Bourbon County Courthouse

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

Fax: 620-223-5832

Bourbon County, Kansas

Brandon Whisenhunt

1st District Commissioner

Jim Harris, Chairman

2nd District Commissioner

Clifton Beth

3rd District Commissioner

Bourbon County Commission Agenda 210 S. National Ave.

Fort Scott, KS 66701

October 15, 2024 9:00 a.m.

1. Call Meeting to Order
2. Flag Salute

• Approval of Consent Agenda
  1. Approval of Minutes from 10/7/2024

1. County Clerk
2. KCAMP Meeting Delegate
3. Kansas Gas Agreement
4. New Year’s Holiday
5. Election Information
6. Insurance
7. Commission Comments
8. 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.

The Bourbon County Courthouse and Transfer Station will be closed on Monday, October 14, 2024, in observance of Columbus Day.

October 4, 2024                                                                                                                Friday, 10:00 a.m.

The Board of Bourbon County Commissioners met in open session for a special meeting with  Commissioners Harris and Whisenhunt and the Deputy County Clerk and County Clerk present.

Anne Dare, Brian Allen, and Becky Whisenhunt were present for some or all of the meeting.

Jim led the flag salute.

Jim made a motion to go into a 5-minute executive 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 and will return at 10:05. Brandon seconded the motion and all approved. Jim made a motion to resume normal session at 10:05 with action. Brandon seconded the motion and all approved. Brandon made a motion for Chairman Jim Harris to take over the dealings with Freeman Hospital business and the equipment side of things. Jim seconded the motion and all approved.

Jim stated to the citizens of Bourbon County we will work hard and we’re going to get this wrapped up pretty quickly. Jim stated Freeman has been in contact with him and that Commissioner Beth has worked his tail off and he has a lot of personal things going on while Jim is retired and has more time. Jim stated he has put a circle team together which includes the City Manager, a City Commissioner, the COO at KRI, Dr. Nichols, Justin Meeks, Bob Farmer, and himself and we together we will get this done. Jim said he appreciates Brandon’s support.

Jim asked the audience members if there were any questions. Anne Dare asked if there is any update from Monday regarding the equipment lists? Jim said Commissioner Beth might have it in his possession and he will know later today, however; they received a verbal commitment from Mercy to release that equipment back to Bourbon County and withdraw their concerns. Jim said they have that commitment coming in writing. Jim said he has spoken with Mr. Denning and he has also spoken to professional movers to move the equipment from Pittsburg back to the medical building. Jim said they are in contact with the proper people to make sure the machines are erased properly as there is previous patient information that must be erased. Jim said he is happy with the team he has put in place and now with Brandon’s help they are going to move forward and get this done pretty quickly. Jim said he wants to thank Commissioner Beth publicly for everything he’s done an outstanding job but just had some personal things come up. Jim said he is honored to take this over with Brandon’s support. Jim stated they will get this done and asked the Bourbon County citizens to be patient a little longer. Anne asked if Jim could name which City Commissioner is on the team. Jim said he is not sure yet which City Commissioner will be working with him regarding this. Anne also asked if there is a representative from Freeman working with them? Jim said he will be working with Paula Baker and Renee Denton from Freeman and will meet with them on Monday. Anne asked about the equipment list that Jim is still waiting on and he told her he has a list from Dr. Nichols and Mr. Denning of the three pieces that are missing. Jim said they know where the equipment is and are working with Mercy to get it collected. Jim said Freeman needs to know that we’re getting this equipment moved back here quickly, in place, and tested so that KRI can finish their testing and licensure with the state. Anne asked if there is any timeline for Freeman to open the ER as they initially said April 2025. Jim said he does not know if that has changed as he has not been included in the meetings but he may know more next week. Jim said going forward he will be at every meeting and will report back to the citizens what he knows and what he is able to share. Jim feels the equipment should be moved back to the medical building this week or early next week. Brandon said the memory part of the portable x-ray machine, cat scan, and ultrasound machines is what was missing and that was pulled due to HIPPA since it contained patient information. Brandon said once it is back a team of technicians will come in and inspect the equipment and will be able to tell if anything is not working properly. Anne asked if there is going to be any extra expense expected from the county for the equipment. Jim said there could be $15,000 to $20,000 in expense for getting the technicians in to inspect and test the equipment. Jim said there is currently $72,000 in the Commission Contingency fund and that is where we will pay any expense we incur with the equipment. Jim said it is our equipment until we sign it over to KRI or Freeman and it is our responsibility to ensure it works. Anne asked what Legacy’s role is in all of this? Jim said he has been told Legacy is very cooperative and working with KRI. Jim thinks there was some miscommunication because last week Legacy was talking to KRI’s CEO not their COO. Anne asked if Legacy and KRI are talking about KRI purchasing the building. Jim stated that was true and he was told the tax abatement just recently happened. Brandon agreed and said the state just sent the county the information three weeks ago. Jim said he talked to the County Treasurer and everything is in order on the tax roll and she has contacted KRI as well as Legacy at his request to show the clean slate on their taxes. Jim said that can be turned into the deed company to get a clean title to transfer the building. Jim said he is happy how things are going well. Anne said it is encouraging to finally be able to hear updates. Anne said she is aware that there are things that cannot be shared but that it is a little difficult to continue to hear that there are multiple meetings with no updates. Jim said he is meeting with them on Monday with an action plan. Jim said we need to get the emergency room here as well as the 10-bed hospital here for the citizens and KRI. Anne said she appreciates Jim and Brandon’s efforts. Jim said he appreciates Brandon’s support this morning and it is time to get this done. Jim said he will know later if the date the ER will be operational is moved back and will let everyone know. Jim said their goal right now is to make sure KRI is fully functional with an ER and 10-bed hospital. Brandon said he thinks this is the right move as Jim has been behind the ER project since day one trying to get it pushed forward and that is not to take anything away from Clifton with what he has done on it. Brandon said Clifton and Jim have worked very hard on this and he is glad that we can move forward and get everybody the emergency room and 10-bed hospital that they wanted.

Jim made a motion to adjourn the meeting at 10:16. Brandon seconded the motion and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

___________________, Chairman

___________________,Commissioner

ATTEST:                                                                                                  ___________________,Commissioner

Jennifer Hawkins, Bourbon County Clerk

10-7-2024                                      Approved Date

September 30, 2024                                                                                                        Monday, 5:30 p.m.

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

Mike Wunderly, Clint Walker, Rachel Walker, Kyle Parks, Sheena Parks, Monte Carriker, Pete Owenby, Leroy Kruger, Samuel Tran, Kay Tran, Tim Emerson, Anne Dare, Brad K. Blythe, Mary Pemberton, Vance Eden, Jason Silvers, Deb Martin, Brent M. Smith, Bobby Bobzien, Kaety Bowers, and Dave Bowers were present for some or all of the meeting.

Jim opened the meeting with the flag salute.

Clifton made a motion to approve the consent agenda which includes approval of minutes from 9/16/2024 approval of accounts payable totaling $386,598.32, and payroll totaling $300,038.70. Brandon seconded the motion and all approved.

TJ Denning, COO of Kansas Renewal Institute, stated he was present to answer any questions the Commissioners have and to tell them the position KRI is in with trying to get the ER open. Mr. Denning said he has had no update on the equipment donated to Bourbon County, that there is a list of equipment that isn’t there, and a list of things that have to be fixed in order for Freeman to come in. Clifton said he talked to Freeman this morning. Jim said the County Counselor told him that they think a lot of things were resolved this morning but they can’t talk about it publicly just yet. Mr. Denning stated he needed to be in the loop on that as he is doing the licensure process and signing contracts for service agreements. Mr. Denning questioned where they are on the building stating they are ready to take ownership and that he knows the tax abatement came through from the state for Legacy but he hasn’t heard anything back. Mr. Denning said he needs some answers to be able to carry on with their business and to make things happen. Mr. Denning stated they have invested a ton of money into the facility and are constantly going through inspections for CMS and  the fire marshal for a building that isn’t in their name yet. Jim said it is possible that one of the Commissioners can have some discussion with Legacy and go forward and get him some formation. Mr. Denning stated that would be great and asked what he can do to help as he has come in and tried to build partnerships and be an open book. Mr. Denning said he is from Nevada, MO and is very passionate about rural communities and helping communities out. Mr. Denning said he needs this information to make sure they are established and here for a long time to help. Jim said he will work hard to get the information that Mr. Denning needs and thanked him personally as a citizen as well as a Commissioner for what he has done for us here in Bourbon County. Brandon asked how soon we can get Mr. Denning the information he needs. Jim appointed Clifton to talk to Legacy right away and get Mr. Denning information. Mr. Denning asked how soon he can get the information as he has to have the drawings between Freeman and himself signed and sent into CMS by the end of this week. Clifton said he doesn’t have a problem reaching out to them but they are a private company. Jim said he wants them to be successful and they will try to help them out.

Clifton made a motion to amend the agenda to move Samuel Tran before the PVD conference call. Brandon seconded the motion and all approved.

Samuel Tran said about a month ago he came in and voiced his concerns regarding solar in Bourbon County. Mr. Tran said he voted no on the setbacks as a committee member and thought the vote was premature and they needed additional information in order to make an objective decision. Mr. Tran stated he is for setbacks but feels 50 feet is not enough especially if it is close to anything storing flammable agriculture products. Mr. Tran said he has found during his research that when there is a battery energy storage system fire that the fire departments evacuate residents up to ½ mile away due to the hazardous gas and potential toxins. Mr. Tran said he is concerned there would be the introduction of water contamination from the fire extinguishing process into our streams, rivers, ponds, and watersheds and therefore it is his recommendation to the Commission to implement a 500-foot setback from all residential sites, outbuildings, streams, rivers, ponds, and watersheds until the solar companies can present a comprehensive plan to mitigate fire and prevent contaminated water from entering out water system. Mr. Tran said he believes that need for zoning or special use permits is clear. Mr. Tran said many believe that zoning would be an infringement on property rights and that these measures would protect all property owners and put them all on the same footing. Mr. Tran said he feels that the tax dollar numbers of 94 million in property tax payment sounds very enticing but he feels it is merely corporate gaslighting numbers regaled for the benefit of the uninformed to sway public sentiment while the true nature of the message was to affect the success of a new generation. Mr. Tran said during his research he found 100 companies that went bankrupt in 2023 and stated these are not the companies who built the projects but the ones who bought the contract and who would be responsible for paying the taxes. Mr. Tran urged residents to become informed regardless of how you feel about solar and to ask questions, look information up, educate yourself and become engaged to get the word out because you can make a difference. Mr. Tran asked how much money the county received from the windmill project each year and how much of that money went to the school districts? Jim said it is close to $399,000 a year and that roughly half went to salaries and the other half went to lower property taxes. Mr. Tran asked if either school district has received money from them and Jim said no but they are hopefully changing that because he believes they should get some money.

At 5:45 Mike Dallman, Property Manager for the Property Valuation Division of the Kansas Department of Revenue, called in to go over the compliance report for Bourbon County. Mr. Dallman said that we are not in compliance this year as our residential properties are not where they are supposed to be. Mr. Dallman stated the reason for the call is by statute he must talk to the Board of County Commissioners of any county not in compliance. Mr. Dallman went over the scorecard and stated there were 10 counties out of compliance this year. Mr. Dallman said the residential market has increased dramatically since COVID and that some counties have raised 20-30% to get their properties where they should be. Matt Quick, County Appraiser, said he does not want to raise the property values like that and that once you get behind it is hard to get caught up.

Eric Bailey, Public Works Director, presented a utility permit for a company putting in a call tower at 205^th Street and Osage Road. Jim asked if the roads in question were gravel and Eric stated the are. Clifton made a motion to sign the permit for Kevin Sargent of ADB Companies on behalf of MCI. Brandon seconded the motion and all approved. Brandon asked Eric if the company is going to cut across the road and Eric said they will just be installing in the county right-of-way.

Jennifer Hawkins, County Clerk, asked the Commissioners if they want to hold a meeting on October 14^th since the courthouse will be closed in observance of Columbus Day. After discussion it was decided to hold a meeting on October 15^th at 9:00. Jennifer said the last day to register to vote or update your voter registration information is October 15^th. Jennifer explained that anybody who will turn 18 on or before November 5^th can fill out a voter registration card and will be put in an underage status and the system will automatically roll them into active registered status on their birthday. Early voting will begin on October 21^st in the Commission room. Early voting hours will be 10/21/24-10/25/24 form 8:30 a.m. -4:30 p.m., from 8:00 a.m. to 12:00 p.m. on 10/26/24, 10/28/24-11/1/24 from 8:30 a.m. – 4:30 p.m., 8:00 a.m. – 12:00 p.m. on 11/2/24, and 8:30 a.m. – 12:00 p.m. on 11/4/24. Regular polling sites will be open from 7:00 a.m. – 7:00 p.m. on 11/5/24.

Clifton made a motion to go into a 7-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 Eric Bailey and will return at 6:40. Brandon seconded the motion and all approved. Clifton made a motion to resume normal session at 6:40 with no action. Brandon seconded the motion and all approved.

Jim said he received notification from the Thomas family that they want to stop the lease on the Thomas Quarry. Jim said it is a 90-day notification to get the equipment out and that they stated it was not as beneficial as the family thought it would be. Brandon asked what it would do to our public works department and Clifton said it would hurt it. Clifton said we own 300 acres at Elm Creek and if we drill on our own land this could eliminate losing the quarry leases. Eric said that they have lost two good quarries and it would be beneficial to have one the county owned. Eric said he would not know the quality of rock at Elm Creek without drilling but he can do that if the Commissioners want him to. Clifton made a motion to allow Eric to core the property at Elm Creek to see if the rock is good. Brandon seconded the motion and all approved. Brandon said you don’t know until you look at it but that people love that lake and if we mess with it, they will be mad.

Jim said he as heard setbacks of 50 feet to 4600 feet but it is time for the Commission to decide on a number. Jim said they can’t make the solar companies do the setbacks they can only ask. Brandon said he thinks 1800 feet while Clifton suggested 300 feet. Clifton said the solar setback committee recommended 50 feet and that if we ask for something ridiculous, they could end up putting it in at 25 feet. Clifton stated to ask for something reasonable but more than 50 feet. Jim said his job is to represent all property owner rights and he agrees with what Clifton said about asking for a reasonable distance. Jim said that 300 feet is a football field and you won’t see the panels if trees are planted as well. Jim said he feels the company he has talked to would be receptive to a reasonable setback. After discussion it was decided to ask for 400 feet setback from a residence. Clifton made a motion to allow Chairman Harris to visit with NextEra about setbacks and the donation agreement. Brandon seconded the motion and all approved.

Jim asked for a 7-minute executive session regarding nonelected personnel.

Clifton made a motion to go into a 7-minute executive session under KSA 75-4319 (b)(1) to discuss personnel matters of individual nonelected personnel to protect their privacy to include the three Commissioners and will return at 7:09. Brandon seconded the motion and all approved. Clifton made a motion to resume normal session at 7:09 with no action. Brandon seconded the motion and all approved.

Clifton made a motion to amend the agenda to add an executive session. Brandon seconded the motion and all approved.

Clifton made a motion to go into a 3-minute executive session under KSA 75-419 (b)(4) to discuss data relating to financial affairs or trade secrets of corporations, partnerships, trust and individual proprietorships to include all three Commissioners and will return at 7:13. Brandon seconded the motion and all approved. Clifton made a motion to resume normal session at 7:13 with no action. Brandon seconded the motion and all approved.

Brandon asked residents to be patient and stated he thinks we are getting stuff figured out.

Clifton made a motion to adjourn the meeting at 7:14. Brandon seconded the motion and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

___________________, Chairman

___________________,Commissioner

ATTEST:                                                                                                  ___________________,Commissioner

Jennifer Hawkins, Bourbon County Clerk

10-7-2024                        Approved Date