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 30th and by statute they do not have to be mailed until December 15th. 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 18th 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 20th 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