December 4, 2023                                                                     Monday, 5:30 p.m.

 

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

 

Clint Walker, Vance Eden, Mark McCoy, Jason Silvers, Michael Hoyt, Mary Pemberton, Anne Dare, 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 Nelson Blythe.

 

Clifton made a motion to approve the consent agenda which includes approval of payroll totaling $287,844.75, approval of accounts payable totaling $430,050.06, and approval of minutes from 11/27/23. Nelson seconded the motion and all approved.

 

During public comments Clint Walker stated his daughter had an accident near Uniontown and thanked Bourbon County EMS, Bourbon County Sheriff’s Office, and Rural Fire for their quick response to the scene. Mr. Walker also questioned the process of counting provisional ballots. Jennifer Hawkins, County clerk and Election Officer, stated the canvass was published in the newspaper for any of the public who would like to attend and view the process of counting the provisional ballots by the Board of County Canvassers. Due to a three-way-tie for  the Mapleton Council race there had to be another meeting of the Board of County Canvassers, which was also published in the newspaper, to determine by lot the winners of that race and to finalize the General Election. Michael Hoyt stated he saw the notices of the meeting of the Board of County Canvassers in the newspaper and did not attend the first meeting, but attended the final meeting where the tie was broken. Mr. Hoyt said he had multiple questions that evening and the County Clerk answered them all and explained processes to him. Mr. Hoyt discussed the Juneteenth holiday and told the Commissioners he felt they were on the cusp of a problem to not observe the Juneteenth holiday. Anne Dare asked about the tax statements and questioned if there was a state statute mandating when they have to be mailed. Patty Love, Treasurer, said she received her numbers late from the Clerk and  the statements were mailed on November 30^th and by statute they do not have to be mailed until December 15^th. Anne stated that no matter who she talks to they always pass the buck. Anne asked for an update on the emergency room. Rob Harrington discussed meetings that have taken place between the Lieutenant Governor’s office, Brad Matkin, himself, and Justin Meeks regarding Timken and how the State is trying to work on a solution to keep them in Fort Scott. Mr. Harrington said the Lieutenant Governor’s office asked for a small committee and that they won’t be able to comment on Facebook, but will come and update the Commissioners as he has information.

 

Vance Eden, Superintendent of USD 235, met with the Commissioners to ask for a letter of support for a grant they are applying for. Mr. Eden stated this is an 85/15 grant with Covid relief funds through the Department of the Treasury. Mr. Eden stated a few components of the grant are childcare, broadband, and workforce development. Mr. Eden explained the 4-year-old at risk program and stated with the grant they would be able to move to a full day and would have the room in a new facility to accommodate 3 year olds as well. Moving the current fitness room and case management offices for the Southeast Kansas Mental Health Center and Communities in School representatives to the new facility was also discussed. Mr. Eden stated they don’t know an exact dollar amount as they are still working with an architect but estimate the total project being 3 ½- 41/2 million dollars with USD 235’s portion being paid from lease purchase. Clifton made a motion to support USD 235 with their grant opportunity and that all Commissioners sign a letter of support. Nelson seconded the motion with discussion. Nelson questioned not knowing the final cost to be able to state what USD 235’s 15% match would be. Mr. Eden stated the top range would be $600,000 paid over 10 years. Nelson asked if they would be able to do the  match without raising taxes and Mr. Eden stated they could. All Commissioners approved the motion and signed the letter of support.

 

Jim made a motion to move Public Works Department updates to after Justin Meeks on the agenda. Nelson seconded the motion and all approved.

 

Mary Pemberton questioned the Contribution Agreement with Hinton Creek and stated she was not speaking against the project as she felt there could be great benefits within the county. Mary asked the Commissioners if they would use the PILOT funds from the solar farms to lower taxes. Jim stated he would like to use a percentage but cannot commit to all as it is only for 10 years. Clifton said if he ran and won, he would love to see 60-70% be used to lower the mill levy but they don’t know for sure how much we will receive in PILOT funds. Nelson stated he would love to but hates to commit to something we can’t guarantee. Mary said her main concern is the process and asked if the Commissioners took an active role or if Justin and Rob were the only ones negotiating. Jim stated Clifton was involved in the process. Mary asked if anybody did research on what the PILOT was and Jim stated he fully understood what was going on. Mary stated the contract says it can be in multiple layers at the developer’s discretion and questioned the total of 400 MW. Jim stated it will be 400-600 MW. Mary said she did research and was able to gather numbers from projects in Michigan and that those PILOTS are $2500-$4000 per MW and questioned why we settled for $1500 per MW? Clifton stated they didn’t have to pay us anything that they didn’t even have to notify us they planned on building. Jim agreed and stated that Heartland didn’t let us know they were building a solar farm and that since we aren’t zoned, they don’t have to. Jim thanked Rob and Justin for negotiating since we could have received nothing. Nelson asked Mary if the places with the solar farms in other states she was discussing were zoned. Mary stated she did not check for solar but stated with the wind projects most weren’t zoned. Jim said we could have received nothing but negotiations started at $900 per MW and we were able to get $1500 per MW. Mary asked when Next Era approached about this and Rob stated it was over a year ago.

 

Susan  Walker, CFO, stated it is the time of year that we need to adjust a few budgets and that most are due to revenue coming in over what was anticipated. Susan requested permission to publish in the newspaper a notice for a budget amendment hearing to be held on December 18^th at 5:30. Clifton made a motion to allow Susan to publish the budget amendment 2023 notice in the newspaper. Nelson seconded the motion and all approved.

 

Jennifer Hawkins, County Clerk, presented a letter submitted by the Marmaton Township notifying the Commissioners of the passing of Wilma Graham who was their Treasurer. The Marmaton Township board met and are requesting that Janice Fewins be appointed to fulfill Wilma’s term. Clifton made a motion to appoint Janice Fewins to the Marmaton Township Treasurer to fulfill Wilma Graham’s term. Nelson seconded the motion and all approved.

 

Justin Meeks requested three executive sessions.

 

Clifton made a motion to go into a 5-mnute 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 all three Commissioners, Justin Meeks, and Rob Harrington and will return at 6:20. Nelson seconded the motion and all approved. Clifton made a motion to resume normal session at 6:20 with no action. Nelson seconded the motion and all approved.

 

 

Nelson made a motion to go into a 15-mnute 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 Commissioners Jim Harris and Nelson Blythe, Justin Meeks, Eric Bailey, and Matt Quick and will return at 6:37. Jim seconded the motion and he and Nelson approved. Clifton Beth abstained. Jim made a motion to resume normal session at 6:37 with action. Nelson seconded the motion and he and Jim approved.

 

Eric Bailey, Public Works Director, stated he was put on noticed by Mrs. Beth that they would like to us to pull out of the quarry. Eric recommended respecting her wishes of nullifying  the contract and pulling out of the quarry. Jim made a motion to accept Eric Bailey’s recommendation to nullify the contract with Beth Quarry. Nelson seconded the motion and he and Jim approved. Clifton abstained.

 

Clifton made a motion to amend the agenda to allow for a third executive session for Justin Meeks. Nelson seconded the motion and all approved.

 

Clifton made a motion to go into a 7-mnute 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 all three Commissioners, Justin Meeks, Eric Bailey, and Matt Quick and will return at 6:47. Nelson seconded the motion and all approved. Clifton made a motion to resume normal session at 6:47 with no action. Nelson seconded the motion and all approved.

 

Eric Bailey, Public Works Director, presented the culvert approval form from last month and stated the fuel report will be emailed. Eric presented a risk avoidance grant that KCAMP emailed him. Clifton made a motion to allow Chairman Harris to sign the risk avoidance grant with Eric Bailey. Nelson seconded the motion and all approved. Eric said they are surveying the roads for Blackberry Transmission line to replace electric lines. Eric said they are out taking pictures and that a county employee is with them.  Eric stated they are finishing up mowing and hauling rock to some soft spots due to recent moisture. Eric said he and Dustin Hall will be attending the Kansas Association of Counites meeting this week in Wichita and that Chad will be in charge while they are  gone.

 

During Commission comments Jim asked Clifton to give an ER update. Clifton stated the Emergency Room is going to close on December 20^th and they are still pursuing every avenue to have and ER but it goes back to licensing issues. Clifton stated the legislatures and the state are aware but there are federal regulations and that there cannot be a stand-alone ER unless 35 miles from the “parent” parent location. The 2020 date for REH may be moved back to 2018 but again goes back to federal regulations. Clifton said they have been in contact with more than one organization. Jim said Clifton has been in contact with those in Washington to try to make things happen. Jim stated we’re working 24/7 to try to make this happen. Clifton agreed and said there are no less than 15 people in the industry working on this on a daily basis. Clifton questioned where the lack of respect has come from regarding public outbursts stating you can’t raise your voice in the stands during meetings in Topeka or you will get kicked out and asked why we allow it. Clifton said he is tired of it and has put up with it for three years. Clifton stated he wouldn’t vote to take away public comments but, in his opinion, you should be asked to leave and not come back in the future. Jim said he gives stiff warning tonight and to sign up for public comments to speak.

 

Jennifer Hawkins, County Clerk, reminded the Commissioners of the holiday dinner that will be held on Friday. Clifton made a motion that all three Commissioners may attend a holiday dinner for our employees on Friday and no business will be conducted. Nelson seconded the motion and all approved.

 

Clifton made a motion to adjourn the meeting at 7:00. Nelson seconded the motion and all approved.

 

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

___________________, Chairman

___________________, Commissioner

ATTEST:                                                                                                    ___________________, Commissioner

 

Jennifer Hawkins, Bourbon County Clerk

12-11-2023                       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 210 S. National Ave.

Fort Scott, KS 66701

December 11, 2023 5:30 p.m.

 

 

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

• Approval of Consent Agenda
  1. Approval of Minutes from 12/4/2023

1. Public Comments
2. Special Guest-Senator Tim Shallenburger
3. Department Updates
   1. Public Works

• Teri Hulsey, EMS Director- Information for the Community
• Shane Walker-Executive Session KSA 75-4319 (b)(4)

1. Commission Comments
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.

 

 

 

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

December 11, 2023 5:30 p.m.

 

 

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

• Approval of Consent Agenda
  1. Approval of Minutes from 12/4/2023

1. Public Comments
2. Special Guest-Senator Tim Shallenburger
3. Department Updates
   1. Public Works

• Susan Walker, CFO-Audit Proposals
• Shane Walker-Executive Session KSA 75-4319 (b)(4)

1. Commission Comments
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.

 

 

A Special Meeting on November 27, 2023 at Uniontown City Hall, was called to order at 6:00 PM by Mayor Jurgensen.  Council members present were Danea Esslinger, Josh Hartman, Amber Kelly, and Brad Stewart.  Also in attendance for all or part of the meeting was City Clerk Sally Johnson.

 

Discuss ordinance regulating council pay – review and discussion of the draft ordinance presented.

 

Motion by Hartman, Second by Kelly, Approved 4-0 to adopt amended Ordinance No. 203, an ordinance establishing compensation for members of the governing body of the city of Uniontown, Kansas.

 

Motion by Hartman, Second by Kelly, Approved 4-0 to enter into executive session pursuant to non-elected personnel matters exception, KSA 4319(b)(1), in order to discuss performance, job duties, and benefits of non-elected personnel, the open meeting to resume at 7:40PM

 

Clerk Johnson called in at 7:30PM.  Open meeting resumed at 7:40PM.  Council asked Clerk Johnson to gather information about health insurance coverages/plans and costs from KMIT, Fort Scott Area Chamber of Commerce, and Kansas Rural Water Association.

 

Motion by Hartman, Second by Kelly, Approved 4-0 to table insurance benefit discussion until December 12, 2023 meeting

 

Moved by Hartman, Second by Kelly, Approved 4-0, to adjourn at 8:43PM

The Regular Council Meeting on November 14, 2023 at Uniontown City Hall, was called to order at 7:00PM by Mayor Jurgensen.  Council members present were Danea Esslinger, Josh Hartman, and Bradley Stewart.  Also in attendance for all or part of the meeting were Zach Snyder and Stevie Amos (Thomas Construction), Codes Enforcement Officer Doug Coyan, City Treasurer Charlene Bolinger, City Superintendent Bobby Rich and City Clerk Sally Johnson.

 

SPECIAL CONSIDERATIONS/PROJECTS

Placemaking Project – bid opening – this is for 34’ X 65’ X 6” pickleball court, 2 bids received, Rogers & Sons Concrete, $18,430 and Marbery Excavation & Hauling, $20,650.  Bid tabulation attached.

 

Motion by Hartman, Second by Esslinger, Approved 3-0 to accept bid from Rogers & Sons Concrete in the amount of $18,430

 

Clerk Johnson stated that acknowledgement for the BCBS Pathways Grant of $10,000 was received, needs signed, and returned.

 

Motion by Hartman, Second by Esslinger, Approved 3-0 to authorize Sally Johnson to sign the BCBS Pathways Grant acknowledgement and return

 

Pond Project – bid opening – this for Phase II of riprapping bank, 3 bids received, Rogers & Sons Concrete, $13,500; Marbery Excavation & Hauling, $6,680; and Thomas Construction Inc, $28,024.  Bid tabulation attached.

 

Motion by Stewart, Second by Esslinger, Approved 3-0 to accept bid from Marbery Excavation & Hauling in the amount of $6,680

 

Clerk Johnson has ordered/received weed barrier.  She ordered one designed to go under driveways this time.

 

CITIZENS REQUEST

None

 

FINANCIAL REPORT

Treasurer Bolinger present the October 2023 Treasurer’s Report.  Beginning Checking Account Balance for all funds was $395,312.22, Receipts $37,931.52, Transfers Out $12,776.00, Expenditures $27,043.25, Checking Account Closing Balance $393,424.49. Bank Statement Balance $399,580.44, including Checking Account Interest of $84.55, Outstanding Deposits $0, Outstanding Checks $6,155.95, Reconciled Balance $393,424.49.  Water Utilities Certificates of Deposit $33,433.01, Sewer Utilities Certificate of Deposit $19,939.88, Gas Utilities Certificates of Deposit $33,710.66, Total All Funds, including Certificates of Deposit $480,508.04. Year-to-Date Interest in Checking Acct is $798.19, and Utility CDs $682.57 for a Total Year-to-Date Interest of $1,480.76.  Also included the status of the Projects Checking Account for the month of October 2023, Beginning Balance $0, Receipts $562.50, Expenditures $562.50, Ending Balance $0.  October 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; for Total Transfers of $12,776.00.  Net Loss for the month of October $1,887.73, Year-to-Date Net Income $49,872.52.  Budget vs Actual Water Fund YTD Revenue $100,111.61 (81.9%), Expenditures $94,509.42 (59.0%); Sewer Fund YTD Revenue $31,115.85 (84.4%), Expenditures $25,225.57 (61.3%); Gas Fund YTD Revenue $112,721.15 (72.0%), Expenditures $111,228.80 (49.4%); General Fund YTD Revenue $156,439.58 (104.5%), Expenditures $133,070.97 (71.8%); and Special Highway YTD Revenue $8,152.71 (109.3%), Expenditures $6,183.82 (52.9%).  The November 2023 estimated payables in the amount of $185,122.07 were presented which includes invoice for street resurfacing.

 

CONSENT AGENDA

Motion by Hartman, Second by Esslinger, Approved 3-0, to approve Consent Agenda as amended:

• Minutes of October 10, 2023 Regular Council Meeting
• Treasurer’s Report, Monthly Transaction Report & Accounts Payables

 

Motion by Hartman, Second by Stewart, Approved 3-0 to enter into executive session pursuant to non-elected personnel matters exception, KSA 4319(b)(1), in order to discuss performance and job duties of non-elected personnel, the open meeting to resume at 7:55.

 

Motion by Stewart, Second by Hartman, Approved 3-0 to extend executive session pursuant to non-elected personnel matters exception, KSA 4319(b)(1), in order to discuss performance and job duties of non-elected personnel, the open meeting to resume at 8:20.

 

Clerk Johnson called in at 8:00, out at 8:15.

 

Motion by Stewart, Second by Hartman, Approved 3-0 to extend executive session pursuant to non-elected personnel matters exception, KSA 4319(b)(1), in order to discuss performance and job duties of non-elected personnel, the open meeting to resume at 8:52.

 

Johnson called in at 8:25, out at 8:52.  Open meeting resumed at 8:52.  Council asked if schedule a special meeting for executive session for non-elected personnel could they also include discussion of the council pay ordinance. Yes, they can.  They would like to have meal provided for special meeting.

 

Motion by Hartman, Second by Esslinger, Approved 3-0 to schedule a special meeting for November 27, 6PM, to dicuss ordinance regulating council pay and executive session for non-elected personnel exception.

 

DEPARTMENT REPORTS

City Superintendent Rich reported that the incoming water valve is not closing completely.  He is currently shutting off the master meter when the pump is not running.  He has replaced the solenoid which was also leaking.  Can’t find anyone to work on the leaking valve.  We can order a new one like we currently have or we can order a different valve but would possibly not be the same size and would cost more to replace.  Either valve would probably have a 4-6 week delivery.

 

Motion ;by Hartman, Second by Esslinger, Approved 3-0 to order new valve like existing valve from Mid America Valve

 

Codes Enforcement Officer Coyan reported that 404 Washington has started construction.  102 Franklin received letter on 10/31 and have started piling up dead tree/brush.  201 Fulton letter was sent to attorney handling the foreclosure.  The attorney was to notify the lender and/or owner to address the issue.  After discussion, due to the time of year and other properties in town with ditches not mowed, City will not pursue this until spring.

 

Clerk Johnson reported on information received from KDHE on the Lead Service Line Inventory and a scheduled public hearing on the Lead and Copper Rule Revision Rule Implementation in Chanute on December 5, 7PM.

KMGA May 1, 2024 through April 20, 2025 Projected Gas Volumes were received.

 

Motion by Hartman, Second by Stewart, Approved 3-0 to accept KMGA proposed Projected Gas Schedule for May 1, 2024 through April 30, 2025

 

Johnson also reported on the KMU Regional Meeting and the KSGFOA Fall conference.

KMU is hosting a virtual 2024 Legislative & Regulatory Outlook on December 1, 10AM.  She has registered to attend.

 

COUNCIL REPORT

Councilman Ervin – absent

Councilwoman Esslinger – nothing

Councilman Hartman – conveyed his appreciation for the City and staff during his time on the council.  He will be unable to attend the December meeting, so said goodbye tonight.

Councilwoman Kelly – absent

Councilman Stewart – nothing

Mayor Jurgensen – has been receiving reports of dogs at large in the 300 block of Washington St.  He will ask Animal Control to followup.

 

OLD BUSINESS

Street project – work is completed.  Mayor Jurgensen and City Superintendent Rich met with contractor to discuss some areas of concern.  Work is warranted until October 27, 2024.  Contractor will come in to repair areas of concern next summer while working in the area.

 

Mural Grant – we have received the third and final payment from grant.

 

NEW BUSINESS

Council Pay Ordinance – tabled until special meeting on November 27, 2023.

 

Procurement Policy –

 

Motion by Hartman, Second by Esslinger, Approved 3-0 to table discussion of current procurement policy to the December 12, 2023 meeting.

 

Moved by Hartman, Second by Stewart, Approved 3-0, to adjourn at 9:57PM

The regular meeting of the Uniontown City Council will meet on December 12 at 8 p.m.

ROLL CALL: 

___ Jess Ervin ___ Danea Esslinger ___ Josh Hartman ___ Amber Kelly ___ Bradley Stewart

 

SPECIAL CONSIDERATIONS/PROJECTS

404 Washington repair followup

 

 

USD 235, Vance Eden –

 

 

CITIZENS REQUESTS

 

 

FINANCIAL REPORT

Charlene Bolinger – Financial reports

 

APPROVE CONSENT AGENDA

1. Minutes of November 14, 2023 Regular Council Meeting and November 27, 2023 Special Meeting
2. Treasurers Report, Monthly Transaction Report & Accounts Payables

 

DEPARTMENT REPORTS

Superintendent:  Bobby Rich

Sewer issue at 100 Second St –

Water valve update –

Water Meter Replacement Plan –

 

Codes Enforcement:  Doug Coyan

 

 

Clerk Report:  Sally Johnson  

SOS donation request

Zoom subscription renewal

LSLI update

LKM Economic Development Survey and services/resources

 

COUNCIL & COMMITTEE REPORTS

Councilman Ervin –

Councilwoman Esslinger –

Councilman Hartman –

Councilwoman Kelly –

Councilman Stewart–

Mayor Jurgensen –

 

OLD BUSINESS

Placemaking Project –

 

Pond Project –

 

NEW BUSINESS

2024 CMB off premises renewal – Union Station

 

Procurement Policy –

 

Financial/Utility Software –

 

Employee Benefits – Health Insurance –

 

ADJOURN Time ____________ Moved

Attachments:

12-23 Informational items

2023 Financials – November

12-23 Fin & UB software – Tyler Tech

12-23 Fin & UB software – Munibilling

12-23 Fin & UB software – gWorks

12-23 Health Ins – KMIT

12-23 Health Ins – Chamber

12-23 Health Ins – KRWA