All posts by Amy Thorpe

Whisenhunt Resigns from Bourbon County Commission

Brandon Whisenhunt, Submitted photo.

Commissioner Brandon Whisenhunt, District 1, resigned right after the opening prayer of the June 2 Bourbon County Commissioner meeting.

“It’s been a pleasure serving Bourbon County, but effective immediately, I’m resigning,” he said and left the meeting.

Commissioner David Beerbower said, “That’s unfortunate news. I don’t know what to say about it,” before moving on with the meeting.

County Clerk Susan Walker then read a statement saying she is “respectfully declining to perform the employee grievance process in the future due to continual interference in the most recent investigation I performed. I will share my findings with the county counselor and let him present them to the commission at a later date.”

Contractual Services for Municipalities

Commissioner Mika Milburn said she found Dr. Cohen in her search for help as a commissioner and asked him to talk to the commission about what his company does to serve counties and other municipalities.

Cohen has a consulting operation based in Kansas City that specializes in human resources. They serve several Kansas health departments, cities, counties, and ambulance districts as clients, and so are familiar with working with elected officials. They have submitted a proposal to Bourbon County to do HR systems work, including updating Bourbon County’s outdated job descriptions and policy manuals, as well as wage and salary development and implementing a performance appraisal process. As part of their services, they would assist in all investigations and examinations of allegations by employees or elected officials. They have an employee hotline for elected officials and employees to get real-time, effective guidance or recommendations. This is a step county personnel can take for assistance before choosing to call the Kansas Human Rights Commission. The company will also perform governance training and sexual harassment prevention training, reducing the county’s liability in the event of a case. Their objective is to protect the county and employees and to put would-be perpetrators on notice that sexual harassment won’t be tolerated. Cohen said his first priority is to protect the county and help it operate in a healthy way.

The proposal is for an all-inclusive fee. The county would be hiring a company, not an individual, with lots of experience in municipal settings.

“I think it’s really important that we do something, David. Take it very seriously, please,” said Milburn. She also said the fees Cohen’s company charges are “a fraction of what it would cost,” to hire a full time county HR person.

The commissioners put it on the agenda for the June 9 meeting.

Old Business
Department Updates
Susan Walker-Employee Benefits

Walker talked to the commissioners about raises given on May 27 that were “pretty significant” and impacts the budget, which she said requires some extensive discussion. The fund that the commissioners have charge of, which pays employee taxes will need to increase by at least $12,000 to finish the year, possibly more if the employees work overtime.

Sheriff Bill Martin and Officer Murphy, his advisor spoke to the commission about the situation. Murphy said his department lost two officers since the first of the year, and the current staffing shortage leaves money in payroll and benefits to cover the cost of the raises. He said there’s not a current need for a budget amendment.

He also said his department has lost 20 trained people, at a cost of $1 million dollars, over the last several years, because “we can’t pay enough…so we’ve got to get our starting wages up so we can get qualified people in the door.” The county needs to adjust to be somewhat comparable to other law enforcement in the region.

Past administration made a choice to use sales tax dollars to keep taxes down, said Walker, which affected the sheriff’s department as well as the rest of the county offices.

Commissioners decided to wait to see if a budget amendment would be needed in the future.

Brian Allen-Disaster Proclamation

Allen asked the commissioners to sign the disaster declaration from the storms of May 19. Road damage and other damages met the qualifying threshold. This will allow the county to submit it to the governor, so that if the governor declares a state of emergency, the county can benefit from it.

Allen also told the commission he wants to compile a list of those with safe spaces for tornado events so that first responders can use it to check on folks.

Eric Bailey – Public Works

The May 19 storm caused damage to several roads with washouts, as well as large trees down in the roads. Bailey encouraged county residents to let them know of roads that need his department’s attention.

Bailey said he’s been working with the motor grader operators on a plan to get the crowns back on the roads and lips to guide the water off the roads and into the ditches. This plan will take several weeks of dry weather to implement. Mowing has been delayed by water-filled ditches.

The Elm Creek Lake shelter houses and house have been roofed. Outhouses are under construction. Bailey gave credit to Todd Fox and his family, as well as county public works employees, for volunteering their time to work on the shelters.

Bailey said he had spoken with former commissioner Whisenhunt and Don George about applying for a grant for dam improvements at Elm Creek Lake. The phase two grant application is due June 16. He referenced suggestions of applying for a feasibility study to drain the lake and repair the valve box and the dam. The commissioners chose to wait for the safety study, which means they will probably miss the deadline of applying for the second phase of the grant this year.

A group called Kansa Bonanza is planning to come to Fort Scott this weekend. This group drives side-by-sides on the back roads, cleaning up trash. They have asked for a roll-off dumpster for the trash they will collect. The commission made a motion to approve that use.

Allen County landfill will shut down on days with high wind notifications, per the National Weather Service, because of the trash blowing away, which affects what Bourbon County will do with its trash.

May 20 Fort Scott City Commission Meeting Part 2

Fort Scott City Hall.

Action Items

Consideration of Small Business Grant Incentive Program

Mary Wyatt shared the first draft of the plan with the commission. These grants would be available to new and existing small businesses in Fort Scott. The commission would approve all grants, and funding would come from the city’s economic development fund. Grants will be in the amounts of $10,000 and $15,000.

Commissioner Dyllon Olson suggested including a cost-matching provision for new businesses.

The commission tabled the issue to allow time to adjust the grant requirements.

Phil Jackson spoke to the commission about the new hobby shop he is opening in two weeks. Hercules Hobby, 20 Scott Avenue, will offer autographed helmets, memorabilia, and cards of all types.

Consideration of Recommendation of Award for Fort Scott Runway Safety Area Grading & Lighting Project and Olsson Engineering Contract Approval

Brian Coomes, Olsson lead engineer, said the plan for the project is complete. It involves improving the runway and end identifier lights, and the turf around the runways.

The airport’s current lighting system is 30 years old, requires continual maintenance, and needs improvement.

Low bidder for the project is Strukle Electric Incorporated of Girard, KS. They do airport lighting work all over Kansas and Missouri.

The project will cost $1,410,000. Ninety-five percent of the funds will be covered by a federal grant, 5% by Fort Scott, which has money built up in the airport fund.

The commission approved the contract for the project to be done in 2026.

Consideration to increase Design Review Advisory Board from 5 to 7 members

Lisa Dillon told the commission that two more individuals wish to serve on the board, so the board is asking for an increase in the number of members allowed.

Mayor Timothy VanHoeke said they are trying to streamline all the processes. There is no requirement for the city to have a design review board. Historically, he has received complaints about the difficulties of working with the design advisory board.

Commissioner Matthew Wells said that if Fort Scott were to become a CLG (Certified Local Government) city, it would create a smoother operation.

VanHoeke asked them to watch the CLG work session from August 11, 2023 before getting too excited about becoming a CLG government.

The request was approved 3 two 2.

Consideration to Formally Adopt the Guidance Provided by the Kansas State Historic Preservation Office (SHPO) for the installation guidelines of murals in both the local and Federal Historic Districts of Fort Scott

Dillon spoke to the commission about including the local historic district in the mural guidelines, which currently only apply to the Federal historic district portion of the city.

There is no current permitting process in Fort Scott for murals.

Commissioners Tracy Dancer and Kathryn Salsbury want to get public feedback before making a decision.

City Manager Brad Matkin asked that the commissioners get opinions from a variety of citizens, not just those who live in the affected area.

VanHoeke suggested putting it on the City of Fort Scott Facebook page and including a map.

The issue was tabled.

Follow Up Discussion – Land Bank Restructuring

Matkin said it would be very beneficial for Lisa Dillon to manage the land bank, because she can work with codes and neighborhood development. This was a land bank action. No vote was needed.

Consideration of Vendor Application for City-Sponsored Events

Matkin submitted a sample application to the commission, saying the purpose is to ensure that food truck vendors have their tax ID numbers and insurance.

Dancer made a motion to require all out-of-town businesses coming to do business in Fort Scott to fill out the application. The commission passed the motion.

Wells then made the motion for all businesses within Fort Scott to register with the city. There will be no charge for this registry. This motion also passed.

 Adoption of Ordinance No. 3781 Amending Fireworks Sales Dates With Discussion to Further Amend Regarding Discharge of Fireworks Dates

Salsbury spoke to the commission about the policies of other cities and counties in the area, saying she wants to change the firing off dates to a shorter window within Fort Scott. She said this was to protect pets, people with PTSD, and others negatively affected by the loud noise.

VanHoeke doesn’t want to over-regulate. “I’d hate to see the window restricted,” in light of new businesses in the area that capitalize on fireworks, as well as allowing for the majority of citizens who want to celebrate with fireworks, he said.

The new sales dates for fireworks are expanded to June 20-July 7. Currently, fireworks are allowed to be fired from June 27 to July 5.

Salsbury’s motion to limit discharge dates to July 1-4, until 10 p.m. on July 1 and 2, and midnight on July 3 and 4 failed.

Wells moved to accept the ordinance with a change of dates for firing from June 27 to July 5, from 10a.m. to 10p.m. on the 27th to July 2, on the 3rd and 4th until 11:59p.m., and on the 5th from 10a.m. to 10p.m. to coincide with the city’s fireworks. The motion passed with a “no” from Salsbury.

Consideration for Final Acceptance of Corrective Action with Heck & Wicker – Horton St. & 6th St. Project

Wells, Jason Dickman, and the contractor walked the street and identified nine locations that need re-patched. If the fog seal issue continues to happen in other locations within the year, it’s under warranty and will be patched. Earl’s Engineering will oversee the current patching plan. These are the final corrective actions for the asphalt overlay.

The commission approved the steps, Wells voted no.

Reports and Comments

Dancer said, “I wanted to express my dismay” at getting the notice for the recent emergency meeting less than 3 hours ahead of time. He urged that the commission not hold emergency sessions without a true emergency, as they deprive citizens of the representation they deserve.

Wells, requested that CLG be put on the agenda for the next meeting, June 3.

VanHoeke, asked CLG meeting recording be sent out to the commission for review.

He also reminded citizens that if anyone plans on running for one of the open political offices coming up for election in November, June 2 is the cutoff date for registering with the county clerk.

Fort Scott City Commission Meeting Part 1

Fort Scott City Commissioners considered a sales tax ballot question and approved two planning commission cases in their May 20 meeting.

Fort Scott City Hall.

Consideration of Sales Tax Ballot Question

City manager Brad Matkin went over the details of the proposed question. The current half-cent sales tax implemented in 2022 expires next year. It is currently split: 90% to streets and 10% to parks.

The new option to reconfigure the tax distribution would send 80% to streets, 10% to parks and 10% to public safety (police and fire).

The commission discussed an increase to 1 cent, which would pay for the new firetrucks as well as allow for a potential lowering of the mill levy by 2 points.

Commissioner Matthew Wells said the city has a nine year plan in place for projects addressing the majority of the street issues in the city. “So we have a great opportunity before us as citizens to be able to do something to effect a great change in the drivability of our streets.”

He praised the work that Matkin and his teams have done in the past, including the increase in the size of the street department and equipment they have.

Wells pointed out that people visiting Fort Scott will be paying the sales tax, thus helping to repair the streets, as well as pay for park improvements, and vehicles for the fire and police departments, reducing the property tax burden for property owners in the city.

Commissioner Dyllon Olson said he preferred that the ballot question be worded to maintain the half-cent tax with the option to increase another half-cent if the renewal passes. This would be for 10 years.

The commission voted to table the question until they get the information needed from the county clerk’s office to confirm that the question can be asked in that way. A special meeting will be called once the information is acquired to finalize the ballot question.

Status of 118 E. Wall

The owner has not updated the city with any new information.

Repairs would cost at least $265,000.

Mayor Timothy VanHoeke said that the owner should be approached once more, and mentioned grant opportunities that could offset part of the cost of repairs.

Wells said doing the repairs would save the whole frontage.

The motion was passed to table the item until the June 3 meeting, before which time the city will inform the owner and require a response.

Public Hearings

Planning Commission Case No. 1049 – Conditional Use Permit for a Wireless Communication Facility

Curtis Holland, representative for Verizon and property owners Aaron and Mercedes Judy who own the land under discussion, presented to the commission.

Referring to an application to build a 184-foot tower that the city denied last year, Holland said, “We’re trying with this application to sort of reach a compromise with everybody.”

The current application is to move the tower from the location proposed last year to the northwest corner of the Judy property. The property is in the county, but the City of Fort Scott claims extra-territorial zoning jurisdiction.

The new location is 286 feet from the adjoining Merriman property. The Merriman’s protested the original site as being too close to their house. The proposed 50-by-50-foot tower site is set 284 feet back from their property line, but requires a deviation from the set-back code for the north and west property lines.

“From the beginning of this, I’ve meant no ill will to anybody,” said Aaron Judy.  He said that the tower will help the whole community by providing needed cell coverage to the area.

He also said that getting the city’s approval has been a very long process. “I feel like the goal posts have just kept being moved on me.”

Trichelle Michael, Tim Judy, and Steve Anthony all spoke to the commission in favor of the tower, saying it would provide a needed service to the community.

Julie Brown spoke against it, stressing safety concerns, particularly regarding lighting strikes that may cause fires. Amanda Johnson spoke against it as well, saying it’s unsafe. “If this tower goes up, it forces us to move,” she said. She’s also concerned about property values dropping due to proximity to the tower.

Matt Whitt said that those speaking against the cell tower proposal live in the area, while those in favor were asked to come speak in favor but don’t live in the area. He also questioned whether Verizon has proved the existence of the coverage gap or that the proposed tower is the least intrusive option to cover any gap there may be.

Commissioner Tracy Dancer asked about moving the tower to the center of the Judy property, which would move it out of the city’s jurisdiction, as it would be within the set-back code.

Holland said that would not satisfy any of those who spoke up in opposition to the tower, would make the tower more visible, as it would be removed from any tree screening, and could impact the Judy’s ability to develop their property in the future.

Olson said the real question is: “is it the cell tower or the property lines?” And does the city of Ft. Scott need to be sued over a variance.

Holland said he has multiple studies showing no negative impact on the property values of properties adjacent to a cell tower. He also said the tower would have lightning arresters that are grounded to prevent fire danger.

Commissioner Katheryn Salsbury asked about creating a cleared zone around the tower that could stop a fire. Holland said he believed Verizon would be willing to do that.

Olson moved to approve planning commission case number 1049 for the conditional use permit by Verizon Wireless. Dancer seconded. Olson, Salisbury, and Dancer voted yes, Wells abstained, VanHoeke voted no.

Planning Commission Case No. 1050 – Rezone R1 to C3 – 922 E. Wall for the Purpose of a Mechanic Shop

Garrett Knight wants to purchase a lot from the land bank and build a mechanic shop. Addressing concerns about cars being parked on Wall Street, he said the entrance to the shop will be on Little Street and parking will stay on the building site. He also plans to put in a privacy fence. He also asked for a variance to allow the building to be closer to the street than current code.

“It’s not a super-big space, but it’s what’s available and I’m trying to expand,” he said. He also has plans to obtain an adjacent lot in the future.

Andrew Miles, a friend of Knight, said he’s a clean worker, very efficient, and a very nice guy. He will provide a much-needed service to the community.

Olson said he wants to support dreamers and moved to approve the rezoning. Motion carried with Dancer and VanHoeke voting against.

County Commissioners Continue Landfill Debate

Tornado sirens interrupted in the first 5 minutes and the meeting was paused and most audience members and staff moved to safety until the sirens stopped. The pause lasted about 10 minutes.

Despite further sirens going off the commissioners opted to continue the meeting.

The north wing, east side of the Bourbon County Courthouse.

Public Hearing for Vacation of Road

Alley between lot 3 and lot 4 for the sublot of block 8 in Hiattville, KS.

No public comments were made.

The commission approved the resolution for the vacation of the road in Hiattville.

Old Business

Budget Reminder

Commissioner Mika Milburn addressed the elected officials and county department heads, reminding them to get their very detailed budgets in to the County Clerk’s office by June 1, and “be ready to defend your budget down to the dollar.”

Work Sessions Reminder

Both the June 16th separation of landfill and public works work session and the June 23 camera work session will be held after the regularly scheduled commission meetings on those dates.

Landfill Separation

Commissioner David Beerbower read a statement after apologizing to the chairman and members of the board as well as those in attendance at the May 12 meeting for his failure to follow Robert’s Rules of Order and the disrespect he presented towards the chairman in bringing his motion forward in that meeting. The heated discussion between himself and three citizens failed to allow Chairman Commissioner Brandon Whisenhunt control of the meeting at that time.

He brought the issue back up during the May 19 meeting because the motion he made to table it last week was based on incorrect information he received regarding an email about landfill rates. Regarding cost analysis he acknowledged the importance of the budget as well as services the county offers. Higher costs of operation in the future are a possibility.

He said that on its own, the landfill would be its own priority, giving it more attention than it has had historically. This isn’t about punishing anyone or saving money. The 2025 budget is set.

He again moved that the landfill department be separated from public works, that the landfill be increased by one employee from the current public works roster, that the equipment currently used at the landfill, including the dozer that is sometimes used elsewhere in the county, be placed under the control of the landfill supervisor; that the landfill will operate under the approved 2025 budget and public works will operate under their remaining department budget and that any revenue generated by the landfill must be presented to the commission before being used.

“There is a work session that you’ve told all these people is going to happen and now you’re trying it again,” said Milburn. She refused to discuss the issue with a second to Beerbower’s motion.

Whisenhunt seconded the motion.

Milburn then read a statement that included the statement that landfill employees have said they don’t want raises until they can prove that the landfill can make money. She is concerned with the cost of the change. “You could lower the budget if you didn’t do all these things.” It’s going to cost a secretary, a mechanic, and one more employee. “So we want to spoil this department and make sure they take all this money because it can generate revenue, when really we don’t have to do that?”

She then asked for public comments on the issue.

Whisenhunt reiterated that the  motion had been made and seconded before acknowledging an audience member that had been at the previous meeting.

Kevin Allen, who does a lot of hauling out to the landfill transfer station, included Clayton Miller whose family had been in trash hauling since 1987, and other local trash companies as people he was representing in his comments said, “There’s several of us that are really nervous as to where this would head.”

One of their concerns is the county looking at the transfer station [landfill] as a cash cow. He asked the commission if that was a correct assessment.

Beerbower said, “The only way the rates [for dumping at the transfer station] would be raised is if the rates are raised where we take it.”

Allen said he and the other trash haulers were excited about the commission having a work session that would compare numbers because of the potential to lower fees for county businesses who dump there if the numbers worked out, though he admitted that idea was “pie in the sky.”

Allen said that he and other trash haulers in the area are friends with the landfill employees and don’t want to create hostility with them by questioning practices at county meetings. “We don’t want to look at this as a big hostile environment either, and we’re not going to be treated any different than what we ever have been. I’m not going to allow that either.” He reminded the commission that they all are watching.

He said he would rather talk about this stuff with the commissioners outside of the meeting than have these kinds of discussions in a public forum, but his call wasn’t returned. Beerbower was recovering from surgery at the time of the call.

He asked them to do a P&L (profit and loss) analysis on the landfill for the last three years. Beerbower said he was willing to do that.

“You have a pretty luxurious way to run it because if at any given moment they need extra help, it’s a phone call away,” said Allen, when referring to the fact that the landfill transfer station is under the umbrella of the Public Works Department.

Whisenhunt said that the county charges $40 per ton for household trash, but then pays $33.70 per ton to dump it at the landfill in Allen County.

Whisenhunt also said that one of his goals for the county is to go beyond a transfer station and create a Bourbon County landfill.

Allen said, as a tax payer and business operator in Bourbon County, “I just want to be heard, I want to be respected…I don’t want to make hasty decisions…that’s why I’m here.” He then thanked the commission for listening.

Whisenhunt mentioned that he has regular, weekly conversations with the “county boss” who has said that the landfill is probably not ready yet to be apart from Public Works.

Milburn used information from Susan Walker, County Clerk, to say the county is spending more money by making this decision. She also had further information for Beerbower regarding non-elected personnel that would inform his decision.

They tabled the motion, then adjourned to a 10-minute executive session.

Jennifer Hawkins, Deputy County Clerk, then asked how the commission would handle the required $250,000 which the transfer station must have on hand by state mandate. Currently, Public Works has that money set aside in its budget. “That’s a significant chunk of Public Works’ budget that’s just in limbo that they can’t use to buy equipment or do any repairs or upgrades,” she said.

Allen spoke up and said that would be a great item to be worked over in a work session. Another audience member said he didn’t understand the rush and it looked to him like they were lying when the commission proposed a work session for June 16, but made a motion to go ahead with the separation today.

Johnson reminded the commission to follow the rules for a public meeting, but not a public forum.

Beerbower made the motion to withdraw his original motion to vote on the separation of the landfill from public works.

The Commission will not be meeting during Memorial Day week.

Public Comments for Items Not on the Agenda

Nick Graham addressed the commission, saying the last time he spoke with them was at the first meeting of the new commission in January. “That night I felt something I had not felt for a long time: hope.” He believed the toxicity he had seen pervading the county’s operations was coming to an end. However, he no longer believes that is the case. He says the county suffers from “grievance mentality.” He addressed the cause of Leroy Kruger’s resignation, saying he believed Kruger felt caught in the middle of the internal wars the various departments within the county have with each other.

He said he hates to bring this up with people he considers friends and has respect for, but he hates even more the fact that, “every time I encourage good people like Leroy and Dillon and Mika to serve this county it turns out that what I’m really asking them to do is jump head-first into a spirit-grinding toxic meat grinder. That has to stop. And now.”

FSCC asking for gravel

Milburn did the cost analysis and said it will cost the county $1305 to give FSCC the gravel they are requesting to improved the drive to the softball facilities being used for regional games. Bailey said he wouldn’t have time to do it if the storms increased the work the county needs to do on roads. She said it was at his discretion whether to do it or not and she wasn’t sure the county should spend the money, either. She didn’t want to tell him to do it in place of the work he needs to do on the roads.

Beerbower said he thinks that if Bailey can do it, he should do it. Whisenhunt said he already told Bailey to do it if he can.

Milburn said she wanted to see a motion to that effect. Whisenhunt made the motion, Milburn voted against, but it carried.

Dale Griffith

Griffith spoke to the commission, saying he’s seen a lot of talk that the county has paid a large amount due to non-representation of the board in litigation. As a tax payer, he asked why.

Johnson said they cannot speak about pending litigation.

Don George with Kansas Department of Wildlife and Parks

George asked the commission if they wanted to apply for further grants for repair of the Elm Creek Lake Dam.

Whisenhunt said he would get information on numbers from Bailey and get back to George.

Concerned Citizen

Another audience member spoke with the commission, saying he agreed with Nick Graham. He then thanked the commissioners for serving, acknowledging how hard their job is, and reminding them to do what’s best for the people who elected them. He encouraged them to hang in there despite the difficulties. “It’s not pretty, but it’s not meant to be pretty. It’s politics.” He reminded them to keep their heads up and do the best they could, saying that he and several other citizens he knows appreciate their service.

New Business

KCAMP Memorandum

The memorandum speaks to the need for replacing roofs on the county building. KCAMP inspect the facilities annually and submits their assessment. The information will need to be kept in mind as the commission makes their budgets.

Commissioner Comments

Mika Milburn; apologized for getting heated during the landfill discussion. She has spent several weeks talking to department head and elected officials in an effort to get acclimated to the county and find out where she can best serve.

“My opinion: there’s a lack of respect for the tax payer,” she said.

She isn’t aligning herself with any other elected offices, but seeks to represent the best interests of the county. She said that no one in the county employ deserves to be making “the most money.”

“There are men and women that sign up to defend our nation every day and they are signing up to serve. We all signed up to serve our county in a different capacity but want to set here and bicker about what we deserve. Well if you ask me, we all deserve to be elected out for our displeasing behavior that we subject our electorate to, and I don’t want to hear any more about it. Right now we have an economic crisis in our county. Let’s not forget that we all signed on to serve the people of Bourbon County and not ourselves. And if anyone chooses to stay the course and keep on, I’ll do nothing, because your choices are yours and they are not a reflection on me and mine,” she concluded.

With that, they voted to adjourn the meeting.

 

County Commissioners Discuss Zoning Forums and Animal Control

The Bourbon County Commission addressed restructuring county administration, animal control, and public forums on zoning in their meeting this week.

The north wing, east side of the Bourbon County Courthouse.

Old Business

Policy and Procedures

Letter Head

Commissioner Mika Milburn brought examples of letterheads made with a smaller font than the current letterhead for use on all official county documents to make them uniform. She proposed two letterheads for Bourbon County, one for books, cover pages, and official documents, and the other for documents that will have the larger letterhead style, where feasible. She instructed that the county keep its current letterhead with the font changed to match the new, smaller letterhead the board chose.

Milburn moved to approve the letterhead per KSA 19-2126. The commission approved.

Dump Fees for Employees

“So that’s complicated,” said Milburn.

Commissioner David Beerbower said he had received emails about the policy of allowing county employees to dump for free as it pertains to the IRS definition of fringe benefits. “I’m not even sure why this has become such an urgent topic,” he said. This benefit has been in place longer than any of the commissioners have been alive, since before the current county landfill started. “It’s always been kind of an unwritten rule, but in today’s society we can’t do that,” he said. He talked about the need to get numbers from payroll as well as other information.

“I think we need to table it and figure it out…There’s more benefits than just the dump fees that we got to figure out. There’s just a lot to consider,” said Commissioner Brandon Whisenhunt.

They tabled it until June 9.

Separation of Public Works and Landfill Departments

Beerbower said the original idea came from Whisenhunt and has been a part of the commissioner’s discussion for a number of months.

“The landfill has its own budget,” said Whisenhunt, of about $800,000 for 2025. “There’s not any reason why it can’t stand on its own, be its own budget item, have its own supervision. And then that person reports directly to the commission,” he said.

“What’s driving us to make this choice?” asked Milburn. She said she would like a risk assessment, benefit analysis, and cost analysis before making the decision to separate the landfill from the Public Works Department. Beerbower said they end up “spinning our tires” when trying to get a cost analysis, due to the cost of getting a cost analysis.

“2025 is the perfect way to go because in 2026 we go to five commissioners, so if this experiment does not work with the 2025 budget as it stands, we can reverse this,” said Beerbower.

“I’m not willing to experiment with taxpayer money,” said Milburn. Pointing out that “everything costs.”

Someone in the audience asked what the benefit of the restructuring would be. Beerbower said that restructuring is needed because the county needs change, as continuing to do things the way they always have will not lead to improvement. “The advantage of it is that they’re smaller, more workable departments,” Beerbower said. It will be more economical in the long run to streamline things. However, he did not have numbers to share to support his position.

“The people that I was trying to work with to develop an overall plan…nobody wants to work out a possibility of change…it’s all about protecting what they’ve got,” said Beerbower.

Another person asked what the benefit to the public would be of making this change.

Whisenhunt explained that the landfill, as a government entity, is not allowed to make a profit, but if they can lower operating costs, they can pass those savings on to customers in the form of lower rates or fewer tax dollars being spent to operate the landfill.

One audience member said that Bourbon County charges more than surrounding counties for waste disposal.

Haulers in attendance expressed concern about landfills in the area increasing their rates and suggested up-charging for non-local dumping, since local businesses are already supporting the county through their taxes. They also expressed concern about giving free dumping to county employees and charging everyone else extra to make up the difference.

“We’re not changing anything from the operational standpoint other than the supervision of it,” said Beerbower. “That’s not a good enough reason to separate it,” said Milburn.

“It’s about the money. I think we need to do a cost analysis on everything,” said Milburn, addressing the issue of restructuring county departments.

Jennifer Hawkins, Deputy Clerk, talked about the budget reports, showing all the money that’s come in and gone out of the various funds, including the landfill. The report shows that in 2025, the landfill has incurred $229,724 in expenses while bringing in $178,175 in revenue. Whisenhunt pointed out that the negative balance is in part due to the large building payment made at the first of the year. “It should start coming back,” he said.

Whisenhunt said his experience in the trash business has shown him how much money it could make if it was prioritized. “I work for the biggest trash company in the world…and I just see how trash can make money.” It has to go from being a second thought to make that profit.

Whisenhunt made a motion that the county separate them but didn’t get seconded.

The commission voted to table the issue to June 16 to allow time to find and crunch the numbers to support their disparate claims.

Beerbower invited the vocal audience members to come back June 16 when the item will be brought up again.

New Business

Animal Control

The commissioners spoke over the phone with Ealyn Taylor about animal control issues in the county. She said she was coming to them on behalf of animals being dumped in the county. For the last three years, she’s been picking up, vetting, and re-homing animals dumped in the county. The change to the city’s animal control laws has led to an excessive amount of dumping, especially in the last two years. She’s at capacity and needs help or land to be able to keep doing the work she’s been doing. She asked the county if there is any land available to start housing animals that are being dumped.

“I do anything that I possibly can for the community as far as the animals go, but I’m at the point where I need some help on getting them some sort of temporary housing,” she said. The shelter here is a kill shelter, and she’s trying to keep the animals from dying.

“I have a plan for a self-sustaining sanctuary. I’ve been looking for acreage,” said Taylor.

Beerbower said The first step in this process is looking at the list of land that Bourbon County owns and then start chipping away at the process, including the legal ramifications.  Taylor said she would apply for non-profit status if the county could offer her land for this purpose.

“I know we all care,” said Beerbower. Hopefully, others will get involved and offer assistance.

“I need a little boost up in the right direction from the community,” said Taylor, thanking the commissioners for their help.

Zoning Advisory Board

The citizen zoning advisory board is planning three public forums scheduled for May 14 at 6 p.m. in Uniontown, May 20, 6 p.m. in Fulton, May 21, 6 p.m. at Memorial Hall in Fort Scott.

Beerbower moved to extend the board’s deadline for presenting recommendations to the county commission to Monday, June 9, to allow them time to meet again after the public forums.

He also explained the board’s decision not to post their meetings to YouTube. The meetings are open to the public, which is all that is required by state statutes.

Freeman Timeline Extension

Freeman has asked to extend their deadline for opening the Emergency Room from June to September 1, 2025. Part of the reason is getting it up to the new ADA codes, particularly the fire monitoring equipment. The company that does that is backlogged.

Whisenhunt moved that the chairman sign the extension, and the commission approved.

County Cameras

The commission spoke with Public Works Director Eric Bailey and Brian Murphy, Advisory Deputy to the Sheriff’s Department about the cameras used throughout county facilities.

The purpose of the cameras is for supervisors to be able to monitor their departments when not on site, said Milburn.

Murphy advised that the county be sure supervisors can access the footage of their own department only for monitoring when they are off-site.

Beerbower expressed concern that the proper chain of evidence of footage be maintained in case of criminal activity being caught on camera.

Beerbower moved that all camera systems be placed under the operational control of the sheriff’s department and transfer all equipment and programs to be housed independently at the sheriff’s office. The motion died for lack of second.

Milburn moved to bring the discussion to a county work-session for further discussion on June 23.

Commissioner Comments

Milburn asked that commissioners not introduce motions in the commissioners’ comments section of the meeting, but add them to the agenda in the business section. She also apologized for the lengthy meeting at the beginning of her time in office and said she will make an effort not to overload the agenda in the future.

Whisenhunt agreed with Milburn. He said it’s important for the commissioners to be transparent with one another through the meeting agenda process, since they aren’t permitted to talk to one another outside of the meetings themselves.

Beerbower spoke of the election to add three new commissioners, saying that currently one candidate for District 4 and no candidates for District 5 have filed. The deadline to file is noon on June 2. He expressed concern that there be candidates for those seats. He was advised that many people wait to file for election until the last minute.

Whisenhunt said in his radio address he will mention the need for nurses and support staff at Freeman Hospital.

Sales Tax Question, Park Improvements Discussed in May 6 City Commission Meeting

Fort Scott City Hall.

Disc golf, sales tax, and fireworks were all dealt with at the May 6, Fort Scott City Commission Meeting.

Appearances

Parks Advisory Board, Purchase of Disc Golf Baskets

Danny Craig spoke to the commission about the Parks Advisory Board’s decision to purchase a new set of disc golf baskets. “The more baskets we have the more people we can have for our tournaments,” he said. By having 36 baskets the parks can facilitate 180 tournament players.

The baskets with numbers and columns will cost $9,100. The plan is to add 18 new baskets to Gunn Park with the option to move them to other locations such as Riverwalk Park of Fort Scott Community College for tournaments. Gunn Park has two to three placements for each basket. The new baskets have more chains and catch discs easier than the old baskets.

“It is impressive how many people are playing at Gunn Park,” said Commissioner Dyllon Olson. Craig noted that it’s a growing sport in the area.

City Manager Brad Matkin asked if he would consider placing them permanently at Fort Scott Community College. Craig said he would.

The commission approved the purchase.

Jake’s Fireworks Sales

Marcus Shearhart, regional building manager for Jake’s Fireworks in Kansas asked that the city adapt to the state law for fireworks selling season, which is June 20 to July 7. Current selling dates in Ft. Scott are June 27 to July 5. Jake’s Fireworks has purchased the old Walgreens building, where they are currently selling Memorial Day Flowers.  Next they will sell fireworks. Starting August 1, they will convert to Jumpy Jumpland, an inflatables park. Jake’s Fireworks has also purchased the old Taco Tico and will bring in a Quick Sip coffee shop. They also have plans for the old Pizza Hut building.

The commission voted to amend the current ordinance to match the state’s dates. Shooting dates remain unchanged.

GAAP Audit, tabled from 4/15/2025

Ben Hart talked to the commission about the meaning of switching over to a GAAP (Generally Accepted Accounting Principles) system. GAAP are adopted nationwide, but the state of Kansas has decided that some cities and counties didn’t need to adopt them because of cost of changing over. Other cities in the state go by Kansas Municiple Audit Accounting Guide (KMAAG).

He gave the commission a three-page memo on the subject, as they had voted in an early meeting to switch over to the GAAP system in 2025, and he wanted them to understand the potential cost.

Mayor Timothy Van Hoeke asked Hart to give his professional estimate of the cost to the city to move to the GAAP system. Hart answered it would be at least $100,000 the first year, and the ongoing annual cost will be anywhere from $60,000 to $80,000 more than currently paying. The main reason for the increase is the people that would have to be hired to write up the financials and do asset assessments. The city would need to have permanent staffing to facilitate it. Currently, they only do cash basis and statutory audits.

Hart said that he was not asking for a decision tonight, but giving information. It will require budget amendments to pay for the new hires, and this is not an easy decision to reverse.

Matkin asked about the benefits of choosing GAAP versus KMAG. Hart said that GAAP is of more benefit to entities that issue a lot of debt, which Fort Scott does not do.

The commission decided to have the financial staff bring back a waiver to not go with GAAP and to address it in the next budget meeting

“I would like to see the city do a GAAP, but not for that cost,” said Olson.

Unfinished Business

Pumper Truck Purchase tabled from 4/15/2025

The commission approved the purchase of the Spartan, top-mount pumper truck for $784,702.

New Business

Public Hearing: CDBG Grant from Memorial Hall

Kylie Moore, grant specialist, said she’s hopeful they will be awarded the grant this year, as there’s more funding this round than there was last year.

The grant would be used to replace windows, restore masonry and mortar, and repair the northeast corner of the building. Some of which was damaged by water infiltration. The total cost estimate for the project is $766,484 and the city would match the grant at $184,282.

The application will be submitted on May 21, and results will be available two to three weeks after submission.

The commission approved going after the grant.

Request to Vacate Alley and Street at 123 McCleverty Street

The commission denied this request when it was first presented, However, the owner, Alyssa Green, says the information was incorrect at the original hearing and asked to present accurate information.

Mr. Williams spoke to the commission on Green’s behalf. Williams claimed that Second Street runs through Green’s house, and the alley intersects a building. He also said that Second Street ended at Lincoln and wasn’t plotted to go further in 1857.

Commissioner Matthew Wells and Olson both said that the city was plotted to have Second Street run all the way through. This issue is common in Fort Scott. Wells expressed concern that the precedent set by this would send landowners the message that if they build on city property, the city will give them the land.

Williams said that the city should not have allowed a building permit to build homes on city land.

Wells said that the city is following a rule of not choosing to vacate properties in this situation. He also said it’s incumbent on the property owner to do a survey to determine where the city’s property lines and easements are.

Matkin suggested offering Green the piece that part of her house rests on in exchange for her giving another piece of her property to the city.

Van Hoeke suggested that realtors in the area shouldn’t tell prospective buyers that getting the city to vacate property in dispute is to be expected.

Commissioner Tracy Dancer proposed that the engineer and the city attorney work out a land swap pursuant to a survey paid for by the owner or any agent of the owner. Motion carried.

“Rather than just saying ‘no,’ we’re giving you an opportunity to work this out,” said Van Hoeke.

Action items

Consideration of bid for CDs for wastewater, $2,000,000

The commission approved putting $2,000,000 from the wastewater fund into a CD at UMB Bank at the rate of 3.85%.

Consideration of Sales Tax Ballot Question

City Manager Brad Matkin spoke to the commission about the vote for the half-cent sales tax coming up this year. They need to make a decision at their May 20th meeting to get the question onto the ballot in time.  Of the current half-cent tax, 90% is paid to streets, 10% to parks and community facilities. Matkin suggested a couple of possibilities, including staying at a half-cent and sending 80% to streets, 10% to public safety, and 10% to parks. This would help pay for the new pumper truck while not taking much from streets. Another option is to increase the tax to one cent, giving 85% to streets, 5% to parks, and 10% to public safety.

“We want to make sure we’re doing the best we can with the funds we’re getting. One thing to remember, sales tax comes from everyone,” said Matkin, including out-of-town visitors. Without the sales tax, a property tax increase may be needed, which would only be paid by residents. Raising the sales tax could allow for a reduction in property taxes.

Olson asked if the reduction in the amount going to the streets would affect the city’s ability to get planned future projects done. Matkin said that the city is doing more in-house work and has more equipment now than in the past, which will allow them to do the street projects for less.

Matkin suggested that the ballot question be to approve a 10-year tax. He also recommended having two or three town halls before the vote to explain it to the public and answer questions.

VanHoeke suggested that the commission take the information home and think it over for a vote next meeting. The commission voted to do so.

Consideration of Gunn Park Shelter Three Improvements

Brad Matkin said the only bid for repairs that the city received was for $55,000. This would be to repair masonry and wood elements of the shelter and would come from the parks sales tax fund. This shelter is one that the city rents out.

Consideration of 2025 Hay Rights Bids

The bid for haying at the airport went to Tip and T Cattle for $9,000.

Discussion of revamping land bank program

Brad Matkin said the land bank would like to have the city’s Housing and Revitalization coordinator take over management. She will help clean titles and coordinate neighborhood revitalization with the land bank properties. She deals with land bank issues daily. It would fit right into her job scheme and allow the city to keep the current funds for management.

VanHoeke asked Bob Farmer, city counsel, to look at the ordinances and make sure they can do that.

“It’ll make the whole process a lot smoother and allow us to coordinate things better with the city and the contractors moving forward,” said Wells.

Consideration of Use of Law Firm for Land Bank

Wells said that the land bank wants a Memo Of Understanding (MOU) with the attorney that Bourbon County will be using for its sheriff’s sale so that he can clear property titles as needed.

Motion carried with “no”s from Dancer and Olson.

Request to pay Heck & Wicker Inc. for Horton Street and Sixth Street Improvements $422, 022.76

Mr. Dickman, engineer, said that inspection shows that every item billed has been completed. The striping is still to be done.

Wells was very displeased with the asphalting job. “That road should have been done right. It should have been done according to specs.”

Wells moved to litigate for having the road re-done. Dancer and Wells voted yes, but the other commissioners voted it down.

Olson moved to pay it, but it didn’t pass. Salsbury, Wells, and Dancer voted against paying it.

Dickman will start the process with H&W to have unsatisfactory items repaired.

Consideration proposal for East National Project Design

Tabled until next meeting.

Reports and Comments

City Manager Brad Matkin

Hometown Parking Lot south of Hometown Pub has one more pour and they hope to finish it this week. It should be a 30-spot lot.

Sixth and Main Intersection is scheduled to be concreted by the end of May as well as the First Street Parking Lot, weather permitting.

The Eddie Street project is next in line. The water department will be doing the waterline project between 8th and 9th street after school is out at the end of May.

Moody Building update: There is a permit, but no work has been done in the last two weeks. Matkin hopes for more info on that by the next commission meeting.

“Things are going good in Fort Scott,” said Matkin. He mentioned the successful First Friday for May. The next one will be in August, as Good Old Days and Fourth of July will be at the beginnings of the next two months.

May 17, a Luau and opening of splash pad with sno cones and bands is planned. The Aquatic Center opens Memorial Day, May 26.

Farmers Market started May 3 and will continue on Saturdays from 8-12 and Tuesdays 4-6.

Commissioner Kathryn Salsbury asked to add to the next meeting agenda revisiting the idea of making the window when fireworks are allowed to set of fireworks shorter. She expressed concerned for veterans, pets, victims of domestic violence, and autistic kids.

Wells mentioned that St. Andrew’s Episcopal Church will host a melodrama during the Good Old Days Festival this year.

Olson said he is pleased will the filling of businesses in town. “Fort Scott’s not dying.” He thanked city manager and his various crews for what they do for the city. He also expressed gratitude for the other commissioners and the progress he sees.

County Commissioners discuss restructuring county departments

County Commissioners began discussions to restructure those departments within the county that the commission is over. They also ordered a safety study for the Elm Creek Lake Dam.

The north wing, east side of the Bourbon County Courthouse.

Old Business

Policy and procedures

Commissioner Mika Milburn talked about the need for an interim reference addendum to the county’s 2002 policy book as the commission revisits and revises it. She suggested assigning reference numbers to the forms and procedures as they make or revise them for easy reference during revision and in the final product.

County Clerk Susan Walker has started adding reference numbers to forms as they are being amended. She has also requested an administrative procedure book separate from the original policy and procedure book. Commissioner David Beerbower agreed.

Per the commission’s decision in the April 28 meeting, the road closure request form now has relevant statutes on the back, instructions for accurately filling out the form, and includes the proviso that those applying for road closures pay the county’s administrative costs to close the road.

An audience member expressed that requiring a citizen to pay for administrative costs of road closures seemed unfair in light of the taxes paid by citizens for the maintenance of that road.

The commission approved Resolution 1625 to update the road closure form and costs.

Resolution for waiving landfill fees for cities of fewer than 400

Beerbower expressed concern that the reduction in landfill fees will reduce income for the Public Works Department. However, he’s okay with giving the break to cities that do the demolition themselves.

“I’d rather all of the garbage be in one spot than all over the county, personally,” said Milburn. She sees this an opportunity to help build and grow in the county.

Public Works Director Eric Bailey said there’s been inconsistent charges to municipalities for construction and demolition waste in the past. He recommended charging for C&D because of the work it requires.

Commissioner Brandon Whisenhunt moved to approve the resolution. Milburn and Whisenhunt voted “yes,” Beerbower voted “no.”

Set public hearing for vacation of road for May 19, 2025 at 5:35pm

The road for the hearing is the alley in between lots 3 and 4 of sub of lot one block eight in Hyattville.

Budget Work Session Update

Milburn wanted to put out a reminder that the commission has requested each department’s detailed budget be submitted to the commission by June 1, 2025.

Work Comp Procedures and Benefits

Beerbower spoke of changes he is proposing to the way the county handles Workman’s Comp. He said the purpose of Workman’s Comp is to protect employees from financial hardship due to injury on the job. With added medical expenses costs amount to more than the 66.67% that comp provides to an employee. In light of the impact on the employee’s inability to work and possible need for care causing their spouse to be unable to work, Beerbower believes there should be changes.

His suggested changes state that any employee injured on the job will be placed on administrative leave until their status is determined, with pay. If placed on workman’s comp, they will remain on administrative leave with 50% pay and remain in that status until released from workman’s comp.

County Counselor Bob Johnson cautioned that it would be wise to run this change by the county’s insurance provider to be sure that if the county has a policy to continue to pay an employee it won’t affect their workman’s comp benefits.

The commission chose to table it until the May 12 meeting to gather more information.

Human Resources

Bob Johnson, county counsel, said most counties don’t have human resources, but it runs through the clerk’s office and then goes to the county counsel if needed. Regarding grievances, he said he would be glad to assist. He also referred to the handbook as the main source of information and guidance.

He offered to talk to Susan’s office to help them make a plan for how to handle employee grievances and infractions in the future.

Milburn expressed concern about a conflict of interest in using the clerk’s office as the county’s HR resource. Johnson agreed, saying she was right and that he would be glad to help.

Hiring for a Floater Position

Milburn said the commission allocated $13,000 at the last meeting for a floater position to help in various offices and report directly to the commission. As it is the county’s policy to hire from within whenever appropriate and possible, she moved to hire Jennifer Hawkins for the position.

The commission approved the motion.

News Business

Kansas Department of Wildlife and Parks

Don George with KDWP spoke to the commissioner about the $40,000 grant from his department that the county received to help with the dam at Elm Creek.

George recommended that the commission renew its current grant, which has expired. The project has been ongoing since August of 2021, but it is much more extensive than a $40,000 project. The grant is a 25/75 split, committing the county to pay 75% of the costs of dam repairs. However, George said they could apply for a phase II grant of another $40,000.

Milburn expressed concern that the project would end up being much more extensive than currently projected.

Eric Bailey suggested they look at minutes from previous commission’s discussion to see if they made any decisions about it.

He also spoke to Frank Young from  AG Engineering today, who strongly encouraged the commission to do a safety inspection on the dam to give them recommendations on all that they notice out there. The inspection will cost the county $3000 and has at least a 60 day wait.

Bailey strongly encouraged an inspection and George agreed. Bailey said they know of 3 areas where water is getting through and a valve that needs to be dealt with.

Whisenhunt said he is on a hunt for other money to help with the lake.

The dam was a WPA project and has historical value, said George.

Milburn asked who the county had that could go look for grants. But there’s not currently an economic development resource for the county.

The commission approved motions to extend the grant application and to hire Ag Engineering to do a safety inspection of the dam.

Hard Surface Roads and Bridge Repair Request

Eric Bailey, public works director, spoke to the commission about Uniontown Maple Road connecting a county road to a highway, which will be done later this year as the funds become available.

Yale Road is a priority for his department this year.

The commission approved the current hard surface plan and asked Bailey to come with to the commission with any changes.

Bridge

It’s time to apply for grants for bridges. This year’s bridge is on Jayhawk between 195th and 205th. “It really needs to be replaced,” said Bailey. It would be a project similar to the one at 60th and Grand.

The current estimated cost is $889,127, with the cost to the county being around $85,000. May 23 is the deadline to apply for the 90/10 grant, with the state paying 90 and the county paying the 10 percent.

In the past the county set aside money from a previous FEMA declaration to pay its portion of the bridge replacement costs. When Bailey took over, the county had about $300,000 set aside for that use. A good deal of that was used up with the flood of 2024, but they are expecting a reimbursement from FEMA.

The commission moved that Bailey apply for the grant.

Elm Creek Shelter House #2 has the roof off for replacement, and two large trees near it had to be taken down.

The commission approved the culvert requests.

Adopt a Countywide Letterhead

Milburn suggested that the commissioners bring examples of letterheads for them to choose from.

“Things are changing so we need to change our logo,” said Whisenhunt. He suggested having a school competition at the start of the 2025-26 school year for students to design a new logo for the county.

Dump Fees for Employees

Milburn moved to end the perk of no dump fees for county employees because of complaints she had received from more than one person.

Beerbower wants to deal with the inconsistency issues but keep the benefit for county employees.

Whisenhunt said that if they are going to run it as a benefit, they should figure out what it’s costing the county.

The motion failed for lack of a second, and the issue was tabled for discussion at the next commission meeting.

Bourbon County Mission Statement

Milburn said, “I think we need a mission statement.” Beerbower agreed, and the commissioners agreed to bring it back up on June 2.

Commissioner Comments

Beerbower announced that due to surgery, he will be unavailable after the 13th for a couple of weeks and needs a commissioner to attend the zoning committee meeting on May 14th.

Beerbower then spoke of the changes the commission has been working on, particularly in how the county does its work. He said he believes it’s time to start restructuring some of the departments that the commission oversees. He moved to separate the landfill from public works, using revenues generated by the landfill to offset their budget. The landfill is vital to the community, he said, “I believe they will benefit more from having their own supervision and answering directly to the commission.”

Milburn said she thought separating that would cause additional cost to the county in the form of hiring a director.

Beerbower said that he had reservations about the seperation when it was first proposed, but now believes it’s the right move.

Milburn suggested that they let Johnson help with the personnel issues and wait until they get to the budget talks to do anything further. She wants to see all the restructuring as a whole rather than starting on it piecemeal.

Whisenhunt believes restructuring is also in order, but the problem is that they have a building they need to pay for. The need to crunch the numbers is the only reason Whisenhunt didn’t second it so the motion died.

Milburn then moved to table the discussion and to look at the restructuring as a whole.

The motion carried.

Milburn thanked the cooperating agencies that have kept on through the years advocating for the community, particularly George with KDWP.  She also thanked Johnson for offering to help with the HR issues and Greg Motley for his help with the budget meetings.

“I am committed to improving and becoming more proficient,” she said.

“I want to thank you [Milburn] for jumping right in and taking the bull by the horns,” said Whisenhunt. He also thanked the citizens who speak up and tell the commission what they think.

Laura, the register of deeds, is fighting pneumonia. Whisenhunt asked that we please pray for her. She is a vital part of the county.

Bourbon County Commission Meeting, April 28, 2025

The north wing, east side of the Bourbon County Courthouse.

Susan Walker, County Clerk, spent the first several minutes of the meeting bringing new District 3 Commissioner Mika Milburn and the other commissioners up to speed on the county’s quarterly financial report.

Last year, the county saw a major dip in sales tax from $1.6 to $1.2 million, which affected the county’s ability to deal with hard surface roads.

Commissioners approved the quarterly financial report for publication.

Pest Control Bid Opening, 3 year

Quality Pest Control Inc. Bid a $375 initial service charge and monthly service for $375.

Ashcraft Pest Control, bid a 3 year contract for $500.

PestX Solutions, the county’s current vendor, bid $310 per month.

Milburn expressed desire to be transparent with county business and give local business owners an opportunity to bid on county contracts.

Commissioner David Beerbower said he favored the Ashcraft bid because it was local. Milburn said that while she favored local, she wanted to be careful not to set an unwise precedent, because it’s not her money being spent.

The commissioner unanimously approved the Ashcraft Pest Control bid.

Trash Service Bid Opening, 3 year

Lynn Sanitation bid $470 per month, no additional fees, no yearly increase.

WCA out of Missouri bid $440.30 with a 7% annual increase possible.

Commissioner Brandon Whisenhunt made motion to hire Lynn Sanitation and the commission approved it.

Executive session for employee performance

Resumed normal session with action

Milburn made motion to move $6,500 from the commission fund to the clerk to cover the funds needed for Resolution 1425, adopted by the commission earlier this year.

Milburn also moved to create a floater position to help around the courthouse through October and to post the job opening. Commission approved both motions.

Old Business

Policies and Procedures

Milburn moved to adopt the employee procedures for deviation and the deviation form that goes with it as an addendum to the employee handbook. Walker will prepare the resolution for the next commission meeting.

City of Fulton request for reduced landfill rates on condemned house debris

Fulton has 6-8 city-condemned houses, some falling in and some with unreachable owners.

Milburn recommended the commission adopt a resolution allowing Bourbon County cities with populations of less than 400 to bring construction and demolition waste to the landfill for $0 for the gratification of Bourbon County. This is for buildings or structures condemned by the city, not individuals.

Beerbower asked to table it for a week to have time to study the issue.

Work Comp Procedures and Benefits

Walker said that the county’s procedures for work comp are in the handbook. The first seven days is not covered, but it can be in severe instances. When an individual takes insurance that is voluntary, they are expected to pay it. With work comp, no taxes are taken out, so the person is made whole.

Sick leave can be used whether injury happens on or off the job. If a county employee feels that their situation is not covered by the employee handbook, they can file a deviation form and come speak to the commission in executive session about their situation.

Beerbower asked that they bring it back next week for further discussion.

Road Closure Application

Milburn moved to publish the road closure with GIS location to the official Bourbon County social media page, local news and certified mailings where appropriate so the commission can take into account any disputes before the meeting in two weeks. Commission approved.

Milburn also moved to create a resolution to require those who petition for road closures to cover the cost of the administrative functions of that road closure, including but not limited to newspaper publications and certified mailings because they are gaining a piece of property through that action.

Walker offered to check the state statutes about fees the county is allowed to charge and apply it to the resolution before bringing it to the next meeting. Commission approved.

Human Resources

Beerbower took Kruger’s position as commissioner liaison for human resources. His role was to be the disciplinary portion of a Human Resources position. The rest of the county’s HR needs are handled by the clerk’s office. Commissioners mentioned needing an actual HR person.

They decided to gather more information and discuss again next week.

Sheriff Vehicle request

Beerbower moved to fund the vehicle replacement costing $66,914 out of the general fund to be partially reimbursed by the insurance payment when it arrives.

Walker suggested paying for it from the jail sales tax fund, which is used to pay for other vehicles and which has a bit of a surplus right now. She said that the general fund doesn’t have a lot of money, and there’s no extra money setting there at this time.

Brian Murphy, deputy and advisor for the sheriff, said that the jail funding isn’t reliable. Murphy’s opinion says the money needs to be set aside in case of a problem at the jail.

Whisenhunt amended the motion to  take the funds from the jail sales tax fund and the motion carried.

Budget

Walker gave the commissioners a list of those county officials and department heads who must come to speak to the commission regarding budget matters as the commission prepared the 2026 budget. She said they are running out of time to complete the work needed before June 15, when they get their tax numbers. They need to have the budget ready for those numbers by June 15 so that Walker can plug them in and the commission make any necessary changes to complete a budget by July 20, which is the legal deadline.

Walker said not to base the budget on the tax numbers, but on what the various department heads request in their budgets.

Milburn moved for a budget work session for Wednesday, April 30 at 4 p.m. to include Greg Motley as an advisor, as well as Susan Walker.

The commissioners set the date of June 1 to have department heads turn in their budgets to Susan Walker.

Whisenhunt made the motion to that affect and the commission approved it.

New District 3 Commissioner joins April 21 Bourbon County Commission meeting

The north wing, east side of the Bourbon County Courthouse.

Mika Milburn-Kee attended her first regular Bourbon County Commission meeting as the newly appointed commissioner for District 3.

The zoning public hearing process was discussed. Commissioner David Beerbower said that the first zoning advisory committee meeting had been held on April 17 where the committee elected their chairperson and other officers. They also adopted bylaws that include having one commissioner present at meetings to serve as a resource. Beerbower said the commissioners could take turns doing that.

The zoning advisory committee has expressed an interest in hosting several public hearings and will announce the dates for those as they are finalized. The next committee meeting will be Wednesday, April 23 at 6:30 in the county courthouse commissioner room.

Public Comments for Items Not on the Agenda

Larry Paddock for the city of Fulton, came to ask the commission if the city could bring rubble from a condemned and torn down building to the county landfill at a reduced rate.

The commission chose to add the issue to next week’s agenda to allow time to discuss the matter with the landfill and public works supervisor.

Bob Reed, a 15-year Bourbon County employee, came to talk to the commission about how they will handle injuries at work. He was in a serious work injury on March 10 and he asked the commissioners to consider changing the way they handle sick time and vacation time for injured employees.

“Our vacation and sick time is earned,” so we have the right to decide how it’s used, he said. “We shouldn’t be forced to use it on a work-related injury.”

He also expressed concern about insurance issues for future employees who get injured.

Whisenhunt and Beerbower thanked Reed for sharing and offered to look into it and see what they can do.

New Business

Road Closure Application: Bradley Plaster

Plaster asked that the alley between lots 3 and 4 off Dragon Road in Hyattville, which is unincorporated, be closed. He had signatures from the two other affected land owners also asking for the closure. The road, in district 2, is not even graveled and is overgrown with trees.

Beerbower will confirm that it is county property and the commission will make a decision at next week’s meeting.

Human Resources Discussion

Beerbower moved to table it until they could have the County Clerk, Susan Walker, present at the meeting to enable discussion.

Procedures

Commissioner Milburn wants to smooth out county operations and has made notes and adjustments to the current county handbook, which is more than 20 years old. She said the purpose of this work is to “establish procedures to implement a corrective action plan and personal improvement plan to assist in our expectations of employment with the goal of being transparent, consistent with expectations, and improving the overall function with a supportive approach.”

Milburn asked the other commissioners for edits, changes, corrections and additions to the handbook. Beerbower offered a work session to combine Milburn’s work with the work done earlier this year by the department heads on employee procedures.

“That’s good. Hit the ground running,” said Whisenhunt of Milburn’s work.

He made the motion to keep “Procedures” on the agenda every week until they reach the point of being able to implement them. Commission approved.

Sheriff Vehicle Requests

Sheriff Bill Martin asked the commission to approve the purchase of a new vehicle to replace the one that was in an accident earlier this year. That 2014 vehicle was hit and rolled several times and is most likely totaled. It had 200,000 miles on it. They are awaiting insurance payments from the counties insurance and the driver who caused the accidents insurance.

Martin said any funds received from insurance will go back to the county to help offset the cost of the new vehicle.

The vehicle he is requesting to purchase is a 2025 and will cost $66,914 once fully equipped.

Whisenhunt asked if he had any funds in his budget to help cover the cost of the vehicle, but the sheriff has no extra funds in his budget right now.

Beerbower moved to table it until next week to allow the commission time to look at the budget for the funding needed. Commission approved.

Commissioner Comments

Milburn read a statement expressing her desire to hear from her constituents about their desires and priorities for Bourbon County. She said she will listen with the goal of understanding and will ask questions to that end.

“The question right now is what you want your county to look like in 10, 15 or 20 years. How we get there is going to be of great debate,” she said.

Milburn welcomes input, and asked that county citizens send letters, email, or call to share their ideas about the future of Bourbon County.

Final note

A citizen in audience wants to thank whomever cleaned up hwy 54 west of town. “It looks way better and I’d like to thank somebody, but I don’t know who to thank.”

Whisenhunt said that whoever did it should let the county know so they can be thanked.

Ft. Scott City Commission Meeting, 4/15/2025

Fort Scott City Hall.

Public Comments

Michael Hoyt reminded the commission that from 6a.m. to 6p.m. on April 22-23 at Veterans Memorial Hall in Kansas City, Kansas, assistance will be available to help veterans to file claims.

Appearances

The commissioners approved the parade permit for the Fort Scott High School All Class Reunion Parade to take place at 6 p.m. on June 27.

Unfinished Business

121 Margrave, tabled from 3/18/2025

Commissioner Matthew Wells, whose construction company owns and is remodeling the property, gave the commission an update. He said that once utilities are turned back on they will start foundation work in the next 90 days and work on the addition in 120 days. Codes officer Leroy Kruger asked that they fill in the old cistern on the property for safety’s sake, which Wells agreed to. The commission then voted to table the discussion for 120 days.

118 E. Wells proposals discussion

City Manager Brad Matkin said that the city of Fort Scott has asked the owner to sign a liability waiver, allow codes time to go in once a year to inspect the building, and get insurance in order to continue conduction business in the building. The owner cannot get insurance because of the red tag. Matkin asked that the commission approve a plan to allow the city attorney to write up a simple letter saying that they will remove the red tag for 30 days, during which time no business can be done at the location, but the insurance company can look at the building to see if they will insure it.

A $1 million in liability is what the city usually requires.

Kruger expects them to only be able to get liability. His understanding is that this 30 days is to get insurance in order to be able to sign the other contract, to be able to sign the release of liability then open for business.

The city’s lawyer says that the release of liability may not fully protect Fort Scott.

The owners asked Kruger if the city would like to purchase the building. Kruger said that whatever the commission decides to do will set a precedence and there are two or three other buildings that he’s already started the work on, so “this is going to come up again in the very near future.”

Wells said that a similar situation happened in Miami Dade and the liability waiver did not protect the city. He also said that if the building fails, at least one other one will go down with it because they share a wall.

Matkin suggested giving the owner the opportunity to get insurance and give them 6 months for them to give the codes officers their game plan whether to fix or sell. The building will continue to require repairs, but let the owners decide what they do with it.

Commissioner Kathryn Salsbury expressed concern that the city had told the owners what they needed to do in order to conduct business, so the city needs to stick to that agreement.

The city lawyer said, “I think this hole gets deeper every time we talk about it…I don’t think you’re legally bound to continue down that path.” Because so many other issues have come up with the building and it’s situation. “I think you are free to try to structure or craft a different path that makes sense.”

Kruger said it was important that the city spell out what they expect to happen over time with time frames on it. “It would be unfair for us to make them jump through hoops and them not know what to expect and then I go shut them down in 6 months.”

Mayor Timothy Van Hoeke summed up the commissions position that they don’s want to buy and fix the building, nor do they want to pull the red flag.

The current bids to do all needed repairs will cost a minimum of $412,000.

Van Hoeke asked for details about the owner’s desire to sell it.

The commission voted to move the decision of what to do to the May 20 meeting to see what develops. Wells opposed.

New Business

Purchase of a Fire Truck

Chief Dave Bruner spoke to the commission about the new trucks his department needs. After forming a committee and doing research, he came with his committee’s suggestions.

Ford F550 Rescue truck replacement

The department has had the current truck for 11 years and it has been involved in nearly 90% of total call volume. The truck’s expected lifespan of 10 years is passed and it’s becoming less reliable. When it had 50,000 they replaced the engine and the transmission at 30,000. The pump on it is 22 years old.

The price to replace it from Hay’s Fire Equipment is $255,686.

The capital improvement budget will pay for the chasis at $61,971, then they build the truck over the next 12-18 months, at which time the remaining price is paid.

The commission approved purchase.

Pumper

The capital improvement plan for 2026 has $850,000 budgeted to replace the 1997 E1 Truck. They currently have a 2019 pumper a 2020 tower, and 2009 pumper, the rescue truck and this 1997 truck. It is the last truck in the fleet they are looking to replace.

The committee talked about purchasing used, new, or re-configuring the current truck. The cost of trucks has risen 40% compared to previous years, and the cost continues to rise between 3-7% annually. Part of the cost increase is global supply chain disruptions, labor shortages, and increase demand for updated safety features, as well as the new emissions requirements coming in 2027, which will increase the cost of fire trucks by between $64,000 and $120,000. In 2019, the city paid $465,000 for Engine One. That same truck costs $938,000 today. There was a good deal of discuss about the rising cost of equipment and the city’s best course of action. 1:04

Refurbishing the current truck would be $602,547 and take 12-15 months, and would require the department to rent a truck to replace during the refurbishment. Also, the insurance on it would only cover a 1997 truck value, making replacement in case of loss cost-prohibitive.

He said he would prefer to pay off the current truck before adding a new one, but is concerned about the increase in costs. With current recommendation of purchasing from Spartan Apparatus for $784,702, the 11 month build time would make payment for the truck due in February of 2026.

The commission asked for more details on some of the bids and confirmation that the price will be locked in. This gives city workers time to go out for bids on the lease to purchase the truck.

The commission also approved the purchase of a new mower for the park to replace the 2013 mower.

Revised Employee Handbook

Brad Matkin gave the commission a revised version in December and asked for their feedback. Salisbury moved to schedule a work session for 5 p.m. May 6 to discuss the employee handbook. Commission approved.

Reports and Comments

Jason Hickman gave the Horton Street update. Fog seal was started last week and will be finished this week.

Commission approved the motion to have Earl’s Engineering, the city’s engineer, do the design for the match project on East National.

Brad Matkin reported that the free Saturday night concert is moved to Memorial Hall this week at 7p.m.. The Teresa Deaton Band will be performing.

Commissioner comments

Wells: Friends of the Fort used Memorial Hall for their dance the other night. It was in great shape, kudos to Norman Nation.

He asked about the Wall Street city lot that the freight house sits on. He was told it was deeded to a group with a 2 year limitation on completing their project, which they failed to do. That group then deeded it to somebody else without the authority to do so. City has the right to enforce the original contract to claw the lot back.

Wells ended his comments by reminding those present of Romans 3:23. He said everybody makes mistakes, but it’s about how you respond to those mistakes and move forward. Please keep that in mind.

Commissioner Tracy Dancer said, “I would like to apologize to Brad.” 1:42

Van Hoeke: said that for a lot of people around the world right now, this is Holy Week, keep in mind the reason for the season. Hopefully you’ll be able to take in the true meaning of what this time means.

Ended with executive sessions to deal with non-elected personnel issues.

County Commissioners choose zoning advisory committee

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. Banwart 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.”

April 1 Fort Scott City Commission Meeting

Fort Scott City Hall.

Public Appearances

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 meeting ended in executive session.