March 8, 2022 Tuesday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners and the County Deputy Clerk present.
Ann Dare, Matt Crystal, Don Coffman, Clint Walker, Bill Martin, Jason Silvers, Ben Cole, Rob Harrington, and Matt Quick were present for some or all of the meeting.
Clifton made a motion to approve the previous meetings minutes. Lynne seconded. All approved.

Eric Bailey presented culvert permits. A culvert extension for John Burlow, 920th St, Moran, KS. Lynne made a motion to approve the permit. Clifton seconded. All approved. A culvert extension for Paul Hopkins at 2528 240th. Lynne made a motion to approve the permit. Clifton seconded. All approved. Thomas Russell at 135th & Maple for a culvert. Lynne made a motion to approve the permit. Clifton seconded. All approved. A new culvert for Larry Snyder a quarter of a mile north of 205th & 31 Hwy on the west side of the road. Lynne made a motion to approve the permit for Larry Snyder at 2379 190th St, Fulton, KS. Clifton seconded. All approved.

Eric presented the 2022 Management Plan for Noxious Weed Plan. Lynne made a motion to accept the plan. Clifton seconded. All approved. Next, Eric presented 2022 Annual Noxious Weed Eradication Progress Report. Lynne made a motion to accept the report. Clifton seconded. All approved.

Eric spoke on hay bids. He stated that the two usual spots are Elm Creek, Native Road and recommended the Radio Tower that has approximately 3 acres at 1131 250th St. This will be put out for bid for all three locations and the bids brought back to the commissioners.

Eric stated the bridge at 115th & Range is back open as of this morning. The next project will be at 30th & Ivory there is another void that we need to fill in.

Eric reminded everyone of the work session to be held next Tuesday, March 15th at 1pm. We’ll bring some prices on what we think it will cost to produce asphalt this year. Our 6422 oil is locked in at $560/ton through May.

Eric stated they are still working on the final punch list regarding Windmills. Spoke with Jeff Spangler yesterday and we are following the road use agreement.

Railroad crossing at 240th will be taken care of this Wednesday working with BSNF to extend the culvert. We will be looking at a couple of others as well.

Snow Removal & Mowing Bids – tabled until March 29th.

There was discussion of liquor sales in the county. Justin stated that we are a nonzoned county so we can follow state guidelines or make our own. Susan stated that the local alcohol tax is something that we’ve never received. One third goes to general fund, one third to special parks and one third to special alcohol fund. The
revenue coming off of that would be new to the county. Right now we levy for special parks and special alcohol so at least maybe we wouldn’t have to levy for that anymore. A resolution will be created and presented at the next commission
meeting.

Lora Holdridge discussed the 17 County Meeting that Bourbon County will be hosting in the fall. It was determined that September would be the better month. Exact date and other details will be determined at a later date. Lynne suggested inviting
Jay Hall, KAC Attorney to speak. Susan said she would give him a call when a date has been set.

Counselor Comments: Clifton made a motion for Executive Session KSA 75-4319(b)(1)
to discuss personnel matters of individual nonelected personnel to protect their privacy including 3 commissioners, Justin Meeks and Susan Bancroft for 7 minutes returning at 9:40am. Lynne seconded. All approved. Clifton made a motion to
return to normal session at 9:40am. No action. Lynne seconded. All approved.

Clifton made a motion for Executive Session KSA 75-4319(b)(1) to discuss personnel matters of individual nonelected personnel to protect their privacy including 3 commissioners, Justin Meeks, Susan Bancroft, and Dave Bruner for 10 minutes
returning at 9:53am. Lynne seconded. All approved. Clifton made a motion to return to normal session at 9:53am. No action. Lynne seconded. All approved.

Clifton made a motion to for 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 dealing with hospital contracts including 3
commissioners, Justin Meeks and Susan Bancroft returning at 10:14am. Lynne
seconded. All approved. Clifton made a motion to return to normal session at
10:14am with no action. Lynne seconded. All approved.
Finance Director Comments: Susan gave an update on financials. We have worked through January 31st. Patty is working on getting through February. We had another director meeting and had good discussions. I would like to put together an
administrative policy handbook. It will take a good year to get through it. It really talks through how we handle certain situations. Within that administrative policy handbook would also be our personnel handbook that we are working on. I’ve had
good feedback from most of the directors and elected officials. It’s been good for us to get together and work together on some things.

Public Comment: Anne Dare asked for clarification of audit violations and how they affect grants and why are we still in violation and why isn’t it cleaned up? What’s
going to be done different so we can get out of this cycle?

Susan responded to the questions as follows: The audit letter was dated September 10th, 2021. You are almost through 2021 completely when we got our final audit. Anything that happened before that period of time is going to be very difficult to change. Depending on the issue. October tax rolls is our biggest audit violation that we are going to have. Too much money was paid out to the taxing entities. It leaves our cash balances in a negative. We over paid and that couldn’t be corrected until the January distribution in 2022. In the January distribution she reduced the amounts paid out to the taxing entities. Nothing we can do about that. Stated it was a system error but I have no validation of that. I would need to go back through the CIC notes but that is something that Patty worked with CIC on. At the end of 12/31/21 there will be 50 funds in the negative. Reconciliation of cash in bank to the counties accounting records are complete we should not have a violation of that this year. We’ve tied out all the records and right now the things that I’m doing is to make sure we don’t have any budget violations. If a revenue is booked into an expense account that could show us understating our expenses. Those are the things I’m fixing. Things have not been coded correctly. Reconciliation of our annual tax roll. There will still be an audit violation for that. Public works billings that were fixed the very first part of 2021. Jennifer has done a great job in that area and has everything lined back out and approximately the $100,000 we were short has been collected. Maybe about $10,000 we are going to have to write off. We have put some controls in at the landfill and how they reconcile their cash everyday and we match it to a report. That was done at the end of 2020.

Preparation of financial statements. We are trying to get to a point where we are monthly producing something to give to the commission and department heads because they have not received a budget report in months. Getting things lined out in the Treasurer’s office has been challenging, but we are getting there.

There was another concern with inmate monies put into a separate checking account and how those monies are deciphered. That is internal controls that we need to work on with the Sheriff’s and Corrections departments. That will be the next big thing we will tackle.

County Attorney’s diversion funds, same situation as the inmate funds. Concern with rotation of duties. The reason you have rotation of duties is to catch any kind of fraud that could potentially be going on.

In the Clerk’s office, they have several different people that do vouchering and checking those things. We’ll have to get to the same type of situation in the Treasurer’s office.

When you ask about grants, it specifically asks you on these federal grants have you had any audit violations? I have to answer that, yes. It then asks what type of violations? The ones I would be really concerned with is the billings which means we didn’t have a very good internal control system. The preparation of financial statements is a big one. Not matching cash in bank to accounting records is another big one. We are not going to show favor with those kinds of violations. We will still have some violations for 2022.

Don Coffman asked if there was a policy in place for the whistles being put in. Is there a certain size limit? Jim stated we have a very extensive handbook on culverts, right-of-ways, easements, etc. If it is a big ditch, we’ll do a water hydraulic study from Ag Engineer. They then tell us what size. If it is a standard ditch we just match it up.

Elected Official Comments: No comment.

Commission Comment: Lynne stated that the commission meeting for March 22nd will be at 6pm, City Hall in Uniontown. Jim stated that it’s time for the Commissioners to pay their dues to the Kansas County Commission Association. Lynne made a motion to continue membership in the KCCA. Clifton seconded. All approved.
At 10:29am, Clifton made a motion to adjourn. Lynne seconded. All approved.

THE BOARD OF COMMISSIONERS
OF BOURBON COUNTY, KANSAS
(ss) Jim Harris, Chairman
(ss) Lynne Oharah, Commissioner
___________________, Commissioner
ATTEST:
Doretta Neville, Bourbon County Deputy Clerk
March 15, 2022, Approved Date

The governing body of the City of Uniontown will be in attendance at the March 22, 2022 county commission meeting but will not be conducting city business, submitted by Sally Johnson, UniontownCity Clerk/Municipal Court Clerk.

The Regular Council Meeting on March 8, 2022 at Uniontown City Hall, was called to order at 7:00 PM by Mayor Jurgensen. Council members present were Jess Ervin, Danea Esslinger (7:05), Josh Hartman, Amber Kelly, and Bradley Stewart. Also in attendance for all or part of the meeting were Rachel Carpenter, Healthy Bourbon County Action Team, Raymond “Skeet” George, Uniontown Ruritan, Arlie Bess, Mauriel Whisenhunt, City Superintendent Bobby Rich, City Treasurer Charlene Bolinger, and City Clerk Sally Johnson.

SPECIAL CONSIDERATIONS/PROJECTS

Rachel Carpenter, Healthy Bourbon County Action Team, gave an explanation of the Placemaking Pathway. Adding outdoor exercise equipment, public restrooms, pickleball court, etc would be projects that could be partially funded with a pathway grant; however, in order to qualify for a grant a pledge would have to be signed.

Motion by Ervin, Second by Kelly, Approved 3-2 (Esslinger, Stewart) to sign the Pathways to a Healthy Community Pledge Placemaking Package with Sally Johnson as contact person and submit to Healthy Bourbon County Action Team

CITIZENS REQUEST

Raymond “Skeet” George, Ruritan – asked about the Ruritan funding a public bathroom in or near the park. He presented a sketch and ideas were discussed. He asked that the City apply for a REDI grant for the project. He will work with an engineer to get some cost estimates.

Arlie Bess – had questions about the discussion the Council has been having on storage containers. He has two and wanted to know if he would have to get rid of them. Discussions are preliminary but if an ordinance was passed, his containers would be grandfathered in.

Mauriel Whisenhunt – had questions about the discussion the Council has been having on citywide trash service. She has a house and a business, would she have to pay for two trash service fees? Discussions are preliminary, but that is a good question and will be considered in future discussions.

FINANCIAL REPORT

Treasurer Bolinger presented the February Treasurer’s Report. Beginning Checking Account Balance for all funds was $361,861.00, Receipts $50,364.54, Transfers Out $12,776.00, Expenditures $60,806.42, Checking Account Closing Balance $338,643.12. Bank Statement Balance $353,490.41, including Checking Account Interest of $27.26, Outstanding Deposits $0, Outstanding Checks $14,847.29, Reconciled Balance $338,643.12. Water Utilities Certificates of Deposit $30,063.99, Sewer Utilities Certificate of Deposit $18,566.16, Gas Utilities Certificates of Deposit $28,346.12, Total All Funds, including Certificates of Deposit $415,619.39. Year-to-Date Interest in Checking Acct is $55.71, and Utility CDs $74.84 for a Total Year-to-Date Interest of $130.55. Also included the status of the Projects Checking Account for the month of February 2022, Beginning Balance $0, Receipts $0, Expenditures $0, Ending Balance $0. February Transfers from Sewer Utility Fund to Sewer Revolving Loan $1,402.00, to Capital Improvement-Streets $250.00; from Water Utility Fund to GO Water Bond & Interest $1,624.00, to Capital Improvement-Streets $750.00; from Gas Fund to Capital Improvement-Streets $6,250.00; and from General Fund to Capital Improvement-Streets $2,500, Total Transfers of $12,776.00. Net Loss for the month of February $23,217.88, Year-to-Date Net Income $14,899.62. Budget vs Actual Water Fund YTD Revenue $17,272.29 (16.4%), Expenditures $18,274.04 (14.0%); Sewer Fund YTD Revenue $5,470.50 (15.3%), Expenditures $8,504.42 (20.7%); Gas Fund YTD Revenue $29,400.22 (21.1%), Expenditures $19,466.90 (7.9%); General Fund YTD Revenue $38,577.30 (30.0%), Expenditures $22,785.51 (13.8%); and Special Highway YTD Revenue $1,784.86 (26.1%), Expenditures $397.28 (3.7%). The March 2022 estimated payables in the amount of $22,828.49 were presented.

CONSENT AGENDA

Motion by Ervin, Second by Esslinger, Approved 5-0, to approve Consent Agenda:

• Minutes of February 8, 2022 Regular Council Meeting
• Treasurer’s Report, Monthly Transaction Report & Accounts Payables

DEPARTMENT REPORTS

Superintendent Rich asked for permission to get a dumpster to remove the storage building at 112 Second St and to clean up those two lots.

Motion by Kelly, Second by Esslinger, Approved 5-0 to allow Bobby Rich to get what is needed to remove the storage building and clean up the lots at 112 Second St

Codes Enforcement Officer Coyan was absent so discussion on shipping/storage containers, accessory/storage buildings, fences regulations and citywide solid waste was tabled until next month.

Clerk Johnson informed the Council that KDHE is soliciting for drinking water and wastewater infrastructure projects to fund.

The legal bills for the transfer of 105 Third St have been received. She asked for clarification of what was to be billed to the buyer and what was the City’s responsibility. The amount to bill to the buyer is $76.

She reminded the Council that League of Kansas Municipalities’ Governing Body Institute & Mayors Conference is April 29-30 at Manhattan

COUNCIL REPORT

Councilman Ervin – nothing

Councilwoman Esslinger – nothing

Councilman Hartman – asked about spring citywide cleanup. After discussion

Motion by Hartman, Second by Esslinger, Approved 5-0 to schedule a spring citywide cleanup for April 25-29 with dumpsters picked up when filled and the number of dumpsters to be determined by current cost

Councilwoman Kelly – was approached about someone wanting to purchase a corner lot to put an RV on to live in until something could be built. They were encouraged to attend a council meeting to present their request. The City does not allow people to live in RVs.

Councilman Stewart – nothing

Mayor Jurgensen – wants another rabies clinic. Clerk Johnson will contact Marmaton Valley Vet Clinic to get one scheduled. If after March 31, those attending will not be charged a late fee for registration.

OLD BUSINESS

Wholesale water supply – Rate ordinances were acquired from City of Fort Scott for 2013 to present. Rate ordinances for the same period were requested from Bourbon County Consolidated Rural Water District #2 but not received yet. Councilman Ervin has worked up some figures but forgot to bring them. The discussion will continue next month.

Pond Improvement Project – USD 235 asked if we were still planning to use the rock piled north of the pond and were told yes. The rest of the project will be completed in the summer. Clerk Johnson was reminded to order fish food.

City Utility Low-Interest Loan update – A couple more have paid in full. We may be able to pay an additional $10,000 back in a couple more months.

American Rescue Plan Act update – Clerk Johnson stated that the first report required by Treasury is due April 30, 2022. She is attending webinars on compliance and how to complete required documentation.

Street Repair – Increases in oil prices may increase the cost of asphalt. We may not be able to complete as much as we initially thought. Discussion will continue next month. The Bourbon County Commission will hold their March 22, 2022 commission meeting at Uniontown Community Center. If the councilmembers plan to attend a notice will have to be posted, that they may be there but not to conduct city business. Public Works Director Bailey has contacted Councilmember Kelly to attend the next commission meeting to discuss the resurfacing of Maple Road from Uniontown to Bronson.

NEW BUSINESS

Special Event CMB License-Union Station – they are the weigh-in location for the fishing tournament and would like to be able to allow anglers to consume on premises during the tournament, May 28, from 6AM to 11:59PM.

Motion by Hartman, Second by Ervin, Approved 5-0 to approve the Special Event CMB License for Union Station for May 28, 2022, 6AM to 11:59PM

City Sewer at Union Station – they asked if it was a possibility. After discussion, the Council consensus is not at this time.

Motion by Ervin, Second by Stewart, Approved 5-0 to enter into executive session pursuant to non-elected personnel matters exception, KSA 4319(b)(1), in order to discuss performance and applicants of non-elected personnel positions, the open meeting to resume at 8:45

Johnson called in at 8:43, out at 8:44. Meeting resumed at 8:45.

Motion by Hartman, Second by Kelly, Approved 4-0-1 (Ervin abstain) to hire Ginger Ervin for cleaning/water sampling position, cleaning will be $10/hour, water sampling will be $3/sample

Moved by Ervin, Second by Kelly, Approved 5-0, to adjourn at 8:49PM