May 1, 2023                                                                                                                         Monday, 5:30 p.m.

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

Robert Harrington, Anne Dare, Mark McCoy, Jason Silvers, Mary Pemberton, Michael Hoyt, Deb McCoy, Don George with KDWP, Clint Walker, and Rachel Walker were present for some or all of the meeting.

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

Clifton Beth made a motion to approve the consent agenda which includes approval of minutes from last week. Nelson Blythe seconded the motion but asked that a comment he made be corrected to include the word “intentionally” to match the exact verbiage of his comment.

Eric Bailey, Public Works Director, presented the Commissioners with a list of culvert permits that were issued in April as well as the fuel report for April. Jim asked if everybody was still buying fuel from public works except the Sheriff’s Department and Eric replied yes. Eric stated the card reader system is now installed and each employee has a card they swipe and enter equipment number and mileage to obtain fuel. Eric presented a road and use maintenance agreement from NEET Southwest to the Commission for approval. Jim asked if this was for if the company was going to exceed 80,000 pounds. Eric replied yes, they will give us 24-hour notice of heavy equipment such as a crane using our roads and the agreement is in case roads are damaged by their heavy equipment. Clifton made a motion to sign the road use agreement. Nelson seconded the motion, and all approved. MSHA, the Mine Safety Health Administration, inspected the rock quarry last week and Eric said the inspection went very well with only one minor citation issued. Eric said the laydown machine will be picked up tomorrow, and they will be moving to Valley and 267^th Street to overlay. The plan is to start at 267^th Street and overlay Valley Road to 245^th Street, then overlay 245^th Street from Valley Road to Soldier Road. Valley Road between 245^th and 255^th Street will be closed this week to replace culverts. Eric stated they plan to start next Monday on asphalt, weather permitting. Eric said we applied for three bridge grants in 2022, and even though we didn’t get them he recommends applying again this year. Bourbon County REDI assisted with the grant process on the Kansas Local Bridge Improvement Program bridge and Schwaab Eaton with the off-system bridges. Jim asked if applying for the small bridge projects will hurt the chance to get the grant for the big bridge project, and Eric said no since they are through two different programs. Jim made a motion to allow Eric to resubmit grant applications for bridges #518, 19.2-Q.0, and 5.0-S.9. Nelson seconded the motion, and all approved. Eric asked for approval to set a maximum to buy a bigger truck, around 500 horsepower, for the landfill. Eric said they have been looking at trucks with under 300,000 miles but if they can’t act when a truck is traded in and available, they will miss out on the opportunity. Jim stated we needed more horsepower to keep up, and asked Eric if there was a number he was looking at. Eric responded they were looking to stay under$100,000. Jim questioned if the truck was going to be purchased out of the landfill and special machinery fund, and Eric stated it will be a combination of insurance reimbursement, auction proceeds, and the landfill fund. Clifton commented that if a Mack truck is purchased to make sure it has a Mack motor. Jim made a motion to allow Eric to look at 500 HP trucks, not to exceed $100,000. Nelson seconded the motion, and all approved.  Eric said that KCAMP will be doing a mandatory training session on Friday from 7:30-11:30.

Don George, with Kansas Department of Wildlife and Parks, asked the Commissioners if any decisions were made on the grant extension at Elm Creek Lake. Jim asked if this was a 12-month extension, and Don replied that it is a couple of years. Mr. George said if the extension is signed it would give the county the opportunity to find other funding sources and that Bourbon County could apply for another $40,000 grant from KDWP. Eric said that Bourbon County REDI is looking at other grant opportunities and Don said there might be other grants dealing with water that are not KDWP and that he doesn’t want to see the county give up. Nelson discussed the wording of the extension and highlighted some concerns he had. Jim suggested having the County Counselor look at the extension, and Mr. George stated he can come back if they would like counsel to review but stated this was the same contract that had been used during his 37 years with KDWP. Clifton said KDWP has always been a good partner to work with. Jim stated all they were voting on is the extension of the existing contract signed two years ago. Clifton made a motion to sign the extension and Jim seconded. Nelson opposed and the motion passed 2-1. Clifton made a motion to allow Chairman Harris to sign the KDWP extension as presented by Don George and Jim seconded. Nelson opposed and the motion passed 2-1. Clifton asked Eric to work with Bourbon County REDI and Don George to find more money to try to fix the dam. Eric said an engineer really needs to look at the dam. Clifton said possibly for some grants but suggested looking at what’s out there. Don George suggested looking at grants and WPA and stated Eric would need an engineer’s expertise then. Clifton stated he doesn’t want to spend $5,000 on an engineer yet. Don offered to show Clifton and Nelson all the services that KDWP offers. Clifton said that KDWP does a lot more that people know or think. Don asked that he been kept informed and involved during the future discussion of Elm Creek.

Jennifer Hawkins, County Clerk, presented a real property relief application for a property at 1214 S. Judson Street that had been destroyed by a fire. The owner filled out the application, submitted pictures of the damaged structure, and a quote to have the property fixed to be livable again. Since the property damage happened before August 15, an abatement of real estate taxes can be approved by the Board of County Commissioners. Clifton made a motion to accept the real property relief application submitted Danny Magee for 1214 S. Judson. Nelson seconded the motion, and all approved.

Jim discussed having a feasibility study done for an overpass south of Fort Scott, possibly on Jayhawk Road. Jim said the railroad has to sit blocking the intersection, and that he is not picking on them because they do good job. Jim stated he talked to EMS, and they estimated they would be able to reach approximately 2,000 people on the east side of the county if there was an overpass. Jim said he asked an emergency responder how long it would take to get to his address if there was a train blocking the intersection on Jayhawk Road and was told EMS would have to go back to 3^rd Street and they would lose approximately eleven minutes in doing so. Jim said this is about getting an ambulance out when it is needed to help save lives. Jim made a motion to allow Eric Bailey and Bourbon County REDI to go out for a proposal or quote for a feasibility study. Jim said the study is needed to go after grants. Nelson asked if this was just a proposal for a feasibility study and that that we are not spending money yet. Jim agreed the county is not spending money yet, just finding out how much it would cost for a feasibility study. Nelson seconded the motion, and all approved.

The Commissioners took a short break and returned to regular session at 6:13.

Clint Walker discussed a grant the grocery store received in Moran and stated there are grant opportunities out there. Mr. Walker said Rob Harrington, with Bourbon County REDI, is doing a good job.

Michael Hoyt said he and Eric Bailey looked at the bridge over Wolverine Creek, and he showed Eric what his concerns were. Eric stated the bridge deck was cleared of gravel, and there were no holes in it.

Clifton made a motion to amend the agenda to allow for an executive session. Nelson seconded the motion, and all approved

Clifton made a motion to go into a 15-minute executive session 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 6:32. Nelson seconded the motion, and all approved. Clifton made a motion to resume normal session at 6:32 with no action. Nelson seconded the motion and all approved.

Clifton made a motion to go into a 10-minute executive session 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 6:43. Nelson seconded the motion, and all approved. Clifton made a motion to resume normal session at 6:43 with no action. Nelson seconded the motion and all approved.

Nelson said he would like to receive all documents by email in the future to save paper. Jim stated if documents are received by email the Commissioners can’t respond to the emails. Clifton said he would be ok with not getting paper documents and would like to eliminate as much paper as possible.

Jim said that Susan presented a budget worksheet to the Commissioners and sent to the department heads with no response and that he asks all department heads and elected officials to use the worksheet format when working on their budget requests this year.

Clifton said EMS called him about purchasing an ambulance and that it was voted on approximately a year and a half ago, but an ambulance was never purchased. Clifton stated the equipment EMS has is old and it is time to think about purchasing an ambulance. Clifton went on to explain a demo unit was available for delivery fall 2024, if accepted now. If the demo unit isn’t purchased, it would be fall 2026 before a new unit would be delivered. Clifton asked Nelson and Jim to consider the purchase and to reach out separately to Teri and Trace with EMS to discuss the equipment needs. The demo unit would be $295,000 with a $10,000 trade in credit, or it is $285,000 for a remount. Nelson stated if all we received for credit is $10,000, we might as well keep the old one. Clifton discussed the remount and said for $10,000 more we could have a new unit. Clifton said CHC received federal appropriations and asked to speak to Jake LaTurner and legislatures to try to get money to buy an ambulance.

Clifton said more than once they have had meetings outside the courthouse, and he thinks we need to do that again. Clifton stated there was not a meeting held in Fulton or Hammond and he would like to see that happen. Nelson questioned if it would start next week? Clifton said he would like to get on a rotation. Clifton said he would like to start next week, May 8^th, but the County Clerk said the public hearing for the 5-year solid waste plan is scheduled for that date at the courthouse. Clifton suggested the following meetings dates and locations: May 15^th in Fulton, May 22^nd in Garland, May 29^th no meeting due to Memorial Day, June 5^th in Uniontown, and June 12^th in Mapleton. Depending on the turnout at the meeting in Fulton, a meeting may be held in Hammond on June 19^th. Jim stated this is a great idea.

Jim and Clifton asked that Teri Hulsey be placed on the agenda next week to discuss the purchase of an ambulance. Nelson stated he doesn’t mind spending money on the purchase of a new ambulance for the county.

Jennifer Hawkins asked to amend the agenda to discuss the real property relief application again. Clifton made a motion to amend the agenda for the County Clerk to speak again. Nelson seconded the motion, and all approved. Jennifer stated there is one section of the application that asks for the percentage of tax abatement the Commissioners are going to approve for the fire damaged property. The Commissioners figured the amount of the year based upon the fact the property was destroyed in February and came up with a total of 91%. Jennifer also presented an updated version of last week’s minutes with the correction that Nelson asked for.  After reviewing the minutes, Nelson made a motion to approve the minutes. Clifton seconded the motion, and all approved.

Jim made a motion to adjourn the meeting at 6:58. Nelson seconded the motion, and all approved.

Approved 5-8-2023

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

___________________, Chairman

___________________, Commissioner

___________________, Commissioner

ATTEST:

Jennifer Hawkins, Bourbon County Clerk

_______________, Approved Date

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 1^st Floor County Courthouse

210 S National Avenue

May 8, 2023, 5:30 PM

1. Call Meeting to Order
2. Flag Salute and Prayer

• Consent Agenda
  1. Approval of Minutes from 5/1/2023
  2. Approval of Payroll Totaling $210,758.69
  3. Approval of Accounts Payable Totaling $321,662.17

1. Department Updates
   1. Eric Bailey, Public Works Director
2. 5:45 Public Hearing for Adoption of 5-Year Solid Waste Plan
3. Tim Spehr-Application for Road Closure 260^th South of Deer Road

• Don George-KDWP
• Resignation of Mark McCoy-SEK Multi-County Health Department Board

1. Lora Holdridge, Register of Deeds-Fort Scott Lake
2. Susan Bancroft, CFO-Discussion of Budget Meeting Dates
3. Teri Hulsey, EMS Director-Discussion of Ambulance Purchase

• Public Comments
• Executive Session KSA 75-4319 (b)(2)
• Commission Comments

1. Meeting Adjourn

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.

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 1^st Floor County Courthouse

210 S National Avenue

May 8, 2023, 5:30 PM

1. Call Meeting to Order
2. Flag Salute and Prayer

• Consent Agenda
  1. Approval of Minutes from 5/1/2023
  2. Approval of Payroll Totaling $210,758.69
  3. Approval of Accounts Payable Totaling $321,662.17

1. Department Updates
   1. Eric Bailey, Public Works Director
2. 5:45 Public Hearing for Adoption of 5-Year Solid Waste Plan
3. Don George-KDWP

• Resignation of Mark McCoy-SEK Multi-County Health Department Board
• Lora Holdridge, Register of Deeds-Fort Scott Lake

1. Susan Bancroft, CFO-Discussion of Budget Meeting Dates
2. Teri Hulsey, EMS Director-Discussion of Ambulance Purchase
3. Public Comments

• Executive Session KSA 75-4319 (b)(2)
• Commission Comments
• Meeting Adjourn

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.

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

Accounts Payable 5-5-2023

Payroll 5-5-2023

Bourbon County Commission Agenda 1^st Floor County Courthouse

210 S National Avenue

May 8, 2023, 5:30 PM

1. Call Meeting to Order
2. Flag Salute and Prayer

• Consent Agenda
  1. Approval of Minutes from 5/1/2023
  2. Approval of Payroll Totaling $210,758.69
  3. Approval of Accounts Payable Totaling $321,662.17

1. Department Updates
   1. Eric Bailey, Public Works Director
2. 5:45 Public Hearing for Adoption of 5-Year Solid Waste Plan
3. Resignation of Mark McCoy-SEK Multi-County Health Department Board

• Lora Holdridge, Register of Deeds-Fort Scott Lake
• Susan Bancroft, CFO-Discussion of Budget Meeting Dates

1. Teri Hulsey, EMS Director-Discussion of Ambulance Purchase
2. Public Comments
3. Commission Comments

• Meeting Adjourn

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.

April 24, 2023                                                                                                                         Monday, 5:30 p.m.

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

Jason Silvers, Clint Walker, Anne Dare, Deb McCoy, Michael Hoyt, and Mary Pemberton were present for some or all of the meeting.

Jim Harris opened the meeting with the flag salute followed by a prayer led by Nelson Blythe.

Jim welcomed everyone to the night meeting and said he hopes the night meetings will allow more people to attend.

Clifton Beth made a motion to approve the consent agenda which includes approval of minutes from last week. Nelson Blythe seconded, and all approved.

Eric Bailey, Public Works Director, gave an update on the milling project on Soldier Road and 245^th Street stating it is done and they are ready for overlay. Eric told Nelson they don’t have any update on a timeline for milling Yale Road, but that he would let him and the public know when they have a time frame. Eric said they have been waiting on bolts for the engine for the laydown machine and were given a July time frame last week: however, the bolts got here today, and the machine should be ready next week. Jim said that is great news and that Mr. Foley might have had something to do with that. Eric said the KDHE district office inspected the landfill and we passed with flying colors. KDHE recommended having a sign at the front saying what materials are to be placed in MSW and C&D and then a sign at each drop off area within the landfill. Eric said kudos to all at the landfill they have worked very hard to get the landfill cleaned up. Eric stated the landfill is very busy due to more out of state and out of county businesses starting to use our facility. Jim commended the landfill personnel stating they do a great job. Eric said the state was also pleased with the bean pad and the progress we are making on it. Eric said it had been a busy Monday with Dustin Hall attending the KDOT meeting in Chanute for bicycle trails and sidewalks and Chad Brown overseeing the blast at the Beth Quarry. There were some technical difficulties with the blast company’s truck, but they will be back tomorrow to finish up. Eric said they have been patching on 215^th Street and Hackberry Road as well. Michael Hoyt said he would still like to look at the bridge on Poplar Road and will get with Eric to set up a time to meet.

Sheriff Bill Martin presented retirement paperwork for K-9 Mozzi who will be purchased by Deputy Pritchett. Jim said it is great that Deputy Pritchett will give the dog a home. Nelson made a motion to transfer ownership of K-9 Mozzi from Bourbon County to Deputy Pritchett and to allow Chairman Harris to sign the agreement. Clifton seconded the motion, and all approved.

Mary Pemberton said she was here three months ago asking for the classification of a certain employee to determine if they were a Bourbon County employee or a contract worker. Mary stated she was told the person in question was an employee, but they were being paid as a 1099 worker. Mary asked if this individual was still working under the same contract as last year, and Jim stated yes. Mary questioned why the individual was paid with a 1099 instead of a W2 since she was informed they were an employee. Clifton stated he does not recall stating this person was an employee who would receive a W2. Mary stated this person is an employee who receives vacation and extra benefits. Justin Meeks clarified that he receives no vacation or benefits and that he even buys his own ink and paper. Justin said he would love to be an employee and receive vacation and benefits. Clifton stated that would cost the county $20,000 more per year to make him an employee. Justin stated he and Clifton had both contacted outside counsel who agreed with his status of 1099 contract employment. Mary said the contract previously read vacation time and professional development. Justin stated in the contract it says he can miss up to four meetings per year and that he is allocated $750.00 per year for professional development meetings. Justin said this should be discussed in an executive session because he is protected under certain guidelines, and he recently clarified this with the EOC. Jim said this conversation is over and told Mary if she would like to continue the conversation they could do so in executive session. Jim stated that he would not allow individuals to be identified in open session and would shut the meeting down if that were to continue to happen. Nelson asked Mary if she would like to go into executive session and she declined.

Michael Hoyt said he would like documents that are presented in meetings to be distributed to the individuals attending. Mr. Hoyt stated he would like to be read in especially during the budget process and gave an example of a budget calendar that was handed to the Commissioners last week but not to those sitting in attendance. Clifton stated that worksheet was not for the public but was a blank worksheet for department heads to fill out for the budget process. Nelson stated that if documents can be legally shared with the public during the meetings we should do so. Mr. Hoyt said last week Matthew Wells came to the Commission for a 25% buy in for a project that the City of Fort Scott is willing to allocate 75% of the funding for whether that is from a grant, city funds, loan, or fundraising and says he feels that should have been a “no-brainer”. Nelson said he totally disagrees and does want to spend $37,500 of taxpayer dollars on what is basically a giant sunblock. Jim said there is no problem with looking at the presentation for a few weeks. Mr. Hoyt said he had a problem with Jim “keeping score” referring to a comment Jim made last week about waiting for an opportunity to speak of a former city commissioner not wanting to help fund the Meals on Wheels program. Michael said we want forward thinking not revenge governance. Jim said he was offended that the city commissioner would not help feed the elderly and that he wanted the public to know that. Jim stated that it is not revenge governance that is Michael’s opinion only, not fact.

Clint Walker said he had been in government for many years and that if he finds something he doesn’t like he is going to come in and let his commissioner know his thoughts. Clint said that people can talk about not liking a regulation, but that if you don’t like it to do something about it.

Anne Dare said, in her opinion, she appreciates the commissioners moving forward serving the underprivileged and unnoticed. Anne stated she appreciates the commissioners holding off and reviewing the documents Matthew Wells presented. Anne also said there are a lot of great projects happening in our community and a majority have worked hard fundraising and that is what she thinks should happen with the farmer’s market pavilion.

Jim clarified his earlier comment of he would shut the meeting down stating he alone does not have the authority to shut the meeting, but that he would make a motion to end the meeting and that his motion would need a second to end the meeting.

Clifton made a motion to go into a 20-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 6:17. Nelson seconded the motion, and all approved. Clifton made a motion to resume normal session at 6:17 with no action. Nelson seconded the motion, and all approved.

Clifton stated he has contacted more than one attorney and that Bourbon County is paying our employees and 1099 contractors correctly under the guidelines of the State of Kansas and federal government.

Nelson said he is not an accountant or IRS agent, but we are not intentionally doing anything illegal and that we are always trying to rectify things that might have been done wrong previously.

Jim said that going forward he will be stricter for anyone who identifies any personnel stating that this is not a helpful meeting, but harassment. Jim also said they commission could put a time limit on or end public comment.

Mary Pemberton said that you can ask the IRS directly if a person is 1099 eligible or a W2 employee and that it doesn’t cost anything. Clifton stated he is going to go with the attorney’s advice. Nelson said he has no problem contacting the IRS.

Jim asked the other commissioners what they thought about having the public submit what they are going to talk about. Nelson said a lot of time someone will say something during the meeting and that would spark a public comment so that it might be hard to submit in advance. Michael said the city has a rule that you can’t speak about something that is on the agenda without it being discussed first. Michael stated if you want to silence the people that is a very treacherous road to go down. Jim agreed and said he wants public comments, but that we all need to follow the rules.

Clifton made a motion to adjourn the meeting at 6:24. Nelson seconded the motion, and all approved.

Approved 5-1-2023

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

___________________, Chairman

___________________, Commissioner

___________________, Commissioner

ATTEST:

Jennifer Hawkins, Bourbon County Clerk

_______________, Approved Date