The north wing, east side of the Bourbon County Courthouse.
Southeast Kansas Health Department 2026 Budget Request
Rebecca Johnson administrator of the Southeast Kansas Multi-county Health Department and the Bourbon County local health officer presented the SEK Health Department budget request for 2026 to the commission.
The department is requesting a 3% increase in funding for the upcoming year to account for inflation and rising operational costs. This reflects a standard cost of living adjustment and the continued rise in the cost of goods and services. The department’s last increase was in 2021.
In the annual report she presented, Johnson said that the health department conducted 362 disease investigations, 795 immunizations, 3,751 WIC appointments, and 140 home visits, the best home visits in the state of Kansas per a recent KDHE (Kansas Department of Health and Environment) report. The department also engaged 1,349 individuals through outreach and 496 through other services.
A new project the department has taken on started in August of 2024 with a breast milk donor depot to help get frozen donated breast milk to hospitals in the area. They are also working on a tick disease prevention project.
The department applies for many grants to help the region. They currently have a grant through KDHE for safe sleep baby showers, and will be hosting an event in June with safe sleep trainers to educate families in safe sleep for babies, which includes distribution of pack-and-plays. The department also has carseat safety trainers, providing safety check lanes, and a grant to pay for car seats for children. In addition, the breastfeeding coalition is experiencing rapid growth.
The SEK Health Department’s funding request for 2026 is $93,473.
The commission will use this information as they write the 2026 budget.
Old Business
Hay bid letter from Pat Murphy, over-the-road truck driver who missed the bid deadline
Murphy bid $200 to hay Native Road and the old dump site. The commission approved.
Letters of interest in the zoning committee
The county received 14 letters from individuals interested in serving on the committee to advise the commission on zoning. More letters were submitted from District One than any other.
Commissioner David Beerbower read the new committee bylaws aloud in the meeting.
After taking about 13 minutes of the meeting to look over the letters of interest, the commission chose a nine-member committee. Brian Wade, Christine Farbo, Brian Ashworth II, James L. Banworth Jr. Mary Pemberton, Jason Yaunt, Amanda Spicer, Pete Owensby, and Mike Hueston were selected as committee members.
The committee will meet once a week for 5 weeks starting Thursday, April 17 at 5pm in the commission room at the courthouse. These meetings are open to the public, but are not a public forum, and no public participation allowed.
Public Comments for Items not on the Agenda
Kevin Shafer asked the commission to upgrade the septic code to include a soil test.
Shafer had spoken to the previous commission about this problem, but no changes were made at that time. There was a requirement prior to 1998, but it was dropped then. Shafer said it’s a safety issue and right now it’s “just guesswork” going on when a septic system is installed. He offered to come back with more detailed information about the changes he’s suggesting at a later date.
Brent Smith from Redfield Kansas thanked Beerbower for coming to the recent chamber event. He also commended the commission for the professional manner in dealing with the public, compared to the previous commission.
Anne Dare recently joined an organization called Path of Ease, a transitional program for women coming out of addiction. They need lockable medication boxes and she is interested in checking over the hospital supplies the county will be auctioning to see if they have any that meet Path of Ease’s needs. Whisenhunt said they would check on the progress of the auction company and if the items aren’t yet up for auction, they will help Path of Ease get in to look and see if any of the items fit their needs.
Michael Hoyt said that Veteran advocacy has been a challenge since November of 2024. He wanted the public to know that on April 22-23 from 9am-6pm in Kansas City, the Missouri and Kansas VA Benefits offices will be in Kansas City, Kansas at the Veterans Memorial Hall to work with those who need help inputting their claims.
Michael Walden, Director of Juvenile Detention Center in Gerard, KS, which Bourbon County is part owner off came to meet the commissioners. He said they will have a Board of Directors Meeting on April 23, where they will discuss legislative changes affecting the center. Beerbower plans to attend. Walden offered the commissioners a tour of the center, and emphasized that it is part of Bourbon County, which has $300,000 invested in the center. He expressed the desire to serve the county in whatever capacity he can.
New Business
Letter of Support for SEK Community Action Program
Casey Brown, Community Engagement Coordinator for SEK CAP, which covers the 12 counties in Southeast Kansas, including Bourbon spoke to the commission. He asked for a letter of support for their application for the Community Service Block Grant, the core funding that operates CAP programs across the nation. CAP programs are a federal initiative designed to alleviate poverty at local levels.
Initiatives the grant and SEK CAP conduct include: community needs assessments, housing programs, early childhood education center and home visitation program, transportation services and weatherization assistance.
The commission approved signing letter.
Department Updates
Eric Bailey, Public Works
After last week’s road presentation, they went out and got the estimate to do Maple Road. The distance of 2,092 feet will cost $30,170.
Wednesday, 195th, south of 54 to Maple will be under construction for a culvert replacement.
Roofs are going on right now at the shelters and house at Elm Creek. Todd Fox and his group of volunteers have been working on it. The Fort Scott High School construction trades department is building windows for the house, using materials from the county.
The Public Works Safety Committee is doing CPR and First Aid training this week and continue to look for ways to improve their rules and procedures through committee meetings.
Current job postings for public works are a Class A driver, a mechanic, and a general laborer.
Commissioner Brandon Whisenhunt wants the county to hire a scale house operator at the transfer station to weigh trucks, handle tickets, pick up trash when not busy. Beerbower sees the need for more personnel out there but is concerned about finding the money. Bailey’s opinion is that the county needs to get the transfer station paid off, which won’t be done until March of April of 2026. They also have to have $235,000 set back, per the state, for reclamation. Hopefully that’s all handled by next year. Then there will be room in the 2026 budget for that position.
Beerbower says further discussion requires getting numbers to see if the budget will allow it at this time. Bailey asked to be in on any discussion, and Whisenhunt agreed.
Commissioner comments
Whisenhunt thanked all who sent a letter of interest in for the zoning advisory committee. “It’s nice to see the citizens getting involved and taking an interest in what’s going on in the county.”
He also wants to have a public hearing on the zoning discussion with a moderator. In the public hearing, the commissioners will be there to listen. The date will be announced.
Whisenhunt was asked to explain the difference between zoning and coding. “Coding would be when we get involved in everybody’s business and everything they do. I am not in favor of that,” he said. Zoning is no permits for agricultural or residential. It only takes affect when you go from those things to commercial and industrial use. “I don’t know how to make it any easier than that,” he said. “Hopefully that clears it up some.”
Sean O’Brian from Good Old Days committee thanked the city for their help in reserving facilities, closing streets and approving the parade permit. The theme of the 44th annual Good Ol Days celebration is “crafting memories.” The celebration will be June 6-7.
Denise Needham spoke to the commission for approval of temporary road and parking lot closures at Riverfront park for the annual USD 234 Color Run from 4 to 8 p.m. on April 25.
Wastewater update
Director Scott Slater gave an update on the city water department: They have switched to liquid ammonia from gas ammonia for the safety of the operators. Matt Stalenbaumer, SCADA integrator, will come install and program that. A new hydro chlorine analyzer on the influent of the clear well was installed last week. New electric pole and box were installed on east water tower.
Max Daily, superintendent of water treatment plant, and Slater attended Kansas Rural Water Conference in Wichita last week and finished in the top 3 for best tasting water in Kansas. “Very pleased and very proud about that.”
The 2024 water usage report says that Fort Scott produced a little bit more than 787 million gallons of water, averaging about 2 million gallons a day. 2,332 hours were worked at the water treatment plant, manning it 20 hours a day.
Wastewater report
On March 13 the final AMS trailer pulled out of the 7 that had been there on Jan. 1. The plant installed a new mixer and aerator in the digester. Another aerator went down and needs replacing. Once that’s done, the digester will be fully functional. Another aerator is still needed for the number 2 holding basin.
Data collected: 503 annual soil sample test approved. Wet test for 2025 passed as well. In addition to regular monthly tests.
In 2024, 806.5 million gallons go through the wastewater treatment plant. They processed more than 1000 work orders. 1006 loads come into the lagoon from ADM. 1.67 million gallons of bio-solids were applied to the fields.
Commissioner Tracy Dancer and Mayor Timothy Van Hoeke expressed dismay at the information about the amount of BOD, Chemical Oxygen Demand average, and other data supplied by Slater.
ADM had a contract with the city to dump waste, which expired in December. They have continued to bring waste to the treatment plant since the start of 2025.
ADM brings trailers to dump at the plant, even when numbers are outside of safe ranges. Part of the problem is test results are three weeks out from the time the samples are taken.
City Manager Brad Matkin said the commission needs to give them direction regarding how to handle ADM.
“We don’t turn trucks back,” said Slater.
Commissioner Matthew Wells verified that ADM is penalized with fees for dumping loads that are over the limits specified in their contract.
Commissioner Dylan Olson expressed concern that this is still ongoing a year after he first brought it up. “Now we have increasing levels and AMS is gone. Are we going to be looking at a stinky town again?” “Yes,” answered Slater.
The BOD and COD won’t go down, said Matkin. ADM said it’s not their job to take care of our industrial lagoon.
“It’s a municipal lagoon that’s being used to dump industrial waste in,” said Scott Slater.
“They are proving time and time again that they are not going to honor what’s in the contract anyway,” said Dancer, citing a history of 15 months of nearly monthly violations in violation of the contract Fort Scott already had.
“I’m saying: It’s time to stop this,” said Matkin. Of ADM: “They cannot get their numbers under control. They’ve told us that.”
Industrial Waste income: $30-40,000 per month. In 2023 we were getting more than $2 million.
Slater said he would like to continue taking domestic loads from ADM, and selling them the effluent water they currently purchase from the city. The issue is the industrial waste.
“These figures are grotesque,” said Dancer.
Limits placed on ADM’s loads are based on what the plant can handle.
Wells wanted a contract that includes a new tank and chemicals, mechanical dredging of lagoons. If they won’t sign the contract, then then won’t do business with the city.
Matkin, Vanhoeke, and Slater are against a new tank.
Olson made the motion to temporarily, fully suspend receipt of all industrial waste loads until ADM comes to the table to negotiate and we have a contract in place that they are willing to honor. Wells voted “no,” the rest of the commission voted “yes.”
Unfinished Business
Approval to honor the $3000 demolition bid previously ordered for 323 W. Wall from Dave’s Demo. Commission approved the bid.
New Business
Public Hearings
Consideration of vacation of street and ally to the south at approximately 123 McCleverty Street at request of Alyssa Green and Derek States who own the four quadrants there, east and west of both ally and street. Norm Nation spoke on their behalf.
Wells was opposed to giving away that amount of land. Made motion to deny, seconded by Dancer, approved unanimously.
Status of 118 E. Wall Street
Codes Officer Leroy Kruger said phone conversations with the business owner and an insurance representative show they cannot find anyone to write a policy for them “with the red tag on it. They’re basically refusing to write a policy until that tag’s removed.”
Owner is willing to sign the paperwork from the city attorney, but he can’t fulfill it because he can’t get the insurance. No action was taken.
Consideration of resolution number 10-25 project authorization of the East National improvements
The item is a resolution that would authorize the construction of improvements to East National heading east from the cemetery to the railroad tracks. Estimated cost is $3,560,000. The resolution would authorize the city to issue bonds to finance all or a portion of the cost of those improvements. A grand from KDOT in the amount of $1 million towards the improvements, for construction costs only, is expected to cover part of the cost.
The resolution doesn’t require bonds but gives the authority to do that at some point in the future when it is most convenient for the city. The city would be responsible for the cost of the project beyond whatever funding KDOT provides.
“I would like to not go out for a bond myself,” said Matkin. They are looking at different ways to do this road, including using city crews to do some of the work. He would rather do the work in house and pay for it with street funds and storm water funds.
Olson moved to approve the resolution and it passed unanimously.
Truck Purchases
Tom spoke to the commissioners, saying that in the last snow storm they had multiple truck breakdowns, at one time getting down to one working truck. Upon inspection, it was show that two trucks have cracked frames and the hydraulics are so old there’s no parts. Two of the trucks are from 1993 and the other two are from 1999.
He wants to lease 4 Internationals for $150,000 per year and purchase for $1 each at the end of the 6 year contract. They come with plow, spreader, and a bigger engine.
Matkin said, “On the CIP we have an excavater, but we are going after the dump trucks right now.” With the money they are saving by not purchasing an excavator, the city could go after a steel drum roller and rubber tire roller, enabling asphalting.
Matkin suggested paying for it with waste water, streets, and water funds.
The city will sell old trucks for scrap. “They’re not safe to be on the streets,” said Tom.
Commission approved the lease and purchase of the four new trucks.
Food trucks
Matkin said that food truck season is starting. Fort Scott currently has an ordinance for solicitors, canvassers, and peddlers, but not exactly food trucks.
“We just want to make sure we’re fair, consistent, and accurate when we’re doing our codes and talking to people,” said Matkin
Norm Nation, brought an example of the city of Garnet, which is comparable in size to Fort Scott and has an ordinance they could model if the commission wants one.
Currently, food trucks must be registered with the Kansas Department of Health. In Fort Scott, food trucks should not be parked on public property.
Wells pointed out that some cities have designated areas that are for food trucks only, enabling them to be regulated more easily.
The commission instructed Matkin to collect more data to consider in creating an ordinance.
New Guns for Fort Scott Police
Police Chief Pickert wants to trade in the department’s current Glocks for new ones with red light sights. The funding is coming from drug recovery money. The last time they had new guns was 15 years ago. The Kaiser Police Supply low bid of $12,676 was approved by the commission.
STOPPED HERE
Consideration to sign litter to save the Institute of Museum and Library Services
Commissioner Wells spoke to the commissioners about the federal shut down of IMLS, which affects the local library and community college, including the loss of awarded grants that the current library budget is based on.
He asked the city commissioners to sign a letter asking that the IMLS be reopened to me sent to Senators Moran and Marshall and Representative Derek Schmidt.
There was a fairly heated discussion about the best way to influence government policy and the roll of city commissioners in trying to affect change by sending letters. 1:39
VanHoeke voted against the motion, but the rest of the commission approved it.
Reports and Comments
Brad Matkin, City Manager, spoke to the commissioners about ongoing problems with the 800 block of Eddie Street. Due to recurring issues with water leaks, the 8-inch main needs to be replaced and the street repaved with concrete. The city already has most of the supplies needed to do the repair. The street has been greatly damaged by water leaks in the last few years, most particularly one that was repaired during the April 1 commission meeting. Repair of the water main and street are urgent and must be done before other projects the city has planned.
Mid-American Baseball League has found a store front and will be opening end of April selling tickets and merchandise in Fort Scott.
Commissioner Comments
“I want to encourage all of our constituents to reach out to your commissioners and other elected officials and voice your concerns, desires, and how best we can represent you,” urged Commissioner Dancer.
Commissioner Olson said the citizens put the city commissioners here to speak up.
The north wing, east side of the Bourbon County Courthouse.
Bourbon County Commissioner Brandon Whisenhunt began the meeting by reading and signing the Bourbon County Proclamation of National Health Week, April 7-13.
The commission decided to postpone discussion of the county’s budget for the Southeast Kansas Mental Health Center. Allen County Commissioner David Lee is planning a multi-county meeting to discuss SEK Mental Health, the time of which will be determined. Beerbower asked to attend on behalf of Bourbon County. The Commission then agreed to put the SEK Mental Health budget discussion back on the Bourbon County Commission agenda after the multi-county meeting.
Hay Bid Openings
The county received three hay bids from Joe Tirri: 255th Radio Tower Property for $30; Elm Creek East Side for $1000; and Elm Creek West Side for $2050. All bids were accepted.
The old landfill property on Native Road received no bids. The commission opted to mow it, rather than resubmit for bids.
Old Business
Tax Sale Redaction and correction of the motion made on 3/27/2025
The original motion by Whisenhunt included the land bank, which was an error. A new motion to use the firm of Klenda Austerman for county tax sale properties only was made and approved.
Public Comments for Items Not on the Agenda
Mary Pimperton regarding roads
Mary Pimperton requested that the county pave the half-mile section of Maple Road that runs from 3 Highway to 75th Street. It is a main road through Uniontown, frequently traveled by buses. “It’s in extremely poor condition,” she said. For the past several years the city has been patching it, but it’s beyond patching now. During the work session following the meeting, the commission asked public works to do a cost assessment on paving that section of road.
New Business
Commissioner Comments
Beerbower read a statement about zoning, to clarify comments he made at the last commission meeting.
Based on the comments he saw on Facebook and the texts and phone calls he had received, one would believe that zoning was always a bad thing. Beerbower went on to explain the history of zoning in Bourbon County and the previous commissioners’ naming lack of zoning in the county as the reason citizens have no way to defend their property from their neighbor’s actions. “Those that hold on to the outdated ideology that zoning somehow robs their freedom and right to do whatever on their land are shortsighted,” said Beerbower.
He explained the validity of zoning as a way to protect rural property from industrial encroachment and pointed to the efforts of companies looking to come to Bourbon County as a second industrial revolution that is looking for land instead of labor. Beerbower said, “Let me reiterate, it is not a matter of if we will zone. It is a matter of what zoning will look like.” He ended his speech with an appeal to citizens who are interested to submit letters of interest to join the advisory committee that the commission voted to form at last week’s meeting so their voices can shape the future zoning of Bourbon County.
There were questions and comments from those in attendance asking if adjacent counties have zoning. Whisenhunt said Allen County has minimal zoning, while Crawford and Lynn County both have zoning. Parts of Crawford aren’t zoned yet, but the zoning they do have is “pretty strict.”
Southeast Kansas Mental Health Center
Jeff Fischer and Marty Dewitt spoke to the commission about the role of SEK Mental Health in Bourbon County. Fischer said that behavioral health is an area of great need and not many organizations are capable of an integrated care model. Throughout all the healthcare provider changes that Bourbon County has undergone in the past several years, the SEK Mental Health Center has been a stabilizing force, he said.
Fischer and Dewitt both gave the commissioners their contact information and asked that they be contacted with any questions the commission may have so they can provide truthful answers.
Work Session for 2025 roads and equipment plan for public works
Eric Bailey, director of public works, showed a video of his department doing a blast, running it through the crusher, making and laying asphalt, and chip and seal road maintenance, to inform the commission of the procedures his department goes through.
Annually, after the winter freezes and thaws, public works workers drive around the county and rate the condition of the roads based on the Pacer Asphalt Roads Manual, rating from 0-9. The higher the number, the better the road’s condition.
He also reported the asphalt produced and laid by the county: 9336 tons laid in 2024. Reduced sales tax numbers and flooding reduced the amount laid from previous years: 14,302 in 2023: 11,474 in 2022; and 23,600 in 2021.
2025 plan based on analysis of the roads
District 1
Hackberry on 120th to Kansas. Major road failure there that the county has been battling for some time. It needs to be taken back down to gravel, re-work the sub-base and look at asphalting it in the next few years.
Yale Road: asphalt from Mapleton to 95th this year to get a good base coat down on the road.
Chip and seal is everything asphalted in 2021 in the district.
District 2
State Line Road: Vernon County owns half, and has expressed that they would pay for the asphalt if Bourbon County will lay it.
Eagle Road from RR tracks in Garland to State Line needs a 2-inch seal coat on it. Should have been done last year, but they ran out of funding.
Chip and seal the remainder of the asphalt laid in 2021.
District 3
215th from Xavier to Yale damaged by flooding last year, needs to be relayed.
Soldier Road from 215th to 225th didn’t get finished in 2023 and it needs to be finished to prevent losing the work done on it from that year.
Chip and seal the roads asphalted in 2021.
Bailey also provided a list of all the roads that could be done if the commission chooses to. It would take $3.3 million to do every road in Bourbon County that could use improvement and maintenance, based on the current analysis.
Bailey has goal to get started laying asphalt on the smaller areas in May and June, chip and seal in July and August, then spend the remainder of the sales tax funds on Yale and go as far as they can.
His recommended order is Garland, Soldier, 215th, then chip and seal.
“We can only do what sales tax money we have,” said Bailey.
Bailey emphasized the need to improve preventative maintenance (chip and seal).
Whisenhunt said the commission should have a decision for the road maintenance plan by the first meeting in May.
The north wing, east side of the Bourbon County Courthouse.
Two commissioners, Brandon Whisenhunt and David Beerbower, met to conduct county business, as District 3’s, seat is currently vacant.
Old Business
Memorandum of Understanding (MOU) with Govdeals.com
Beerbower brought up a complaint he had received from a local auction service regarding the commission’s decision to use Govdeals.com to sell the used medical equipment from the old hospital. He expressed concern about following due process to find an auctioneer for the proceedings and give local businesses a chance to earn the county’s business. Originally, the auction for the old hospital equipment was going to be conducted by the county, but at the last commissioners meeting, they voted to use the online auction service.
Govdeals.com charges a buyer premium, offering their services at no cost to Bourbon County.
“We might also owe it to the constituents of our county to get the most bang for your buck,” said an audience member at the meeting.
Whisenhunt who had also spoken to the local auction service provider, wants to get the sale done as soon as possible, and not take the time to publish for bids, which would add at least two weeks to the current timeline for the sale of the equipment. “So I guess we’re at a stalemate.”
Bob Johnson, county counsel said that a lot of counties just use an online auction service.
After going over the last meeting’s minutes and confirming the commissions decision to hire Govdeals.com at that time, Whisenhunt made motion to sign the MOU with Govdeals.com to sell the old hospital equipment, less the items going to the Mapleton clinic. Beerbower seconded and the motion passed.
Regarding local businesses working with the county, Whisenhunt said, “I would recommend that anybody that has a small business that thinks they might ever do business with the county bring their contact information to the courthouse so we have a list.”
Greg Post, representing Friends of Mapleton and the clinic there, spoke to the commission. There are six small items in the hospital equipment sale that they want to lend-lease from the county, which would be a benefit to Bourbon County residents.
Whisenhunt and Beerbower both said they would be glad to donate the items to the clinic. They instructed Johnson to draw up a donation agreement with the clinic, which will state that the items will be returned to the county if the clinic ever doesn’t need them.
Fence viewing discussion
Beerbower said that since initial discussion a few weeks ago, other citizens have contacted him about it. The statute shows that the commissioners do owe some kind of service. He suggested a designee from the county be assigned to the job. There has to be one designee per commissioner, per the statute, according to Johnson.
Beerbower said the parties asking for the commission to view their fences are in his district. Whisenhunt needs to direct someone to go in his stead, because if they both go it’s a open meeting which must be published, said Johnson.
“I’ve been representing counties for 25 years and I’ve never had this come up,” said Johnson. He offered to put a memo together to help inform the commissioners fully of their obligations.
The item will also be on the next commission agenda.
Sheriff’s Tax Sale
Michael Hoyt spoke to the commission as a member of the Fort Scott Land Bank board. He encouraged the commission to use the services of attorney Christopher McElgunn with the firm of Klenda Austerman to conduct the county’s sales of properties with delinquent taxes.
He also advised the commission to have regular tax sales to incentivize citizens to pay their taxes and avoid loss of their property.
Susan Walker, County Clerk said that right now the county has about 150 properties ready for tax sale.
Whisenhunt made a motion to hire Klenda Austerman, an attorney at law, to handle the tax sales of properties. It was approved.
New Business
Zoning Discussion
Beerbower took over the handling of county zoning from Leroy Kruger when Kruger resigned two weeks ago. He said the county currently has two staff members, assigned by the previous commission, working on a plan. They also have some Allen County zoning examples to look at.
Beerbower has also met with a couple of citizens about the topic. “I’d like to see us go ahead an panel a group of citizens.” Preferably from each of the districts, depending on the letters of interested received. This would not be a voting panel, but for research to present a working plan to the commission. There will be zoning, this is to inform what kind of zoning it will be.
Whisenhunt asked the county was ready for this step. “I think we need to wait until we have a third person on the commission.”
An audience member spoke up to say this is only exploratory, information gathering step. It’s not an item to be voted on. Once a third commissioner is on there, then the zoning decisions can be completed. She is frustrated that no progress has been made on zoning since the new commission began.
Johnson pointed out that county employees have been working on this, it just hasn’t been public record.
Beerbower said that the work of the county employees will be a part of the information the panel uses to make their recommendations and he wants a commissioner to be on the panel as well.
“The panel would be the buffer before it comes to the commission,” said Beerbower.
Another audience member spoke up asking, “Are we doing codification or zoning?” He is against codification and wanted to know what the commissioners expect to come out of this. He also expressed concern about the scuttlebutt is that there’s a 100+ page document out there. which would indicate codification.
“Coding is not even on the table,” said Beerbower. “Zoning at its most basic is what we want.”
He said the citizen panel will provide transparency. The purpose of the zoning is to deal with industries that aren’t regulated by federal or state government and therefore need county regulation.
Beerbower made a motion to post for letters of interest to form a panel to discuss zoning research and review proposals for Bourbon County to be received by April 14. Motion was approved.
Department Updates
Laura Holdridge, Register of Deeds
The Hidden Valley Roads neighborhood wants Bourbon County to now maintain their roads. However, there is no record of an agreement with the county for that maintenance. They have done their own maintenance for at least the past 21 years. The area consists of 9 miles of roads.
The commission did not agree to take on the roads of Hidden Valley.
Land locked property
At an unspecified location in the county, J&M Land Company is denying a Mr. Cook access to his landlocked field. The original road records show a road there, but in the 1987 records they’re not there.
Cook called Whisenhunt Friday, saying he can’t get equipment through on the railroad right of way that J&M Land Company offered as access because it’s severely overgrown.
Holdridge, suggested that the county keep one small section of the road open so he can get to his property. J&M Land Company, LLC is opposed to reopening road.
Johnson said that if he’s been accessing it for more than 15 years, he has a prescriptive easement. It’s a civil matter and he will talk to the parties involved this week.
Eric Bailey from Public Works said that Cook couldn’t access it last year and it became a civil matter then.
County Cemeteries
Holdridge said there are 37 cemeteries in the county, only 2 file deeds with her office. Those cemeteries include the fees in the cost of the plots. Fees are listed on the county’s website. Statues require charging for deed filing. It is the public’s responsibility to file their deeds themselves. Her office doesn’t hold original deeds, but copies.
“There was a misunderstanding between Ms. Ethridge and myself” regarding the storage of old cemetery plot deeds, she said.
Whisenhunt says the big problem is that current cemetery boards are aging and records aren’t being kept well. They need to organize and get together to work out a system to keep track. They do need to add the cost of filing the deed to the cost of the plot. We’ve got to help some of them get updated, he said.
As the county government, we can’t make them, said Beerbower. It’s not our responsibility. The county does collect taxes for 16 of the cemeteries in the county, amounting to approximately $60,000 per year that is distributed to those cemeteries.
Eric Bailey, Public Works
60th and Grand Bridge: time to choose the construction engineer. Schwab Eaton was the bid received. They did this same job for the bridge at 160th and Fern. They helped the county apply for the grant and did the design for it. Commission gave approval to send an email to KDOT to approve Schwab Eaton. KDOT will pay for that service as part of this grant.
Good Old Days committee have a meeting coming up and want approval for the county to fetch golf carts from Lamar for the June event. Commission gave permission.
Bridge at 130th is repaired.
Elm Creek roofs had a volunteer group come forward and offer to do the roof if the county will provide the materials and a couple of employees. Approving that would bring them in under budget. Cost for material is $5,409.71. Bailey said he will find a way to make it with their budget. “We have to do something with those roofs. We’ve put it off and they’ve been neglected long enough,” he said.
Whisenhunt asked about the ditch project. “They made great progress on it,” said Bailey. It will be better when the rain lets up.
Beerbower asked about dust control service from the county. Requests must be for a minimum 300 ft, and last year the cost was $1.75 per foot. Those interested can call the office and get on the list. The county will go out with flags to mark area, then work the gravel road as best they can to get it compact and then put the oil down on it. Longevity of the dust control depends on traffic and amount of turning done on the surface.
Commissioner comments
Beerbower
Asked to attend the Fort Scott Chamber community connection panelist luncheon on April 9 at 1 pm at Empress event center.
KCCA Annual Conference in Manhattan, April 21-23, Beerbower cannot attend due to medical issues. Whisenhunt has to work. They both expressed hope that the new commissioner can go.
He added two budget discussion requests to next week’s agenda regarding juvenile detention and Kansas Mental Health. He wants to discuss what was budgeted for them and discuss amending it.
Whisenhunt
A family member expressed to him that the county should have an animal shelter. Whisenhunt suggested a partnership with a shelter that’s already in place, as it’s cost-prohibitive to start one up for the county.
Representation from each district is desired for the redistricting. Map from the Bourbon County website.
The Convention to replace and appoint the District 3 County Commissioner for Bourbon County will be April 5th at 9am in the Ellis Fine Arts building meeting rooms. The precinct men and women from the old District 3 will be the voting delegates.
A letter of resignation was submitted to Bourbon County by Leroy Kruger on Tuesday, March 18, and forwarded to the Kansas Governor’s Office.
According to Jennifer Hawkins, Bourbon County Deputy Clerk, the Bourbon County Republican Party has 21 days from the day they receive the notice of vacancy from the Governor’s Office to appoint someone to the seat.
The Bourbon County District 3 Appointment Area is defined as the area designated as District 3 (prior to the geographical redistricting done to increase the Bourbon County commissioner total from three to five). District three is the pink district on the map.
Interested Republican residents of Bourbon County District 3 seeking to fill the county commission seat should send a letter of interest with qualifications, rationale, and reasons why they should be selected to: Kaety Bowers, Chairwoman, email bourbon.county.republicans@gmail.com. The deadline is Thursday, April 3, 2025 by 5pm.
Any questions regarding your address and its location within the district should be directed to Susan Walker, Bourbon County Clerk; phone 620-223-3800 ext. 191.
The Republican Party will certify the appointment with the Governor’s Office who will then approve the appointment and issue a certificate of office to the new appointee.
The individual appointed will not be able to conduct business as a County Commissioner until they receive their certificate from the Governor’s Office.
Hawkins has been keeping a file of resignations for the past two years, and remembers other resignations of commissioners during her 11 years of working for the county. Most recently, Nelson Blythe, 1st District Commissioner, resigned 4-1-2024 and Brandon Whisenhunt was appointed to fill the vacant seat.
Lynne Oharah, 1st District Commissioner, resigned 7-13-2022 and Nelson Blythe was appointed to fill the vacant seat. Nick Ruhl, 3rd District Commissioner, resigned 8-26-2020 and Clifton Beth was appointed to fill his vacant seat.
City commissioners vote on signing political letters and demolition dangerous properties among other business in March 18 meeting.
Consideration of letter of interest for planning commission vacancy from Danny Brown. He had also applied for zoning appeals board, but was not selected. He then reapplied for this position and was approved unanimously by the City of Fort Scott Commission.
Public hearings for a number of properties deemed unsafe or dangerous and in need of either demolition or repair:
First property: 301 N. Jefferson
City Codes officer Leroy Kruger said the owner had communicated to him that she doesn’t want any part of the house. She wants it torn down. The commission voted to direct the removal of the building.
301 Jefferson
Second property: 501 S. Osbun.
Kruger said that when he last spoke to owner, she couldn’t meet deadline to tear it down. She wants to build a new house on the property, but wants the city to tear it down. The commission voted to go out for bids for demolition. Wells voted against the decision.
501 Osbun
Third property: 314 S. Scott.
Kruger hasn’t made contact with owner. He said the property has been used as a flop house and had bonfires on it in the past. It is “a real mess” and behind on taxes. City commissioners voted to tear it down.
314 Scott Ave
Commission approved the closing of S. Judson and W. Oak streets for prom on April 5 from 5:45-8pm.
Consideration of bids for easement machine for use in flushing sanitary sewer mains
Bill Limpky spoke to the commission about the machine. It works with the sewer vacuum truck, enabling the moving of hose for flushing through 36 inch openings, giving normal flushing abilities to areas that cannot be reached by the regular truck. Three companies sent in bids from $71,100 to $93,874. Limpky asked for approval to purchase low bid item: Pipe Hunter from Key Equipment. It comes with it’s own trailer and a 2 year warranty on the engine and one year on all other components of the machine. The city has a long-standing good history with Key Equipment. The city had budgeted $100,000 for this item. The purchase was approved.
Consideration of ground lease bids
City Manager Brad Matkin said there were two bids and recommended giving it to the one for $14,250 per year for 85 acres of land on the west side of field A. Commission approved the bid.
Consideration of greens mower purchase
Mary White presented the bid information to the commission, saying they had 3 bids and wanted to go with the $25,000 bid from Kansas Golf for a 2021 Eclipse 322 with 980 hours on it. Last year the city decided not to purchase a new greens mower, decided to go with 2 used mowers. One of which was purchased and is running well. Other mowers don’t start well or scalp the greens. The purchase of this mower, “would give us two operating greens mowers that are reliable with one backup,” White said.
Dancer wanted clarification on John Deere’s bid. Commissioner Dyllon Olson said the lower number of hours on the Eclipse machine: 980 vs. the 1,091 on the John Deere, make it a better buy in his opinion. He also expressed concern that the mower would be not be available.
Motion was approved to purchase Eclipse unless clarification of John Deere bid comes back at $21,000, in which case the commission will look at the bids again.
323 W. Wall status
Commissioner Matthew Wells has contacted owner. She is willing to donate house to land bank. Kruger said that the granddaughter plans to speak to mother and grandmother, saying they should let it go. Wells said he was attempting to not tear it down per two contractors who have expressed interest in saving it, but they were not at the meeting.
Mayor Timothy J. Van Hoecke is concerned about safety with recent fires and the safety of kids in the area. He said they can stop the demolition process if the contractors come forward.
The commission voted to demolish it, Wells against.
121 S. Margrave.
Commissioner Wells told the commission that the home was owned by Susan Anderson, currently living in Minnesota. She contacted one of Commissioner Well’s companies last fall. She has since transferred ownership to that company, which is working to finalize a plan to rehab it.
Dancer moved to table for one month to give Wells’ company time to finalize a loan for doing the rehab work.
Mid-America Baseball League Agreement for LaRoche Baseball Complex
City Manager Brad Matkin said that Fort Scott getting a team in the Mid-American Baseball League in 2026. The league wants a five year free lease of the LaRoche Baseball Complex, and will give the city 50 cents per ticket and help with some additional upkeep of the stadium plus payment of the groundskeeper. The league will do the concessions and clean up after games.
Matkin expects the upkeep costs to stay the same as they have been because they have been treating the complex as though it’s being played on every day because it’s a shrine to baseball.
He had an economic impact study done which showed that if an average of 50 people attend the 32 home games each season, Fort. Scott would see an economic impact of $89,000 for that 2.5 month season.
Commissioner Katheryn Salsbury asked if the league would be responsible to repair significant damage to facility. Matkin said they would and will have insurance to cover any possible injury claims at the complex.
Wells made the motion to sign lease agreement. It was unanimously approved.
Van Hoecke congratulated Matkin for bringing it to Fort Scott.
Monetary partnership agreement with Mid-American Baseball League
Matkin asked for $50,000 as the city’s portion of the monetary partnership with the league, $30,000 from Economic Development and $20,000 from Tourism. In return, the league will have year round storefront downtown as well as the 50 cents per ticket and $89,000 economic impact during baseball season.
The Joplin Outlaws are coming to play at the facility July 11, 12, and 13th. There will be fireworks on Friday, a concert Saturday, and a family-fun-day Sunday.
The commission approved the agreement.
Consideration for the city to write a letter to congress or to send a congressional representative to protect SNAP/No Kid Hungry1:02
Commissioner Wells spoke to the commission about the letter he wishes to sign. “I believe we are to the be voice of the people,” he said. “This is not an attack on any person… Now is our time to stand up for what we believe in, regardless of what others may say.”
The letter he wishes to sign is from the Mayorhood Alliance Against Childhood Hunger. Wells said that there is a current proposal which will cut all funds currently used to feed all the of the kids in Bourbon County and Fort Scott. It hasn’t happened yet, but is part of the budget resolution for later this year. Budget resolution rules to not cut SNAP or Medicaid were voted down. Now there’s nothing to bind congress to not cut funds.
Van Hoecke said current research shows no cut to SNAP funds at this time, but some states are trying to streamline the food choices available with SNAP funds.
Olson said he knows lots of kids that benefit from this, including his own. “I cannot in good conscience let commissioner Wells stand alone.”
While it hasn’t happened yet, Wells said, “Our opportunity now is to tell them what our priorities are as a community. One of my priorities is to feed the children of this community.”
Salsbury referenced the USDA cutting $1billion in funding for school lunches recently as evidence that further cuts may be coming. Van Hoecke pointed out that the cut she mentioned was resetting expenditures to pre-covid 19 levels.
“I find cutting funding for children’s food at a place where they are legal obligated to be [school] unconscionable,” said Salsbury. She went on to say that National Parks and School Lunch funding amount to only a third the size of the budget given to a private entity “doing some things in space.”
While willing to sign the letter as an individual, she is concerned that signing the letter as a government entity will paint a target on the city. “I fear for what would happen to our city if we just happened to get in the searchlight of the wrong person,” she said.
Van Hoecke pointed out that the City Commission is supposed to be a non-partisan body. He advised waiting to see what happens. “I don’t like to say the sky is falling before something happens.”
Dancer spoke up and said, “I would encourage every member of this community … to please, address it with your legislature, state and federal, reach out to the governor, sign a petition, in your own, individual capacity, because feeding hungry children should be a priority.”
Olson said that if the government can feed criminals for free, we can feed children for free. “Whether it happens or doesn’t happen, I wish to put my name and title with Commissioner Wells on this.”
The motion was made that the letter presented for commissioners to read and sign with his or her title, if they want to.
Dancer and Van Hoecke voted No, while Olson, Wells, and Salisbury votes Yes. The motion carried.
Second letter to Secretary of State Marco Rubio and Secretary of Homeland Security Kristi Noem to restart the US Refugee Resettlement Program
Wells said there are currently more than 140,000 refugees who have already cleared all of the hurdles and were prepared for entrance into this country but are now held up by the executive order to suspend the US Refugee Admissions Program.
Van Hoecke said this falls outside the scope of city business and suggested getting a petition together.
Wells claimed that citizens have come to him saying otherwise. “When lives are on the line, I don’t feel like I need to wait to form a petition.”
Van Hoecke pointed out that the executive order has a 90 day window for reevaluation.
Wells said that the attorney general says he has the right to sign these, but a commissioner asked him to bring any future letters before the commission, so he is abiding by that commissioner’s wishes.
“I think it’s an extremely partisan issue,” said Van Hoecke.
Matkin weighed in with, “I’m not even sure why you’re having this debate. Because it’s his (Well’s) right if he writes it [his signature].” A year ago he did something similar and was criticized, which is why he’s bringing it before the commission now.
Salsbury said that Wells’s signing of the letter is free speech, and as a city commissioner, “you don’t forfeit your rights, but I do think there’s a special duty of care.”
“I currently serve as an army reserve lieutenant colonel. I have the same rights as you, but in that capacity, I would not, in addressing city government, state, or federal, identify myself in that capacity for the impact of whoever reads it because I would consider that inappropriate,” said Dancer. Van Hoecke agreed with him.1:29
Wells said that citizens of Fort Scott had reached out to him and asked him to advocate for them, not believing that they can speak up without endangering their lives, which is why he wants to include his title in the signing of the letter. He is doing it as a city commissioner, not just a private citizen.
Olson said petition readers look for elected officials. “This isn’t really city business, but everything happening out there affects our city.”
Wells made the motion to approved to sign onto a group letter with elected representative from other cities to immediately restart the Refugee Resettlement Program with his title.1:33
Van Hoecke, Dancer, and Salsbury voted No. Olson and Wells voted yes. Motion failed to carry.
Letter to Kansas Senators Marshall and Moran and Representative Schmidt to save national historic site of Fort Scott from budget cuts
Wells asked for the whole city commission to sign a letter he has written, “to save our national historic site from the damaging impacts of the mass firings and other changes that have been made.” He said that the site is currently operating at less than 50% of normal staffing levels which has lead to closures of many services and programs at the park and affects economy of the region.
In addition, Wells pointed out that the fort does not have enough staffing available to fire cannon or black powder weapons or bake bread. He said the staff didn’t not provide the information, as they are not allowed to discuss it. Wells found it through his own research.
The April 12 Civil War Days events are also affected, which brought in 3000 visitors last year.
Van Hoecke said, “this is more in our lane.” He said this is part of the consequences of elections. Reductions in force are part of business. “Hopefully this is something that’s corrected,” he said. He also pointed out that this program is under a 90 day review.
“I believe our fort is very important…we want to keep the fort maintained,” said Van Hoecke.
There is currently no way to privately pay for any of it through donations, as all donations are disbursed evenly among all national parks.
Wells encouraged citizens to let elected representatives know that they are unhappy with these changes which are affecting Fort Scott and the local economy. “Unless we tell them, they are not going to know.”
The motion passed unanimously.
Consideration to approve installation of family stations in public areas submitted by SEK multi-counsel health department
Becky Johnson, health department administrator and health officer for bourbon county, spoke to the commission about the Breastfeeding Coalition within Alan, Anderson, Bourbon, and Whitson Counties, and their desire to install a Family Station at a park in Fort Scott. She was asking the commission for permission to build the station, but not the funding for it.
This would be a seating area with shade, a privacy screen for breastfeeding and other caregiving needs, a changing table for infants and toddlers, and a trash receptacle for cleanliness. It would be a concrete pad with the bench and awning made from metal or composite, and include signage to indicate it’s purpose. She said they are considering the splash pad or other park in town such as Gunn Park or Fischer Park.
The estimated cost is $11,440, subject to adjustments based on partnership and funding. The coalition is interested in collaborating with local schools and businesses to fabricate the components. It will then be assembled by volunteers and local businesses will assist with installation.
“We are actively pursuing funding and community partnership to make this happen, as well as grants,” said Johnson.
The commission gave approval given with location yet to be finalized.
Johnson also mentioned that the coalition has funding for the four counties to purchase a lactation tent to use at community events that they attend for outreach. It includes tent, chairs, generator, cooling fans, and a changing station.
Wastewater evaluation and design contract for Davis lift station project
Jason Dickman explained the changes: The Davis lift station is a very large underground structure on peers going down to bedrock. The peers were discovered recently. They had considered having those as part of the new wet well that is going to house the pump for the storm water overflows, but overestimated the cost and found that quotes from contractors put it into the $200,000 range. They have since decided to have a geotechnical engineer do a boring at the location of the wet well and design the peers with a report recommending what to do. Preliminary thinking is that it could cost $100,000. The intent with these findings is to save $100,000 from the original plan, which may have been over-designed.
“If we get this design and that goes in the plans, we’re very close to putting it out for bid,” said Dickman.
Commission approved the new plan.
Snider Electric Service contract
City Manager Brad Matkin explained the service provided by Snider Electric: “They control our thermostats and our heat and air units.” They have 24/7 access and on-site support and semi-annual system database backups. Renewal of the city’s agreement with Snider is $12,894 per year. If city doesn’t continue the services, they will have to control their thermostats themselves. Matkin doesn’t believe the city saves the amount of the service fee on energy costs.
Matkin plans to research the installation of wifi thermostats in city buildings.
The commission voted to discontinue the service contract.
City Manager reports and comments
They are starting to look for bids for bathroom upgrades at Memorial Hall. Parks tax can be used for community buildings.
Currently planning to take the marquee sign off of Buck Run and move it to Memorial Hall on the west side, attached to the building.
Dickman said Horton Street grinding is complete. Fog sealing requires a lowered speed limit until cured. Final completion should be April 13.
Wells asked Matkin about a light for the crossing at Horton and 6th and asked that the work session on storage containers be rescheduled.
He also mentioned that they need a final answer from the Bourbon County Commission on the Transportation Energy Efficiency Program study pertaining to making 240th and Jayhawk a possible truck route, which would open the city up to a bunch of grants on signage and the county to have funds to fix 240th and put in the roundabout on Jayhawk.
The commission decided to review the ordinance forming the land bank board, as the Bourbon County Commission has asked for a seat on it. The Bourbon County Commission contributed to the formation of the land bank and has historically had a seat on the board. Also land from the county can end up in the bank. The County Commission’s seat on the land bank board was taken off via ordinance last year. Now considering adding a commissioner back in.
Van Hoecke said he is excited about getting a baseball team and recommended others turn in a team name suggestions for a chance for free season tickets.
He invited the community to the Friday fish fry from 5-7 pm in the gym at Mary Queen of Angels Catholic church off of Eddie Street. Cost is a donation for fish fries for everyone through Lent. The meal includes pollock and catfish and the dessert table. The fry will be every Friday through April 18.
He also mentioned the need to reinstall signage for no bikes on sidewalks downtown.
The north wing, east side of the Bourbon County Courthouse.
A letter of resignation was submitted to Bourbon County by Leroy Kruger on Tuesday, March 18, and forwarded to the Kansas Governor’s Office.
According to Jennifer Hawkins, Bourbon County Deputy Clerk, the Bourbon County Republican Party has 21 days from the day they receive the notice of vacancy from the Governor’s Office to appoint someone to the seat. The Republican Party will post notice of the vacancy and hold a special meeting where interested individuals will attend, and an appointment will be made. The Republican Party will certify their appointment with the Governor’s Office who will then approve the appointment and issue a certificate of office to the new appointee.
“I am still notifying precinct men and women and waiting on official notice from the secretary of state’s office,” said Kaety Bowers, chair of the Bourbon County Republican party.
She expects to receive that notice early next week. Once notice is received, the party will release an official statement that the position is open. A convention will follow with open interviews to ask questions of any interested candidates. Then the Republican precinct men and women will vote for their candidate of choice.
“The Republican party men and women are ready and confident in our ability to do so,” said Bower.
The individual appointed will not be able to conduct business as a County Commissioner until they receive their certificate from the Governor’s Office.
Hawkins has been keeping a file of resignations for the past two years, and remembers other resignations of commissioners during her 11 years of working for the county. Most recently, Nelson Blythe, 1st District Commissioner, resigned 4-1-2024 and Brandon Whisenhunt was appointed to fill the vacant seat.
Lynne Oharah, 1st District Commissioner, resigned 7-13-2022 and Nelson Blythe was appointed to fill the vacant seat. Nick Ruhl, 3rd District Commissioner, resigned 8-26-2020 and Clifton Beth was appointed to fill his vacant seat.
At the start of the new business portion of the meeting, commissioner Leroy Kruger resigned his position as County Commissioner.
“After much thought and prayer and for many reasons that I’m not going to speak on tonight, I’m going to resign from my position effective immediately. I will not be going into executive sessions or making any more decisions from this minute forward,” he said. Then he turned in his equipment and left the meeting.
Commissioner Brandon Whisenhunt said he wouldn’t pry into why, as Kruger mentioned having to pray on it. “It’s been a pleasure serving with you.”
“I wish you all well,” said Kruger.
“Now it’s a two-man show,” said Whisenhunt, after Kruger left.
Beerbower replied, “It’s a shame. But I guess you gotta do what you gotta do.”
The commission then moved on to the next item of business.
Old Business:
They had started the meeting with old business by appointing Greg Motley as the county’s representative on the Southeast Kansas Regional Planning Commission (SEKRPC). The commission assists agencies with applying for grants and other steps towards economic development.
Motley gave a brief overview of his work in economic development, including serving on the Shawnee area economic development board and starting the Cherokee County economic development board “That was very successful,” he said. He was also on the REDI board for a number of years. “Economic development is kind of my passion,” he said. He holds degrees in accounting and economics and management and has a 45 year career in banking.
Public Comments:
Heather Ethridge came to discuss again with the commissioners the need to file the deeds for West Plains and Centerville cemetery plots. She expressed that there needs to be a place where records of all the deeds are stored in a searchable format. These are county-funded cemeteries, so the county should be holding the deeds, not the state, she said. There were several mistakes at both cemeteries in the past.
“What can we do in order to make this right?” she asked the commission. She then suggested an email address and excel program for herself to save the scanned in documents. All the information is currently stored in “a tote and Ziplock bags.” The commissioners said she could store items in the county offices, but they don’t have the manpower to maintain and update the records and the cost for creating an email account for her would be the county’s.
“We need to have some kind of thing that’s going to be long term… We don’t have any kind of organized anything,” she said.
Aside from Ethridge, those caring for the cemeteries in Bourbon County are nearing retirement age and there’s no system in place for recording or accessing the deeds for cemetery plots.
“It’s not up to the state. It’s up to us county people to take care of stuff. So what can we do?” she asked again.
County Counsel Bob Johnson said that usually deeds for cemeteries don’t convey ownership, just the right to be buried there.
Whisenhunt suggested a county-wide board. Ethridge said that it difficult because there are so many cemeteries in Bourbon County.
Ethridge said she would try to work with the geneology department and keep searching for a way to store the records.
New Business
Tax Bill
Immediately after Kruger’s resignation, the commission moved on to remaining new business with approval to pay the taxes for 201 S. Crawford at $92.10. This county-owned property was intended for a parking lot but that didn’t come to fruition. “We don’t have any reason for it to be exempt,” said Susan Walker, County Clerk, since it’s not being used for a public services.
“We’ll start working on making it a parking lot,” said Beerbower.
K-Work Workers Compensation Audit
In 2024 the county implemented several increases in pay and overtime was up. Therefore the county must pay an additional $29401 in premiums for the year.
2025 premiums are similar to 2024’s with this increase.
“This is really based on your payroll,” Walker said.
Tax Foreclosure Sale Information
Christopher McElgunn came to talk with the commission about tax foreclosure. He’s been facilitating in tax foreclosure for counties and cities in Kansas since 1990. His firm doesn’t go looking for work because they don’t want to take work from local attorneys.
McElgunn came to the commissioner meeting after speaking to the land bank earlier that day. He explained how his firm works, should the county decide to use them for tax sales.
They charge a $350 fee per parcel and handle all surface process expenses. The fee is added to the parcel as part of the redemption costs. “We do all the work…Our goal is to get people to pay the taxes.”
“Hopefully we have a lot of redemptions, but at the end of the day judgements taken and you have to have a sheriff’s sale.” All unredeemed properties are sold at the sheriff’s sale to the highest bidder. All of those sale proceeds go into a pot. Then comes a court order to reimburse the county for title work and publications. Whatever is left after that is paid to the attorney and the remainder is forgiven. “So there’s never any burden on the county budget for legal services for tax foreclosure.”
In addition to handling your tax foreclosure work, we make ourselves available to the county on real estate property tax issues as they relate to collection for no addition fee and handle the title work.
Whisenhunt asked about the possibility of buyers building on lots purchased at the tax foreclosure sale. McElgunn explained that there are many complications with that issue. The buyer should be aware that he may have to take extra steps to establish his title. There are no warranties with the title at the time of purchase. However, the buyer can come in and file a motion to clear up his title within the tax foreclosure case, rather than file a new case with assistance from McElgunn’s company.
The commission voted to table it and make a decision next week.
Auction services
The commission spoke with Carry Welsh, located in Kansas City, with govdeals.com an online auction service paid by charging the winning bidder a buyers premium.
After a recommendation from sheriff Bill Martin and EMS director Terry Hallsey, the commission decided to hire govdeals.com to sell the unwanted medical equipment from the old hospital.
Executive sessions
The commissioners then held 3 seperate executive sessions. First a 20 minute executive session for consultation with the Bob Johnson, county attorney and Jake Reedenburg, the county’s solar attorney. Returned to meeting with no action needed at this time. Then a 5 minute executive session with Bob Johnson. No action taken at return to regular session. Finally, a 20 minute executive session for non elected personnel to protect privacy with Johnson and the 2 commissioners.
Department Head Reports
Eric Bailey, Public Works
Had a request from the Good Old Days committee to go pick up and return five golf carts from Lamar, MO. Whisenhunt said to bring it back closer to the time needed, in early June.
60th and Grand Bridge Project bid letting will be April 16.
KDOT projects for HWY 7 and 39 widening starting here any time will be an ongoing 2 year project. They are widening from Grand Road to Gerard. County is currently working with KDOT on reimbursements for any damage to county roads during the work.
Also an overlay project on HWY 54 is starting in April going from Ft. Scott to the Allen County line.
Elm Creek update: Craig Campbell has stepped forward and taken the lead roll for volunteer work out there. Has reached out to the high school’s construction trade program, and Justin Johnson, and Fort Scott Community College instructor. They are on board to help make the windows with materials provided by the county.
Beerbower said he would put the group of volunteers that he’s been speaking with in touch with them as well.
Tom Robertson is the county employee working with the project.
The county has also have received some roofing bids. However, the low bid is unable to provide liability work comp due to religious beliefs. Commission recommended getting legal advice on hiring.
Crews have been picking up limbs and repairing signs from the recent weather, so let the county know if you are aware of signs that need attending.
Public Works is also evaluating hard surface roads and putting a plan together for the April 7 work session with the commissioners.
April 25 is the date for first quarter sales tax report.
Whisenhunt and Beerbower want to have a conversation with Bailey about making the landfill its own entity in the future.
Manpower is down 3 at landfill due to internal movement and a retirement.
County Fees
Several department heads made reports to the commission of the fees they charge for the services they offer.
EMS director Terry Hallsey, County Appraiser Matt Quick, Sheriff Bill Martin, Public Works Eric Bailey, and the County Clerk’s and the Treasurer’s office all presented the commission with documents listing the fees they charge for services. Some of those fees are determined by state statute. The commissioners wanted an overview of the county’s fee schedule.
Animal Abuse and Animal Housing
Beerbower, plans to work with under-sheriff to find housing for animals involved in a criminal investigation.
Commissioner comments
Whisenhunt thanked everyone for coming to meetings and communicating with him as a county commissioner.
“I was sorry to see Mr. Kruger have to resign. I hope everything’s going okay.”
Beerbower moved to postpone the March 24 commissioner meeting due to a scheduling conflict and hold a regular meeting on March 31.
He then explained his actions from the previous meeting, saying that he has since learned that they probably didn’t need to have those 2 executive sessions. “My ignorance of the rules is no excuse.”
In order to be transparent, he explained that the first session was about pay for those who work during times when the courthouse is closed due to weather and rectifying their pay.
The second meeting dealt with policies regarding transfers and promotions and rate increases. He dad received complaints about the posting of positions in-house prior to hiring. The current handbook from 2022 is very vague about posting and “we are working on it.”
After discussion, Beerbower decided to instruct county employees and non-elected department heads to post all positions internally before promotions and transfers.
The commissioners then made Beerbower the liason for Freeman and the zoning board. Whisenhunt will be liason for county human resources. This is to take fill Kruger’s vacated place in those positions.
The north wing, east side of the Bourbon County Courthouse.
The commission conducted a shorter-than-usual meeting on March 10 to allow for time to have an open work session on the 2026 budget.
Commissioner David Beerbower questioned the wisdom of holding abbreviated meetings because the commission has so much business to cover. He then amended the meeting agenda to hold two executive sessions for non-elected personnel issues and add public comments after that.
The commission approved accounts payable, payroll, tax roll corrections, and the January financials.
Regional Planning Commission Appointee
Commissioner Leroy Kruger nominated Mary Wyatt as representative for the county on the Regional Planning Commission board. She also does this service for the city of Ft. Scott. He said Mr. Harrington is the current representative. Mary Wyatt pointed out to Kruger that the position is up for reappointment and asked for the position.
Beerbower and Whisenhunt wanted more time to look into it, so the issue was tabled until the next meeting.
Marion Township Clerk Approval
Kruger made motion to approve the appointment of Brent Smith as clerk for Marion township and it was approved unanimously.
The commission then went into their first executive session with Eric Bailey and Kevin Davidson, all three commissioners and the county clerk, Susan Walker.
They resumed normal session with action.
Commissioner Brandon Whisenhunt made the motion to pay the employees that were on duty during the snow storm for five hours of straight time additional pay during the time that the courthouse was closed. That include departments of Public Works, Sherriff’s Department, EMS, and Landfill. Motion carried unanimously.
A second executive session for 5 minutes with three commissioners was held, but the action wasn’t streamed to YouTube. Neither was the beginning of the public comments section.
Public Comments:
Michael Hoyt spoke to the commission about their budget work sessions.
“There’s only one person you have to listen to, and that’s the clerk,” he said.
Hoyt asked to be read in on the budget sessions, since they are open to the public. He wants access to the copy of the budget that the commissioners are looking at during the sessions. He said he would print off his own copies so as not to add to the county’s expense.
He also said that the department heads should sit on the front row in the county budget meetings to facilitate easier conversation with the commission.
Commissioner comments
Beerbower referred to the city press conference he planned to attend along with Kruger, and possibly Whisenhunt on March 11.
Kruger announced that the county will be moving the hospital equipment into the Public Works Department’s new building on March 11 to get it out of the hospital’s way to give the county time to set up for a professional auction to raise more funds for the county.
Whisenhunt had directions for the clerk to collect bids on courthouse repairs, roof bids on the annex and EMS building, and pest control bids.
“We also need to start putting out bids on all the county hay ground,” and look into trash service bid, he said.
Whisenhunt instructed the clerk to add fees on the next agenda, from the department heads. “Each department needs to come in,” either the heads or a designate from the department to the commissioner meeting.
Kruger still waiting on word from attornies before further action on zoning.
The meeting adjourned. After a brief break they started open work session on the 2026 budget.
The north wing, east side of the Bourbon County Courthouse.
Susan Walker, County Clerk, spent about an hour educating the commissioners and citizens in attendance about the county’s budget.
The first part of the meeting was not streamed to YouTube, so this report begins part way through her explanation of the county’s revenue sources.
The county’s income comes from taxes and fees for services from the county via the landfill, jail, sewer, etc.
Walker exhorted the commission to keep an eye on high-revenue generating areas to keep aware of potential fraud.
She explained various parts of the financial statements issued by clerk to commissioners every month, including bank and CD interest, warning then that if interest rates drop, cuts may be necessary.
She then gave a high overview and fund status report
“Please ask questions,” Walker reiterated throughout the talk.
“To apportion and order the levying of taxes,” is the legal requirement the commission must fulfill. Walker explained that it’s all up to the commission. They determine how much money goes to each departments. “You really are the keeper of the budget.”
The Kansas Department of Administration has workshops and information on budgeting for Kansas cities and counties. Walker recommended the all-day workshop to get full picture on budget law and legislative changes and the details of applying it to the county.
Budget law gives the counties expenditure authority on certain funds. “Without a budget, there is no authority to spend,” she said.
Department heads are legally required to come ask for more money or a budget increase if they need it. However, a department head is allowed to exceed his budget by the amount of his reimbursed expenses.
The county is required to abide by both budget law and cash law. Cash basis law is, “You can’t spend what you don’t have,” per Walker.
In order to know the funds they will have to work with, the commission needs the assessed valuations of properties in the county. However, those valuations won’t be available until June 15.
There are multiple taxing entities, including schools and townships, as well as the county, creating the citizens’ tax bills, though the county collects the taxes for distribution.
In 2024 $7.9 million in property tax was collected by Bourbon County.
The amount of property tax received goes up by about $197,000 per year on average due to the increase in assessed value, not to an increase in the tax rate. This is affected by the fluctuations in the housing market. “That is a session on it’s own!” said Walker.
“That won’t even cover a 1% raise for your employees,” said Walker. On average it’s a 2.96% increase in revenue for the county, but the costs of fuel, energy, insurance, and other items beyond the county’s control, consume the increased income.
School districts are levied a little bit differently. They usually receive about 20 mils, but the first $75,000 of the home’s assessed valuation is exempt.
Next budget steps:
Some things the county needs to work on are creating a five year capital plan and consolidating certain funds back to the general fund to stay aligned with state guidelines.
Whisenhunt suggested have department heads come to the commission meeting and pitch their budgets. He wants to start with the three biggest departments, which are the sheriff, public works, and EMS.
From the departments, for their meetings with the commission, Kruger wants to know of any major changes planned, and Beerbower wants four years of financial history, and the capitol outlays.
Walker said her job is to record the information to be put it into the budget. “I’m not going to be the one that is here making recommendations. I am here to take the information and put it into the budget.”
Walker referred to the examples of Riley County’s fund reserve policies, procurement policies, and procurement codes for federal and state grants, pointing out that the commission can use those as guides when adopting their own.
A purchase order system shows departments their encumbrances on finances so they don’t spend above their budgets. The county does not currently use a purchase order system.
Another item the commission needs to complete is the county salary schedule, which will determine where departments land in their budgets.
Taxes and health insurance come from the county’s employee benefit budget, not the departments.
An April 7 budget work session for roads has been scheduled.
Michael Hoyt asked about FEMA funds that are due to the county. Eric Bailey, public works administrator said he’s had an email saying they (FEMA) are actively working on everything sent to them. It will be summer before any funding will be giving back to the county.
“We’ll get more than what it truly cost us [to do the work],” said Walker, because the federal pay rate is higher than the pay rate in Kansas.
Hoyt also asked about the jail debt service and was told the county is on track for it to be done in 20 years.
Hospital Sales Tax is currently accumulating, awaiting two agreements from Freeman to release it, which Freeman says will be returned ASAP.
Outstanding bonds that the county has are the jail, landfill transfer station, and sewer. Sales tax will be collected until it’s paid off.
“I think there’s lots of room for improvement to really make this a conversation,” said Walker about the budget creating process.
The Bourbon County Commission covered a number of topics in their meeting on March 3, 2024.
The north wing, east side of the Bourbon County Courthouse.
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.
County Commissioners want to learn more before approving the 2024 inventory list and tax roll corrections.
The north wing, east side of the Bourbon County Courthouse.
After approval of payroll and accounts payable, commissioners voted to table the approval of the 2024 county inventory list. Commissioner Leroy Kruger said he wanted to understand it more fully before approving it. Commissioner David Beerbower mentioned he also had reservations
Regarding tax roll corrections, Commissioner Brandon Whisenhunt asked for an explanation.
Assistant County Clerk Jennifer Hawkins explained that the corrections are adjustments made to a person’s tax bill when they sell or in another way loose their property.
Kruger made a motion to table for time to look at it and the commission approved the motion.
Equitable Sharing Agreement report from Sheriff’s department
Sheriff Bill Martin answered the commissions questions about the agreement. He said that when his department conducts criminal investigations in conjunction with federal government agencies, it sometimes result in funds being confiscated, a portion of which come to the sheriff’s department. There are no such funds this year, but an annual report, approved by the commission, is still required.
Old Business
Work sessions and schedule change
Whisenhunt brought up his previous suggestion that the commission hold work sessions every other week following a short county commission meeting at the regular Monday time beginning March 10, 2025. They would hold regular meetings on the weeks in between.
Kruger was in favor as it would provide for the commission “to get caught up on where we want to be with all the things we want to accomplish.”
Hospital equipment disposal
Kruger met last Friday with Freeman and Nevada Regional Medical. “I got eyes on everything that’s going to be in the auction,” he said.
He has located an auctioneer to conduct the auction. Brian Allen, county employee, will do it free of charge. They are in the process of selecting the auction date, most likely a Friday or Saturday after Kruger has advertised it to area hospitals. Plans are to hold the auction in the hospital parking lot. Proceeds from sale need to go to a charity. Kruger advised commissioners to be thinking of what charity they would like it to go to.
Beerbower asked if other county equipment that needs to be disposed of will be included in the auction. Kruger said he thought adding those items would draw out the process, so they will be doing those at another time.
Public comments for items not on the agenda
Clint Walker spoke about a public forum held by officials from the state representative Rick James and state senator Time Shallenburger last Friday. Walker was embarrassed by the fact that no county representatives attended.
Whisenhunt responded, “You’re right. One of us should have been there.” He was unable to make it due to late notice and the need to work. Kruger also said he didn’t receive notice in time to attend.
Land Bank
Michael Hoyt spoke to the commission about the land bank, informing them that Mr. Tucker is now the chairman of the land bank and Heather Madison is the treasurer.
He said they are currently working on researching what it will take to clean up the tax sale process.
Whisenhunt asked what the land bank does with the land.
“It seems like all we do is mow it,” joke Hoyt. He then explained that the land bank offers it for sale to whomever wants to bid on it, usually with a quit claim deed. Sometimes they have warranty deeds that allows them to be sold for building on.
Kruger answered, “In short, they manage and maintain the sheriff’s sales properties until there’s a home found for them.”
“If we can get it cleaned up and figure out how we can go and get a quick claim deed converted to a warranty deed, then we’re golden,” said Hoyt.
March 17 will be the new date for the presentation from Christopher McElgunn, a lawyer who specializes in this area, to the land bank and those interested in learning more.
City commissioners are working to get the ordinance under which the land bank operates modified to allow Commissioner Beerbower to sit on the board as well.
New Business
Department Updates
Public Works Director Eric Bailey told the commission that the county is moving forward with bridge replacement at 60th and Grand, which requires the moving of an electric line. The line is owned by Heartland Electric, who has submitted a price of $19,000 to move 4 or 5 poles and the line. This utility moving is the county’s responsibility as part of the state grant they received for moving the bridge.
“So for about a, give or take, around $900,000 project, we’re going to be into it for about $100,000,” depending on how the bids come in Bailey said.
Money for the utility line moving is already budgeted, and requires commission approval. The public works department worked with Heartland Electric to get the price as low as they did.
The bridge moving project started end of August of 2023.
Beerbower told Bailey he did good job during last snow storm.
Bailey said of his crew, “They did an outstanding job.”
Zoning
Beerbower said that part of his campaign was that he would work on this, so he wanted to open the discussion.
Whisenhunt added that on either March 19 or 26, Eric with Advanced Power wants to have a meeting with the public.
The commission decided that Commissioner Kruger is to head up the zoning and special use permit research team, including any county personnel who can contribute. He has been asked for reports at county commission work sessions.
Fort Scott Area Chamber Membership Renewal
The commission has been members for more than 15 years, said Chamber President and CEO Lindsay Madison, when she spoke to the commission.
She said the chamber’s mission is to support commerce, build community, and promote spirit in Fort Scott and the surrounding area.
Commission approved the renewal at a cost of $340 for all three commissioners for the year.
Commissioner Comments
Beerbower suggested adding a slot for elected officials to the regular meeting agenda to open up that line of communication within the county.
Beerbower also mentioned the Facebook talk of animal control and the lack of it for the county he had seen. Based on research from a 2017 cost analysis from Pierce County it costs $2 million to run a county animal control with 12 employees and more if the county has a shelter.
“At this point, I’m not against it and I’m not for it either, because it’s costly,” he said.
Whisenhunt mentioned that they could check with the city of Fort Scott to see the cost of its animal control department.
“Please take what I’m about to say as learning for all of us and not as a slight towards any of us,” said Kruger. “We need to step up our game on communication.” He went on to say the commissioners should communicate with the county clerk about their official obligations so they don’t miss or double up on meetings outside of the regular business meeting.
Kruger also asked if any progress had been made about the current juvenile detention costs to the county.
Currently, “The juvenile would have to have committed a very serious crime,” said Sheriff Bill Martin, if he or she would be sent to the facility that the county pays for. He said that he is looking into a juvenile detention center in Johnson County for a pay-as-you-go system, rather than the current flat-rate-regardless-of-use system.
Sheriff Martin is in conversations with the director of juvenile justice for this area and plans to come to the commissioners with more information.
Solar Attorney
“We need to hire our solar attorney,” said Whisenhunt. “He will take care of the deal that went to court today and he will take care of all the solar negotiations for us.”
Beerbower made motion to hire him, mentioning the money that had been set aside for that purpose. The commission approved the motion.
At the end of the meeting a concerned citizen spoke up on issue of zoning, asking, “are we going to set up deliverables, milestones, on this?” Kruger replied it is too early in the process, and that they need more information before answering.
Citizen said he is worried their progress will stall. He then asked what tools the county would use to initiate these zonings.
Kruger replied, “I don’t want to infringe at all. I want to protect everybody,” and said the commission will present their conclusion to the public before voting.
Kruger also said the commission would be looking at several drafts before finding the right answer, and that would be a great time for the public to come in and have their say.
Beerbower is confident that Bob Johnson, the county attorney, will be a good resource to help, as he’s done it for several other counties.
The citizen thanked the commission for their transparency.
