Monthly Archives: April 2025
Tri-Valley to Celebrate 50th Anniversary
On May 1st, Tri-Valley Developmental Services, Inc celebrates its 50th Anniversary.
In 1975, a group of concerned citizens got together and decided that there was a need to serve our neighbors with intellectual and developmental disabilities. On May 1st of 1975, Tri-Valley came into existence under the name Tri-Valley Developmental Center. Our first service center was located in Piqua, KS.
In 50 years, Tri-Valley has grown from its small roots in Piqua, KS and now cover 8 counties in Southeast Kansas (Allen, Bourbon, Chautauqua, Elk, Greenwood, Neosho, Wilson, and Woodson).
The celebration will be at 1 pm at Central Park Pavilion located at 101 S. Forest in Chanute. Our annual awards ceremony will take place during the anniversary party as well. Robbie Bell will be the afternoon’s featured entertainment.
Please join us. For more information, contact Tricia Campbell at 620-431-7655.
Governor Kelly Directs Flags be Flown at Half-Staff in Honor of Pope Francis
TOPEKA – Governor Laura Kelly, in accordance with Executive Order #20-30, on Wednesday, directed flags on all state buildings, grounds, and facilities to be flown at half-staff immediately until sunset on the day of interment, April 26, in honor of Pope Francis.
“As one of the most influential leaders of our time, Pope Francis was a beacon of light. His wisdom inspired countless people to treat others with compassion and generosity,” Governor Laura Kelly said. “May his legacy of selflessness and humility be instilled in each of us and continue to live on.”
To receive email alerts when the governor orders flags to half-staff, please visit: https://www.governor.ks.gov/
New District 3 Commissioner joins April 21 Bourbon County Commission meeting
Mika Milburn-Kee attended her first regular Bourbon County Commission meeting as the newly appointed commissioner for District 3.
The zoning public hearing process was discussed. Commissioner David Beerbower said that the first zoning advisory committee meeting had been held on April 17 where the committee elected their chairperson and other officers. They also adopted bylaws that include having one commissioner present at meetings to serve as a resource. Beerbower said the commissioners could take turns doing that.
The zoning advisory committee has expressed an interest in hosting several public hearings and will announce the dates for those as they are finalized. The next committee meeting will be Wednesday, April 23 at 6:30 in the county courthouse commissioner room.
Public Comments for Items Not on the Agenda
Larry Paddock for the city of Fulton, came to ask the commission if the city could bring rubble from a condemned and torn down building to the county landfill at a reduced rate.
The commission chose to add the issue to next week’s agenda to allow time to discuss the matter with the landfill and public works supervisor.
Bob Reed, a 15-year Bourbon County employee, came to talk to the commission about how they will handle injuries at work. He was in a serious work injury on March 10 and he asked the commissioners to consider changing the way they handle sick time and vacation time for injured employees.
“Our vacation and sick time is earned,” so we have the right to decide how it’s used, he said. “We shouldn’t be forced to use it on a work-related injury.”
He also expressed concern about insurance issues for future employees who get injured.
Whisenhunt and Beerbower thanked Reed for sharing and offered to look into it and see what they can do.
New Business
Road Closure Application: Bradley Plaster
Plaster asked that the alley between lots 3 and 4 off Dragon Road in Hyattville, which is unincorporated, be closed. He had signatures from the two other affected land owners also asking for the closure. The road, in district 2, is not even graveled and is overgrown with trees.
Beerbower will confirm that it is county property and the commission will make a decision at next week’s meeting.
Human Resources Discussion
Beerbower moved to table it until they could have the County Clerk, Susan Walker, present at the meeting to enable discussion.
Procedures
Commissioner Milburn wants to smooth out county operations and has made notes and adjustments to the current county handbook, which is more than 20 years old. She said the purpose of this work is to “establish procedures to implement a corrective action plan and personal improvement plan to assist in our expectations of employment with the goal of being transparent, consistent with expectations, and improving the overall function with a supportive approach.”
Milburn asked the other commissioners for edits, changes, corrections and additions to the handbook. Beerbower offered a work session to combine Milburn’s work with the work done earlier this year by the department heads on employee procedures.
“That’s good. Hit the ground running,” said Whisenhunt of Milburn’s work.
He made the motion to keep “Procedures” on the agenda every week until they reach the point of being able to implement them. Commission approved.
Sheriff Vehicle Requests
Sheriff Bill Martin asked the commission to approve the purchase of a new vehicle to replace the one that was in an accident earlier this year. That 2014 vehicle was hit and rolled several times and is most likely totaled. It had 200,000 miles on it. They are awaiting insurance payments from the counties insurance and the driver who caused the accidents insurance.
Martin said any funds received from insurance will go back to the county to help offset the cost of the new vehicle.
The vehicle he is requesting to purchase is a 2025 and will cost $66,914 once fully equipped.
Whisenhunt asked if he had any funds in his budget to help cover the cost of the vehicle, but the sheriff has no extra funds in his budget right now.
Beerbower moved to table it until next week to allow the commission time to look at the budget for the funding needed. Commission approved.
Commissioner Comments
Milburn read a statement expressing her desire to hear from her constituents about their desires and priorities for Bourbon County. She said she will listen with the goal of understanding and will ask questions to that end.
“The question right now is what you want your county to look like in 10, 15 or 20 years. How we get there is going to be of great debate,” she said.
Milburn welcomes input, and asked that county citizens send letters, email, or call to share their ideas about the future of Bourbon County.
Final note
A citizen in audience wants to thank whomever cleaned up hwy 54 west of town. “It looks way better and I’d like to thank somebody, but I don’t know who to thank.”
Whisenhunt said that whoever did it should let the county know so they can be thanked.
Garden Club Members Will Sell Plants at the Farmer’s Market on May 3: Fundraiser For Fort Scott Garden Beds
The Bourbon County Garden Club will hold its annual plant sale on the opening day of the Downtown Farmers’ Market, Saturday, May 3, from 8 a.m. until noon.
They will be located at the north end of the Downtown Pavilion, located at National Avenue and Old Fort Boulevard.
Proceeds from the sale support beautification efforts that the group does throughout the community, including the city pool islands, Heritage Park, and the North Main area, according to a press release.
“The garden club partners with Tri Valley Developmental Services to sell a wide variety of plants, all of which are geared to our area’s challenging weather. Club members offer plants freshly dug from their own gardens. Tri Valley provides annuals, herbs, and both floral and foliage hanging baskets. Among the variety of annuals for this year are geraniums, calibrachoa, coleus, and begonias, which are in bloom and ideal for Mothers’ Day gifts,” according to the press release.
The group members will share their knowledge of the plants and answer questions during the sale.
“A feature this year is a children’s free activity area. There will be garden-related coloring sheets and crayons, plus rocks that children can decorate with acrylic paint markers. They may take the rocks with them or leave them around town for other children to find. The garden club will also be selling decorative rocks that Fort Scott Middle School students have painted,” according to the press release.
There will be drawings for several unique pots that have been planted with drought-resistant sedum.
Drawing prices are $2 per ticket or $5 for three tickets.
The Bourbon County Garden Club meets on the second Tuesday of the month, March through October. The next meeting will be Tuesday, May 13th, at Heritage Park, First and Main Street, in downtown Fort Scott, at 6 p.m.
“Bourbon County Garden Club is a group of local gardeners that gather to learn, grow, and share in their passion of gardening. We meet to plant and care for gardens spread throughout our city. Hope to see you at our next meeting!” according to its Facebook page
For garden club news, meeting announcements, and photos: https://www.facebook.com/Bourboncountygardeners
SparkWheel Golf Tourney is May 3
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Chamber Coffee Hosted by Conservation District on April 24
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The Bourbon County Sheriff’s Office Daily Reports April 23
Ft. Scott City Commission Meeting, 4/15/2025
Public Comments
Michael Hoyt reminded the commission that from 6a.m. to 6p.m. on April 22-23 at Veterans Memorial Hall in Kansas City, Kansas, assistance will be available to help veterans to file claims.
Appearances
The commissioners approved the parade permit for the Fort Scott High School All Class Reunion Parade to take place at 6 p.m. on June 27.
Unfinished Business
121 Margrave, tabled from 3/18/2025
Commissioner Matthew Wells, whose construction company owns and is remodeling the property, gave the commission an update. He said that once utilities are turned back on they will start foundation work in the next 90 days and work on the addition in 120 days. Codes officer Leroy Kruger asked that they fill in the old cistern on the property for safety’s sake, which Wells agreed to. The commission then voted to table the discussion for 120 days.
118 E. Wells proposals discussion
City Manager Brad Matkin said that the city of Fort Scott has asked the owner to sign a liability waiver, allow codes time to go in once a year to inspect the building, and get insurance in order to continue conduction business in the building. The owner cannot get insurance because of the red tag. Matkin asked that the commission approve a plan to allow the city attorney to write up a simple letter saying that they will remove the red tag for 30 days, during which time no business can be done at the location, but the insurance company can look at the building to see if they will insure it.
A $1 million in liability is what the city usually requires.
Kruger expects them to only be able to get liability. His understanding is that this 30 days is to get insurance in order to be able to sign the other contract, to be able to sign the release of liability then open for business.
The city’s lawyer says that the release of liability may not fully protect Fort Scott.
The owners asked Kruger if the city would like to purchase the building. Kruger said that whatever the commission decides to do will set a precedence and there are two or three other buildings that he’s already started the work on, so “this is going to come up again in the very near future.”
Wells said that a similar situation happened in Miami Dade and the liability waiver did not protect the city. He also said that if the building fails, at least one other one will go down with it because they share a wall.
Matkin suggested giving the owner the opportunity to get insurance and give them 6 months for them to give the codes officers their game plan whether to fix or sell. The building will continue to require repairs, but let the owners decide what they do with it.
Commissioner Kathryn Salsbury expressed concern that the city had told the owners what they needed to do in order to conduct business, so the city needs to stick to that agreement.
The city lawyer said, “I think this hole gets deeper every time we talk about it…I don’t think you’re legally bound to continue down that path.” Because so many other issues have come up with the building and it’s situation. “I think you are free to try to structure or craft a different path that makes sense.”
Kruger said it was important that the city spell out what they expect to happen over time with time frames on it. “It would be unfair for us to make them jump through hoops and them not know what to expect and then I go shut them down in 6 months.”
Mayor Timothy Van Hoeke summed up the commissions position that they don’s want to buy and fix the building, nor do they want to pull the red flag.
The current bids to do all needed repairs will cost a minimum of $412,000.
Van Hoeke asked for details about the owner’s desire to sell it.
The commission voted to move the decision of what to do to the May 20 meeting to see what develops. Wells opposed.
New Business
Purchase of a Fire Truck
Chief Dave Bruner spoke to the commission about the new trucks his department needs. After forming a committee and doing research, he came with his committee’s suggestions.
Ford F550 Rescue truck replacement
The department has had the current truck for 11 years and it has been involved in nearly 90% of total call volume. The truck’s expected lifespan of 10 years is passed and it’s becoming less reliable. When it had 50,000 they replaced the engine and the transmission at 30,000. The pump on it is 22 years old.
The price to replace it from Hay’s Fire Equipment is $255,686.
The capital improvement budget will pay for the chasis at $61,971, then they build the truck over the next 12-18 months, at which time the remaining price is paid.
The commission approved purchase.
Pumper
The capital improvement plan for 2026 has $850,000 budgeted to replace the 1997 E1 Truck. They currently have a 2019 pumper a 2020 tower, and 2009 pumper, the rescue truck and this 1997 truck. It is the last truck in the fleet they are looking to replace.
The committee talked about purchasing used, new, or re-configuring the current truck. The cost of trucks has risen 40% compared to previous years, and the cost continues to rise between 3-7% annually. Part of the cost increase is global supply chain disruptions, labor shortages, and increase demand for updated safety features, as well as the new emissions requirements coming in 2027, which will increase the cost of fire trucks by between $64,000 and $120,000. In 2019, the city paid $465,000 for Engine One. That same truck costs $938,000 today. There was a good deal of discuss about the rising cost of equipment and the city’s best course of action. 1:04
Refurbishing the current truck would be $602,547 and take 12-15 months, and would require the department to rent a truck to replace during the refurbishment. Also, the insurance on it would only cover a 1997 truck value, making replacement in case of loss cost-prohibitive.
He said he would prefer to pay off the current truck before adding a new one, but is concerned about the increase in costs. With current recommendation of purchasing from Spartan Apparatus for $784,702, the 11 month build time would make payment for the truck due in February of 2026.
The commission asked for more details on some of the bids and confirmation that the price will be locked in. This gives city workers time to go out for bids on the lease to purchase the truck.
The commission also approved the purchase of a new mower for the park to replace the 2013 mower.
Revised Employee Handbook
Brad Matkin gave the commission a revised version in December and asked for their feedback. Salisbury moved to schedule a work session for 5 p.m. May 6 to discuss the employee handbook. Commission approved.
Reports and Comments
Jason Hickman gave the Horton Street update. Fog seal was started last week and will be finished this week.
Commission approved the motion to have Earl’s Engineering, the city’s engineer, do the design for the match project on East National.
Brad Matkin reported that the free Saturday night concert is moved to Memorial Hall this week at 7p.m.. The Teresa Deaton Band will be performing.
Commissioner comments
Wells: Friends of the Fort used Memorial Hall for their dance the other night. It was in great shape, kudos to Norman Nation.
He asked about the Wall Street city lot that the freight house sits on. He was told it was deeded to a group with a 2 year limitation on completing their project, which they failed to do. That group then deeded it to somebody else without the authority to do so. City has the right to enforce the original contract to claw the lot back.
Wells ended his comments by reminding those present of Romans 3:23. He said everybody makes mistakes, but it’s about how you respond to those mistakes and move forward. Please keep that in mind.
Commissioner Tracy Dancer said, “I would like to apologize to Brad.” 1:42
Van Hoeke: said that for a lot of people around the world right now, this is Holy Week, keep in mind the reason for the season. Hopefully you’ll be able to take in the true meaning of what this time means.
Ended with executive sessions to deal with non-elected personnel issues.
Opinion: Zoning requires trust. Do we have it?
In my first article about zoning, we examined Beerbower’s statement, “Those that hold on to the outdated ideology that zoning somehow robs their freedom and right to do whatever on their land are shortsighted.” (source) We looked at whether zoning actually does nothing as he claimed or if it does change what you are allowed to do with your land. In my second article, we examine why rational people might be both for and against zoning and how, even if everyone were to assume that the current commissioners were incredibly competent and would fully represent their interests, some people may still side with Jefferson’s core principles regarding government. Commissioner Beerbower may consider Jefferson to have “outdated ideology” and be “shortsighted,” but, just like there are rational reasons to want zoning, it isn’t unreasonable for someone to agree with Jefferson.
Given we’ve considered zoning with a premise of the commissioners acting in the very best interest of the county, it is worth considering whether or not that premise holds.
In November, the three commissioners-elect, David Beerbower, Leroy Kruger, and Brandon Whisenhunt joined local citizens Bob Casper, Katie Casper, Timothy Emerson, Samuel Tran, Karen Tran, and Michael Wunderly in suing the county commissioners and the solar companies to try to undo the actions of the then-current commission. The details of the case are interesting, though for the sake of this discussion, it shouldn’t matter too much what you think of the merits of the case. What we are going to look at is how you are being represented as a citizen of Bourbon County.
On 12/30/24, the lawyer representing the county made a motion asking the judge to dismiss the case because the lawsuit (filed by the three incoming commissioners and some local citizens) “fails to state any cause of action or set forth facts sufficient to support any claim under Kansas law.” The way that a motion to dismiss is handled is that the judge has to “pretend” that the plaintiffs can prove every single thing they have claimed in their lawsuit. If in this “pretend” scenario, the plaintiff still wouldn’t win, then the case is dismissed. If there is some possible scenario where one of the plaintiffs’ claims could win, then the case is not dismissed.
So when the commissioners Beerbower, Kruger, and Whisenhunt took office in January of 2025, the county found itself in the absolutely ridiculous position where every sitting commissioner was paying with their own money to fund a lawsuit against themselves and then using taxpayer money to defend against that lawsuit. I’ve heard people argue that they didn’t know they were going to be elected when they filed the lawsuit, but since the election was November 5th and the lawsuit was filed November 20th, fifteen days had elapsed when the commissioners-elect could have recognized the gross conflict of interest and asked to be removed from the lawsuit. Even if they were sympathetic to the cause of the other plaintiffs on the lawsuit, it is clear that they couldn’t play both sides at the same time without either behaving unethically to the other citizens who were plaintiffs or choosing to act against the best interest of the county as a whole.
Instead of defending the lawsuit with their recently hired county lawyer (who cost $110,000 per year), they retained outside counsel to defend the county. If they believed that outside counsel could reduce the costs of defending a lawsuit more quickly and at less expense than the recently hired county attorney, then it would have been their duty to the taxpayers to do so. However, their next action made it clear that wasn’t the plan.
Remember, there was an open motion asking the judge to dismiss the case if there was no way the plaintiffs could win, even if they proved every one of their claims. Every taxpayer in the county has a vested interest in making sure that the county doesn’t spend thousands of dollars of tax money on defending against a lawsuit that a judge knows the county will win ahead of time, no matter what the plaintiffs prove in court.
On March 3rd, 2025, the commissioner’s lawyer withdrew their motion to dismiss. This meant that they told the judge, “Never mind. Even if you know that we will win the lawsuit, we want the lawsuit to continue.” Why would commissioners do this? Why would they want to continue paying the outside lawyer to continue the case? Why would they ask the judge to NOT consider if there was any legal basis for the lawsuit? It clearly is not in the best interest of Bourbon County to drag out the lawsuit if it is clear what the end result will be. However, there are a few people who might want to drag out a lawsuit that the judge knows they can’t win. Those are the people paying for the lawsuit against the county in the first place, including the three commissioners-elect when it was filed.
The fact that the commissioners intentionally filed a lawsuit, knowing they would use their own money to sue themselves and then use your taxpayer money to defend against that suit, is unexplainable. The most gracious explanation is that they didn’t fully realize what type of situation that was going to create, but the fact is that they refused to drop off despite calls to do so on ethical grounds. The fact that they have hired an additional lawyer with your taxpayer money only to instruct him to ask the judge not to give an early ruling on the merits of the case appears to me to be completely unconscionable.
Given the clear preference for undermining the county’s defense of the lawsuit by withdrawing the request for the judge to rule on the merits of the plaintiffs’ case, it is hard to imagine any way that the commissioners on the lawsuit could be said to be operating in the best interest of the county.
Bringing this back around to the original point. In my previous piece, we assumed that you have no doubt that the current commissioners are acting completely and 100% in your best interest as a citizen and taxpayer of the county. That allowed us to look at zoning in a best-case scenario. But now you should consider the facts of the decision to file a lawsuit, knowing they would soon be in office and have to use your taxpayer money to defend against it. Consider that they hired an outside lawyer, not to expedite the end of the lawsuit, but to prolong it. Consider that the commissioners on the lawsuit have refused to drop off to avoid the clear conflict of interest.
Next, consider whether or not that track record gives you confidence in their ability to fairly represent your interests and the longterm interests of the county in implementing zoning. If it does and you support the idea of zoning, then by all means, give them your full support. However, if it raises concerns, then even if you support the idea of zoning, you should consider the track record of the two (originally three) commissioners who chose to file a lawsuit against themselves with their money and pay to defend it with yours.
Mark Shead
Note: FortScott.biz publishes opinion pieces with a variety of perspectives. If you would like to share your opinion, please send a letter to [email protected].
BB-2024-CV-000075 – Motion to Dismiss
BB-2024-CV-000075 – Original Petition
BB-2024-CV-000075 – Withdrawal of Board of County Commissioners Motion to Dismiss
Obituary of Otis Thomas
Otis B. “Otie” Thomas passed away Saturday, April 19, 2025, at the Presbyterian Village in Fort Scott, KS. He was born in Rhinelander, Wisconsin in 1933, the son of Francis C.O. Thomas and Gjerdis J. Thomas. Growing up together with older sisters Marie and Carolyn, he graduated in 1951 from the Griffith Institute in Springville, New York. He next matriculated at St. Lawrence University in Canton, New York, graduating in 1955 with a B.A. degree in Business Administration. Following university study and ROTC training, Otie married Helen Gillette of Briar Hill, New York and became an officer in the U.S. Marine Corps, serving for four years and ultimately rising to the rank of Captain.
Upon leaving military service, Otie began a long and distinguished career in the graphics profession, serving a series of prominent national and international companies, including Graphic Controls (Buffalo), Fasson/Avery Dennison (Cleveland), Contact Products (Dallas), and Ward-Kraft (Fort Scott). Later in his career, he burnished his reputation for excellent customer service with his company Forms & Labels by Thomas and Graphic Resources/Liberty Labels. Following Helen’s passing in 2012, Otie married Thelma Wurtz of Fort Scott, Kansas in 2015.
While his older sisters have passed on, Otie is survived by close friends and family, including Michael McWilliams (Stanford, California) and Jennifer Froats-Washington (Dallas, Texas) together with nephews and nieces Christine Telfer (Bend, Oregon), Geoff Horn (Navasota, Texas), James Horn (Holly Lake Ranch, Texas), John Horn (Portland, Oregon) and Susan Craven (Denton, North Carolina).
Wherever he lived and worked, Otie was a tireless supporter of church and community, a sensitive and caring friend, and a devoted fan of his favorite local and national sports teams, forever optimistic that next season might be better.
We will all miss Otie’s irrepressible smile, his boundless spirit and his steady friendship. It has been a privilege for us all to have been a part of his very rich life.
Rev. Sarah Gengler will conduct funeral services at 10:00 AM Monday, April 28th, at the First Presbyterian Church in Fort Scott.
Burial will follow in the U. S. National Cemetery.
The family will receive friends from 9:30 AM Monday until service time at the Church.
Memorials are suggested to Presbyterian Village Fort Scott and may be left in care of the Cheney Witt Chapel, PO Box 347, 201 S. Main St., Fort Scott, KS 66701. Words of remembrance may be submitted online at cheneywitt.com.
Obituary of Frederick Campbell, Jr.
Frederick F. “Fred” Campbell, Jr., 94, of Fort Scott, passed away Friday evening April 11, 2025, at Guest Home Estates. He was born December 6, 1930, in Fort Scott, Kansas, the son of Frederick F. Campbell, Sr., and Ola Mae (Morris) Campbell. He married Viola M. “Vi” Johnson September 2, 1951, and she preceded him in death on March 14, 2025.
Fred graduated from Fort Scott High School, and also from Fort Scott Community College. He served in the United States Navy from January 1949 to January 1950. He later graduated from WSU.
Fred was a life-long resident of Fort Scott, and a member of the St. John’s Global Methodist Church. He was an educator, teaching for many years for USD234 before becoming Superintendent for the district.
Fred is survived by his daughter, Elizabeth Bush; four grandchildren, and four great-grandchildren. In addition to his wife Vi, he was also preceded in death by his son, Joseph Frederick Campbell; his daughter, Nancy Marie House; his brother, Phillip M. Campbell, and two sisters, Donna Campbell, and Mary Ellen Dickerson.
Pastor Jim Brackett will officiate funeral services for Fred at 2:00 p.m. on Friday, April 25, 2025, at the Ellis Family Fine Arts Center. followed by burial at the Maple Grove Cemetery, under the direction of the Konantz-Cheney Funeral Home.
Memorial contributions may be made to St. John’s Global Methodist Church and may be left in the care of the Konantz-Cheney Funeral Home, 15 W. Wall Street, P.O. Box 309, Fort Scott, KS, 66701. Friends and family may sign the online guest book and share memories at www.konantzcheney.com.