Burn ban remains

Tuesday, March 18, 2014
Tammy Helm/Tribune photo Delwin Mumbower, Bourbon County Fire District 3 chief, makes the recommendation Monday to Bourbon County Commissioners to keep a burn ban in place. The need for the ban will be reviewed when commissioners meet at 9 a.m. Friday in the commission room on the second floor of the courthouse.

Even though Bourbon County received some precipitation over the weekend, on Monday, Bourbon County Commissioners voted unanimously to continue a burn ban.

The ban was issued Friday on the recommendation from Bourbon County Fire District 3 Commander Delwin Mumbower and other fire chiefs and firefighters who had spent much of March 13 battling numerous grass fires. Commissioners agreed to review conditions on Monday.

"I talked to most of the individuals involved in the past week and they're kind of split," Delwin Mumbower, District 3 fire chief, said. "The majority is in favor of continuing the burn ban. I do realize we got anywhere from three-quarters to an inch and a quarter of rain across the county, but what that now creates for us is, those fuels are still there that they're trying to burn, and now we have situations where it's going to be difficult to get trucks maneuvered where they need to be."

Mumbower said the district spent "a considerable" amount of money, time and effort retrieving trucks from mud at fire scenes.

On Thursday, volunteer rural firefighters responded to seven different grass fires in one afternoon. Hiattville Fire Chief Lou Howard on Friday said because trucks would have been getting stuck in the mud, it was sometimes safer to stand back and let fires burn in the timbered areas.

Even though the ground may be wet and soft, the grass and fall debris farmers are wanting to burn is dry.

Mumbower said he doesn't see any moisture in the seven-day forecast. Later he said the wind will be shifting from one direction to another, which also would make burning conditions unpredictable.

"By Wednesday, we'll be right back where we were," he said. "Except now it's going to be wetter to get around."

Commission Chairman Allen Warren asked for Mumbower's recommendation.

"Based on past years, I know what's coming," he said. "I would be in favor of continuing the burn ban, even though the enemies I'm going to make, that would be my recommendation."

He said he had received two calls Monday morning from residents asking if the ban had been lifted.

"Mixed feelings," Third District Commissioner Harold Coleman said when asked for his thoughts. "I need to burn, but we need responsible people burning. That's where the problem comes in."

Mumbower said there needs to be an educational campaign in place to explain to residents they need to call a central location to determine if its safe to start burning.

"It is hard to reach everyone," Mumbower said "But the simple fix would be, if everyone before they burn, call, then we could inform them of the situation."

He said the district was fighting four fires Friday when a dispatcher called to report a resident had asked if he could be an exception to the ban.

"I said, 'I can't do that.' I won't do that," Mumbower said. "My feelings is the safety of my personnel and the public."

He said one crew came close to losing a truck that got stuck, but there was enough water to protect the truck when the fire came up and it went around them.

Coleman recommended the ban be left in place and reviewed again Friday. Warren put the suggestion in the form of a motion and commissioners voted unanimously in favor.

Warren also asked Mumbower provide them with input on the issue Friday.

Later in the meeting, Joe Savage attended the meeting to ask the burn ban be lifted. As a farmer, Savage said he needs to be burning. Savage said the decision whether to burn should not be made by a government entity, but by the individual farmer.

"Since when does public safety trump private property enterprise rights?" Savage asked.

By the time Savage was able to speak to commissioners, Warren had already left the meeting. Coleman and Second District Commissioner Barbara Albright said they understand the farmers' position.

Coleman said the commissioners are bound by the recommendation of fire department chiefs. He also said while Savage may be a responsible burner, others are not.

"It was those that aren't responsible that started those fires last week when the wind was blowing 30 mph," Coleman said.

Savage also asked what state statute gives a county the authority to issue a burn ban. He said there should be a provision in the statute for people who are responsible.

"If I injure my neighbor, I should be liable," Savage said. "But I need the ability to continue to operate my business."

The statute cited to Savage is KSA 48-932, 48-932. States of local disaster emergency; effect; powers and duties of county and city officials. The statute gives county commissioners the authority to declare a local disaster.

Savage said he was going to burn and asked what the penalty would be. County Clerk Kendell Mason said violating the burn ban is a Class A Misdemeanor. Later, Coleman said the maximum penalty is a $2,500 fine or one year in jail.

* Following a 30-minute executive session, which was extended another 15 minutes, with County Attorney Terri Johnson and Roads and Bridges Director Jim Harris, a new pay level has been added to the county's salary range.

Those employed at Level M-IV will be paid the same at the same rate as a shop or quarry supervisor. According to the county's pay schedule, employees in those positions are paid a beginning salary of $13.34 per hour, with the full-time salary set at $14.82 per hour.

In addition to creating the new pay level, commissioners also have added four new positions to its employee roster: ditching crew supervisor, bridges and culverts supervisor, hard surface roads supervisor and a project supervisor.

No employees were named to the new positions.

* Johnson reported she has read through a new three-year contract with Mercy Hospital Fort Scott for ambulance service and found "nothing legally wrong."

Under the contract, the county will pay Mercy $24,398 per month beginning on July 1. The amount will increase to $24,7641 per month on July 1, 2015, and $25,011 per month on July 16.

Johnson said the amounts are comparable to what is in the current contract.

Warren said Allen County is responsible for its ambulance and hospital, which is operated under a board of trustees.

"I think Bourbon County is so fortunate to have the Sisters of Mercy in our county taking care of the hospital and the ambulance," Warren said. "We've got a bargain."

The commissioners unanimously voted to approve the contract.

* Harris reported crews have been replacing damaged culverts on 240th Street and also should complete milling the road on 265th Street this week.

He also asked commissioners to consider constructing a larger salt bin, north of the current salt bin location. Currently, the bin holds about a ton of salt and Harris said this year, the county almost ran out. He recommended building a bin which would hold 2 tons.

"My concern is when we don't have winters when we use that much salt," Commission Chairman Allen Warren said.

Harris agreed this winter has been unusual. He said the larger bin also would give the opportunity to buy salt at a lower cost.

Commissioners agreed to continue the discussion in another month.

* Commissioners took no action on bids received for a new roof at the county attorney's office. On Friday, they received bids, from Great Expectation for $34,207 and Daylong Construction for $47,761. Commissioners asked Maintenance Supervisor David Neville to review the bids to determine if the companies were bidding on the same specifications.

On Monday Neville reported Great Expectations did not include a bond for their work. The company gave Neville a verbal estimate, but he said a firm price would not be available for about six days. The commissioners agreed to look at the bid information again March 24. Commissioners also will be looking at their financial options.

* The commissioners also did not make a decision on which road grader to purchase. They have heard from two sales representatives, Richard Johnson of Foley Tractor and Travis Clinesmith, territory sales manager for Murphy Tractor.

During his original visit on March 3, Johnson said his company was not interested in accepting one of the county's road graders on trade-in and recommend it be advertised on an online auction site.

His proposal was $232,875 for a new Caterpillar road grader with a five-year 7,500-hour full warranty.

On Monday, Johnson said a representative from his company appraised the county's aged road grader at $4,700. Johnson said he then heard from a dealer who offered $6,000.

Clinesmith originally met with commissioners on March 10. At that time, his proposal was for a John Deere 670GP for $167,068 and a 770GP at $189,921. The company would accept a $5,000 trade-in.

On Monday, Clinesmith said while his company would not offer more on the trade in, it would offer oil and filter changes at no cost for five years or 7,400 hours on the 770GP only. Clinesmith said the offer is an $8,000 to $10,000