June 24, 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.
Clint Walker, Nathan Fawson, Bonnie Smith, Kyle Parks, Sheena Parks, Jean Tucker, Rachel Walker, CJ Robison, Leroy Kruger, Bo Casper, Bill Fiscus, Deb Martin, Katie Casper, Mary Pemberton, Tiana McElroy, Anne Dare, Patty Ropp, Mike Wunderly, Jason Silvers, Marty Dewitt, Jan Seested, Deb McCoy, Josh Jones, Sparky Schroder, Pete Owenby, and Kathy Brennon 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 6-17-2024. Brandon seconded the motion and all approved.
Kyle Parks introduced himself and stated he and his wife have lived in Bourbon County for the last 40 years and this is where he chose to raise his family and he would like to see them stay here. Mr. Parks said he taught agriculture education and FFA for 38 years and his moto was “what is best for kids” and thinks that the moto “what is best for Bourbon County” needs to be used. Mr. Parks said he has strong feelings on solar and can see both sides of it and feels Bourbon County is a pretty county and that the US can’t keep losing ag ground. Mr. Parks said that money shouldn’t be the top priority and that being good neighbors and friends should be better. Mr. Parks also said he doesn’t see the ground going back into ag production after solar panels and urged people to think of the future generations and not just now. Mr. Parks thinks we should work together where it is not intruding on people’s view or property.
Sage Hall said there are multiple ways to create energy for electricity such as geothermal, methane from landfills, boilers, sound waves, and burning waste that do not include taking ag land. Mr. Hall read an article outlining a solar development where the landowner thought he would be able to graze sheep under the panels but the original company he signed with sold his contract to a developer who brought in rock and eliminated the ability to graze sheep. Mr. Hall said that the contract was sold to a foreign company who was merely fined for violating the contact but there are several instances of liens being placed against the property when the companies fail to pay contractors and that this owner had to hire an attorney. Mr. Hall said that liens being placed against the property is common and happened in Allen County with their windmill projects. Mr. Hall said he is worried for his kids’ safety at the current setback of 25 feet.
CJ Robison said she and her husband Charles are elected precinct delegates for Marmaton Township who attended a Republican party meeting last Thursday where those present conducted a vote of no confidence against Commissioners Beth and Harris. CJ stated this vote was due to the complete violation of the Code of Conduct for elected and appointed officials of Bourbon County per Resolution 22-20, Code of Conduct, Bourbon County, Kansas dated June 30, 2020. CJ said the vote passed 29-0 with 8 individuals abstaining. CJ said if there are any questions, please attend the next meeting which will be held on July 18 at the fairgrounds.
Nathan Fawson, CEO of SEK Mental Health Center and Ashley Clinic, presented the 2025 budget request along with Joe Springer and board members Jeff Fischer and Marty Dewitt. Mr. Fawson said the SEK Mental Health Center was founded in the early 1960s and receives funding from the county to give care to those who cannot afford to pay. Services provided by SEKMHC include 24/7 crisis intervention, outpatient psychiatry, therapy, chemical abuse counseling and education, case management, parent support, psychosocial skill development groups, and supported employment and housing. Service enhancements include Telehealth treatment options e.g., Zoom and/or telephonic across all services to improve treatment access. Mr. Fawson said in the last few years their clinic achieved CCBHC certification and was one of the first six out of 26 clinics in the state to achieve this. Mr. Fawson said they have partnered with the Ashley Clinic out of Neosho County and now offer an integrated health focus for the whole body not just mental health. Recently the SEKMHC in Bourbon County relocated to the hospital building where the CHC clinic was located and their therapy services are now offered there. Mr. Fawson stated he was encouraged by Freeman’s news and working with KRI with their services. THE SEKMHC is requesting $95,963 in support for 2025 and those dollars will serve those who do not have the ability to pay.
Bill Fiscus, CEO of Tri-Valley Developmental Services, requested the same amount of $55,000 for their 2025 budget. Mr. Fiscus staid that Tri-Valley is committed to the ideal that people have a right to be active within their community and their mission is to offer a wide range of service choices and provide opportunities for persons with disabilities to achieve the quality of community life they seek. Mr. Fiscus said Tri-Valley provides day habilitation and residential habilitation as well as case management services. In Bourbon County there are 35 individuals served in day habilitation, 25 in residential habilitation, 45 in case management, 10 on a waiting list, and they have 43 employees. Mr. Fiscus said the longest wait list in Bourbon County is nine years and that state legislature passed funding to help 500 individuals in the state on waiting
lists but that the total number of people on the waiting list is 5300.
Kathy Brennon, Executive Director, and Stacy Dickerhoof, Associate Director, of the Southeast Kansas Area Agency on Aging outlined some of the services their agency offers to residents in Bourbon County. Kathy stated they receive state and federal funding in addition to the funds from the county and that last year $125,000 was spent in Bourbon County which helped provide 65 people receive 60+ Nutrition Services, 33 people received Older American Act or Senior Care Act Services, 105 people receive assistance with Medicare under SHICK (Seniors Health Insurance Counseling for Kansas), and 80 people received Farmer Market vouchers. Kathy said she appreciates the money for meal preparation being sent directly to them now and that 16,634 meals were provided in Bourbon County last year. Kathy stated they are limited in what they can do but they try to help keep residents in their homes longer. Kathy said they are requesting the same amount of $24,150 as last year.
Jarred Pollock, Chairman of the Bourbon County Conservation District, presented their budget request of $40,000 for 2025. Mr. Pollock said they receive funds from the state based upon how much they receive from the county and they provide a hub for FSA, NRCS, and Parks and Wildlife who go through Mandy Shoemaker who is their District Manager. Mr. Pollock stated that all 105 counties in Kansas have a conservation district. Mr. Pollock said there are 74 contracts for EQIP with NRCS and 3000 acres enrolled with FSA. Mr. Pollock said they work hard to bring tax money back to Bourbon County with a total payment to landowners of $436,470.29 in 2023 which based upon their $40,000 budget every dollar of the budget has a return investment going back into Bourbon County of 11 to 1. Mr. Pollock said they provide education and outreach and that Mandy holds a Conservation Day in Gunn Park where 200 fourth grade students attend to learn about conservation.
Vance Eden, Superintendent of US 235, stated he applied for a grant earlier this year and approached the Commissioners to see about the County contributing money for a match. Mr. Eden said they have the opportunity to receive money from that agency and do not want to turn away the grant, however; they will not be able to make it work with just district funds so he is asking for a decision so he can move forward with their project. Jim said he has been told the money received is a contribution not PILOT funds. Jim said he would commit to using $50,000 for four years and Brandon asked if that would get USD 235 their ag building with the grant funds. Vance said it would be up to their board but would be a stretch. Jim made a motion to provide USD 235 $50,000 of energy money in 2025 for four years for a total of $200,000 if the money comes in like we think its supposed to. Clifton asked if it is from Hinton Creek? It was clarified that yes; it would be the Hinton Creek NextEra project funds. Brandon seconded the motion and all approved.
Eric Bailey, Public Works Director, and Dustin Hall, Assistant Public Works Director, met with the Commissioners regarding a truck that was totaled. Eric said they heard from insurance last week and will receive $129,658.33 as a settlement. Brandon made a motion to get rid of the totaled truck and take the money insurance is offering. Clifton seconded the motion and all approved. Eric said they were contacted today about a 2017 Mack with 162,576 miles and the company is asking $125,995. A two-year extended warranty was offered for $11,000 that would cover the engine, transmission, and DEF system. Dustin said they would like to be approved for $140,000 in case there are other little things added and would use the insurance money and some from the equipment fund. Brandon made a motion to purchase the truck with the insurance money and the extra from the equipment fund. Clifton seconded the motion and all approved. Eric said the bridge at 160th and Fern will have 60 yards of concrete poured tomorrow for the base, they stated on Eagle Road today, and they are still working on storm clean up as quickly as they can.
Susan Walker, CFO, said they talked last fall of the State Employee Health Plan which will have a rate increase in July of $87,000. Susan said the county can pick up the increase or pass it on to employees. Clifton said if it is budgeted the to pay it and that is his motion. Jim seconded the motion and all approved. Susan asked for a 5-minute executive session for nonelected personnel. Clifton made a motion to go into a 5-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 Susan Walker and will return at 6:22. Brandon seconded the motion and all approved. Clifton made a motion to resume normal session at 6:22 with no action. Brandon seconded the motion and all approved. Susan asked for another 5-minute executive session for proprietary discussion. Clifton 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 the three Commissioners and Susan Walker and will return at 6:29. Brandon seconded the motion and all approved. Clifton made a motion to resume normal session at 6:29 with no action. Brandon seconded the motion and all approved.
Jennifer Hawkins, County Clerk, presented a fireworks permit for Cathy Ramirez Fireworks at 840 N. Main Street in Mapleton. Jim asked why the county is approving permits and Jennifer said it is due to a resolution that was passed in 1991. It was questioned if the city of Mapleton should approve the permit and determined they would not be holding a meeting until after the fireworks stand would be opened. Brandon made a motion to sign the fireworks permit for Cathy Ramirez. Clifton seconded the motion and all approved.
Jim requested amending the agenda for an executive session to open the solar panel committee letters under non-elected personnel justification and it was discussed with the County Counselor to determine if that was the correct justification. Brandon made a motion to amend the agenda to hold an executive session. Clifton seconded the motion. Brandon 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 which will include the three Commissioners and County Counselor Meeks and return at 6:44. Clifton seconded the motion and all approved. Clifton made a motion to resume normal session with no action but rescinded that motion and made a motion to resume normal session with action at 6:44. Brandon seconded the motion and all approved.
Jim stated they reviewed the letters and he was going to have Brandon talk since the solar projects are in District 1. Brandon said out of the nine letters received they chose seven individuals who are: Samuel Tran, Sparky Schroeder, Jean Tucker, Else Moss, Bo Casper, Jon Eden, and Vance Eden. Brandon stated there is a combination of individuals who are for, against, and neutral regarding solar. Jim said going forward the committee should setup a meeting date, assign a chairman and co-chairman and have meetings. Kyle Parks asked what the purpose of the committee is. Jim said it is to review information and work on setbacks and report to the Commission. Mr. Parks then asked if there was no precedence for a vote and if solar here is a done deal? Jim said the signed contracts are a done deal and we have no zoning to say they can’t come here. It was questioned what the setbacks are in the other contracts that have been signed. Jim said they don’t have signed contracts except with Hinton Creek because the solar companies don’t have to meet with them. Bo Casper asked if they were going to have high fences around the solar projects. Brandon said some solar farms have high fences and some just have barbwire fences and he is unsure of what will be in Bourbon County. Jim asked how many millions of acres were the federal government paying people not to farm and said it was 23,000,000 acres of private land for CRP. Kyle Parks said the land in CRP is subpar land and Tim Emerson stated there is a difference between CRP and solar. Michael Hoyt asked if the solar panel committee will fall under KOMA and Justin stated yes. Mary Pemberton asked if the committee is only working on setbacks or zoning as well. Jim said to have setbacks you have to have some form of zoning and referred to a special use permit. Clifton said it would cost 2-3 mills to have zoning. Jean Tucker asked if all the solar panel committee members were present tonight and asked if the committee would meet tonight to decide when to meet. Brandon said not all committee members were present and he would call them all and be the middleman for the committee. Clifton suggested to Brandon to set a date then step back.
Clifton said we don’t have a magic wand and can’t break the law and take rights away after the fact and stated that is inverse condemnation. Clifton said solar companies are here and contracts are signed. Clifton said there are natural gas wells on properties to heat homes and he thinks we should tax it but we can’t go back after the fact and tax them now. Clifton said taking away rights is Communism. Clifton said he wasn’t at the Republican Party meeting and not one representative from the Party called him and he thinks that is disrespectful. Jim said he is disappointed that 29 people voted against him but there are 14,000 people in Bourbon County. Sage Hall said he wished the solar was discussed and feels the public should have been notified because now they will be right next to his house and that everything was done under secrecy. Katie Casper agreed and stated the Hinton Creek project contracts were signed and nobody knew about it until that night. Jim said everybody coming back week after week and beating us up has to discontinue because we’re trying to conduct county business. Sage Hall said he doesn’t know who else to talk to. Jim said if it is personal private matter to go to his personal lawyer. Jim said he would like to see a poll of how many people want zoning and then it could be put on the ballot and let people vote. Katie Casper said when they submitted a petition to the County Counselor for approval, they were told that you cannot put a zoning question on the ballot it must be by resolution. Jim said if we’re convinced, we can put it on the ballot. Clifton said the zoning couldn’t just target solar. Sage Hall asked if agriculture would be zoned and Jim said no, they would list it out in a book approved by a committee then the zoning committee would approve permits. Pete Owenby asked if the solar panel committee comes back with a recommendation of 1200 meters as a setback would you follow it? Jim said he would take their information and consider it. Pete said it feels like you intentionally violated our rights by signing without talking to us as property owners. Jim said we can ask for PILOT money from the companies but they don’t have to come to us. Jim stated he hopes the committee gets together soon and said Brandon will be involved. Larry Martin asked if any Commissioners have benefitted by signing these contracts? All three Commissioners said no. Katie Casper asked if they would get a written rebuttal from the attorney as requested and Jim said Justin is working on it.
Brandon made a motion to adjourn the meeting at 7:20. Clifton seconded the motion and all approved.
THE BOARD OF COMMISSIONERS
OF BOURBON COUNTY, KANSAS
___________________, Chairman
___________________,Commissioner
ATTEST: ___________________, Commissioner
Jennifer Hawkins, Bourbon County Clerk
7-1-2024 Approved Date