CITY OF UNIONTOWN

UNIONTOWN, KS  66779

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

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

SPECIAL CONSIDERATIONS/PROJECTS

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

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

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

Hearing closed.

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

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

Hearing closed.

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

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

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

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

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

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

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

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

CITIZENS REQUEST

None

FINANCIAL REPORT

Treasurer Bolinger present the August 2023 Treasurer’s Report.  Beginning Checking Account Balance for all funds was $407,054.53, Receipts $32,491.88, Transfers Out $12,776.00, Expenditures $41,716.92, Checking Account Closing Balance $385,053.49. Bank Statement Balance $393,891.88, including Checking Account Interest of $85.60, Outstanding Deposits $0, Outstanding Checks $8,838.39, Reconciled Balance $385,053.49.  Water Utilities Certificates of Deposit $33,412.16, Sewer Utilities Certificate of Deposit $19,939.88, Gas Utilities Certificates of Deposit $33,689.81, Total All Funds, including Certificates of Deposit $472,095.34. Year-to-Date Interest in Checking Acct is $630.95, and Utility CDs $640.87 for a Total Year-to-Date Interest of $1,271.82.  Also included the status of the Projects Checking Account for the month of August 2023, Beginning Balance $0, Receipts $4,300.00, Expenditures $4,300.00, Ending Balance $0.  August Transfers from Sewer Utility Fund to Sewer Revolving Loan $1,402.00. to Capital Improvement-Streets $250.00; from Water Utility Fund to GO Water Bond & Interest $1,624.00, to Capital Improvement-Streets $750.00; from Gas Utility Fund to Capital Improvement-Streets $6,250.00; from General Fund to Capital Improvement-Streets $2,500.00; from Capital Improvement-Chlorinator to Capital Improvement-Warehouse $10,000.00; for Total Transfers of $12,776.00.  Net Loss for the month of August $22,001.04, Year-to-Date Net Income $41,501.52.  Budget vs Actual Water Fund YTD Revenue $79,144.95 (64.8%), Expenditures $76,803.25 (47.9%); Sewer Fund YTD Revenue $25,223.16 (68.4%), Expenditures $20,924.4 (50.8%); Gas Fund YTD Revenue $99,843.35 (63.7%), Expenditures $85,528.98 (38.0%); General Fund YTD Revenue $130,027.96 (86.8%), Expenditures $110,471.20 (59.6%); and Special Highway YTD Revenue $6,100.03 (81.8%), Expenditures $0 (0%).  The September 2023 estimated payables in the amount of $27,482.63 were presented; however, Clerk Johnson did sate that a late bill came in and to add $1,300.

CONSENT AGENDA

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

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

DEPARTMENT REPORTS

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

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

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

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

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

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

COUNCIL REPORT

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

Councilwoman Esslinger – nothing

Councilman Hartman – nothing

Councilwoman Kelly – Thanked staff for getting US flags replaced.

Councilman Stewart – nothing

Mayor Jurgensen – nothing

OLD BUSINESS

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

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

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

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

NEW BUSINESS

None

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Justin Meeks, County Counselor, requested a 10-minute executive session for attorney client privilege with possible litigation. Clifton made a motion to go into executive session under KSA 75-4319 (b)(2) for consultation with an attorney for the public body or agency which would be deemed privileged in the attorney-client relationship for 10 minutes with both Commissioners and Justin Meeks present and will return to the Commission room at 6:17. Jim seconded the motion and all approved. Clifton made a motion to resume normal session at 6:17 with no action. Jim seconded the motion and all approved.

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

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

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

___________________, Chairman

___________________, Commissioner

ATTEST:                                                                                                    ___________________, Commissioner

Jennifer Hawkins, Bourbon County Clerk

    9-18-2023                     Approved Date

Bourbon County Courthouse

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

Fax: 620-223-5832

Bourbon County, Kansas

Nelson Blythe

1st District Commissioner

Jim Harris, Chairman

2nd District Commissioner

Clifton Beth

3rd District Commissioner

Bourbon County Commission Agenda 210 S. National Ave.

Fort Scott, KS 66701

September 18, 2023 5:30 p.m.

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

• Consent Agenda
  1. Approval of Minutes from 9-11-2023

1. Public Comments
2. Bill Michaud-CORE Communities Progress Update
3. Department Updates
   1. Public Works

• 2022 Audit Letter
• Jim Harris-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.

September 7, 2023                                                                                                              Thursday, 5:30 p.m.

The Bourbon County Commission met in open session with all three Commissioners and the County Clerk present for a special meeting to hold a Revenue Neutral Rate (RNR) hearing and a budget hearing.

Jason Silvers, Michael Hoyt, Clint Walker, Rachel Walker, and Anne Dare 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 made a motion to open the Revenue Neutral Rate hearing. Clifton seconded the motion and all approved.

Susan Walker, CFO, explained the changes to the RNR stating the revenue neutral rate is 56.586 mills and the proposed budget would exceed that at 59.907 mills.

Jim opened the floor for comments for any citizen that would like to speak. Michael Hoyt stated that RNR is smoke and mirrors and that it sounds good but is not. Clint Walker said it is admirable that you are trying to keep taxes lower.

Jim made a motion to close the RNR hearing. Clifton seconded the motion and all approved.

Clifton read resolution 15-23 a resolution to levy a property tax rate exceeding the revenue neutral rate.  Jim made a motion to adopt resolution 15-23 and exceed the revenue neutral rate. Clifton seconded the motion and all approved. All three Commiossioners filled out the roll call form and indicated how they voted as well as signed resolution 15-23.

Clifton stated he felt that the RNR process is absurd and ridiculous. Jim agreed and said it felt like a dog and pony show.

Jim made a motion to open the budget hearing. Nelson seconded the motion and all approved.

Susan Walker, CFO, discussed the proposed 2024 budget. Susan put together a chart that showed the funding we receive as a county entity with 60% of that being from property taxes.

Jim opened the floor to comments for the budget hearing for any citizen that would like to speak.

Michael Hoyt spoke of the money that we disperse to other entities and stated we need to hear from them more often and asked if they know what our expectations of them are. Clint Walker said everywhere he has been departments come in and gave reports and updates on measurable things. Mr. Walker also stated that an entity refuses to go to bulk fuel when you can save 45-85 cents per gallon that adds up to a lot of money. Nelson stated he disagrees with appropriations on a principal level and he would defund a lot of things but the state mandates we have to fund them. Clifton said the majority of our budget is road and bridge and the Sheriff’s department and the appropriations are minimal and that to make a difference you would have to cut everybody 15-20% across the board. Clifton said that it had been previously looked into and to have our own health department would cost us $200,000-$300,000 per year and we currently pay $90,000 to the SEK Multi-County Health Department. Jim said he agrees with Clifton and that the appropriations only equal approximately ¾ of a mill. Jim stated he is from a school where sometimes people need help and he will help people as long as he sits here.  Jim reiterated that the PILOT funds were used for Bourbon County REDI not taxpayer dollars. Clifton suggested showing Nelson the presentation Susan created before he was Commissioner that shows this Commission has done their job and lowered taxes.

Jim made a motion to close the budget hearing. Clifton seconded the motion and all approved.

Clifton made a motion to pass the 2024 budget as presented. Nelson seconded the motion and all approved.

All three Commissioners signed the 2024 budget certificate.

Clifton made a motion to adjourn the meeting at 6:09. Nelson seconded the motion and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

___________________, Chairman

___________________, Commissioner

ATTEST:                                                                                                    ___________________, Commissioner

Selena Alvarado, Bourbon County Deputy Clerk

    9-11-2023       Approved Date

August 28, 2023                                                                                                                   Monday, 5:30 p.m.

The Bourbon County Commission met in open session with Commissioners Jim Harris and Nelson Blythe and the County Clerk present.

Anne Dare, 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 Nelson Blythe.

Nelson made a motion to approve the consent agenda which includes approval of minutes from 8/21/23 and 8/24/23, approval of payroll totaling $336,998.21, and approval of accounts payable totaling $401,487.67. Jim seconded the motion, and all approved.

Clint Walker stated that Kansas is receiving $451,000,000 to allow for better cell phone service and computer service and he hopes Bourbon County receives their fair share of it.

Eric Bailey, Public Works Director, updated the Commissioners on the chip and seal project which Eric said is currently on hold due to the chip spreader breaking down last Friday. Eric stated they are taking the machine to G.W. Van Keppel for repairs. A blast is scheduled for Thursday at Thomas Quarry and the crusher is being moved there from the Beth Quarry. Eric said the crew is out patching potholes, mowing right of ways, and getting rock on the roads. Nelson said he received a call from Brent Smith and spoke to Eric about the status of a project on 115^th Street. Eric stated he would check into this as he thought the tubes had been installed. Jim asked Eric if his budget was doing ok and receiving reports, and Eric said he has been crunching numbers with Susan.

Rob Harrington, with Bourbon County REDI, stated he was here on behalf of Legacy Health Leadership Team to update the Commission on emergency services in Bourbon County. Mr. Harrington said Legacy Health is moving forward with a strategic partner to solidify emergency room services in Bourbon County. More information on a timeline and the partners will be announced in the next few weeks. Jim asked Rob to share with Legacy that he appreciates Legacy providing us an ER. Rob asked for a 3-minute executive session to update Commissioners on another project.

Jim made a motion to amend the agenda to add an executive session. Nelson seconded the motion, and all approved.

Nelson made a motion to go into a session under KSA 75-4319(b)(4) to discuss data relating to financial affairs or trade secrets of corporations, partnerships, trust and individual proprietorships to include both Commissioners, Rob Harrington, and Justin Meeks for 3-minutes returning at 5:41. Jim seconded the motion, and all approved.

Nelson made a motion to resume normal session at 5:41 with no action. Jim seconded the motion, and all approved.

Jim said he likes we are getting some roads done. Jim stated there will not be a Commission meeting on Monday due to Labor Day, but a meeting will be held after the budget hearing on September 7^th. Jim said the City of Fort Scott is meeting tonight to discuss the water situation and make a declaration since Bourbon County is in the emergency drought area declared by the state. Jim explained the Governor’s emergency drought declaration and how the state is allowing individuals permits to obtain water from state fishing lakes, however; Bourbon County does not have a state fishing lake. Jim said the city owns all the water, and they are taking notice and taking action.

Nelson said he has heard talk of mask mandates coming back and that he remembers when we had someone at the door checking temperatures and handing out masks and stated he will not have anything to do with that. Jim said if we have to go in that direction, Nelson would be allowed to vote. Jim said before he would entertain considering a vote, he would want to hear more from Clifton who is our health representative, Becky Johnson from SEK-Multi County Health Department, and have several health officials to talk to us and give us guidance. Anne Dare said we have learned a lot and that needs to be taken into consideration and that the monthly meeting of the SEK-Multi County Health Department will be held tomorrow in Garnett but she is unsure if that topic will be discussed. Jim said it is something we will have to watching going forward and see what happens.

Clint Walker questioned if the Commissioners have heard anything from the state about West Nile Virus that has been detected in surrounding counties. Jim stated he has not heard anything regarding West Nile Virus in the area.

Jim made a motion to adjourn the meeting at 5:46. Nelson seconded the motion, and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

___________________, Chairman

___________________, Commissioner

ATTEST:                                                                                                    ___________________, Commissioner

Selena Alvarado, Bourbon County Deputy Clerk

              9/11/2023          Approved Date