May 8, 2023 Monday, 5:30 p.m.
The Bourbon County Commission met in open session with all three Commissioners and the County Clerk present.
Shirley Richard Locke, Deb McCoy, Clint Walker, Anne Dare, Teri Hulsey, Trace Evans, Don George with KDWP, Michael Hoyt, 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 last week, approval of payroll totaling $210.758.69, and approval of accounts payable totaling $321,662.17. Jim seconded the motion and all approved.
Eric Bailey, Public Works Director, presented the Commissioners with a Request for Quote for the overpass feasibility study. Eric stated the request will be published in the newspaper this Saturday. Jim clarified that the request has already been approved and Eric was just giving a copy to the Commissioners for review before publication. Nelson asked when the last overpass study was completed and it was discussed at least eleven years ago, and that location was for 23rd Street, which would not work out now due to the expansion of local businesses. Jim stated Jayhawk Road is not a locked in as the location, and that after the feasibility study, a better area might be suggested. Nelson questioned if we had to have the feasibility study before we applied for grants, and Jim replied yes. Jim explained it seems like a lot of money, but sales tax money can be used since it is a hard surface road. Eric updated the Commissioners that the house at 201 Crawford has been torn down, and they will finish hauling it off tomorrow. Eric thanked the Commissioners for giving him permission to purchase a truck for the landfill if one came available and gave details on the truck that was purchased. A 2018 Mack Pinnacle CXU613 with 156,000 miles and 505 horsepower was purchased for $74,000 delivered. Eric said the truck currently at the landfill will be moved to road and bridge to haul gravel with a belly dump trailer. Eric said the laydown machine is having motor issues again and they are waiting on a part to fix it, and they are looking at the later of the part of the week having it back. Eric said he wants to start the asphalt program right away as the oil prices are low right now. Eric said they are going to start at 245th and Valley and work east to the state line. Eric said the culvert crew replaced some culverts last week to be ready when they are able to start asphalting. Eric said the culvert crew is working down their list of culverts that need to be installed and the bridge crew is cutting trees and clearing decks.
At 5:45 the public hearing for the 5-Year Solid Waste Plan opened. Jim explained that per statute this plan has to be updated which generally includes updating the committee to reflect any new commissioners. Eric stated the other changes are we are now a composting facility at the landfill due to accepting soybean hulls and waste and adding sawdust to them to make compost. Jim opened the hearing to public comments and Clint Walker stated he think it’s wonderful that Bourbon County is doing composting. Clint questioned if the compost can be used for cover for the construction and demolition area, and Eric said yes. Michael Hoyt questioned where the soybean waste product was going before Bourbon County started accepting it, and Eric stated Arcadia. Michael voiced his concerns about the issues the city is having at the wastewater treatment plant and doesn’t want to move the problem from one location to another. Jim stated he was not sure what type of material the city was accepting but explained that the county is accepting hulls which can be fed to livestock, so it is pretty safe. Eric said that a sample of the soybean material was sent to K-State and the results came back good with it only being high in nitrogen and was told what to mix in to make it lower. Clifton made a motion to close the public hearing. Nelson seconded the motion, and all approved. Clifton made a motion to adopt the 5-Year Solid Waste Plan and resolution 11-23. Nelson seconded the motion, and all approved.
Lora Holdridge, Register of Deeds, handed out a map showing the location of a portion of road that has been requested to be closed. The road closure will be placed on the agenda again in a few weeks once the Commissioners and Public Works Director have a chance to look at the road.
Don George, with Kansas Department of Wildlife and Parks, came to discuss other possible revenue sources to help with the repair of Elm Creek Lake dam. Don said the first step is to have a meeting to get the best estimate for repairs that we can. Jim asked if it would be good to get some contractors to come out and give estimates for the repair and asked Eric to meet with them. Eric said that would be a good idea to get an idea of how much it would cost so that we can make an educated decision. Don commented about the $165,000 estimate the engineer had previously submitted, but Eric said that was only to fix the initial problem and doesn’t include the valve or the areas to the west by where the drain is. Eric said when we tear into the dam, we need to fix it completely, not just put a Band-Aid on it. Clifton said he feels at least three contractors need to look at the dam to get their opinions. Clifton said there are several contractors in the area with the equipment and expertise to fix the dam. Eric asked if Jim would like to be involved with the contractors since he was here previously with repairs. Jim said he would if Eric would like him to be, and Clifton and Nelson both said that would be ok. Don said he had mentioned an opportunity to apply for an additional $40,000 grant and spoke of a new special account for lake renovations that just started this year. Mr. George said he wants to help Bourbon County but really needs to get solid numbers within the next three weeks. Don said he would like to be kept informed and the sooner the better.
Mark McCoy had submitted his letter of resignation for the Southeast Kansas Multi-County Health Department Board to the Clerk. Clifton Beth and Anne Dare are also Bourbon County representatives for the board. The Commissioners discussed the board and were unable to come up with an individual to appoint to the board. Clifton suggested putting a notice of the vacancy on the county website and Facebook asking for interested individuals to submit an application.
Lora Holdridge said she met with the City of Fort Scott and they brought her plat maps so that she could research the interior roads at the Fort Scott Lake. Lora said the maps the city brought were not signed, so she went through the maps in her closet and found signed maps that showed the only roads that are Bourbon County’s are 190th Street and 195th Street. Lora stated all interior roads and the common area belong to the City of Fort Scott. Jim asked what the process would be if the city wanted to give the county the roads and Lora stated they would have to do a Deed of Dedication. Beth Nuss thanked Jim for bringing the matter forward so the residents could know what is going on moving forward. Beth said it sounds like they need to visit with the City of Fort Scott. Frank Halsey questioned if a precedence was set about 20 years when the county was paving 190th Street and paved the access roads as well. Jim said the City of Fort Scott needs to get involved with this matter and fix the roads or start the process to petition the county to take over the roads.
Justin Meeks, on behalf of Susan Bancroft, asked the Commission to set up two days for reviewing department budgets. After discussion the it was determined to set up the budget meetings for June 12th and 13th starting at 8 a.m.
Teri Hulsey, EMS Director, and Trace Evans came to follow up on the discussion of purchasing an ambulance. Teri commended Trace for doing the leg work researching and trying to find available ambulances. Teri said they have spoken to Dave Vance at Osage, and they will hold the demo unit for delivery in fall 2024. Jim said he spoke to Susan and said that if it is purchased today, it would have to be paid for this year unless the company is willing to allow us to do a two-year lease purchase and make the first payment this year and pay it off next year. Clifton said there is cash basis law that we have to follow. Trace said he has been reassured that if we need to split payments, we can do that. Clifton asked if there is any reason to keep the old ambulance since we would only receive $10,000 for the trade in. Trace said it could be used as a backup and used as a standby unit for area football games. The Commissioners discussed the benefits of keeping the old unit and decided to keep the old ambulance. Clifton made a motion to accept the demo truck from Osage, keep the old ambulance for a backup, pay the full amount of $306,323.35, and to allow Chairman Harris to sign the purchase agreement. Nelson seconded the motion, and all approved. Clifton said that if we didn’t purchase this demo unit it would be 2026 before we would be able to get a new ambulance. Trace agreed and said he has reached out to other companies and the soonest they could get an ambulance would be spring 2026.
Clint Walker suggested reaching out to senators for money, like CHC has done. Clint also thanked the Commissioners for the gravel on Tomahawk Road.
Michael Hoyt handed out an article from the Kansas Bar Association outlining the position the Kansas Supreme Court has taken interpreting the Kansas Open Records Act. Mr. Hoyt said a few KORA requests that have been submitted to the Clerk’s Office have been denied for various reasons including identifiable personnel records. Michael said that the Supreme Court ruling says that individuals who submit KORA requests cannot be charged for paper copies if the documents can be submitted electronically.
A 5-minute break was taken, and normal session was resumed at 6:30.
Clifton made a motion to go into a 15-minute executive session 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 possible litigation to include the three Commissioners and Justin Meeks and will return at 6:45. Nelson seconded the motion, and all approved. Clifton made a motion to resume normal session at 6:45 with no action. Nelson seconded the motion and all approved.
Clifton made a motion to go into a 10-minute executive session KSA 75-4319 (b)(2) for consultation with an attorney for the public body or agency which would be deemed privileged in the attorney-client relationship for possible litigation to include the three Commissioners and Justin Meeks and will return at 6:57. Nelson seconded the motion, and all approved. Clifton made a motion to resume normal session at 6:57 with action. Nelson seconded the motion and all approved.
Justin Meeks asked the Commissioners to give the Clerk the ability to schedule some employee training and if there is overtime to approve the overtime as well.
Clifton made a motion to allow the Clerk to set up employee training that could potentially result in overtime and to approve that overtime. Nelson seconded the motion, and all approved.
Clifton said last week he discussed talking to senators and received approval from the other Commissioners to ask for money. Clifton said as a taxpayer he would like to see everybody who is spending the tax dollars to submit an invoice for those expenditures, and Jim agreed. Jim said the Commissioners are responsible for the budgets, so they are requesting all department heads or elected officials submit invoices for all purchases to the Clerk and accounts payable for payment or it might be questioned if they are paid or not. Jim said he appreciates all Eric is doing for the roads, that he has called him about a few roads, and he has a quick response for our public.
Nelson made a motion to adjourn the meeting at 7:01. Clifton seconded the motion, and all approved.
THE BOARD OF COMMISSIONERS
OF BOURBON COUNTY, KANSAS
___________________, Chairman
___________________, Commissioner
___________________, Commissioner
ATTEST:
Jennifer Hawkins, Bourbon County Clerk
_______________, Approved Date
“Clifton said as a taxpayer he would like to see everybody who is spending the tax dollars to submit an invoice for those expenditures, and Jim agreed. Jim said the Commissioners are responsible for the budgets, so they are requesting all department heads or elected officials submit invoices for all purchases to the Clerk and accounts payable for payment or it might be questioned if they are paid or not.”
Accounting controls 101; purchase order, receiving ticket, invoice detailing items – all reviewed for authority for purchase amount, then the bill gets paid. Anything less leaves things open for fraud and abuse. Simple proper accounting controls.