The Bourbon County Commission covered a number of topics in their meeting on March 3, 2024.

Hospital equipment disposal

In order not to hold up the work on the hospital, the equipment needs to be moved out as soon as possible.

Commissioner Leroy Kruger said he is still working on a date for the auction and that the hospital wants the stuff out sooner than the county can get it out. He asked the commission for permission to rent some portable storage boxes to put on hospital property to store the item in until the auction. He also said there will be a few incidental expenses to facilitate the auction that the county needs to purchase, as well as employees to help move the items when they sell.

Commissioner Brandon Whisenhunt said that in light of the short timeline, storage should be purchased at Kruger’s discretion, as well as other costs for the auction. The commission then voted and approved the needed funds to be taken from the commission budget.

At the end of the meeting, Kruger asked that those willing to volunteer to help with the auction contact him.

Kruger corrected his comments from the last commission meeting, “We do not donate the proceeds of this sale. They go back to the county general fund.”

Area on Aging board member from commission will be Whisenhunt.

New business

Marian township treasurer recommendation of Larry Jergenson was approved by board.

Housing development

John George spoke to the commission representing Dr. John Dirling who owns property along old Highway 69 south of Popler that he wants to develop by building houses on it. It has water, gas, electric, and direct access to old 69 highway.

He would sell it as 13 three-acre lots running from north to south along old 69, each of which will require a culvert from the county to access the property. George came to the county to check their regulations.

Dirling is looking at the next generation and the need for housing of this type in the county.

Commissioner David Beerbower said that the individual buyers will need to contact Bourbon County public works regarding culverts.

Fence viewing request

Peggy Jackson, came to the commission wanting to know which end of the fence is hers and which is her neighbors. His cows have been out on her property and they cannot come to an agreement about who’s responsible for the fence.

Whisenhunt said that by state statute it’s a 50/50 split if there are agricultural products on both sides. It has to be a 5-strand barbed wire fence.

Kruger said if it comes into damages, that becomes a civil issue that must go to court.

County attorney Bob Johnson said if it’s on private property, the county doesn’t have ability to interfere.

Department Updates

County Clerk

County Clerk Susan Walker brought up some questions involved in finalizing financials for 2024.

She mentioned that the county has to abide by a budget law and a cash basis law. She said that several individual funds are lacking in the 3-6 months of expenses cushion they should have at this time. “We need to save as much money as we possibly can.”

The general fund is in better shape than Walker had feared it might be because several departments didn’t spend all their funds and gave it back to the county.

She also said that the commission had been required to transfer from the appraiser fund and the Sheriff’s fund because they did not have the budget authority to spend the cash that they had. So they ended up moving about $53,000 of expenses from the sheriff’s fund into the general fund.

NRP caused troubles for the appraiser.

Walker said the other funds look okay, but the election funds are lacking because of the big election held in 2024.

She also said the landfill has a $53000 deficit. State statutes require more, but the county can work towards that.

Re. transfer of $31,130 if it’s not made, it stays in the sheriff’s budget, but he’ll require a budget amendment to be able to use it.

After the discussion, Whisenhunt made motion to move $31,130 from the Sheriff’s budget back to the general fund. as it will not affect the Sheriff’s Department budget this year and the funds can be used to cover a portion of the $53,000 that the county paid out of the general fund for the Sheriff’s department. The motion carried.

Register of Deeds

Lora Holdridge, Register of Deeds, spoke to the commission about a number of road and deed issues.

The first was a request to the rest of 105th from 95th all the way up to Maple. It was an intended road many years ago, but it not a road now. Land owners affected are for closing it. There is currently no signage that says road closed. “You wouldn’t even know it’s a road unless you are intentionally going down there,” said Holdridge.

Statutory rules for closing section line roads involving giving notice to land owners, said county attorney Bob Johnson.

Whisenhunt said once the work of giving notice and publication is done, the commissioners will close the road.

Holdridge also brought up the road situation at 95th and Unique. A land owner on Unique is asking county to maintain entire road up to his house.

Public Works Director Eric Bailey said that on July 6, 2021 the commission asked him to look into the situation. On July 13, 2021, per the 1989 map, the commission was told that there is 1,056 feet of Unique opened up to the west off of 95th. That section receives county maintenance.

Bailey says his policy is to not work on unplatted roads, but in the past, others may have operated by a different policy.

Whisenhunt explained that the school bus used to drive up to the individual’s house and turn around, but now that his kids are out of school and no longer ride the bus, the county no longer maintains that section, which is not actually road, but driveway. Whisenhunt’s current position is to continue to maintain the 1,056 feet, but do no more at this time.

Holdridge also asked the commission to work to get the deed situation with Legacy for Lot 4 straightened out. She said that the county and EMS in particular were led to believe Lot 4 would be given to them, and she has contacted the former county attorney and Legacy, but nothing has been done yet.

“For somebody who owes over $20,000 in back taxes, I think that they need to get that deed to us ASAP,” she said.

Holdridge went on to ask the county commissioners why the county isn’t going after the rest of the lots on the property that was given to Legacy.

“They are not paying their taxes. They sold the property that they got for free. We can’t even get them to give us a deed,” she said. “I just want the deed to get fixed so EMS can have their building. That’s the main thing.”

Johnson said he would look into it. “It would be dependent upon what the agreement is and if there’s a reservation on the deed,” he said.

The commission scheduled a work session for 5:30 on Monday March 10 after they care for payables and payroll.  They also cancelled the work session on March 12. Work sessions are open to the public.

Commissioner Comments

Kruger

The public meeting with the solar company scheduled for March 19 is a public meeting, not a commission meeting. Commissioners will not be in attendance. “With everything that’s going on and things that we’re working on, we’re not going to associate ourselves with them at this point in time.”

Whisenhunt said it’s the purpose of the company to meet with the public. Kruger wants it to be clear that the meeting taking place at the courthouse does not mean the commission is endorsing this company.

Whisenhunt

Free dump day should be done, one city at a time throughout the county.

Executive Sessions

Bob Johnson: executive session per KSA 75-4319 B2 for a consultation with the attorney for the public body of agency which would be deemed privileged in the attorney/client relationship for 30 minutes.

Brad Matkin: executive Session for 10 minutes per KSA 75- 4319 B4 to discuss data relating to financial affairs, trade secrets or corporations, partnerships, trusts and individual proprieterships.

Resumed session with no action at this time.