at an open meeting the public can attend as it is just for elected officials. Justin explained the best practice of how to proceed if all three Commissioners may attend the meeting on April 5. Clifton made a motion to allow all three Commissioners to attend the Community Connection event on April 5. Nelson seconded the motion, and all approved. The Commissioners spoke about having Core Communities come and do a presentation during a normally scheduled meeting so that residents can be informed on the program. Michael Hoyt asked if he could make a few additional comments, so Clifton made a motion to amend the agenda to allow public comments again. Nelson seconded the motion, and all approved.

Michael Hoyt spoke about the presentation of the LUCAS machine and said that he saw on the news the FDA is allowing Narcan to be sold over the counter. Michael asked Nelson what type of Narcan he as a law enforcement officer carries, and Nelson stated the nasal spray. Mr. Hoyt spoke about the benefits of injectable Narcan and thinks the county should carry that form. Clifton said that EMS all have Narcan on board. Michael spoke about AEDs and Clifton said there is funding from the state available for Narcan and they are looking expanding that for other things like AEDs.

Nelson said he was contacted by an individual in town who was upset about the recent publication in newspaper about the tax sale because her deceased husband’s name was listed. Justin said in order to obtain a clear title to sell the property at a tax sale that the county has to list every name that has ever owned the property. Nelson said that it turns out it was a different individual with the same name but since there was no middle initial listed, she felt it made her deceased husband look bad, so Nelson stated that Donald V. Cummings never owned the property nor was he late on his taxes. Justin said he is hoping the tax sale at Hidden Valley will happen soon. Nelson wanted to clarify that the new vehicles purchased by the Sheriff’s Department are not why taxes are high in Bourbon County as has been stated in posts online, and that the vehicles were purchased with sales tax money.

Clifton made a motion to adjourn the meeting at 10:25. Nelson seconded the motion, and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

___________________, Chairman

___________________, Commissioner

___________________, Commissioner

ATTEST:

Jennifer Hawkins, Bourbon County Clerk

4/6/2023, Approved Date

The Bourbon County courthouse and transfer station will be closed Friday, April 7, 2023 in observance of Good Friday. The transfer station will be open 8:00-12:00 on Saturday.

March 23, 2023,                                                                                                    Thursday 9:00 am

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

Clint Walker, Tayton Majors, Anne Dare, Teri Hulsey, Deb McCoy, Lora Holdridge, and Susan Bancroft were present for some or all of the meeting.

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

Clifton Beth made a motion to approve the consent agenda which includes minutes from 3/9/23 and 3/20/23, approval of accounts payable totaling $423,388.77 and payroll totaling $339,592.33. Nelson Blythe seconded, and all approved.

Justin Meeks asked for a 5-minute executive session for possible litigation.

Clifton Beth made a motion to go into executive session for 5 minutes 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 to include all three Commissioners, Justin Meeks, Jennifer Hawkins, and Shane Walker and will return at 9:07. Jim Harris seconded the motion, and all approved. Clifton made a motion to resume normal session at 9:07 with no action. Nelson Blythe seconded the motion, and all approved.

Clifton made a motion to amend the agenda to allow Legacy Health and Bourbon County REDI to present a check to EMS. Nelson seconded the motion, and all approved.

Rob Harrington introduced Troy Schell, Chairman of Legacy Healthcare who presented a check for $17,557.50 to Bourbon County EMS to purchase a LUCAS device. Mr. Schell stated that Legacy is committed to the community and is honored to be able to provide the donation which could save lives in Bourbon County.  Rob said that Clifton did an amazing job trying to obtain donations to purchase the lifesaving equipment that EMS needs. Mr. Harrington then introduced Mark McCoy, Chairman of the Board of Bourbon County REDI who presented a check to Bourbon County EMS for $17,000.00 to purchase a ventilator. Clifton thanked Legacy Health and Bourbon County REDI for their donations. Clifton spoke of the needs of AEDs and said his goal is to have AEDs scattered throughout the county and in every Sheriff’s vehicle which would be about 20-30 devices. Mercy donated several devices years ago; however, they are becoming outdated. Jim thanked Bourbon County REDI, Legacy Health, and Commissioner Beth for all their hard work and said, “God bless all of you.” Susan Bancroft said there are Opioid grants at the state level and that she spoke to Dave Bruner yesterday and was informed that AEDs and ventilators could be purchased with the funds. Clifton said the job of the Commissioner’s is roads and public health and safety and he would like to get back to doing that.

Eric Bailey, Public Works Director, introduced David Singmaster, Noxious Weed Director, who presented the 2023 Noxious Weed Management Plan to be signed by the Commission. Eric said that David recently passed all his state certifications. Clifton made a motion to sign the management plan, Nelson seconded, and all approved. Eric presented the Federal Funds Exchange Agreement through KDOT which would reimburse the county $89,236.81 in 2023. Eric said he would like to use $60,000.00 to put in the bridge repair fund for the bridge that needs repairs on 165^th St. Clifton made a motion to accept the 2023 Federal Funds Exchange Agreement and to allow Chairman Harris to sign the agreement. Nelson seconded the motion, and all approved. Eric said he will bring the final number for the sidewalk and parking project to the Commissioners next week.

Eric went through the 2023 Asphalt Road Plan that was discussed during the 3/20/2023 work session. In District 1 they plan to overlay ¾ of a mile of Maple Road east of 55^th Street. Eric said that will tie everything in. On Yale Road from the west entrance of Hidden Valley Lake to Mapleton they plan to mill the road and bring in gravel to compact and prep the road so that they could try to overlay a mile section of the road next year. In District 2 Jayhawk Road from 69 Highway to Liberty Bell Road is listed as an overlay project. Eric said he visited with KDOT who is still trying to find out if the road has been turned over to Bourbon County. Other areas to overlay include Jewel Road, 232^nd St, and 232^nd Terr which are all in Marco Estates. Eagle Road from Garland to the Stateline, and 227^th Street and Williams Street, which is the east side of Ellis Park, were also said to be in need and were discussed. Jim said the city approved to split the cost of the Williams Street project at their Tuesday meeting. Eric said the city would pay half of the material cost and the county would lay the asphalt. In District 3 there are several areas on Soldier Road that need to be spot milled to level up with the rest of the road. A one-inch overlay will be done on Soldier Road from 215^th to 245^th Street, 245^th Street from Soldier Road to Valley Road, and Valley Road from 245^th Street to 267^th Street. Eric said he would like to do this early, within the next month or so, then come back in August or September and chip and seal. The extras listed were Eagle Road from 69 Highway to 230^th Street to do a mile this year, and to chip and seal Jayhawk Road from Liberty Bell Road to 230^th Street. Eric said that the additional two miles of Eagle Road and Yale Road were also listed as extras depending on funding. Eric said he knows that milling Yale Road is not a popular decision but that it needs to be done since the subbase has failed. Eric said he has to know what his carryover from last year is to be able to determine how much more asphalting can be done but that he has not received a budget report since end of the year has not been closed out. Jim asked Susan Bancroft to clarify the process of budget reports. The Treasurer closes out the end of the month which allows the Clerk to run budget reports to send out to the department heads. Jim asked Eric when he last received a report and Eric said he had not received a budget report this year. Clifton asked what we were waiting on? Clifton asked Patty Love, Treasurer, to come in and discuss the end of year and budget reports. Patty said as far as she knew end of year was done and that Susan is going to go over things to make sure all journal vouchers are done. Patty said they couldn’t go on with January until year end was done but they have run into some problems that happened in January that went back into last year. Jim asked moving forward if Patty will be able to get budget reports monthly now that end of year is complete. Patty said yes that the year-end backed them up, but that she wants to get caught up to get reports done monthly. Jim made a motion to adopt the 2023 hard surface road plan as Eric presented it with extras if possible. Clifton seconded the motion and Nelson and asked for discussion. Nelson said he has received several emails and phone calls from residents on Yale Road who do not want the road milled. Clifton asked if a meeting was needed to be held in Mapleton to discuss the road and explain that the road is a safety hazard and will never be fixed correctly without milling the road. Nelson said he is finding out when the next city council meeting in Mapleton is so he can go and explain the road situation again. Nelson asked about milling maybe a mile section then paving it and keep going mile by mile until it is complete. Eric said that due to the extent of the subbase failure he does not feel that would work. Nelson said he has had complaints that the area that is milled is so wash boarded it is worse than the potholes. Eric said he had driven that section of road and it was bad. They have added some gravel to the road and that he recently drove the road and the gravel has helped. Jim said a meeting was held in Mapleton a few years ago to discuss and explain the condition of Yale Road. Jim said there comes a point when there is a safety problem. Justin Meeks said he had received an email from a resident who has been driving Yale Road and has experienced damage to their vehicle. Justin said it can’t be pinned down that the road is the exact cause of the damage, but when you have multiple people talking about how dangerous the road is you are on notice. Once you have been notified you have to do something to try to mitigate the danger or culpability. Jim said the long-term plan with Eagle Road didn’t pan out as quickly as it was originally thought but given the data and information Eric has provided it doesn’t appear that it will be five years to get Yale Road paved. Justin asked for clarification from Eric about what has to be done once a road is milled. Eric explained that the gravel is brought in to be compacted but really needs traffic to drive on it for a year to truly get compacted. Susan spoke about the local food sales tax that the legislatures are trying to end and explained how catastrophic this could be for our county; this would affect our roads and the bond payment for the jail. Susan said to voice your opinions to our local representatives at the state level to explain how devastating this could be to us. The first year the state would cover, but the second year the county would have to raise taxes to continue our programs. Susan explained that the county receives about $900,000 from the state each year from sales tax for our hard surface roads. Justin said the way the jail sales tax and the hard surface road tax were placed on the ballot and voted on by citizens that there could be possible litigation if the state were to take local sales tax. Clifton said he wouldn’t have a problem to add to Eagle and Yale Road next year and that you have his vote. Jim said he is committed to a one-mile section of Yale Road next year, and possibly more if sales tax is up and the money is there. Clifton said he sees possibly Eagle Road being completed next year and Yale Road in two years and Jim said he agrees. Clifton said it’s not his district, but we are on notice at the county and the road can’t be fixed unless we tear it up. Jim went back to his original motion to adopt the 2023 hard surface road plan; Clifton seconded the motion and Nelson abstained. Nelson said we could commit to paving a mile of Yale Road next year, but asked what priority it would be? Jim said Eagle should be first since it has been milled so long. Clifton said he would like to see the sections of two-mile section Eagle Road and one mile section of Yale Road both completed next year. Jim made a motion to commit to the first mile section of Yale Road and the remaining two miles of Eagle Road next year if we have the funding available. Nelson seconded the motion, and all approved. Eric said oil is low and he is wanting to start as soon as possible.

Eric said the rock crusher is back and they made a few adjustments while it was in the shop, and we have had a major increase in chip production. The culvert crew is installing culverts, we were running a little bit behind, but they are getting caught up and he appreciates everybody’s patience while they do that. Eric and Dustin will be traveling to Wichita tomorrow to look at a compost turner that they found for sale on an auction site. A new compost turner is around $100,000, so they are looking at used to try to save money. Eric said we have to have a compost turner to turn the soybeans and sawdust at the landfill. Justin said he had spoken with Eric and asked the Commissioners if Eric could have permission to either try the compost soil in different areas or to give it away to citizens to see if it would help things grow. Clifton said he would not be in favor until the compost soil is tested by K-State or another lab. Justin clarified that once the tests come back ok that Eric is ok to give the compost away and the Commissioners agreed. Eric and Lora Holdridge, Register of Deeds, spoke to the Commissioners about a section of Victory Road that is listed on some maps but does not have the exact length of the road. Lora said that Eric and Matt drove the road to try to determine the length of the road. Lora said that the length of the road needs to be about 2000 feet so that the landowners can access their property. Clifton and Nelson said they do not want to vote on extending the length of the road until they speak to all landowners. Jim said he would pass the owner’s information along to Nelson since it is his district and have him speak with the owner.

Jim asked for a 10-minute break.

Susan Bancroft requested a 10-minute executive session to discuss personnel matters of nonelected personnel.

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, Susan Bancroft, and Justin Meeks and will return at 10:09. Nelson seconded the motion, and all approved. Clifton made a motion to return to normal session at 10:09 with no action. Nelson seconded the motion, and all approved.

Shane Walker requested an executive session to discuss the acquisition of real estate.

Clifton made a motion to go into a 5-minute executive session under KSA 75-4319 (b)(6) for the preliminary discussion of the acquisition of real property include the three Commissioners, Shane Walker, and Justin Meeks and will return at 10:15. Nelson seconded the motion, and all approved. Clifton made a motion to return to normal session at 10:15 with no action. Nelson seconded the motion, and all approved.

Clifton made a motion to amend the agenda to add an executive session for Justin Meeks. Jim seconded the motion, and all approved.

Clifton made a motion to go into a 5-minute executive session under KSA 75-4319 (b)(2) for the consultation with an attorney for the public body or agency which would be deemed privileged in the attorney-client relationship for contracts to include the three Commissioners and Justin Meeks and will return at 10:22. Nelson seconded the motion, and all approved. Clifton made a motion to return to normal session at 10:22 with no action. Nelson seconded the motion, and all approved.

Clifton made a motion to put public comments back on the agenda. Nelson seconded the motion, and all approved. Jim asked Selena Alvarado, Deputy County Clerk, to put public comments on future agendas.

Clifton thanked Legacy Health and Bourbon County REDI for contributing to the health of Bourbon County and providing equipment that will save lives and that he hopes other organizations and foundations will step up and also provide donations to help obtain the necessary equipment EMS needs. Jim asked Clifton to keep the Commissioners advised if funding and donations are not coming in so that the board can look at ways to help and Clifton agreed he would

Jim made a motion to adjourn the meeting at 10:24. Nelson seconded the motion, and all approved.

Approved 3-30-23