March 2, 2023                                                                                         Thursday, 9:00 a.m.

The Bourbon County Commission met in open session with all three Commissioners and the County Clerk present.

Michael Hoyt, Tiana McElroy, CJ Robison, Patty Ropp, Deb McCoy, Jason Silvers, Lora Holdridge, and Clint Walker were present for some or all of the meeting.

Jim Harris opened the meeting the with flag salute, followed by a prayer led by Nelson Blythe.

Nelson Blythe made a motion to approve the minutes from last week’s meeting. Jim Harris seconded, and all approved.

Jim made a motion to approve the miscellaneous disbursement checks totaling $193,538.13 from 2/4/23-2/28/23. Clifton seconded and all approved.

Eric Bailey, Public Works Director, presented a list of new culvert permits for February. Eric gave an update on the sidewalk and parking project stating the last section of the parking area was poured yesterday. The concrete has to cure for seven days, but the crew is filling in around the sidewalk with dirt today then will cut and stripe the parking spaces. Jim Harris complimented the crew saying the concrete looks great and Eric agreed that Chad and his crew have done an outstanding job. Eric will bring in the reports next week to outline the final cost of the project. Eric stated between the strong winds and pastures being burned they had about 20 trees down that the crews have removed from the roads. Eric gave an update on the skid steer stating he has been working with Rhonda at Murphy Tractor and they are going to do a good-will warranty replacing the motor with the county only having to pay freight. Jim remarked that says a lot for Murphy Tractor and their customer service. The drum on the new crusher has been replaced, and they are fixing a fuel leak that was found while performing the drum repairs. Eric said they hope to have the crusher back week. While the crusher has been out for repairs the crew have removed overburden at the Beth quarry to prepare for another blast. Eric has received several phone calls from individuals, counties, and private businesses about the old crusher that is listed for sale on Purple Wave. A salesperson stopped by and presented a demo on a compost turner for the beans at the landfill. Eric said that now that we can receive soybean byproduct at the landfill, we will have to turn them into compost per KDHE guidelines and will need to look at purchasing a compost turner in the future. Jim stated there are grants at the state level that could help purchase a compost machine. Eric presented a contract ADM sent him to bring their soybean hulls to our landfill at $40.00 per ton. Justin reviewed the contract and advised the Commissioners the contract is for three years. Eric said the soybean hulls will be turned into compost which they will either use to cover the construction and demolition material area at the landfill or provide to residents. If the compost is used to cover the C&D, it will save time and money due to not having to haul in dirt from other areas in the county to use as cover. Jim said that Eric went out of his way following KDHE rules to build the pad required to accept the soybean hulls and thinks the price is excellent. Clifton said we’ve talked about this for two years and have been working with KDHE to be able to accept the soybeans again. Clifton made a motion to accept the contract as submitted by ADM and to allow Chairman Harris to sign it. Nelson seconded the motion, and all approved. Eric said they are ready for a roads work session, and after discussion it was decided to hold a meeting at 9 a.m. on March 20^th. Jim asked if the commissioners were ok with allowing Dale Arnold to speak while Eric is still at the meeting since he wanted to talk about roads. Mr. Arnold stated he lives west of town on Maple Road and there was recently a rollover accident. Dale said people drive on the wrong side of the road and he feels there needs to be a yellow line down the middle of the road on the hill to try to help with this issue. Dale said he has mentioned this a long time ago and was told the county doesn’t have a machine to apply the striping and questioned how they are doing the striping for the parking at the courthouse. Jim stated they need to review the laws the county has to follow and suggested that Eric look at the policy and rules and regulations. Eric said the striping at the courthouse has to be done to conform with ADA guidelines and that the crew is hand painting the parking areas. Nelson questioned how many yards of striping would need to be done and Jim explained we either have no striping or we have to follow the guidelines which will specify the length we are required. Mr. Arnold said at the bottom of the hill there is a culvert, and he has been informed that the county is going to work on the culvert and do some ditching in the area and he is worried about the dirt washing into his pond. Eric said they do what they can and will work with him to try to avoid that issue. Jim read a card he received from Lawrence and Lind Wunderly thanking the Public Works department for the work they did on Zinc Road.

Pat Bishop, the Fort Scott Landbank Manager, said there are 4-5 structures that are needing to be demolished and he would like to ask that the Landbank receive the same deal as the City of Fort Scott for the pricing at the landfill. Jim said city funds are being used, the city is bidding it, and since the Landbank is a branch of the city he doesn’t have a problem with the Landbank receiving the same pricing. Jim made a motion to allow the Landbank to use the C&D landfill at the same rate as the City of Fort Scott and Nelson seconded. Clifton asked that a one-year limit be added to the motion. Jim made a motion to allow the Landbank to use the C&D landfill at the same rate as the City of Fort Scott for one year and Nelson seconded. Clifton Beth abstained.

Lora Holdridge presented resolution 07-23 that closes a section of 75^th Street in Franklin Township. Lora said the landowners are already being charged taxes, that this is merely a formality. Clifton made a motion to close 75^th Street for 2277 feet south of Victory Road. Nelson seconded the motion and all approved.

Justin Meeks, County Counselor, presented resolution 08-23 which outlines the powers of the Board of County Commissioners. Justin said he felt it was important that people understand the role of the County Commission and went over KSA 19-212 which defines the job responsibilities and powers of the Commissioners. Mr. Meeks said pursuant to KSA 19-212 the Commission control the property of the county. Clifton said that the county property is purchased with taxpayer dollars or grants. Justin gave an example of the County Attorney diversion fund, which is still taxpayer dollars, but the attorney can use their discretion as to how they spend it, for instance going to training, as long as they are following the statutes. Clifton said that what they purchase with those funds is still county property and does not become their personal property.

A 5-minute break was taken with the Commission returning at 9:40.

Jim apologized for taking a call, stating he wanted to make sure there wasn’t a family emergency.

Justin stated that once the Commissioners leave this room, they are private citizens and can speak to whomever they choose. He said that if there is pending litigation or if someone has an attorney his advice to anybody would be to not speak to that person as what you say can be used against you. Justin said that his job function is to represent the organization of Bourbon County. Justin said everybody has the right to their opinion, the right to file claim or petition, the right to believe what they want to believe and say what they want to say. Justin said that this form of government is not easy because you can only conduct business when you are in this room and can vote on it in open session. Nelson said he inferred somebody had a problem with policy and wants to find out what the problem is and to find a way to fix it. It was explained that personal use of the computers is limited and that we have to have a policy in place to protect employees and Bourbon County. Clifton said if someone looks at certain sites it could bring in viruses or ransom ware and can cost the county thousands of dollars and that IT has had to rebuild the system over the last few years because of viruses. Justin said that you have to have a minimum policy in place. Justin asked that the Commission pass resolution 08-23. Clifton made a motion to adopt resolution 08-23. Nelson seconded, but stated he felt like this was a chess game where your opponent made a move, so you make a move, and that we are all on the same team. Nelson stated he wanted to find out what the problem with the policy is and try to change it, so everybody is happy with the policy. Jim stated that any problem with the IT policy can be submitted to the Commission, and they would hold a meeting to discuss any issues. After the discussion, all approved the motion to pass resolution 08-23.

Susan Bancroft presented a preliminary cash report to the commission and asked that Jennifer Hawkins join her for the discussion. Susan stated she has been working with the County Clerk to explain some processes and teach her tasks that she currently performs that fall under the Clerk’s duties. The end of year has not been closed due to an issue with an accounts payable batch processed while two years were open. CIC has been working on the issue so that Patty can move forward with balancing and closing out the year.

Susan stated the General Fund had budgeted a cash carryover of $640,000, but the year ended better than expected and we will now be closer to the three-month operating budget that we want to have as a contingency.

Susan recommended moving the $130,000 surplus from the General fund to an Equipment Reserve fund that is setup to cover major expenses such as if the boiler goes out at the courthouse.

The Sheriff’s Department’s carryover was better than expected and should cover the two detective positions he was requesting. Susan stated that when the 2024 budget process starts then it could be discussed ways to fund the positions. Jim clarified that there was enough carryover to allow the Sheriff to fund the two detective positions without using Sales Tax funds.

Susan said she has been working with Patty and Matt on the county NRP fund to fix a process on where the county’s 5% administration fees are deposited. The EMS fund has a carryover of $273,000 and Susan recommended creating an EMS Equipment fund and move the money there to start addressing the need of replacing ambulances. Jim and Clifton questioned if there is that much carryover then why is the county funding EMS $250,000 every year. Susan said if they chose to leave the money in EMS they could, but there is a need for fleet replacement that really needs to be addressed. Clifton made a motion to consolidate general equipment reserve funds and do away with fund 039 and move $248,601.19 to fund 027. Nelson seconded, and all approved.

Clifton made a motion to do away with the Mercy Medical Building fund 385 and move the $71,260.09 and into the General fund 001. Nelson seconded the motion, and all approved.

Clifton made a motion to move $130,406.23 from the General fund 001 into the General Equipment Reserve fund 027. Nelson seconded, and all approved. Jim made a motion to create an EMS Equipment Reserve fund and move $273,786.55 from EMS fund 375 into the new fund. Clifton seconded, and all approved. Clifton spoke on the Bond Repayment fund and said he feels some of the money needs to be kept for repairs, but a majority needs to go to paying off the bond and Jim agreed.

Susan presented an end of year checklist she created that outlines whose duty it is to process the many tasks it requires to close out a year. A meeting was held yesterday with Susan, Patty, and Jennifer to go over the checklist and explain processes and the necessity of performing each task to avoid audit deficiencies. Jennifer spoke about the meeting stating she appreciates the checklist and the insight that Susan has provided, and she felt the meeting went very well. Susan said there will need to be some changes made within the organization to ensure we are in compliance and following guidelines.

Department head meetings will be held in the near future to explain what changes are going to be made and give the Clerk and Treasurer an opportunity to explain why the changes are needed.  Susan said she felt it was important to explain her function at Bourbon County because she feels there is perhaps some confusion on what she can and cannot do. Susan was hired to assist departments to address areas of deficiencies within the county. Susan said she was also hired to help the Commissioners with the budgets, develop capital plans, and ensure compliance stating our goal is to fix the deficiencies. Susan said she doesn’t review or approve expenses; she looks at ways to try to help save the county money.

Last year Susan noticed the county was paying sales tax on the electric bill at the medical facility and the county was able to receive a refund check for $32,000 that we had un-necessarily paid in sales tax.

Susan touched on the turmoil within the organization, and said it is disheartening to her and feels like it is an embarrassment to our community. Susan feels that if the vindictiveness and hate was used in a positive manner, we could watch our county grow. Susan said she felt the first step moving forward yesterday after meeting with the Clerk and Treasurer who both committed to working together as a team. Jim said he is excited that the CFO, Clerk, and Treasurer are working together because it will take all three individuals working together to ensure the county does not have any audit budget violations in the future and that he has felt a difference in the atmosphere the last few weeks.

Patty Love and Susan Bancroft met with the Commissioners to discuss CD’s. Interest has greatly increased the last six months, and now is the time to take advantage of that. A list was presented to the Commissioners outlining all the CD’s the county has at each financial institution and what the current interest rate is. One CD with a low rate was cashed in at the first of the year and is now in our checking account accruing interest at 3.81%. Patty said she just talked to John Hill who offered to convert the CD’s at his bank into two $250,000 CD’s at 4.26% with no penalty.

Susan said there is some additional liquid cash to invest, and they are looking at short term options. Nelson questioned why there are so many CD’s at so many banks. Patty explained we want to have liquid cash and that we don’t want to pay penalties if we have to cash them out. Susan said they have looked at the penalties to cash in the CD’s with the low interest rates and deposit the funds into our checking account which has a higher interest rate.

Jennifer Hawkins introduced her newly hired Deputy Clerk, Selena Alvarado, who will be sitting in the meeting next week while she attends training. Jennifer presented add, abate, escape tax roll corrections that needed to be signed by the Commission in order for her to approve them to send to the Treasurer’s office. The County Clerk also presented a Water Pollution Permit Renewal public notice from KDHE for a rock quarry located in Bourbon County. Jennifer stated the public notice will be available in her office until April 1 if anybody would like to review it or obtain the contact information for the state. Jennifer presented a biennial list of county officers that needs to be signed by each elected official and then be submitted to the Secretary of State’s Office. Clifton made a motion to allow Chairman Harris to sign the tax roll corrections. Nelson seconded the motion, and all approved.

Tiana McElroy, County Attorney, stated she was here during public comments because it was a very last-minute decision to address the Commission today. Tiana has announced that she has applied for the open position as Linn County Attorney, and that many individuals have reached out to her expressing their desire to see her stay with Bourbon County. Tiana said her heart is in Bourbon County and this is where she wants to stay. Tiana presented a change to payroll form to change the County Attorney’s salary to $110,000 per year and said she said has gone over her budget and feels that she has the room to make this change. The Commission have said in the past that if there is room in an elected official’s budget, they have the authority to make pay changes, but Tiana wanted to present the payroll change form to them because she wants transparency which is why she is doing this in an open meeting. Tiana asked that Chairman Harris sign the form as well. Susan stated the only thing that affects the budgets that the Commission control is the employee benefits fund. Nelson made a motion to allow Chairman Harris to sign the form. Clifton said he does not approve or disapprove of this and that he did not give Patty or the former Clerk any approval of pays in the past and that she doesn’t need their approval. Clifton said he realizes and appreciates why Tiana brought the form to the Commission. Nelson said he felt it was good that Tiana brought the form the Commission to show transparency and that he would like to see her stay. Clifton seconded Nelson’s motion, and all approved.

Clint Walker said he would like when there is a road closure for the Commissioner in the district to go out and look at the road that is going to be closed and for all landowners to be notified. Clint said that for equipment purchases within the county he hopes that any department asks IT, who is the subject matter expert, their opinion to get the best deal. Mr. Walker said that recently this was done with EMS who worked with the Public Works department to find a replacement engine cheaper. Clifton clarified that 75^th St. is the road that is being closed and that one owner owns all the property around the road, and that the Commissioners wouldn’t vacate a road without all landowners having the opportunity to speak.

Justin Meeks asked to amend the agenda for an executive session. Clifton made a motion to amend the agenda to add an executive session concerning security. Clifton asked the Commission if they had any comments before they went into executive session as he did not want to waste the public’s time and make them stay if they didn’t want to. None of the Commissioners had any comments. Clifton made a motion to amend the agenda to add two executive sessions. Nelson seconded, and all approved. Clifton made a motion to go into 10-minute executive session under KSA 75-4319 (b)(12) to discuss matters relating to the security measures, if the discussion of such matters at an open meeting would jeopardize such security measures to include the three Commissioners, Justin Meeks, Shane Walker, and Jimmy Kemmerer. The executive session will be held in the EOC room, and the Commission will return to their meeting room at 11:04. Nelson seconded the motion, and all approved. The Commissioners returned to the meeting room at 11:04 and Clifton made a motion to resume normal session with no action. Nelson seconded, and all approved.

Clifton made a motion to go into 15-minute executive session under KSA 75-4319 (b)(12) to discuss matters relating to the security measures, if the discussion of such matters at an open meeting would jeopardize such security measures to include the three Commissioners, Justin Meeks, and Shane Walker. The executive session will be held in the EOC room, and the Commission will return to their meeting room at 11:21. Nelson seconded the motion, and all approved. The Commissioners returned to the meeting room at 11:21 and Clifton made a motion to resume normal session with no action. Nelson seconded and all approved.

Justin Meeks requested a 15-minute recess while he consulted with another attorney.

Justin Meeks requested a 7-minute executive session to discuss personnel matters of individual nonelected personnel. Clifton made a motion to go into a 7-minute executive session under KSA 75-4319 (b)(1) to discuss personnel matters of individual non-elected personnel to protect their privacy to include the three Commissioners, Justin Meeks, and Shane Walker. The executive session will be held in the EOC room, and the Commission will return to their meeting room at 11:47. The Commissioners returned to the meeting room at 11:47 and Clifton made a motion to resume normal session with action. Nelson seconded, and all approved.

Justin Meeks asked the Commission to make a motion to allow each or all of the Commissioners to talk to the IT Director, the COO, regarding security issues but not at the same time and to review information with no decision-making taking place.

Clifton said he didn’t think we need to make a motion, but did make a motion to allow each or all of the Commissioners to talk to the IT Director, the COO, regarding security issues but not at the same time and to review information with no decision-making taking place. Jim said he didn’t think we needed a motion for that.

Clifton made a motion to adjourn at 11:50. Nelson seconded the motion, and all approved.

Approved date: 3-9-2023