June 10, 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.

Vance Eden, Mike Wunderly, Bonnie Smith, Patty Ropp, Jill Franklin, Kim Sparks, Katie Casper, Mary Pemberton, Clint Walker, Rachel Walker, Roxy Gregg, Marla Sutterby, Kevin Sutterby, Pete Owenby, Jason Silvers, Josh Jones, Marty Dewitt, Deb Martin, Anne Dare, Michael Hoyt, Carol Didier, Cameron Didier, Carol Adamson, Steven Douglas Adamson, Ashley Adamson, Carl Linnenbringer, Dana McKenney, Gertrude Harper, and Brent M. Smith were present for some or all of the meeting.

Jim opened the meeting with the flag salute.

Jim stated there was a full agenda and reminded those signed up for public comments there would be a five-minute limit.

Clifton made a motion to approve the consent agenda which includes approval of minutes from 6-3-2024. Brandon seconded the motion and all approved.

Jessie Walker stated he was here last month with Lynne Oharah regarding 95^th and Unique Road and asked how the county could maintain the entire section of a road for years and then decide to only maintain part of it. Jim said when he was Public Works Director, he was notified that it was not a public road and that is why they stopped maintaining it. Mr. Walker said that someone came out and placed a white flag approximately ¾ of the way down the road and Eric said that was his department as the whole road is not open only a section and the rest is a lane as was explained to him by the Register of Deeds. Mr. Walker asked why the county has maintained it before and now will not and requested minutes from previous meetings where the road was discussed. It was explained to go to the Clerk’s Office and complete a KORA request form and he could obtain any minutes he would like. Jim said he would visit with the Lora, Eric, and Legal Counsel but that he can’t go against what they say.

Vance Eden said he is here tonight as a resident who is in support of solar panels. Vance stated he has done research regarding the development of solar and that he is not a tax appraiser nor accountant but believes that about 1 mill per megawatt would be on the tax roll after the 10-year abatement. Mr. Eden said he is not representing the school, however; there is not much industry in that half of the county and this could be a stimulus across the entire county and could reduce taxes which could entice companies to come into Bourbon County. Vance stated if taxes were not lowered then the additional revenue could be used to provide more services. Mr. Eden said he could understand why neighbors could be opposed to the solar panels but he is looking at the school and tax benefits. Brandon said he is not against solar panels but feels it is our job to protect people. Brandon stated he has done some research and for solar panels to produce the same megawatts as the Burlington power plant, which is on 9600 acres, there would need to be 15,000 acres of solar panels. Brandon said if it is negotiated right, it could be a lot of money for the residents but they need to be located in the right place. Jim said he has heard that there would be 45,000 acres of solar panels in Bourbon County and stated that number is not right. Katie Casper asked if she could get a question answered and was instructed to go in the hallway and ask Vance any questions she may have.

Pete Owenby asked when the money kicks in for the windmills. Jim said there is a 10-year abatement on them. Brandon spoke of the depreciation rate of the windmills which he said was at 7 years while solar depreciates at 20% and Clifton stated the windmills last longer than solar. Pete said he did a KORA request for the attorney rebuttal that was discussed at a prior meeting and was told it was attorney client privilege. Pete asked if they spoke to the attorney as a Commissioner or citizen and if the county paid for the attorney which Jim said the county did not. Pete asked for a contact at KDHE and explained the person he spoke to would not comment on solar panels and Jim said he would give him the numbers that he has for KDHE. Pete discussed a code of conduct resolution that was passed in 2020.

Becky Johnson, Administrator and Health Officer of the Southeast Kansas Multi-County Health Department, presented an annual report to the Commissioners that outlined some of their accomplishments for the last year.  Becky discussed some of their accomplishments such as holding tetanus shot clinic during the flood, hosting a community baby shower, having a nurse who is a CPR instructor and safe sleep instructor. Becky said they were able to attend more training including the Four Corners Emergency Management Conference as well as a billing and WIC symposium. Becky said they are continuing to add programs to help the citizens of Bourbon County and requested $95,750 in funding for 2025, which is the same amount as last year. Becky expressed how grateful they are for the continued support. Clifton said we are very fortunate to have Becky in our community and said she was asked to go to Topeka to speak.

Roxy Gregg, with the Pike Lake Group, presented 68 landowner petitions signed by homeowners who are against the Pike Lake Project. Roxy said she knows the bill has been said to be dead in the water but explained it could be brought back in 2025. Roxy asked the Commissioners if they were for or against the project. Brandon said he is against  the project and explained he did not think it would be good for Bourbon County where they are proposing it. Jim stated he does not support imminent domain; however, he is for an alternate water supply but in a different area of the county. Clifton said he was against the project from day one. It was questioned if the Commissioners would sign a resolution like they did in Cowley County and Clifton explained the resolution in Cowley County says no development by private individuals and that if this project were to happen it would not be private individuals doing the development. Jim thanked the group for all their hard work.

Kevin Davidson, Undersheriff, stated the Sheriff’s department is retiring a K9 and explained they received it free from Labette County and were able to use the dog for a while.  An agreement was presented for signature that outlines the retirement of the dog who will go to Deputy Penland. Brandon made a motion to retire the dog who will go to Deputy Penland. Clifton seconded the motion with discussion and added to allow Chairman Harris to sign the agreement. All approved the motion.

Jennifer Hawkins, County Clerk, stated she received a public notice from KDHE for the issuance of a new permit for Mike Rogers. Jim said he was told the permit was no longer needed. Jennifer presented an audit agreement with Jarred, Gilmore, and Phillips, PA for the fiscal year 2024 audit. Clifton made a motion to allow Chairman Harris to sign the audit scope for the fiscal year 2024 audit. Brandon seconded the motion and all approved. Jennifer reminded residents that the final day to turn in an interest letter to be considered for the solar panel committee is June 12^th. Jennifer presented Resolution 07-24 which outlines the salaries for elected officials and explained we are signing it now at the request of the auditors. Clifton made a motion to approve Resolution 07-24. Brandon seconded the motion and all approved. Jennifer asked to amend the agenda to add fireworks permits for two companies. Clifton made a motion to amend the agenda to allow discussion of fireworks permits. Brandon seconded the motion and all approved. Jennifer presented two permits for Jake’s Fireworks one for the corner of Wall and Goodlander Streets and another for 2221 S. Main Street. Clifton made a motion for Jim to sign the two permits for Jake’s Fireworks. Brandon seconded the motion and all approved. A permit for Hale’s Fireworks at 2523 S. Main Street. Clifton made a motion for Jim to sign the permit for Hale’s Fireworks. Brandon seconded the motion and all approved.

Jim discussed Neighborhood Revitalization Program errors and stated many distributions were long or short which results in approximately $33,000 that needs to be refunded to participants of the program. There are two choices for funding the refunds which would be to use the Appraiser’s 2024 fund or to go after the Appraiser’s bond. Jim thanked Jennifer, Susan, and Patty for putting safeguards in place to ensure that an error such as this does not happen moving forward. Jim said as just one Commissioner he does not want to go against the bond and suggested to use the Appraiser’s fund. Brandon said if we owe the money to the residents, we need to pay them and he agrees on not activating the bond and Clifton agreed. Brandon made a motion to use the Appraiser’s fund to issue refunds for the NRP errors. Clifton seconded the motion and all approved.

Brandon asked for a timeline for the ER so residents can be informed. Jim said Clifton will be discussing that during his comments section. Brandon said during his very first executive session Baker Tilly was discussed and he was unaware that you could discuss what was mentioned in executive session. Brandon explained that someone who was not in the executive session posted things online that was only mentioned during the executive session. Brandon asked how the individual got the information. Jim said he didn’t know. Brandon said he has made calls to KDHE and is waiting on a call back and that he has a call scheduled Wednesday with a solar company.

Clifton stated there would be a healthcare announcement made on Thursday at 10:00 at the hospital building. Clifton made a motion that all three Commissioners could be present and no Bourbon County business will be conducted. Brandon seconded the motion and all approved.

Jim said he might have been rude earlier but he doesn’t think people should intrude on other people’s personal lives.

Clifton made a motion to adjourn the meeting at 6:38. Brandon seconded the motion and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

___________________, Chairman

___________________,Commissioner

ATTEST:                                                                                                    ___________________, Commissioner

Jennifer Hawkins, Bourbon County Clerk

6-17-2024                               Approved Date

June 3, 2024                                                                                 Monday, 5:30 p.m.

The Board of Bourbon County Commissioners met in open session with Commissioners Jim Harris and Brandon Whisenhunt and the County Clerk present.

Clint Walker, Rachel Walker, Bo Casper, Katie Casper, Jason Silvers, Michael Hoyt, Larry Martin,  Deb Martin, Vance Eden, Pete Owenby, Brent Smith, Angie Owenby, Teri Hulsey, Deb McCoy, Mary Pemberton, and David Beerbower were present for some or all of the meeting.

Jim opened the meeting with the flag salute.

Brandon made a motion to approve the consent agenda which includes approval of minutes from 5-20-24, approval of April Financials, approval of payroll totaling $283,157.83, and approval of accounts payable totaling $406,658.57. Jim seconded the motion and all approved.

Jim made a motion to amend the agenda to add Vance Eden to the agenda before the public comments. Brandon seconded the motion and all approved.

Vance Eden, Superintendent of USD 235, stated he has been to a few meetings and provided statute to the Commissioners regarding distribution of funds and would like to get an update on the status of his request for Jayhawk Wind funds to be distributed to USD 235. Jim stated legal says it is a donation not PILOT funds which fall under different statues. Jim said he would support a project with USD 234 and USD 235 and Fort Scott Community College on a trades program and that they could possibly use wind money to support the joint effort. Vance handed out the Jayhawk Wind Contribution Agreement and Jim asked if it says PILOT, Vance said no but it does in meetings and on the budgets as well as receipts provided by the Treasurer’s Office. Jim said he wants to work with legal counsel to determine if we have to distribute the funds and asked Brandon if it was ok for him to work with Vance and Justin, which Brandon agreed to.

Katie Casper stated she spoke at the 4-15-24  meeting and that she was told by Jim if an attorney’s opinion was obtained that demonstrated how the Commission could establish and negotiate setbacks on existing contracts that you would amend the moratorium to include all contracts not just those signed and notarized after April 15^th. A group of concerned citizens contacted an attorney who has experience in the industry and delivered that letter to the Commission at the April 29^th meeting where both Commissioner Beth and Harris stated the letter had no legal merit based on the advice of five attorneys. Katie said when she asked if there was a written opinion from any of those attorneys the only documentation that she received was a print out of a PowerPoint Presentation from December 2023 that was presented at the Kansas Association of Counties meeting from an attorney group who represents NextEra. Katie said her question was since the citizens provided what was asked of them is there a formal response from any of the five mentioned attorneys that specifically addresses the opinion that was provided? Jim said that he has nothing in writing and that legal said we couldn’t because of the signed contracts. Jim said he has spoken to Crawford County officials on what they are doing regarding solar and thinks we can copycat off what they’re doing. Jim said he would ask if he could get a written legal opinion on why we cannot take on the contracts and he said our insurance company would cancel if we did this and we can’t operate as a county without insurance. Katie said she had a local insurance agent contact her who stated property owners who are considering solar contracts have asked if those solar panels are covered under their farm liability insurance and they are not. Katie stated the solar companies are not adding those property owners as loss payees on their insurance policies and thinks that is something the public needs to be made aware of. Katie stated at the May 20^th meeting the Commission advised citizens to get a petition signed by constituents if we wish to place limited zoning on the ballot. A petition was presented to the County Counselor for approval before circulating for signatures as required and the response they received was that said petition was invalid as by statute zoning cannot be placed on the ballot by petition but must be done by resolution of the Commission. Katie asked if it was known that a petition could not be used and if they were just sent down a rabbit trail or did no one know the process but we were advised to do it anyway? Jim said he thought that anything could go on the ballot. Katie reminded the Commissioners that they work for all the people of Bourbon County and stated some people don’t want zoning because they don’t understand what it means. Jim said they are going to get a committee together and a comprehensive plan must be in place before they can move forward and that is something they will talk about when Commissioner Beth gets back. Katie asked about conflicts of interest regarding the solar contract negotiations and Justin stated he has no conflict whatsoever. Katie asked Justin if he was aware we couldn’t put zoning on the ballot and he said he spent a good portion of his week researching zoning and that he has advised the Chairman to hire an outside expert like Crawford County has. Jim handed out copies of Resolution 05-22 and read the resolution that was passed by the Commissioners in May 2022. Jim said the Commissioners received the request for the resolution by citizens and that he supported it and it clearly says we don’t support imminent domain. Jim said that they support individual’s property rights and now people are asking them to tell their neighbors what they can and can’t do. Larry Martin asked if his neighbor’s property rights cancel out his property rights. Jim said if it harms you then it is a civil matter. Tim Emerson said it affects everybody in Bourbon County because if there is a hailstorm then the runoff will go into creeks. Jim said he respects Tim’s opinion but said that to his knowledge KDHE doesn’t think they’re as dangerous as he let on. Pete Owenby asked if that means he can do anything on his land and who cares what his neighbor says?

Clint Walker spoke of the importance of a grant writer and referred to an article he read about a resident who was able to get a new roof and said he thinks the County, Cifty of Fort Scott, and City of Uniontown should work together to try to do that.

Mary Pemberton said it irritates her that you don’t take the time to educate yourself before you take action. Mary said that property owners have nothing to do with setbacks. Jim asked why Mary wanted a committee formed then. Mary said that the setbacks are determined in  the contracts the County Commissioners sign with the developers. Mary said to look at what was done in the past and not make the same mistake in the future.

Pete Owenby asked Jim if he looked at the solar farm in El Dorado Springs, Missouri and Jim said no, but he looked at one by St. Louis. Pete said he got out and walked near the one in El Dorado Springs and that he could feel electricity in the air that made his hair stand up. Pete asked if they are sure there is no conflicts of interests in the negotiation of the solar projects and Jim said he can’t speak for Brandon or Clifton but that he has no conflict of interest. Pete asked what is going to happen when his insurance rates are going to go up due to the solar farm that will be next to his house and property. Jim said that would be a civil matter.

Eric Bailey, Public Works Director, presented the monthly culvert report for approval and stated the fuel report was emailed to them. Eric said they are currently mowing hard surface roads and main arterial roads. Eric and Dustin Hall, Assistant Public Works Director, discussed the storm cleanup and stated due to the amount of damage it could take one to two years to get everything back to how it was. Eric and Dustin have driven all the roads in the county and marked damage on the map and their estimate of damage is 9.5 million dollars and that includes debris removal, washout repairs, gravel, culverts, and putting the roads back in the condition they were. Eric asked to be allowed to purchase through SourceWell a mini excavator in the amount of $46,408.27 by lease purchase to use for the storm cleanup. Eric said he feels they will be reimbursed for the work through FEMA. Eric said if FEMA doesn’t cover the cost, they have enough in their equipment fund to cover the purchase. Brandon made a motion to approve the purchase of a Sany SY35CU with our first payment due next February at a rate of 4.05%. Eric said if they are reimbursed by FEMA, they plan to pay it off before they pay any interest on the machine. Jim seconded the motion and all approved. Eric asked for a 10-minute executive session for non-elected personnel. Brandon made a motion to go into a 10-minute executive session under KSA 75-4319 (b)(1) to discuss personnel matters of individual nonelected personnel to protect their privacy to include both Commissioners, Eric Bailey, and Justin Meeks and they will return at 6:43. Jim seconded the motion and all approved. Jim made a motion to resume normal session with no action at 6:43. Brandon seconded the motion and all approved.

Teri Hulsey, EMS Director, said she posted their stats online and received a lot of questions regarding it so she would like to answer those tonight. It was asked what constitutes a dry-run and Teri said that could involve blood draws for the Sheriff’s Office or Police Department after CHC is closed, lift assists for the elderly who fall but are not injured and sign a refusal form. Teri said they are dispatched to all car versus deer accidents when airbags have deployed even if the caller said they are not injured and they will obtain a signed refusal form. Teri said it can also be if a patient calls EMS but then decides they don’t want to be treated. EMS had 98 dry runs last month. Diabetic emergencies with low blood sugar can usually be treated on scene and billed because the paramedics give medication to help raise the blood sugar while the other dry runs listed are not billable. Teri said that they could be cancelled in route due to an OnStar crash activation when the Sheriff’s Department or Police Department get on scene and state there is no need for EMS. Teri said they respond to all structure fires and remain on scene until released by command. Events such as the rodeo and sporting events are examples of standby calls where EMS can bill for their services. When employees are notified to come in for an all call, they are reimbursed their normal rate for a minimum of two hours. All 911 calls with transport are billable and Teri said she does not have the number of those that don’t pay. Teri said they are going to start using the State Setoff Program to try to recover some of the EMS bills that have not been paid. Teri stated they received a $3,000 grant from Wal-Mart and she thanked REDI for their help obtaining that.

Jennifer Hawkins, County Clerk, presented an Office365 quote from the IT department for the Commissioners to approve. Brandon made a motion to approve, sign, and pay the Office365 quote as presented. Jim seconded the motion and all approved. Jennifer stated she received a public notice from KDHE regarding an NPDES permit renewal for a rock quarry at 521 55^th Street in Uniontown. The public notice is available for view in the Clerk’s Office.

Brandon said the longer he sits in the Commission seat it seems that residents are getting angrier about solar projects and urged residents to reach out to their neighbors. Brandon said that there is a lot of anger and discontent that solar has caused in the county and he let residents know that they can call him and discuss things so cooler heads can prevail. Jim stated a lot of people are opposed to zoning and that some want solar and that there are people in the county who still didn’t know anything about it. Jim said he talked to two companies who spoke about putting up evergreen trees around the projects and said arguing won’t settle anything.

Michael Hoyt asked how long before the Commissioners hired outside council and if it would be just for zoning or for wind and solar power. Jim said his opinion is he would like to discuss next week going forward with an outside consultant to come in and help us move forward including solar panel farms and any type of special use permit. Michael asked if it was going to be a consultant or legal counsel. Jim said he would like to have work session with the Commission where the public would be invited and they would sit down with a consulting person from a firm that has done this before. Jim said Crawford County is going to let him know who they will be using. The deadline for an individual who is interested in submitting a letter of interest for the solar panel farm committee is June 12^th.

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

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

___________________, Chairman

___________________,Commissioner

ATTEST:                                                                                                    ___________________, Commissioner

Jennifer Hawkins, Bourbon County Clerk

6-10-2024                               Approved Date