All posts by Amy Thorpe

New District 1 Commissioner Samuel Tran Joins Bourbon County Commission

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

Samuel Tran joined the Bourbon County Commission for their June 23 meeting as the newly appointed commissioner for District 1.

Also new to the table was Kaety Bowers, serving as the parliamentarian for the commission. Her roll is that of an impartial assistant to Commissioner David Beerbower as the commission chair in running an efficient meeting per resolution 1125, which the commission signed in January, 2025. The new vice-chair for the commission is Mika Milburn.

KCAMP Information

Davie Lamb spoke to the commissioners about the benefits of KCAMP, which is pool-owned by the member counties, not an insurance company. KCAMP provides coverage for property and liability for Bourbon County. Formed in 1991, they cover 81 Kansas counties and several municipalities. Their board is made up of three clerks, three commissioners, and a sheriff from member counties.

Computer Services

Steve Prasko of Advantage Computers and Jayhawk Software in Iola, KS, and Jason Rincker from Stronghold Data of Joplin, MO each spoke to the commission about the computer services they could offer to the county.

Old Business
Juvenile Detention Center

Mike Walden, director for the SEK Juvenile Detention Center in Crawford County, brought administrators from the facility and some of the center’s board members to the meeting to speak with the commission about the history of the center, anticipated changes in the law regarding the detention of juveniles, and the importance of Bourbon County continuing to use it as its juvenile detention resource.

Walden said that Bourbon County is 1/10 owner of the $400,000 Juvenile Detention Center, which they will forfeit if they choose to house juveniles in a different facility, which was discussed at the June 16 meeting.

He said that the center was built in 1994 in an effort to meet the requirements of the 1980 law regarding the housing of juvenile criminals. He also said that a state study shows that no single county can afford a facility that meets the federal standards, and SEK is the poorest area of Kansas, thus they must work together. A juvenile justice plan is required for each county, and being part-owners of the facility in Crawford meets that requirement. Until 2006, the facility was run on a per-diam basis, but that made budgeting hard for commissions, so they changed to a funding formula, which takes into account the last 4 years of use by the county as well as the population and valuation of the county. Larger counties pay more.

To work for the facility, you must be 21 and have some training in sociology and psychology, per state regulations. They work with Pitts State and their social program students to help the residents of the center.

Walden said that the current intake system isn’t working, and juvenile criminals are slipping through the cracks and not being held accountable.

According to the Kansas Juvenile Justice Oversight Committee there were 7552 contacts between law enforcement and juveniles in 2017. “The state has struggled with placement of juveniles,” creating a dangerous situation for workers and juveniles, said Walden.

“I guarantee you we’re going to treat them better than anywhere else they’re going to go,” said Walden.

In 1992 Bourbon County signed an interlocal agreement with the Juvenile Detention Center.

By using facilities outside of Southeast Kansas, money Bourbon County is being sent to other regions. “We are part of you,” he said.

He encouraged the commissioners to come see the facility and see what’s being done there.

Milburn asked if they would come to the table to work out a different agreement, and Walden said that would be up to the board of directors and encouraged them to speak with them.

No Bourbon County representative has been to a facility board of directors meeting since 2022. The board’s next meeting is July 23.

Tran said the agreement should be revisited and the facility’s board of directors should invite the commissioners to come to the table.

Sheriff Bill Martin asked for a breakdown of the financial investment that the county has in the center. He also said that the codes for space and light requirements for detention centers are the same for adults and juveniles.

Milburn asked Walden to reach out and build a relationship with Sheriff Martin. Walden said that he would do that and wants to be included in any future discussions about juvenile detention services.

“We’re looking at our budget and we have our numbers,” said Beerbower.

SEK Mental Health Budget

Nathan Fawson CEO of Southeast Kansas Mental Health explained that his organization serves five counties in Kansas and employs more than 500 individuals, 60 of whom are therapists. Bourbon County has 80 SEK Mental Health workers as well as a federally certified Community Behavioral Health Clinic.

“I believe Fort Scott is very unique in the partnership that we have with SEK Mental Health,” said Fort Scott School Superintendent Destry Brown. SEK mental health partners with many organizations in Bourbon County, including schools, to serve the mental health needs of the community. There are now on-site therapists at each school provided by SEK Mental Health, all under parent approval and on a sliding scale for students. Case managers in each school oversee and work with teachers to help the kids. “Behavior health has gotten to be a huge issue in every school,” said Brown.

Bonny Smith from the audience spoke to the commission about the importance of including the parents in the help given to the children as well as for the staff of the school. First responders and law enforcement also need the help that Mental Health offers, she said.

“We are so grateful,” Fawson said, referring to the partnerships they have in the community, for the county’s support over the years, and the opportunity to serve in the county.

Tran asked how many patients they serve in a year. In 2024 they provided 35,482 services in Bourbon County alone.

Milburn said that SEK Mental Health needed county funding at the founding, but they are now self-sustaining and don’t need the county’s funding.

She said that the county helped the organization stand financially before it could stand on its own. Times have changed since the county started supporting SEK Mental Health, and SEK Mental Health now has more support throughout the community.

Milburn had a new resolution to propose, repealing the April 1961 resolution regarding SEK Mental Health. Her resolution proposed to keep a county commissioner as a member on the mental health board, but to repeal the 1/2 mill tax levy that had been supporting them.

“I want to offer them our support, not monetarily anymore – because they are there [referring to SEK Mental Health’s financial stability]- but we want them here in our community,” said Milburn.

“We have become more self-sustaining than we have been previously…we’re grateful but we’re not pressed in that regard in the moment, and as such we are less dependent on the county for financial support than we once were,” said Fawson.

Commissioners voted to table the issue for one week.

Budget Committee resignation of Marla Heckman & Assign Replacement

Beerbower nominated Joseph Smith to replace Heckman. Nomination carried.

Public Comments for Items Not on The Agenda

Mr. Emerson spoke to the commission about solar panels. He asked about the lawsuit that the county took over. “I surely hope that nothing will be signed until we get zoning,” he said. He also referred to a lawsuit between Jackson County and a solar company, expressing concern about environmental protection surveys not being done. He encouraged the commission to get more information before signing anything.

Michael Hoyt talked to the commission about tax abatement. He said he had brought to the attention of the commission earlier this year that the property at 401 Woodland is tax-abated at a value of $3.9 million, meaning $600,000 in taxes have not been collected.

“It’s only fair that we bring to the attention of the other taxing entities that their budgets in 23, 24, and 25 were based on that valuation in the budget and they don’t know they don’t have that money coming,” he said.

He also said that the property that’s out there now is classified as a charitable hospital but it hasn’t been one since Mercy left. It’s unconscionable that they are designated as a philanthropic hospital, he said, and he hopes to be able to resolve it.

New Business
NRP

Matt Quick, county appraiser, spoke to the commission about the Neighborhood Revitalization Program rebate again. He said that two years ago the county changed it from a 5-year program to a 10-year one. That change did not cause an increase in applications, but it has caused a diminishing return for the county.

Tran asked for the number of buildings in the program and what the benefit would be to the county. Quick said he would get those numbers for him.

Tran asked to wait to make a decision until the next meeting after he gets his numbers. The issue was tabled.

Appraiser Contract

County appraisers serve a 4-year term. This July, Matt Quick needs to re-up with the state, which requires a resolution from the commission. Commissioners voted to table it until next week.

Formation of Benefits Committee

Milburn proposed forming a Bourbon County Committee for Employee Benefits, to explore and find insurance options and benefit plans for county employees. It would consist of several employees, the benefits officer, and a commissioner.

Both Beerbower and Tran were in favor of the idea.

Susan Walker said that the committee members will need HIPPA training because they will have access to the health information for county employees.

Letters of interest are to be submitted to the commission.

The committee resolution was approved.

Elevator Repairs

The elevator in the courthouse is down. The judge sent a letter to the commission encouraging them to repair the elevator. There will be some jury trials at the courthouse in the near future.

A power surge caused the computer boards to fail, which the county will file an insurance claim for, but they need to do a quick, temporary fix to make the courthouse accessible for trials this week.

Beerbower moved to approve the $30,000 in funding needed for immediate repairs. Commission approved.

The meeting ended with executive sessions. The Commissioner Comments section of the meeting was not broadcast on YouTube.

Bourbon County Commission Considers Change to Juvenile Detention Provider

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

Sheriff Bill Martin, Under-sheriff Kevin Davidson, and Angie Eads, Director for the Sixth Judicial District Community Corrections, spoke with Commissioners Mika Milburn and David Beerbower about a possibility of saving the county money by changing their juvenile detention center provider.

The county has use the facility in Girard, KS for juvenile detention services for several years. The annual contract amount has risen steadily over the last few years. Martin asked that the commissioner consider the option of changing to a pay-as-you-go agreement with the facilities in either Johnson or Douglas County.

Undersheriff Kevin Davidson researched the county’s interaction with the juvenile detention facility at Girard. The 2023 budget for Girard was $81,227, in 2024 it was $90,000, and the same is budgeted for 2025. Johnson County has a program that charges the county $180 per day to keep Bourbon County juveniles. Douglas County offers a similar rate and service.

He said that if the county had used Johnson or Douglas County’s juvenile detention centers in 2023, the county could have saved more than $50,000, and more than that in 2024.

Martin said they’ve been discussing getting away with Girard for years. He wants the commission to think very seriously about changing from an annual contract with Girard to a pay-as-you-go set up with either Douglas or Johnson County. He also said they only sent 3 or 4 kids to Girard last year.

Commissioner Mika Milburn said the worst case scenario from the county’s records was in 2022 with 548 days of juveniles from Bourbon County at Gerard. At the $180 per day rate, the cost would be $98,640 for the year.

Eads, whose department does the juvenile intake and assessments to determine, alongside law enforcement, if a juvenile should be held in detention, said that in a 3-year period, one individual used up more than 50% of the days that the county paid for juvenile detention.

County Clerk Susan Walker said that her records show higher numbers billed to Bourbon County for juvenile detention services, causing her to wonder if they have been over-billed. Her math shows a cost of $236-$274 per day over the last few years.

She also said that getting a contract with Girard has become a challenge, that in 2024 it was $98,000 and in 2025 it is $134,000. She also recommended looking at changing to the per-day system that the Sheriff’s department is suggesting.

“You’ll save right off the bat,” said Walker.

Martin plans to bring information for the agreement with Johnson County to the commission for their consideration.

SEK Mental Health Budget

“This has been an ongoing controversy,” said Beerbower. He has been visiting with the 6 counties that also use SEK Mental Health, and said most of them have elected to reduce the budget money towards SEK Mental Health and have recalled their board members. This may be due to a rise in the pay to the CEO.

Bourbon County SEK Mental Health board member Marty Dewitt was at the meeting. He is the pastor of Uniontown First Missionary Baptist Church and has been on the board of SEK Mental Health for the past 10 years. The other member from Bourbon County is Jeff Fischer.

Beerbower suggested waiting for a third commissioner to be sworn in before making any decisions. Milburn agreed

Dr. Cohen Service Agreement

Milburn reviewed the contract and spoke to Dr. Cohen, and he removed number 7 from the contract and explained further about number 9, now number 8.

Milburn moved to sign the new contract. Beerbower agreed and signed as chair.

Budget Committee Selection

Commissioners read letters of interest aloud in the meeting. Those who submitted letters were: Greg Motley (already appointed to sit in on all budget hearings), Carolyn Smith, Katy Casper, Joseph Smith, Marla Heckman, Josh Jones, and Michael Hoyt.

Milburn chose Carolyn Smith and Katy Casper. Beerbower chose Marla Heckman and Josh Jones. Along with Greg Motley, that creates a board of 5. Motley will report to the commission and organize the meetings of the board.

The commissioners thanked everyone for their letters of interest.

Parliamentarian Proposal

Kaety Bowers agreed to serve as parliamentarian to the board of county commissioners. Milburn recommended having more than one parliamentarian to allow for scheduling conflicts. At this time, Bowers is the only one who has agreed to serve. Milburn’s motion included adding parliamentarians “as they decide they want to volunteer,” and was approved.

Mission Statement

Beerbower liked the long version of the mission that Milburn read in the meeting on June 2.

Milburn received some feedback from a citizen, Courtney Halsey, and read it in the meeting.

Beerbower moved to adopt the mission statement submitted by Milburn and the vision statement submitted by Halsey.

Motion carried.

Office Restructuring

The commissioners discussed the required changes in how county office space is used that will occur in January of 2026, when the commission moves from 3 to 5 commissioners. Milburn said that because of all they have going on as a county right now and her stance of only doing what’s absolutely necessary at this time, she is not in favor of spending any money or time on restructuring right now.

Beerbower said that he has received feedback from citizens to the same effect.

“You have a valid point, that we don’t need to rush into this,” said Beerbower.

Beerbower moved to cancel the restructuring for now, to be added back on later in the year when needed. Motion carried.

New Business

Commissioners held a 15 minute Executive Session with members of the Sheriff’s department for matters pertaining to non-elected personnel to protect their privacy. They returned to regular session with no action.

A second Executive Session was held to discuss other personnel matters with just the two commissioners attending. They returned to regular session with no action.

Property Disaster Relief Application – Duane & Tawnya Glasscock

Milburn moved to sign the abatement for 1726 Buckeye Road based on photographic evidence submitted by the Glasscocks. Motion carried.

SEK Regional Planning Commission Update

Greg Motley spoke to the commission about the potential benefits of SEK RPC. He said the organization is the driver of economic development in Southeast Kansas. Montgomery County has been reaping the benefits of the organization, but Bourbon has been “kinda minimalist,” and he wants to make everyone aware of what SEK RPC has to offer. Besides municipal infrastructure and affordable housing, there are loans to establish and expand or retain employees in new businesses. There are also agricultural grants.

“If anybody in the county wants to know what’s available through this organization in grants or loans,” they should contact the commission, he said, who will put them in touch with Motley.

“We should just keep these programs in mind so we’re not on the sidelines and can get our fair share of money,” he said.

Beerbower said he was interested in grants that would help with animal shelters.

Motley said they should consider applying for grants through SEK RPC for the deferred maintenance needed on the courthouse.

Bronson City Park CDBG Grant Letter of Support

A grant was applied for through SEK RPC and a letter of support from the county will help them gain consideration for the grant to the improve the part.

Commissioners approved.

Commissioner Comments

Milburn expressed that she is pleased with the citizens’ response to the need to replace District One Commissioner Brandon Wisenhunt by attending the Republican Party Convention last week.

June 12: Convention to Appoint New District 1 County Commissioner

Brandon Whisenhunt resigned from his District 1 County Commission seat on June 2, after holding office since April of 2024.

This is the second county commissioner resignation in 2025. Leroy Kruger of District 3 resigned in March. Mika Milburn has since been appointed to take the District 3 seat.

The Republican Party of Bourbon County now has the task of filling the District 1 seat. They will hold a convention on Thursday, June12 for that purpose. The convention will be at 6 p.m. in the Bailey Conference room.

Republican Party chair Kaety Bowers said that the candidates for the position are Lynne Oharah, Mike Embry, Rick Allen and Samuel Tran.

When asked to comment on the need to appoint another county commissioner, this is what Bower said:

“As Chair, part of my duty is to recognize and respect our history while stewarding and leading us forward. Recently, while perusing the roll call sheet binder, I was humbled to see the names of some of our current core members on sheets from the early 2010s. That makes me proud to be a Republican here. As new members join and our county evolves, it is my responsibility to ensure our core values remain steadfast amid resignations and appointments. District One boasts a great mix of seasoned delegates and younger families, and I trust their decisions. I know that this Thursday, many years—perhaps generations—of experience will guide their votes. Therefore, I cannot overemphasize the importance of precinct positions! County Commissioners, State Representatives, and Senators can all be appointed through precinct conventions. That said, we still have open precinct seats in Bourbon County.

This brings me to a frustrating trend that negatively impacts our communities. I would expect every disgruntled resident in Bourbon County to line up to fill the very positions they are unhappy with. Social media platforms like Facebook are filled with self-proclaimed experts expressing their opinions, yet I don’t see their names on the candidate lists. I closely monitored the list of individuals running for various positions (school boards, FSCC trustees, commissioners, city roles, etc.) this season, and at one point, I was deeply concerned that we would face an abundance of empty seats come election time. In some cases, we still do.

My path in politics was initially shaped by a single mantra: ‘You don’t get to complain if you don’t vote.’ That’s no longer enough. I would extend it to this: You don’t get to complain if you’re not actively working to make a positive change. So, Bourbon County, it’s time to get involved. Ask not what your county can do for you, but what you can do for your county. (Yes, I just quoted a Democrat—sort of.) Many will say they lack the time, and I understand. As a mother of six, I know time is fleeting, and we’re all busy. However, I refuse to hand my children a world I didn’t help improve or fail to show them how to lead others in doing the same. My own mother joined a fraternity in a small western Kansas town because no female organizations existed to serve the community! Let me be clear: not everyone needs to run for office to make an impact. Volunteering, joining or creating a committee or club, or simply picking up trash during a walk are all ways to make a difference. Don’t wait for controversy to demand your involvement.

In closing, I liken an abundance of candidates to a church running out of seats for its congregation. The more, the merrier—that’s what primaries are for, right? (Elections, not church seats.)”

The newly appointed candidate will have to be approved by the governor’s office before taking his or her seat on the commission.

County Commissioners Create Budget Advisory Committee

In the June 9 meeting, Commissioners Mika Milburn and David Beerbower voted to create a Budget Advisory Committee to help with the budget process.

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

They are accepting letters of interest until June 16 per this document from the County Clerk’s office:

The Board of Bourbon County Commissioners are accepting letters of interest for qualified individuals who would like to serve on The Board of Bourbon County Commissioners Budget Advisory Board. Letters of interest will be accepted until 12:00 p.m. on Monday, June 16, 2025 at the Bourbon County Clerk’s Office, 210 S. National Ave., Fort Scott, KS 66701. Qualifications and duties expected of board members can be found in the Bylaws of the Bourbon County Commission Budget Advisory Board which are on www.bourboncountyks.org and available in the County Clerk’s Office.

The bylaws are:

Bylaws of the Bourbon County Commission Budget Advisory Board
Article I: Name

The name of this body shall be: The Board of Bourbon County Commissioners Budget Advisory Board

Article II: Purpose

The purpose of the Budget Advisory Board is to:
• Review budget requests from county departments and elected officials.
• Assess revenue projections and spending priorities.
• Make written recommendations regarding the annual budget to the Board of Bourbon County Commissioners.
• Promote transparency and public engagement in the budget process.
• Assist in ensuring compliance with Kansas budget law and other applicable statutes.

Article III: Authority

The Board operates in an advisory capacity and has no binding decision making authority. All recommendations are submitted to the Board of Bourbon County Commissioners for consideration.

Article IV: Membership
Section 1: Composition

The Board shall consist of five (5) to nine (9) members, including the Chair. Members shall be appointed by the Board of Bourbon County Commissioners.

Section 2: Qualifications

Members must demonstrate relevant experience in budgeting, finance, accounting, public administration, or related fields. Each applicant shall submit a letter of interest and qualifications.

Section 3: Appointment and Term

Members shall serve two-year terms, renewable by reappointment. Initial appointments may be staggered to maintain continuity.

Section 4: Chair

A Chair shall be appointed by the Board of Bourbon County Commissioners. The Chair shall preside over meetings, coordinate activities, and serve as the Board’s spokesperson.

Section 5: Compensation

Members shall serve without compensation.

Bylaws of the Bourbon County Commission Budget Advisory Board
Article V: Meetings
Section 1: Frequency

The Board shall meet as needed, at a minimum of 6 times annually, including during the formal budget development cycle.

Section 2: Public Access

All meetings shall be open to the public, with notice given in accordance with Kansas Open Meetings Act and applicable notice requirements.

Section 3: Quorum

A quorum shall consist of a majority of the currently appointed members.

Section 4: Voting

Recommendations of the Board shall be adopted by a majority vote of the members present.

Article VI: Duties and Responsibilities
The Budget Advisory Board shall:
• Receive and review departmental budget submissions.
• Assess short-term and long-term revenue forecasts and spending needs.
• Hold public meetings to gather community input.
• Ensure compliance with Kansas budget laws and procedures, including setting deadlines for:
o Public notices
o Public hearings
o Budget adoption
• Prepare a formal written report with budgetary findings and recommendations for submission
to the Board of Bourbon County Commissioners.

Article VII: Reporting

The Board shall submit its final written budget report no later than July 14, in time for review and adoption by the Board of Bourbon County Commissioners.

Article VIII: Amendments

These bylaws may be amended by a majority vote of the Board of Bourbon County Commissioners.

Article IX: Administrative Support

The County Clerk’s office may provide support, record keeping, and meeting logistics.

These bylaws were adopted by the Board of County Commissioners of Bourbon County, KS on the 9th day of June, 2025.

Bourbon County Commission announce open seat procedures

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

Commissioner David Beerbower began the meeting by reading a statement outlining the meeting’s conduct, including the expectation that audience members silence their phones and refrain from conversations, wait to be called on before speaking, and allow the chair to manage the meeting.

Republican Open Seat Announcement

The Republican Party of Bourbon County will hold a convention to fill the vacant District 1 seat on Thursday, June 12 at 6 p.m. at Bailey Hall. Applications are due by Tuesday, June 10 at 5 p.m. and can be emailed to [email protected].

Old Business
Zoning Advisory Committee – Beerbower made a motion to postpone the zoning committee’s presentation of their recommendations until June 30, 2025 to allow for a third commissioner to be appointed and present.

The committee will continue to meet to work on its report. Dates of those meetings will be published.

Dr. Cohen HR Solutions – Commissioner Mika Milburn asked Beerbower’s opinion on using the company to conduct HR services for the county now that he’s had time to consider the information from the last meeting. He said he is for it, and he likes their proposal and the cost.

Milburn moved to hired HR Solutions on Call, which would require a contract be paid from the benefits fund.

The motion was approved.

Budget Committee Proposal – Milburn proposed the creating of a budget advisory board to help the commission through budget season. She proposed that the board be made of financial professionals, who will be qualified to advise on budget items.

The motion passed. Letters of interested will be taken until June 16, 2025.

Parliamentarian Proposal – Milburn suggested the commission consider bringing in a parliamentarian to help run their meetings.

“We are shorthanded,” she said. Milburn and Beerbower both had people they wanted to ask to consider the position.

The issue has been tabled until June 16.

Sales Tax Discussion Update – Milburn followed up on the hiring of a firm to conduct the county’s tax sales. She said the treasurer is working through the steps necessary to facilitate that and it’s in process.

Dump Fees for Employees – Milburn wants to remove it as a benefit.  Beerbower said that after receiving feedback from various members of the community and an email regarding fringe benefits from the County Clerk, Susan Walker, he believes times have changed and the perk needs to be stopped as well.

The commission voted to end free dump fees for county employees starting immediately.

Commissioners went into a 20 minutes executive session for consultation with an attorney for the public body of agency which would be deemed privileged in the attorny-cliet relationship.

Public Comments for Items Not on The Agenda

Mr. Parks suggested that out-of-county trash haulers who use the transfer station for trash disposal pay more than in-county users.

New Business
SEK-CAP General Public Transportation – Casey Brown brought the funding request to the commission to get it in before the budget meetings start. Historically, SEK-CAP has been funded by the county, the City of Fort Scott, and area churches and businesses.

It costs approximately $8,000 per day for a full year of transportation services. Currently services are offered three days a week, but they are considering going to five days a week, which would cost $40,000.

Commissioner Milburn asked for more precise data about how much of the county outside of Fort Scott is served by SEK-CAP.

When asked about changing their hours of operation, Brown said they were open to discussion and want to fit the community’s needs.

Fireworks Licenses Days

Fireworks licenses were issues to Hale Fireworks and Jake’s FIreworks. Sale dates have been extended by state statute from July 5 to July 7.

Commission Comments

Milburn said that she loves “the idea of a steady, reliable process” to govern the county and that there so many citizens getting involved.

She said she would be happy to visit with anyone interested in the job. “This job takes a lot of stamina and I am going to do what I have to do to serve Bourbon County and keep up.”

Bo Co Meeting June 2, part 2

The remainder of the Bourbon County Commissioner meeting of June 2 included  discussion of repairs to the courthouse and the awarding of opioid fund money to Path of Ease for the purchase of a vehicle.

Mission Statement

Commissioner Mika Milburn read two sample mission statements and asked for feedback from the community. The commission will revisit a county mission statement on June 16.

Worker’s Compensation

Commissioner David Beerbower moved to withdraw a motion from a previous meeting to consider additional pay with workmen’s compensation claims. Moved to add it to the next budget work session.

Zoning Discussion

Beerbower moved to give the zoning advisory committee a one-week extension, at their request, to present their recommendations to the committee at the June 9 meeting. Commission approved.

Public Comments for Items Not on The Agenda

June Bench, Bourbon County resident, spoke to the commission about a member of the sheriff’s department that she claimed lied about her in a police report, leading to her arrest. She expressed concern that this person is still in the employ of the sheriff’s department, “Just because you have a badge, you shouldn’t be allowed to break the law,” she said.

Bench is not in a lawsuit with the sheriff’s department, she took a $75,000 settlement to drop it. She doesn’t want any more money. She claimed she went to the sheriff for help before litigation, and he wouldn’t help her, she said through tears. She is concerned and feels that the person who did that to her is dishonest, and others are suffering as she did. She asked the commissioners to investigate the situation.

“You guys have the right to know that there’s some unethical things going on,” she said.

Bob Johnson, the county attorney, said her lawsuit was her form of redress, and the commissioners aren’t the right place to come with this issue.

Clint Walker publicly thanked the public works department for their good work after the storms and said the assessor’s office staff was very professional when they came to his home.

New Business

Path of Ease Association

Jennifer Simhiser, the founder of Path of Ease Association, a women’s and children’s recovery house came to ask the commissioners to award her organization some of the opioid settlement fund allocated to Bourbon County to purchase a van. Simhiser gave her personal history of depression and addiction. After rehab in Lawrence, KS she learned about transitional housing and was then able to live on her own.

“The recovery community is almost non-existent [in Fort Scott]. The drug problem, on the other hand, is horrible,” she said.

She asked fro $30,000 from the Municipal Kansas Fights Addiction Fund to purchase a recovery transportation van to get the women to their recovery meetings, as well as to and from work, church and events that build the recovery community.

The county has $81,000 in that fund currently, earmarked for addiction recovery purposes. None of Bourbon County’s fund is allocated at this time.

Several members of the board for the Path of Ease home spoke to the commission, commending Simhiser and the home, and attesting that it is meeting a need in Bourbon County.

Beerbower moved to allocate $50,000 from the opioid settlement fund to the Path of Ease (End Addiction Stigma Everywhere) for travel expenses and other expenses through the clerk’s office.

Motion carried.

Tri-Valley Developmental Services 2026 Budget Request

Bill Fiscuss CEO of Trivalley Developmental Services said his organization is requesting $55,000 from the county, which has been their budget request for the last several years. They provide services to individuals with developmental and intellectual disabilities in eight counties, at their centers, as well as services in homes.

Courthouse Repairs

Two county employees spoke to the commission about the courthouse’s need for serious repairs over last 18 years. “It’s deferred maintenance,” said one.

The building needs washing, tuck pointing, waterproofing, window sealing, and elevator repair. It is a contributing building to the national historic district of Fort Scott, therefore, it has to meet certain standards.

Jason Dickman from Earl’s Engineering created the current bid document and will come discuss it with commission in the June 23rd meeting.

“We’re not going to kick the can down the road,” said Beerbower.

Commissioner Comments

Beerbower said, “It’s unfortunate that we’ve lost another member.” He then mentioned that citizens in the old first district are eligible to serve as the next commissioner.

Milburn read a statement:”It was recently brought to my attention that the position of commissioner is ever-changing in our county…what can we do to gain some stability?” She went on to point out that the county many have to strategically spend a little bit of money to save money, referring to Dr. Cohen’s Human Resources services mentioned in yesterday’s county commission story.

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.