The north wing, east side of the Bourbon County Courthouse.
The commission conducted a shorter-than-usual meeting on March 10 to allow for time to have an open work session on the 2026 budget.
Commissioner David Beerbower questioned the wisdom of holding abbreviated meetings because the commission has so much business to cover. He then amended the meeting agenda to hold two executive sessions for non-elected personnel issues and add public comments after that.
The commission approved accounts payable, payroll, tax roll corrections, and the January financials.
Regional Planning Commission Appointee
Commissioner Leroy Kruger nominated Mary Wyatt as representative for the county on the Regional Planning Commission board. She also does this service for the city of Ft. Scott. He said Mr. Harrington is the current representative. Mary Wyatt pointed out to Kruger that the position is up for reappointment and asked for the position.
Beerbower and Whisenhunt wanted more time to look into it, so the issue was tabled until the next meeting.
Marion Township Clerk Approval
Kruger made motion to approve the appointment of Brent Smith as clerk for Marion township and it was approved unanimously.
The commission then went into their first executive session with Eric Bailey and Kevin Davidson, all three commissioners and the county clerk, Susan Walker.
They resumed normal session with action.
Commissioner Brandon Whisenhunt made the motion to pay the employees that were on duty during the snow storm for five hours of straight time additional pay during the time that the courthouse was closed. That include departments of Public Works, Sherriff’s Department, EMS, and Landfill. Motion carried unanimously.
A second executive session for 5 minutes with three commissioners was held, but the action wasn’t streamed to YouTube. Neither was the beginning of the public comments section.
Public Comments:
Michael Hoyt spoke to the commission about their budget work sessions.
“There’s only one person you have to listen to, and that’s the clerk,” he said.
Hoyt asked to be read in on the budget sessions, since they are open to the public. He wants access to the copy of the budget that the commissioners are looking at during the sessions. He said he would print off his own copies so as not to add to the county’s expense.
He also said that the department heads should sit on the front row in the county budget meetings to facilitate easier conversation with the commission.
Commissioner comments
Beerbower referred to the city press conference he planned to attend along with Kruger, and possibly Whisenhunt on March 11.
Kruger announced that the county will be moving the hospital equipment into the Public Works Department’s new building on March 11 to get it out of the hospital’s way to give the county time to set up for a professional auction to raise more funds for the county.
Whisenhunt had directions for the clerk to collect bids on courthouse repairs, roof bids on the annex and EMS building, and pest control bids.
“We also need to start putting out bids on all the county hay ground,” and look into trash service bid, he said.
Whisenhunt instructed the clerk to add fees on the next agenda, from the department heads. “Each department needs to come in,” either the heads or a designate from the department to the commissioner meeting.
Kruger still waiting on word from attornies before further action on zoning.
The meeting adjourned. After a brief break they started open work session on the 2026 budget.
The north wing, east side of the Bourbon County Courthouse.
Susan Walker, County Clerk, spent about an hour educating the commissioners and citizens in attendance about the county’s budget.
The first part of the meeting was not streamed to YouTube, so this report begins part way through her explanation of the county’s revenue sources.
The county’s income comes from taxes and fees for services from the county via the landfill, jail, sewer, etc.
Walker exhorted the commission to keep an eye on high-revenue generating areas to keep aware of potential fraud.
She explained various parts of the financial statements issued by clerk to commissioners every month, including bank and CD interest, warning then that if interest rates drop, cuts may be necessary.
She then gave a high overview and fund status report
“Please ask questions,” Walker reiterated throughout the talk.
“To apportion and order the levying of taxes,” is the legal requirement the commission must fulfill. Walker explained that it’s all up to the commission. They determine how much money goes to each departments. “You really are the keeper of the budget.”
The Kansas Department of Administration has workshops and information on budgeting for Kansas cities and counties. Walker recommended the all-day workshop to get full picture on budget law and legislative changes and the details of applying it to the county.
Budget law gives the counties expenditure authority on certain funds. “Without a budget, there is no authority to spend,” she said.
Department heads are legally required to come ask for more money or a budget increase if they need it. However, a department head is allowed to exceed his budget by the amount of his reimbursed expenses.
The county is required to abide by both budget law and cash law. Cash basis law is, “You can’t spend what you don’t have,” per Walker.
In order to know the funds they will have to work with, the commission needs the assessed valuations of properties in the county. However, those valuations won’t be available until June 15.
There are multiple taxing entities, including schools and townships, as well as the county, creating the citizens’ tax bills, though the county collects the taxes for distribution.
In 2024 $7.9 million in property tax was collected by Bourbon County.
The amount of property tax received goes up by about $197,000 per year on average due to the increase in assessed value, not to an increase in the tax rate. This is affected by the fluctuations in the housing market. “That is a session on it’s own!” said Walker.
“That won’t even cover a 1% raise for your employees,” said Walker. On average it’s a 2.96% increase in revenue for the county, but the costs of fuel, energy, insurance, and other items beyond the county’s control, consume the increased income.
School districts are levied a little bit differently. They usually receive about 20 mils, but the first $75,000 of the home’s assessed valuation is exempt.
Next budget steps:
Some things the county needs to work on are creating a five year capital plan and consolidating certain funds back to the general fund to stay aligned with state guidelines.
Whisenhunt suggested have department heads come to the commission meeting and pitch their budgets. He wants to start with the three biggest departments, which are the sheriff, public works, and EMS.
From the departments, for their meetings with the commission, Kruger wants to know of any major changes planned, and Beerbower wants four years of financial history, and the capitol outlays.
Walker said her job is to record the information to be put it into the budget. “I’m not going to be the one that is here making recommendations. I am here to take the information and put it into the budget.”
Walker referred to the examples of Riley County’s fund reserve policies, procurement policies, and procurement codes for federal and state grants, pointing out that the commission can use those as guides when adopting their own.
A purchase order system shows departments their encumbrances on finances so they don’t spend above their budgets. The county does not currently use a purchase order system.
Another item the commission needs to complete is the county salary schedule, which will determine where departments land in their budgets.
Taxes and health insurance come from the county’s employee benefit budget, not the departments.
An April 7 budget work session for roads has been scheduled.
Michael Hoyt asked about FEMA funds that are due to the county. Eric Bailey, public works administrator said he’s had an email saying they (FEMA) are actively working on everything sent to them. It will be summer before any funding will be giving back to the county.
“We’ll get more than what it truly cost us [to do the work],” said Walker, because the federal pay rate is higher than the pay rate in Kansas.
Hoyt also asked about the jail debt service and was told the county is on track for it to be done in 20 years.
Hospital Sales Tax is currently accumulating, awaiting two agreements from Freeman to release it, which Freeman says will be returned ASAP.
Outstanding bonds that the county has are the jail, landfill transfer station, and sewer. Sales tax will be collected until it’s paid off.
“I think there’s lots of room for improvement to really make this a conversation,” said Walker about the budget creating process.
The Bourbon County Commission covered a number of topics in their meeting on March 3, 2024.
The north wing, east side of the Bourbon County Courthouse.
Hospital equipment disposal
In order not to hold up the work on the hospital, the equipment needs to be moved out as soon as possible.
Commissioner Leroy Kruger said he is still working on a date for the auction and that the hospital wants the stuff out sooner than the county can get it out. He asked the commission for permission to rent some portable storage boxes to put on hospital property to store the item in until the auction. He also said there will be a few incidental expenses to facilitate the auction that the county needs to purchase, as well as employees to help move the items when they sell.
Commissioner Brandon Whisenhunt said that in light of the short timeline, storage should be purchased at Kruger’s discretion, as well as other costs for the auction. The commission then voted and approved the needed funds to be taken from the commission budget.
At the end of the meeting, Kruger asked that those willing to volunteer to help with the auction contact him.
Kruger corrected his comments from the last commission meeting, “We do not donate the proceeds of this sale. They go back to the county general fund.”
Area on Aging board member from commission will be Whisenhunt.
New business
Marian township treasurer recommendation of Larry Jergenson was approved by board.
Housing development
John George spoke to the commission representing Dr. John Dirling who owns property along old Highway 69 south of Popler that he wants to develop by building houses on it. It has water, gas, electric, and direct access to old 69 highway.
He would sell it as 13 three-acre lots running from north to south along old 69, each of which will require a culvert from the county to access the property. George came to the county to check their regulations.
Dirling is looking at the next generation and the need for housing of this type in the county.
Commissioner David Beerbower said that the individual buyers will need to contact Bourbon County public works regarding culverts.
Fence viewing request
Peggy Jackson, came to the commission wanting to know which end of the fence is hers and which is her neighbors. His cows have been out on her property and they cannot come to an agreement about who’s responsible for the fence.
Whisenhunt said that by state statute it’s a 50/50 split if there are agricultural products on both sides. It has to be a 5-strand barbed wire fence.
Kruger said if it comes into damages, that becomes a civil issue that must go to court.
County attorney Bob Johnson said if it’s on private property, the county doesn’t have ability to interfere.
Department Updates
County Clerk
County Clerk Susan Walker brought up some questions involved in finalizing financials for 2024.
She mentioned that the county has to abide by a budget law and a cash basis law. She said that several individual funds are lacking in the 3-6 months of expenses cushion they should have at this time. “We need to save as much money as we possibly can.”
The general fund is in better shape than Walker had feared it might be because several departments didn’t spend all their funds and gave it back to the county.
She also said that the commission had been required to transfer from the appraiser fund and the Sheriff’s fund because they did not have the budget authority to spend the cash that they had. So they ended up moving about $53,000 of expenses from the sheriff’s fund into the general fund.
NRP caused troubles for the appraiser.
Walker said the other funds look okay, but the election funds are lacking because of the big election held in 2024.
She also said the landfill has a $53000 deficit. State statutes require more, but the county can work towards that.
Re. transfer of $31,130 if it’s not made, it stays in the sheriff’s budget, but he’ll require a budget amendment to be able to use it.
After the discussion, Whisenhunt made motion to move $31,130 from the Sheriff’s budget back to the general fund. as it will not affect the Sheriff’s Department budget this year and the funds can be used to cover a portion of the $53,000 that the county paid out of the general fund for the Sheriff’s department. The motion carried.
Register of Deeds
Lora Holdridge, Register of Deeds, spoke to the commission about a number of road and deed issues.
The first was a request to the rest of 105th from 95th all the way up to Maple. It was an intended road many years ago, but it not a road now. Land owners affected are for closing it. There is currently no signage that says road closed. “You wouldn’t even know it’s a road unless you are intentionally going down there,” said Holdridge.
Statutory rules for closing section line roads involving giving notice to land owners, said county attorney Bob Johnson.
Whisenhunt said once the work of giving notice and publication is done, the commissioners will close the road.
Holdridge also brought up the road situation at 95th and Unique. A land owner on Unique is asking county to maintain entire road up to his house.
Public Works Director Eric Bailey said that on July 6, 2021 the commission asked him to look into the situation. On July 13, 2021, per the 1989 map, the commission was told that there is 1,056 feet of Unique opened up to the west off of 95th. That section receives county maintenance.
Bailey says his policy is to not work on unplatted roads, but in the past, others may have operated by a different policy.
Whisenhunt explained that the school bus used to drive up to the individual’s house and turn around, but now that his kids are out of school and no longer ride the bus, the county no longer maintains that section, which is not actually road, but driveway. Whisenhunt’s current position is to continue to maintain the 1,056 feet, but do no more at this time.
Holdridge also asked the commission to work to get the deed situation with Legacy for Lot 4 straightened out. She said that the county and EMS in particular were led to believe Lot 4 would be given to them, and she has contacted the former county attorney and Legacy, but nothing has been done yet.
“For somebody who owes over $20,000 in back taxes, I think that they need to get that deed to us ASAP,” she said.
Holdridge went on to ask the county commissioners why the county isn’t going after the rest of the lots on the property that was given to Legacy.
“They are not paying their taxes. They sold the property that they got for free. We can’t even get them to give us a deed,” she said. “I just want the deed to get fixed so EMS can have their building. That’s the main thing.”
Johnson said he would look into it. “It would be dependent upon what the agreement is and if there’s a reservation on the deed,” he said.
The commission scheduled a work session for 5:30 on Monday March 10 after they care for payables and payroll. They also cancelled the work session on March 12. Work sessions are open to the public.
Commissioner Comments
Kruger
The public meeting with the solar company scheduled for March 19 is a public meeting, not a commission meeting. Commissioners will not be in attendance. “With everything that’s going on and things that we’re working on, we’re not going to associate ourselves with them at this point in time.”
Whisenhunt said it’s the purpose of the company to meet with the public. Kruger wants it to be clear that the meeting taking place at the courthouse does not mean the commission is endorsing this company.
Whisenhunt
Free dump day should be done, one city at a time throughout the county.
Executive Sessions
Bob Johnson: executive session per KSA 75-4319 B2 for a consultation with the attorney for the public body of agency which would be deemed privileged in the attorney/client relationship for 30 minutes.
Brad Matkin: executive Session for 10 minutes per KSA 75- 4319 B4 to discuss data relating to financial affairs, trade secrets or corporations, partnerships, trusts and individual proprieterships.
County Commissioners want to learn more before approving the 2024 inventory list and tax roll corrections.
The north wing, east side of the Bourbon County Courthouse.
After approval of payroll and accounts payable, commissioners voted to table the approval of the 2024 county inventory list. Commissioner Leroy Kruger said he wanted to understand it more fully before approving it. Commissioner David Beerbower mentioned he also had reservations
Regarding tax roll corrections, Commissioner Brandon Whisenhunt asked for an explanation.
Assistant County Clerk Jennifer Hawkins explained that the corrections are adjustments made to a person’s tax bill when they sell or in another way loose their property.
Kruger made a motion to table for time to look at it and the commission approved the motion.
Equitable Sharing Agreement report from Sheriff’s department
Sheriff Bill Martin answered the commissions questions about the agreement. He said that when his department conducts criminal investigations in conjunction with federal government agencies, it sometimes result in funds being confiscated, a portion of which come to the sheriff’s department. There are no such funds this year, but an annual report, approved by the commission, is still required.
Old Business
Work sessions and schedule change
Whisenhunt brought up his previous suggestion that the commission hold work sessions every other week following a short county commission meeting at the regular Monday time beginning March 10, 2025. They would hold regular meetings on the weeks in between.
Kruger was in favor as it would provide for the commission “to get caught up on where we want to be with all the things we want to accomplish.”
Hospital equipment disposal
Kruger met last Friday with Freeman and Nevada Regional Medical. “I got eyes on everything that’s going to be in the auction,” he said.
He has located an auctioneer to conduct the auction. Brian Allen, county employee, will do it free of charge. They are in the process of selecting the auction date, most likely a Friday or Saturday after Kruger has advertised it to area hospitals. Plans are to hold the auction in the hospital parking lot. Proceeds from sale need to go to a charity. Kruger advised commissioners to be thinking of what charity they would like it to go to.
Beerbower asked if other county equipment that needs to be disposed of will be included in the auction. Kruger said he thought adding those items would draw out the process, so they will be doing those at another time.
Public comments for items not on the agenda
Clint Walker spoke about a public forum held by officials from the state representative Rick James and state senator Time Shallenburger last Friday. Walker was embarrassed by the fact that no county representatives attended.
Whisenhunt responded, “You’re right. One of us should have been there.” He was unable to make it due to late notice and the need to work. Kruger also said he didn’t receive notice in time to attend.
Land Bank
Michael Hoyt spoke to the commission about the land bank, informing them that Mr. Tucker is now the chairman of the land bank and Heather Madison is the treasurer.
He said they are currently working on researching what it will take to clean up the tax sale process.
Whisenhunt asked what the land bank does with the land.
“It seems like all we do is mow it,” joke Hoyt. He then explained that the land bank offers it for sale to whomever wants to bid on it, usually with a quit claim deed. Sometimes they have warranty deeds that allows them to be sold for building on.
Kruger answered, “In short, they manage and maintain the sheriff’s sales properties until there’s a home found for them.”
“If we can get it cleaned up and figure out how we can go and get a quick claim deed converted to a warranty deed, then we’re golden,” said Hoyt.
March 17 will be the new date for the presentation from Christopher McElgunn, a lawyer who specializes in this area, to the land bank and those interested in learning more.
City commissioners are working to get the ordinance under which the land bank operates modified to allow Commissioner Beerbower to sit on the board as well.
New Business
Department Updates
Public Works Director Eric Bailey told the commission that the county is moving forward with bridge replacement at 60th and Grand, which requires the moving of an electric line. The line is owned by Heartland Electric, who has submitted a price of $19,000 to move 4 or 5 poles and the line. This utility moving is the county’s responsibility as part of the state grant they received for moving the bridge.
“So for about a, give or take, around $900,000 project, we’re going to be into it for about $100,000,” depending on how the bids come in Bailey said.
Money for the utility line moving is already budgeted, and requires commission approval. The public works department worked with Heartland Electric to get the price as low as they did.
The bridge moving project started end of August of 2023.
Beerbower told Bailey he did good job during last snow storm.
Bailey said of his crew, “They did an outstanding job.”
Zoning
Beerbower said that part of his campaign was that he would work on this, so he wanted to open the discussion.
Whisenhunt added that on either March 19 or 26, Eric with Advanced Power wants to have a meeting with the public.
The commission decided that Commissioner Kruger is to head up the zoning and special use permit research team, including any county personnel who can contribute. He has been asked for reports at county commission work sessions.
Fort Scott Area Chamber Membership Renewal
The commission has been members for more than 15 years, said Chamber President and CEO Lindsay Madison, when she spoke to the commission.
She said the chamber’s mission is to support commerce, build community, and promote spirit in Fort Scott and the surrounding area.
Commission approved the renewal at a cost of $340 for all three commissioners for the year.
Commissioner Comments
Beerbower suggested adding a slot for elected officials to the regular meeting agenda to open up that line of communication within the county.
Beerbower also mentioned the Facebook talk of animal control and the lack of it for the county he had seen. Based on research from a 2017 cost analysis from Pierce County it costs $2 million to run a county animal control with 12 employees and more if the county has a shelter.
“At this point, I’m not against it and I’m not for it either, because it’s costly,” he said.
Whisenhunt mentioned that they could check with the city of Fort Scott to see the cost of its animal control department.
“Please take what I’m about to say as learning for all of us and not as a slight towards any of us,” said Kruger. “We need to step up our game on communication.” He went on to say the commissioners should communicate with the county clerk about their official obligations so they don’t miss or double up on meetings outside of the regular business meeting.
Kruger also asked if any progress had been made about the current juvenile detention costs to the county.
Currently, “The juvenile would have to have committed a very serious crime,” said Sheriff Bill Martin, if he or she would be sent to the facility that the county pays for. He said that he is looking into a juvenile detention center in Johnson County for a pay-as-you-go system, rather than the current flat-rate-regardless-of-use system.
Sheriff Martin is in conversations with the director of juvenile justice for this area and plans to come to the commissioners with more information.
Solar Attorney
“We need to hire our solar attorney,” said Whisenhunt. “He will take care of the deal that went to court today and he will take care of all the solar negotiations for us.”
Beerbower made motion to hire him, mentioning the money that had been set aside for that purpose. The commission approved the motion.
At the end of the meeting a concerned citizen spoke up on issue of zoning, asking, “are we going to set up deliverables, milestones, on this?” Kruger replied it is too early in the process, and that they need more information before answering.
Citizen said he is worried their progress will stall. He then asked what tools the county would use to initiate these zonings.
Kruger replied, “I don’t want to infringe at all. I want to protect everybody,” and said the commission will present their conclusion to the public before voting.
Kruger also said the commission would be looking at several drafts before finding the right answer, and that would be a great time for the public to come in and have their say.
Beerbower is confident that Bob Johnson, the county attorney, will be a good resource to help, as he’s done it for several other counties.
The citizen thanked the commission for their transparency.
Ft. Scott Community College came to Fort Scott City Commission last week to obtain a letter of support for a house-building grant they are applying for. The application is due February 14, 2025.
Sonia Gugnani, Vice President of Academic Affairs and Rory Chaplain, Associate Dean of CTE and workforce development spoke to the commissioners on Feb. 13 in a special meeting.
Gugnani told the commission that Fort Scott Community College is applying for the Frame grant through the Department of Commerce for community and technical colleges in Kansas. It’s a construction trade grant. The total amount available is $2million, with awards ranging from $250,000 to $1 million per award for those who qualify. This grant is to be used to build 4 houses in the next 2 years, with the first 2 either being renovated or built in the first year and proceeds from the sale of those properties used to build another 2 houses in the next year.
However, the grant money cannot be used buy the land or create the infrastructure needed for the houses.
Gugnani told the commissioners that FSCC wants to collaborate with the city to benefit students and residents of Bourbon County. She asked the city to donate land to build houses on. These houses would be 1100 to 1500 square feet with 3 bedrooms, 2 baths. The Bourbon County Housing Assessment study by Regional Economic Development Inc. (REDI) in 2022 showed there is a need for these kind of houses in Fort Scott.
It would give our students work alongside the contractor and give them an opportunity to give back to their community, said Gugnani.
Chaplain explained that their aim is to build houses in the $185,000 to $225,000 range, so they “feel like it kind of needs to be more of a subdivision, rather than infill,” because the goal is to perpetuate the grant by continuing to build and sell homes. This will give students the ongoing opportunity to learn building skills. Homes must be sold within 180 days of completion.
They are hoping to build a neighborhood, according to Gugnani. The problem with using the renovation option of the grant, is that the department of commerce says they (the homes) must be uninhabitable to qualify.
Commissioner Katheryn Salsbury asked if the school could work with the land bank, which keeps the city from having to build all the infrastructure on a neighborhood plot of land. “It seems to me like that would be a better route,” she said.
Chaplain explained that the issue with using land bank properties is the difficulty of getting a clear title. “The Frame grant allows us to do more, as far as scale. We want to get a bigger return up front before working infill lots.”
Regarding the need to add infrastructure, he said if the land has water and sewer, that could spur on other builds from other contractors.
Gugnani also pointed out that the lots need to be adjacent to facilitate student’s working, as they are bussed over from their schools.
Commissioner Tim Vanhoeke verified that the school does not already have a parcel in mind, and asked how much FSCC is putting into the purchase.
City Manager Brad Matkin explained that the city would purchase the land and gift it to FSCC. As for infrastructure, the city would do it. He said that committing to a certain dollar amount of land purchase money is all the grant application requires.
Commissioner Tracey Dancer said he is not supportive of the city being a land holder or of city tax payers paying to supplement another taxing entity’s acquisition. FSCC already taxes residents of the city and, “the idea that the city tax payers would then pay again, more, to then supplement the community college’s budget. I can’t support it.”
Chaplain responded that FSCC is not asking for more taxes. “The point of the grant is to bolster housing and then also the training for the skills gap…and then also the economic development.”
Gugnani said it’s about whether or not they can include the city’s support in their grant application.
Commissioner Matthew Wells said, “You gotta look at the benefits vs. the cost. One of the benefits that this would bring, specifically to the school, is that if they can get this grant and invest in it now, then in the third and fourth year, they’re going to have the money….this is something that allows them to sow in to doing the land bank properties later.” If they go after the land bank properties right now, they’re not going to make enough of a return to make this particular grant viable for the long-term probability of the program to be able to benefit the city.19:14
Matkin suggested the city buy a 10 acre plot, give 4 to the school to build on and sell the rest to developers to recoup the costs of the city’s initial investment.
Katheryn Salsbury mentioned that at the last city commission meeting they discussed the need for properties in the $60,000-$70,000 range. “I wish that’s what we were doing here….are there enough people in the area who can afford housing these houses that are $125,000 plus?”
Chaplain said that based on housing study and realtors they’ve spoken with, the range they are aiming for is the most popular ask.
Vanhoeke asked what number FSCC wants the city to commit to.
Chaplain replied they are looking at property in the $10,000-$15,000 per acre range.
Matkin said that while the city doesn’t have a 5-10 acre plot within city limits, but there are properties owned by others.
Dancer said he could support working with land bank properties. But reiterated his unwillingness to help another taxing entity (FSCC) by spending taxpayer dollars to buy property.
Matkin replied that FSCC isn’t asking for the city to help them with their budget, they are asking for a grant to give kids the opportunity to build houses. The grant provides material and tools.
Chaplain asked about the city’s economic development dollars.
Dancer said it was already designated. Wells disagreed, saying they had “over $100,000,” and Matkin mentioned land bank money as well.
“We are not looking for 8-10 acres, that was just an idea for the city to recoup the costs,” said Gugnani.
Commissioner Dyllan Olson said the city has to grow. “If your saying investing $100,000 to get more than $2 million in return is a bad investment, I would have to disagree with that.”
Wells pointed out that at the end of the day the city would get 4 taxable properties that would pay back into the city coffers in the form of property taxes for the foreseeable future. He said that by spending $30,000 for 2 acres for the school to build houses on, at current tax rates, the city would recoup their investment in less than 10 years.
Olson said the land bank lacks properties with clear titles that would be viable for the school’s project. Title insurance won’t be available for at least 10 or 15 more years, while the land bank works to clear up the titles.
“We need to make sure were are building the place that we able to sell it so we can recoup the money so that we can continue this project…Building is one part of it. Sustaining is a bigger part of it,” pointed out Gugnani. She said that all the profits of the sale of the houses are rolled into building the next house. FSCC cannot keep any of the money.
Vanhoeke said he was opposed to putting any monetary support in a letter of support from the city.
The City of Fort Scott, REDI, Bourbon County Foundation, and USD234 have all been asked for a letter of support, per Gugnani.
Wells made motion: Because it’s Fort Smith Community College and would provide benefit to our city, provide employees that know how to build, “I’d be willing to offer up at least $30,000 from the economic development fund to be able to purchase land to donate to the school in order to get this program going, just based on the return that we’re going to see.”
Motion was seconded by Olson.
It failed to carry due to Dancer, Vanhoeke, and Salsbury voting against it.
Dancer then made a motion for a letter of the support to include infrastructure, but with no dollar amount or acquisition of property.
Olson asked if the city manager could then look for properties.
Dancer then retracted his motion.
“We have 25 years of not having new housing,” a concerned citizen addressed the commission, saying that the community serious has housing issues and has voiced that they are desperately looking for new housing. “All I ask is that you take the time to consider… that they [community] are looking for some new options to be able to stay here in Ft. Scott. Our population is continually declining. If we don’t make some sort of a move in some direction, I’m afraid that that decline will still continue.”
Salsbury tried to bring the commission to a decision saying they want to support FSCC, but without a dollar amount.
Vanhoeke said dollars should be used to incentivize contractors to rehab or build infills, not fund FSCC’s plan.
Matkin asked what the difference is between giving financial help to a developer (which he predicted would be asked for in a future commission meeting) and buying land for FSCC to build houses on, because it’s a grant they are going after, it’s not benefiting FSCC, but the tax payers by putting houses on the tax rolls.
It’s beneficial to the people who live here and attracting people who commute here. The students who live here in the county, help the community, take pride in it, will be building the houses, pointed out Gugnani.
Wells said there are more than 2,800 commuters to Fort Scott who want to live here, but they want new homes, so they buy them in other cities.
Dancer said that due to the short notice, he is disinclined to commit to support in a monetary amount. “The public has not had a chance to consider this, to contact their representatives…”
Chaplain apologized for the last-minute nature of their meeting, but said regarding helping FSCC and developing housing in Fort Scott, “I don’t think that should be anything new as far as what the idea is.”52:08
Wells made the motion, “that the city write a letter of support saying that we will donate land for the building of the four houses and help with the infrastructure that is needed in order to get the grant.”
Olson seconded.
Dancer wanted to clarify that the city is committing to donate the land by the Aug. 1, 2025 grant start date, “whether we have it currently or not. So sometime in the next 5 months we would have to find the land, or acquire the land, or have it donated.” He expressed concern about urgency driving prices of the land up.
The north wing, east side of the Bourbon County Courthouse.
The commissioners spent a good portion of this week’s meeting discussing the technicalities of the sale of tax-foreclosed properties.
The county currently has properties going back to 2020 that would be eligible for a tax sale. The commissioners spoke with attorney Christopher McElgunn with Klenda Austerman, attorney’s at law.
McElgunn explained the service his firm offers to counties with properties that are in tax foreclosure. They will handle the entire process “from soup to nuts,” he said. His firm will contact the property owners whose taxes haven’t been paid and notify them of the county’s intent to sell them, should the back taxes and fees not be paid.
He said their primary goal is to get people to come in and pay their taxes before foreclosure. He gave information on several issues to the commission, including that only owners and mortgage holders have the right to try to have a tax sale of their property set aside by the court. In order to do that, the owner must be able to show they weren’t serviced properly with notice of unpaid taxes.
McElgunn also said that in tax foreclosure the county doesn’t give any warranties. The property deed comes from the court. For that reason, anybody who buys property at a tax foreclosure sale takes it with notice of all defects and it becomes the buyer’s issue.
McElgunn also said that he has been doing this job for 30 years, and in the last 15 years, he’s had 3 set aside motions filed and his firm won all three of those.
In discussing the county’s liability regarding these property sales, he said that the county has no obligations coming out of that tax sale after that property is sold, as a matter of law. If somebody comes in and says they weren’t served with process and they are able to get the sale set aside, the bidder gets his bid back, but the owner must pay all the back taxes and costs at that time.
McElgunn said that his service starts the lawsuit, making an initial filing for all the parcels that are eligible for foreclosure that year. They collect tax roll information and serve those people first to give them time to pay their back taxes, fees and costs on the property. In the meantime they get the title work from the title company, and add all the parties that the title work reveals to the lawsuit, serving them notice. Next, they make a showing to the court that they’ve made a reasonable attempt to locate them. That’s enough to withstand any type of challenge after the sale.
Commissioner Brandon Whisenhunt said, “We’re several years behind on having our tax foreclosure services even caught up, I believe. So we are looking for a way to start having these auctions and getting these back taxes.”
The county has approximately 180 tax foreclosure properties going back to 2020 and before.
McEgunn said his firm charges a per parcel flat fee of $300-350 per parcel which is added to the amount the owner must pay to redeem the parcel. These services create an incentive for the owners to come in and pay all the taxes and interests, attorney fee, title company fee, and court fee.
Once properties are sold, the proceeds go into paying remaining costs. If there’s not enough to pay the attorney’s, the attorney fees are reduced to whatever is left to pay, passing the cost of the foreclosure action to the property owner, rather than the county.
He said that properties which don’t sell can be brought back up at a later date. They stay pending if they don’t sell at the sale, but they can be rolled into the next year’s sale. Alternatively, the county can also sell it as a private sale.
McElgunn agreed to come to a Fort Scott Land Bank meeting, followed by the county commissioner meeting on Feb. 24 to answer any further questions.
The commission tabled the issue until that in-person meeting, Feb. 24
Hospital Equipment Disposal
Commissioner Leroy Kruger brought a list of 10-12 items from Freeman, but there’s more that’s been collected from throughout the hospital. Upon speaking with the county attorney, Kruger suggested holding an auction to sell what can be sold before donating the rest of the unwanted items to a non-profit.
Kruger said the items range from hospital equipment to desks, chairs and fixtures. Some of the equipment is outdated and obsolete.
The commission voted to have Kruger continue working on equipment disposal by finding an auctioneer and date to hold the auction.
Public Comments
Clint Walker on Flags and Dispatch
Walker told the commissioners that the American flag, Kansas State flag, and POW/MIA flag are the only three that should be on a county building. They should have a light on them at night and in rainy weather and not be flown when they get ragged.
Regarding dispatch, he asked if the city [Fort Scott] pays for it’s prisoners when held in a county jail. He advised the commission to make sure it’s equal both ways for county use of city resources and city use of county resources.
Michael Hoyt on Elections.
When spending time in Topeka for county government day, he had conversations about holding a special election for the two new commissioners. “I don’t think anyone within the state would give a legal opinion to just anybody as to how to proceed,” he said. The Secretary of State is in charge of state and federal elections and local elections are left to local officials. The county elections officer is in charge of conducting them, but not in charge of making policies or procedures.
He urged the commissioners to move quickly, as the new districts leave large sections of the county unrepresented, based on the new maps. We should move ahead so that at the latest we could have the new ones seated by Jan. 1. 2026, he said.
Kruger asked, “If there is a chance of wrong doing or legality, in your words explain to me the rush to doing it right now as opposed to doing it in the regular cycle.”
Hoyt replied, “My only concern is mixing the partisan with non-partisan.” And went on to ask who would sue the county regarding the legality of a special election.
Kruger said the commission is accountable at the state level.
Beerbower said the reason he is opposed to a special election is that the parties pick people to run for the open commission seats, versus people picking people to fill the empty seats in a primary and then general election cycle.
“I think it would be beneficial to having the people pick these people, rather than a party,” said Kruger.
Hoyt and Beerbower agreed.
Budget Meeting Decisions
Susan Walker, County Clerk, asked the commission how they would like to handle the budget process, commenting that meeting usually being in March.
Whisenhunt said he would like to start earlier and have more time to work on it, saying the commission should notify departments to get their budgets together and then start work sessions with each department head.
Kruger voiced the idea of face to face work session immediately after budgets are submitted to get the discussions off on the right foot.
Beerbower wants to have a commission work session first to decide what the commission wants the department heads to bring to the meetings.
Kruger said he is in favor of detailed reports for each budget.
Walker asked if they wanted a work session to better understand fund accounting. Kruger replied, “Anything that teaches us what we need to know for this job is what we need to do.”
The commission scheduled a work session March 12 at 2 p.m. open to the public.
Other business
No County Commission meeting will be held Feb. 17 for the holiday of President’s Day.
Whisenhunt talked with the commission about their upcoming work session scheduled for Feb. 19, saying that in light of winter weather, it may be cancelled. “I don’t want to put nobody in danger, trying to get here.”
He also asked the commission to look at the situation of Unique Road and 95th Street, which requires a decision. Unique Roa was closed, per county maps, in 1954. It goes 1000 feet past 95th St. beyond that is a house and the owner wants the road re-opened. That is a cost the county would incur, unless the commission chooses to use the state law that allows for telling the homeowner that he can build the road up to county standards first and the county will maintain it afterward. Whisenhunt asked commission to make a decision soon.
He also said that the commission is now “past our 2 and 3 hour long meetings,” and proposed changing the meeting format to a short business meeting every other week, followed by a work session, and hold full-length meetings in between.
Every Tues. at 7:45, Whisenhunt is on the radio. He asked the commission who could step in for him if he can’t make it. Both offered to cover for him.
Commissioner comments
Kruger mentioned their joint meeting the other night. It went well. “But what I appreciated more than anything was that everybody in the audience were our county people that come to these meetings…I want to applaud you guys for being there.”
Beerbower clarified that the work being done at entrance to hospital is not on county property. Wood is being cut for the use of the wood. It is going to be cleared by Legacy.
The north wing, east side of the Bourbon County Courthouse.
County Commissioners received input from Michael Hoyt and Shane Walker on how to conduct the election of new commissioners for the new districts in Bourbon County.
Michael Hoyt began the public comments portion of the meeting by asking the commissioners what they are planning to do about the resolution made by the previous commission to hold elections for the added districts on April 18, 2025.
Commissioner Brandon Whisenhunt responded by saying that after talks with the Kansas governor’s office, they were told no special election is allowed allowed to fill the two new commissioner district position.
Hoyt claimed it may be possible to hold the election in April by a commission resolution. He mentioned that Jay Hall believes that the county could.
Shane Walker, Bourbon County Chief Operating Officer, commented from the audience that that was not the case, causing Hoyt to tell him he was there to address the commission, not Walker. Hoyt then left the table and ended his comments.
Walker came to the commissioners’ table to address the issue saying, “I’ll explain it so you guys can do it right so we don’t have this problem.”
He explained that in a meeting with the governor’s chief of staff and legal counsel, he learned that a law was passed in 2023 due to Potowatomie and Douglas county’s plans to have a special election to fill their new commission district seats.
Jay Hall, Shalenberger, and attorneys met with county officials. They told county officials that if they go by the letter of the law, the election will hold up in a court case, but that holding a special election with candidates chosen by the leaders of the Republican and Democrat parties would render the election invalid and open the county up to being sued. Because there are no current commissioners for the two new districts, they are not considered vacated positions.
“We don’t need sued. We do things legal for a reason….The old law doesn’t get struck, but this [new law] supersedes it,” Walker said. “The recommendation from the highest offices at the state absolutely say that we need to do it as a standard election.”
With current election situation, the new commissioners would enter their positions in 2026 and hold office for one year, terming out at the same time as Whisenhunt. However, the commission could choose to have one of the new commissioners hold a three year term that would coincide with the two commissioners elected in 2024, Dave Beerbower and Leroy Kruger, while the other new commissioner’s term would end with Whisenhunt’s. The purpose of this law is to keep the commission from having a super-majority of four commissioners running for office every four years and only one commissioner on the opposite two years.
If commissioners are elected contrary to current state law, and the county is sued and looses the suit, all the actions taken by those commissioners would be subject to that lawsuit.
Walker agreed with Hoyt that a special election would be good, so the new offices are filled quickly, but state law does not allow for that.
The commission took no action at the meeting, but acknowledged the need to change the previous commission’s resolution for an April 18, 2025 election as well as look further into the matter before making another decision about the election.
Kruger, referring to the interruption and outburst between Hoyt and Walker, “We’re not going to go back to the old ways of the old commission…I want to do a good job of getting away from the negativity and get back on board with having these meetings done correctly.”
Talking about how to conduct a meeting according to the rules of order, Beerbower pointed out that when someone fails to follow those rules, a point of order should be called to rectify it and the chairman (Whisenhunt). Whisenhunt agreed and apologized for not keeping order. Beerbower acknowledges that this is only the commission’s fourth meeting and everyone is still learning.
Public Works Report
Eric Bailey, Public Works Director, came to the commission with a department update including monthly culvert reports.
“We have developed a safety committee at public works with a chairman, vice-chairman and secretary as well and then all of our lead people are on the Safety Committee at this time,” he said.
His department is in contact with KWorks, awaiting the return of the contact person there to continue with the committee’s work and get answers about OSHA training.
The committee has a book they are following to get some safety policies and procedures started as well as some training. The committee will meet the first Wednesday of each month at 7:30 at the public works building. However, the February meeting will be on Feb. 12, due to a conflict with other training regarding working at the quarry, which the public works employees will be doing Feb. 5.
Bailey also told of the Southeast Kansas Regional Planning Commission creating a comprehensive safety action plan for several counties in the area, including Bourbon County. The purpose of the plan is to identifying solutions along the region’s street system to eliminate fatalities and serious injury crashes. They are holding an open house Wednesday Feb. 19 from 4-7 p.m. at Buck Run Community Center.
“I encourage everyone to swing by. There will be no presentation, it’s just kind of come in and look at what they have so far.”
He also encouraged everyone to fill out the survey on the SEKRPC website at https://sekrpc.org/ .
Bailey also said that his department will have a meeting with FEMA on Feb. 7 at 11 a.m. and he is working on getting quotes for roof replacements on Elm Creek Lake shelters.
Beerbower asked for a list of what’s needed to repair that area of the lake for the two volunteers who have contacted him to work on it.
Bailey also suggested using individuals sentenced with community service could help as well.
He said that crews are now picking up limbs felled by recent storms as well as grading gravel roads damaged after all the freezes and thaws. The ditch north of Tomahawk on 125th being repaired after the rains.
Hospital equipment disposal
Kruger, who is the commissioners’ contact for Freeman Hospital said that Freeman wants to know what the county would like to do with the equipment they have no use for. Freeman has a contact for donating it to third world nations that cannot afford to purchase new equipment.
Beerbower and Whisenhunt agreed that donating it would be a good solution. Since it’s taxpayer owned, they need to dispose of it properly. Most of it outdated or not in good working order.
Whisenhunt asked Kruger to get a list of the equipment.
County Clerk Susan Walker mentioned there is a state statute which addresses the disposal of county property, but that a memorandum of understanding to be reviewed by the county’s counsel is also in order.
The issue was tabled for now.
Commissioner comments
Kruger reminded all that the meeting with city commissioners will be at The Empress Center at 5:30 on Feb. 6, 2025. No county business will be conducted, but it is a work session.
Beerbower said Elm Creek Lake has some great potential. His only reservation is having a rock quarry out there too. He wants to study efficiency of the county owning a rock quarry.
Whisenhunt choked up a bit and said he had a request from youngest daughter due to tragedy at school last week. “She wanted me to remind everybody to stay off the frozen water.”
“Amen!” was the response of several folks present.
Bourbon County will change from a three-district county to a five-district county in 2025.
In the fall of 2024, citizens collected signatures on a petition to add the change to the ballot in November. Even though they were unable to get the needed number of signatures in the time required to add it to the ballot, the County Commissioners approved a resolution to put the matter on the ballot.
In the November 2024 elections, a majority of voters approved the change.
Bourbon County Deputy Clerk Jennifer Hawkins said that the election office is currently switching everyone over to their new districts. Those districts are based on maps approved by the previous county commission.
Anybody interested in running can pick up a packet at the County Clerk’s office at 210 S. National Ave. Any registered voter living in the district he or she wishes to represent may run for commissioner, according to Jennifer Hawkins, Bourbon County Deputy Clerk.
The deadline to turn in completed candidate packets is noon on Monday, June 2, 2025.
The north wing, east side of the Bourbon County Courthouse.
The Bourbon County Commission voted to bring Sheriff Bill Martin’s pay up to $75,000. This was to correct the lack of pay raise passed in the Jan. 20 meeting.
Commissioner Leroy Kruger had received feedback from citizens that Sheriff Martin has become the lowest-paid elected official. He opened the discussion, saying that Bill was under the impression that a $5000 raise was budgeted for him and he should have at least that much.
Commissioner Dave Beerbower said, “I’ve been opposed to these big increases in salary over the last couple of weeks.” They may be deserved, but it’s more about how we get them there. In the initial resolution, the other elected officials were getting a big increase to their base salary. The sheriff was already at a higher rate than them, as his position warrants, and was going to receive an 8% raise. Now, after the revision last week, that brought the raises of the other elected officials to about 26% from the base salaries. “I would like to see it staggered, but we didn’t do that,” he said.
Average salaries for sheriffs in Kansas ranges from $75,000 to $100,000, per Beerbower’s research. He went on to say that if the county raised him about 26%, “like we did the others, that would raise him to $75,600 and that would put him at the bottom of that scale for the state.”
“I’m not opposed to him getting a raise at all,” said Commissioner Brandon Whisenhunt.
A citizen asked if there’s enough room in the budget for the salary increase.
“In the original resolution, there was money set aside for the increases that they originally asked for and then we lowered that last week,” said Beerbower. So there is money out of that that still would be available to increase him more than the $5000.
“Sheriffs are typically the highest paid in most counties,” because of the risks inherent to their positions, Beerbower also said.
He went on to explain that there’s at least $30,000 left after changing the resolution from the original request of $70,000 for each position (clerk, register of deeds, and treasurer) to $60,000.
Beerbower moved to increase the sheriff’s salary by 26% to $75,600.
Whisenhunt moved to raise the sheriff’s salary to $75,000 and give a $5,000 raise to the EMS director. Beerbower seconded. The motion passed unanimously.
Susan Walker, County Clerk said she would start a new salary schedule next week.
During the public comments section of the meeting, Clint Walker spoke to the commission about solar and open government. He advised them to slow down and not make hasty decisions. “Do your research and make a good decision on things.”
“My specialty in the military was nuclear, biological, and chemical, so I know a little bit about this stuff and have dealt with this stuff,” said Walker, when referring to lithium batteries as part of using solar power. Lithium batteries can be dangerous, but many businesses in the area use solar. If solar is so dangerous, why do we use it in so many places? He asked.
He reminded the commission that county agreements need to be consistent, saying that a projected $4 million in tax income was to come from solar businesses over 10 years. “I’m sure that y’all will figure out and find a business to come in and make up that $4 million in taxes.”
County Clerk Susan Walker brought some end-of-year reallocations to the commission for approval. These were due to late invoices and a major issue with an accounts payable that never posted to the general ledger.
The two funds involved were the Appraiser fund and Sheriff’s fund.
In order to keep within the bound of both budget and cash laws, the commission was asked to reallocate from the sheriff’s fund to the general fund for $52,325.45; and from the appraiser’s fund to the general fund for $4,500. She explained that if the commission didn’t reallocate these amounts, they will have a budget violation in both the sheriff and appraiser funds.
Walker explained that the sheriff and appraiser had enough cash to cover the expenses, but not enough budget. They must follow budget law and cash law. There should have been a budget amendment done at the end of the year, had the issue been known.
Walker explained that this is a 2024 matter. “I need to know if, in the general fund, in 2025, if you want me to move cash from these two funds to the general fund so that you recoup it. It’s two separate issues, budget and cash,” she said.
At the end of the year [2024], the clerk asked each department if they needed an increase in their budgets, but received no response.
Walker has offered to create a purchase order system so that the expenses are encumbered on the date of service or purchase, rather than each department having to collect invoices. “It helps with these kinds of things when you get down to the end of the year.”
Whisenhunt made motions to reallocated the expenses as listed, Beerbower seconded and it carried unanimously.
Discussion is expected regarding budget as the year wraps up.
After conducting two separate executive sessions about non-elected personnel, Whisenhunt announced: “We are going to hire a new county counselor today. Bob Johnson from Iola.” The vote was unanimous.
Terry Hallsey, EMS director, asked the commissioners for permission to start getting bids for new ambulances. It will take 3-5 years to get the actual ambulance. The current new one took 2 and a half years to obtain. Commission approved the hunt for new bids.
Whisenhunt addressed the issue of meeting decorum, asking that when the meeting is in session, those in attendance and the commissioners please turn cell phones to silent to avoid distractions.
Whisenhunt also introduced a noise ordinance discussion he had been receiving calls on. Some folks in the north east part of the county building bitcoin mining computers that require diesel generators. Citizens want it quiet after 10. The county currently has no noise ordinance. Commission suggested asking the new county counselor about possible steps.
Kruger said that historically it won’t be something easily done.
Commission approved a resolution setting legal descriptions for the five commissioner districts. These districts have already been settled when the maps were chosen at the beginning of 2025.
The election for districts 4 and 5 will be the Bourbon county 2025 general election.
Primary election dates: June 2, candidate filed deadline of noon.
July 15, deadline to register to vote or update registration.
July 16, advanced ballots by mail
July 28 – Aug. 1, early voting at the courthouse from 8:30a.m. to 4:30p.m. Aug. 2, is 8a.m.-12p.m., Aug. 4 is 8:30a.m.-12p.m.
Aug. 5 is primary election day from 7a.m. to 7p.m. at your normal polling place.
Polling place changes will be mailed out to everyone.
Commissioners selected the board seats and advisory positions they will serve on this year.
Beerbower: Juvenile detention, senior citizens, health department
Kruger: Fair board, REDI
Whisenhunt: Bourbon County Conservation district
During commissioner comments, Beerbower brought up Michael Barnard volunteering services to repair the Elm Creek Lake Shelter House. Beerbower and the other commissioners plan to ask the new counselor about liability, so the county can move forward to use Barnard’s services. There may also be FEMA money available and a state grant to help fix the dam.
Kruger had a juvenile detention center question for Beerbower to ask when he meets with the juvenile detention board. He said that when he (Kruger) was in law enforcement, it took a judge’s order to send a juvenile there. With the rate for that bed being so high and a potential system in play in here in town, is that something that we need to keep holding down money for. “It’s a very big expense for something we rarely, if every, use.”
Kruger also said, “I want to thank everyone for having patience with us,” as we learn how to do this job. “I appreciate everyone sticking with us.”
Whisenhunt wrapped up the meeting saying, “I want to try to bring some fun back into county politics.” He then suggested a youth day, where selected youth come and try to do commissioner jobs for a day.
Most of the first hour of the meeting was discussing salaries of elected officials and was reported on in an earlier story on Jan. 21.
The north wing, east side of the Bourbon County Courthouse.
After returning from a 5 minute break, the commission approved the resolution on flood plane management, the public hearing for which was held at the last meeting on 1/13/25.
Commissioner Dave Beerbower then made a motion to meet himself with public works to see their plan and come up with ideas to share with the commission regarding any changes they could make with road treatment during inclement weather. This was to take the place of the idea discussed at the Jan. 13 meeting of the whole commission having a work session on the topic. Commission approved the motion.
During the Public Comment portion of the meeting, J.D. Hanley, Osage Township Trustee and culvert supervisor for Bourbon County Public Works, expressed appreciation for professionalism on the part of the commission. He said he was not speaking to the commission as trustee or culvert supervisor, but as a citizen of Bourbon County.
“You are a huge breath of fresh air,” he said. He went on to say that the community is looking to the commission to make the county better. You have the opportunity to decide if you want to be a politician or a public servant. This choice will show in every decision you make. Please ask yourself, “Will my decision be in the best interests of Bourbon County?” Establish your purpose as being a public servant. Let your goal be to bring unity back to our community. Please let all members of county government treat one another with respect. It’s the commission’s job to get into the various department’s business and ask questions. Citizens should communicate directly with their commissioners, not use Facebook to broadcast the county’s differences and short-comings. Thank you for including God back into the commission and the dealings of the county.
Next, Zach Ross, former deputy, came to speak as a tax payer. He expressed concerned about the new position of Sheriff’s advisor. Sheriff Bill Martin entered the meeting to address Ross’s concerns. he said that the new advisor, Brian Murphy, is the former sheriff of Allen County with more than 30 years of experience. He knows how to deal with commissioners, the public, budgets, employees, etc. He is going work full time, on the road and taking calls.
Martin said, “There’s nothing wrong with hiring advisors” to help him with his job, citing that many people in the public and private sector use advisors. He also stressed that he has an open-door policy for anyone to come discuss questions or problems with him.
Ross expressed concern that the money for the financial advisor and advisor to the sheriff could be used to increase the pay for deputies and fill open positions.
“In the state of things we are in the county I agree the advisement may be needed, but is this the time and the place to spend the $80,000?” he asked.
Nick Graham, also addressed the commission during public comments, saying, “This may not have been the best first week for a new county commission, but we are glad you are here. I hope you take it as a learning experience and keep moving forward. You are the first county commission in the 20 years I’ve been in politics that is here for the right reasons.”
Brad Matkin, Fort Scott City Manager invited the commissioners, clerk, appraiser, and whomever the commission sees fit to bring, to a combined county/city work session on Thurs. Feb. 6 at 5:30 at Memorial Hall in Ft. Scott, with supper and drinks provided by the city. The agenda for the meeting will be made public. The public are welcome to attend and the meeting will be live-streamed on Facebook.
“This is something we’ve got to do. We’ve got to be on the same page,” Matkin said. “We’ve tried in the past but it didn’t work because of egos, but that won’t be the case this time.”
Matkin went on to encourage the commission: “I appreciate you guys doing this [serving as commissioners]. You need anything from me, you ask me.”
“Do not use the rumor mill,” he said. “If you use Facebook to determine your way of managing here, it’s not going to be good.”
Shayla Snider addressed Pike Lake Reservoir project, asking the commissioners their positions on the issue.
Whisenhunt said he is “150% against the reservoir project. I’ll do everything I can to make sure it doesn’t come back.”
Kruger said he didn’t know enough to speak on it.
Beerbower said he’s been against it from the beginning. It wasn’t operated properly from the beginning, and includes a cemetery. “I believe in property rights for the property owners.”
Michael Hoyt asked about moving forward on the change to 5 commissioner districts. He was told that legal descriptions of the new districts are needed before the maps can be published.
Hoyt suggested that the county not ask for permission for a special election, but “ask forgiveness after we do it.” He is concerned that by doing it the state way, we will mix a partisan election (city, school board, college) with a non-partisan election (county commissioners). he recommended getting the party officials of both Republicans and Democrats to solicit for names for the positions and just have the election.
The commission held executive sessions to talk with County Counselor Candidates Matthew Bonner, Jacob Bylanumburg. Another executive session was held for the commission to discuss the hiring of one of the three candidates they spoke with to be the new county counselor.
Beerbower made the motion to hire Jacob Bylanumberg for County Counselor. Whisenhunt seconded. The motion passed with Kruger opposing.
A representative of Kingbird Solar Energy, LLC came to ask the commission to terminate agreements made with the county in 2024 so the company can start fresh working with the new commission. The development agreement, decommissioning agreement, and road and maintenance agreement were all terminated by the county.
2024 end of year review and financial transfers with County Clerk Susan Walker was next. The review will be published, per state statutes.
First, the County Sheriff’s account was negative $10,000 for cash. The Commission needed to move money to pay accounts payable from either the jail sales tax or general fund.
Whisenhunt moved to pull it from the general fund, and the commission approved.
Walker said that funds that did not hit the targeted budget carryover were Election, Road and Bridge, Landfill, and Sewer Repayment, which means they have to cut their budgets by the amount they are short.
She explained the financial report to the commission, saying that they would receive an email report each month.
Bourbon County will pay Freeman all of the EMS taxes collected, per their agreement. Michael Hoyt pointed out that the vote for the sales tax was to pay Freemen once the emergency room is opened, and Walker agreed with him. However, the agreement the county made with Freeman means they will be getting all the revenues from the EMS tax starting now.
Kruger spoke with Freeman, and they mailed the signed agreement on Monday. “I do have a copy of that signed agreement on my phone,” he said.
Budgets categories that went over at the end of 2024 were: Commission by $9,000, Clerks by $5,000; coroner by $32,000, juvenile detention by $7,000, and courthouse general by $9,000.
Walker said the commission has $541,000 left in their budget remaining. She said this is because every department not listed as going over held the line and didn’t overspend. They deserve a thank you from the commission “because they are the one’s that are truly trying to make a difference and only spend what they have to.”
Whisenhunt made a motion to move $20,000 to cover overages from the sheriff’s department.
Commissioner comments:
Kruger: Freeman had first board meeting at the hospital last Friday. “Everything is a go out there.”
Whisenhunt: “This commission is new and we will stumble, but we will find our feet.” Give us a brief grace period. We are getting training. Please contact us directly for answers to your issues and questions.
The north wing, east side of the Bourbon County Courthouse.
After starting the meeting prayer after the pledge, a new addition by the new commission, Bourbon County Commissioners spend more than an hour in salary discussions with County Clerk Susan Walker.
Walker began her remarks by giving a brief history of her positions at the county. She was hired in 2022 to assist department heads and county officials as CFO. She stayed in the position, despite the tension it cause because she cares.
“I’ve devoted 20 years to public service, and plan to continue doing just that,” she said. “I ran [for county clerk] on transparency and respect and plan to continue just that.”
She went on to explain that there were many issues with how the county was processing employee pay and benefits as well as tax and insurance problems when she was hired as CFO. Budget and cash basis laws were violated. The county was paying sales tax, though it is an exempted entity. Walker also worked to get the county reimbursed for utility bills. Payments the county owed were not paid on time, causing penalties and grant paperwork was not filed in a timely manner, causing the county to have to pay $38,000 back to the federal government.
Bourbon County’s first clean audit since 2017 was when Walker came on board in 2022.
She said that the salary schedules from the Jan. 13, 2025 meeting needed more discussion, but it wasn’t her place. She explained that $65,000 was budgeted for each elected official’s position, and the dissolving of the position of CFO made the funds available to cover the cost of the increase in pay.
During the budget sessions last summer, a commissioner agreed to fund every department as requested, except the County Clerk, and $26,550 was moved from the clerk’s budget and added to the commission’s budget. The clerk was told that the new commission could move it back if they wanted.
“I’m asking these funds be moved back to the clerk’s budget,” she said. The extra $20,000 to get employees to the $70,000 that was requested would come from employee benefits as, “we’ve had extra savings due to all the changes that we made last year.”
Walker said she ran for County Clerk because she was given to understand that the CFO position was going to be dissolved, though that was the place she always wanted.
Walker refuted statements about county employees not getting raises with a list of departments that had received extra funds for those raises in the last 2 years.
She also disputed the statement that the county is broke. “We have spent down $1.2 million in cash reserves by lowering taxes but not cutting spending…Cutting spending does mean cutting services even though some do not believe this statement.”
Walker concluded her statements saying, “I want to be a part of the solution to get the county back on track. That is what I was hired to do and that is what I will continue to do…the question is, ‘in what capacity does the commission want me to be in?'”
The commission proceeded to revisit the salary schedule approved at the Jan. 13 meeting.
Commissioner Leroy Kruger apologized for “acting hastily” regarding the new salary schedule in the last meeting and said he wanted to rectify that in the current meeting. He then moved to repeal the raise increases and open them back up for conversation, which the commission approved.
Kruger said that after looking into things and fielding many calls, emails, and texts, he would like to see that those elected officials not at the $58,600 mark be brought up to “at least that if not just a little bit more of a bump to $60,000.” That way if the bill regarding wages which is currently being held up in court does pass, the county is on track to not have to pay back-wages.
He wants to hold off on raises for everyone else until next year and then revisit it annually.
Commissioner Dave Beerbower said that his research shows that in 2019 a salary of $47,428 was approved for the county clerk, register of deeds, and county treasurer.
He commented that previous commissions had the opportunity to increase that and that a 4% increase per year is the corporate average. If that had been compounded over the last 4 years, the current pay rate would be $60,000. He doesn’t think it should all be done in one year, however, and suggested starting now with 4% increase as more reasonable step.
The other part of the salary issue the commission discussed was payment for extra duties, some of which is mandated by law. Currently, budget, payroll, and benefits, are extra duties of the clerk, not mandated by law as part of the legal description of her position. These duties were performed by Walker when she was employed by the county as a CFO. However, that position was dissolved by the last commission, which is part of why Walker ran for County Clerk.
Kruger said that he had spoken with member of other county governments and most of them do pay extra for those duties.
Commissioner Brandon Whisenhunt said, “We gotta look and see how much it would cost us if the clerk wasn’t doing those. I mean, if she’s asking for an extra $20,000 but she’s doing $9,5000-worth of work on top of her regular clerk duties… The only elected official that can do those jobs on a day-to-day basis is the clerk.”
“If the clerk doesn’t…help us with it, then that’s our job,” he said tot he other commissioners.
Beerbower agreed that it makes the most sense for those duties to be part of the county clerk’s position.
The clerk also serves as the election officer for the county, which duties are compensated at $10,000, per state statue.
A document showing salaries of clerks, register of deeds, and treasurers in counties of comparable size, population, and valuation was passed around for the public in attendance to see. This document had been provided to the commissioners at the Jan. 13 meeting.
The $47,428 current salary and no raises given under last commission, puts a big gap between what other counties pay for the same positions and Bourbon County’s current payroll.
Beerbower said same discrepancy exists on all levels in the county.
A citizen attending the meeting spoke up and said there’s no good fix to the situation the commissioners inherited. Even if they do a 4%-per-year raise they will continue to lag behind comparable counties and the next commission will inherit a similar mess to what they are dealing with now.
There’s not been a salary solution for at least four years, said Lora Holdridge, Register of Deeds.
The 2025 budget approved by the previous commission, which included base salary rates of $65,000 for the sheriff, register of deeds, and county treasurer, but not the county clerk, was not revenue neutral.
Beerbower asked how the county will get back to revenue neutral.
Walker listed insurance rates, both liability and health, as the main reason for the increasing county budget.
She explained that assessed values will either stay the same or come up a little. Not taking advantage of that in the county’s expenditures is how to stay revenue neutral.
She then reiterated that money for raises is coming from removal of CFO position.
Beerbower continued to point out that the rest of the county employees hadn’t received raises either.
Kruger stated that it’s up to the new commission to start fixing the issues of the broken system they have inherited, seeking fairness for the employees and the public.
There’s very few departments that have the ability to give themselves or their employees raises out of their regular budget without coming to the commission, said Walker.
Bigger budgets have lots of leeway to create raises in their department meetings.
“I’ve been drug through the mud on this. But I’m also standing up for what I think is right.” said Walker.
Walker also pushed the commission to make a decision, reminding them that she is running payroll this week and needs to know what to pay people.
Kruger: Get everyone to $60,000 Register of Deeds, County Treasurer and County Clerk. Everyone else stays the same. Also pay the required extra duties.
Beerbower said that payroll and benefits were done by the clerk before Walker was hired as CFO in 2022. Walker reminded the commission that the county was not in compliance with statues and had various other financial problems that she had had to rectify as CFO. Whisenhunt reminded that if the county is not in compliance with statutes for the county budget they can be written up in audit and can be fined.
Beerbower said of base salaries, “I don’t have an issue with increasing it to $58,600.” Then said he was “not opposed” to having another set of eyes look at the budget.
Whisenhunt weighed in with, “We need to do the payroll and benefits. I think if we do the $60,000 and the extras for the extra work, that gets ’em close. Then we dig through the budget and see where we can scrimp and save to start getting the other departments up to the level of the neighbors.”
“There’s room somewhere. We just have to figure out where we’re spending. I mean we’re a government, there’s lots of inefficiencies,” he said.
Beerbower made motion to set the salaries for county clerk, register of deeds, and county treasurer at $58,600 and that the sheriff, attorney, and county commissioner salaries stay the same; the motor vehicle and investment officer extra duty at $10,000 for the treasurer’s office; register of deeds $5000 for road officer, and the county clerk receive $10,000 for election officer, $6000 for payroll and benefits and table the budget, which includes financial review, to be discussed at a later date.
There was no second
Kruger made a motion similar to Beerbowers but with a base salary of $60,000 and extra duties as posted on the original sheet including $10,000 for extra duties of the clerk.
Whisenhunt seconded and the motion passed. Kruger and Whisenhunt: Yes. Beerbower: No
The commission took a 5 minute break 1 hour and 10 minutes in to the meeting so Walker could created a new salary resolution.
The north wing, east side of the Bourbon County Courthouse.
Two new commissioners began their duties at the Jan. 13th meeting, wrapping it up by voting unanimously for a 48 month moratorium on solar projects.
The new commission consists of Brandon Whisenhunt for District 1, David Beerbower for District 2, and Leroy Kruger for District 3.
The meeting began with a Flood Plane Management Public Hearing.
Brian Allen of Bourbon County Emergency Management explained that every time the federal government changes the flood maps, the county has to redo the resolution to allow those who live in the flood plane to have flood insurance.
Regarding the changes to the maps, he said that more territory went out than came in to the flood plane.
The new maps will be available for public viewing at the courthouse until the next commissioner meeting on Jan. 20.
The commission tabled the flood plane resolution until the Jan. 20 meeting.
Brian Allen also reported on a study from Texas A&M about the dangers of lithium ion battery fires associated with solar projects, but said he was still searching for information on panel fires.
During public comments, Pete Hornsby asked the commission to consider all the citizens of Bourbon County. He expressed faith in the commission.
Nick Grand spoke about the commissioners’ time. “I have full faith you’re going to do your jobs to the fullest…You got a lot on your plate,” he said. He encouraged them not to devalue their time in light of the importance of family and the brevity of life. Grand claimed that Bourbon County commissioners are already underpaid, compared to nearby counties and should consider, if possible, giving themselves a raise to previous pay levels or even above.
Theresa Davenport, president, and Corey Bryars, VP of the board of Care to Share gave an update to the county about what their organization has been doing to help cancer victims in Bourbon, Lynn, and Crawford Counties. They were not requesting anything from the county.
Board Members: Richard Long, Leah Lewis, Clay Campbell were also at the meeting. Clay Campbell gave a brief testimony of how much Care to Share helped his family during cancer. He joined the organization as soon as he was able to retire. He asked those in attendance to please consider volunteering and donating items to fundraisers. “It’s been a good adventure.”
Care the Share was founded in 2007. It covers Bourbon, Lynn, and Crawford Counties and is 100% volunteer based. Their mission is to provide friendship and support through emotional and financial assistance to cancer fighters and their care givers because we care to share.
Intake coordinators assess needs on an individual basis from financial help to physical help. “We want to help people financially, but we want to help them emotionally too,” said Davenport.
Davenport encouraged those present to volunteer in a number of ways. “Anybody can do anything.”
Care to Share now has a van and a ride coordinator, Dale Cathy. They also facilitate a cancer support group meeting four times a year. The next one is March 1.
Bryars reported that in 2024 Care to Share gave $100,000 back to the community, as they did in 2022 and 2023. He explained that means about 10 times per day, someone is having a need met by Care to Share.
Money is raised by donations and memorials. Largest donation was $5000, but the bulk of the $300,000 raised over the last three years was in small increments that “all add up.” Money also comes in from grants. “Timken threw a $70,000 grant our way last year,” Bryars said, earmarked for a mobile community stage, which Care to Share now has available to loan to the community for a donation.
He listed a number of fundraising events with sponsors, including FortFest, a golf event, and February Fling this Feb. 15 with a piano player who does Elton John- and Billy Joel- type tributes. He said they are hoping for more help alongside the city of Fort Scott to host events and performers from outside the area to bring in more funds as well.
Bourbon County is the largest recipient of funds from Care to Share and donations from the county match expenditures within it.
Because of God and the community’s help, “We’ve never had to turn anybody down,” said Davenport.
“We’ve given out over $1.6 million dollars back to the community since founding,” said Bryars. “$20 at a time. I mean, it’s hard for me to comprehend.”
Care to Share has moved into new office at 9 E. Wall and will have a community open house soon. They are open for walk-ins, Mon. Wed. Fri. 11-2. There is also Care to Share merchandise for sale and plans to have other vendors selling items with a portion of the proceeds benefiting Care to Share. Through subletting some of the space and donations, current rent for the space is costing Care to Share nothing out of pocket other than utilities.
The commission held three separate executive sessions to discuss non-elected personnel. They also spoke in executive session with County Counselor Candidate Bob Johnson. Who lives in Humbolt and has been practicing law for 28 years, and county counselor for 24 years. No other candidates for the position attended the meeting.
No action was taken to fill the vacant position.
The monthly report from public works included annual interim bridge inspections, mandated by KDOT, with 22 structures due for inspect. Commission voted, per recommendation to hire Schwab Eton to do the inspections as they have for the last 20 years for $11,025.
The Blake Quarry blast last week produced 47000 tons. They are now waiting for weather to cooperate to start crushing the rock.
There will be a FEMA flood followup meeting Thursday to get back on track after the holidays and get funding brought in.
Ice storm went really well as far as the county’s work goes, pre-treating for faster melt-off after the event with a salt gravel mix.
Regarding the snow storm dropping 3-5 inches of wet snow, which packed down and slicked up, the county was able to clear and plow the roads by the afternoon.
Whisenhunt mention an accident on Yale Road which brought up the question of having the county grade gravel roads in snow and ice. Beerbower suggested a work session to assess what the current plan and any changes.
The commission expressed gratitude to road crews for their hard work during the storms.
County Clerk Susan Walker spoke to the commission about a number of items. She mentioned that there are lots of statutes that the commission and other elected officials are governed by, and gave the commissioners a collection of laws that apply to commission for publication, public hearings, etc.
Susan Walker said Amy Kramer said the State messed up in distributing tax funds to the county. Bourbon County received a distribution that should have gone to cities in the county, “so we’ll have to cut checks to them,” Walker explained. Then they will have to move the money that goes into public works in the public safety fund. “We have a lot of fixing we’ve got to do,” she said.
Walker explained that Freeman contract audit committee Payment of $500,000 cannot be made from sale tax, since it’s not the county’s money, they really only have $50,000, which would be the December distribution for the sales tax funds.
“What I need you guys to make a motion on is for me to reallocate the sales tax money that was already spent for Freeman to be taken out of the general equipment reserve fund in the amount of $114,837.39,” she said.
That takes the general reserve fund down to $48,517.95 as of the end of 2024.
The next hiccup, she said, is that the county has not gotten a contract back from Freeman, so the commission needs to create a point of contact for Freeman. “I’m kind of uncomfortable because we have sent money to them, so we need to get on this as soon as possible,” she said.
Leroy Kruger was made the point of contact for Freeman going forward.
The commissioners also approved a salary resolution for elected and appointed officials, the heads of departments.
Walker explained that the County Clerk, Treasurer, Register of Deeds are underpaid in Bourbon County compared to similar counties, and the new schedule brings the pay up to a more comparable pay rate. This was made possible because the various departments did a good job of keeping a carryover in their budgets this last year. The sheriff has been increased from $60,000 to $70,000. County Attorney and EMS director have received increases as well.
Beerbower asked about pay raises for corrections officers and public works employees. He also asked for another week to look at the numbers.
Whisenhunt said he had been one of those who worked hard to put together the 2025 budget, which allows for this new pay schedule and he wanted to approve it.
Kruger made the motion to approve the resolution. It carried 2/1 with Beerbower voting against.
Human Resources liaison for the county commission is now Kruger.
During commissioner comments Beerbower made a motion to discuss a moratorium on solar.
He then read a rough draft of a resolution he had written, based on a template from other counties doing the same thing, regarding a non-expiring moratorium on the construction and operation of solar projects commonly referred to as the Hinton Creek, Kingsburg, and Tennison Creek solar projects, and all other similar projects. The resolution mentioned that these cannot be effectively responded to by the Bourbon County fire department to negate such risks to the public health and welfare of the citizens of the county.
Whisenhunt explained that Bourbon Co rural fire is not equipped to fight a solar panel fire. Turnout gear alone is $3700 per fireman, let alone the pumps and equipment. The county doesn’t have the budget to bring it up to that standard.
A citizen handed out a copy of a lawyer-reviewed resolution for a 48 month moratorium.
Whisenhunt made the motion to adopt the resolution to enact a moratorium on solar projects for 48 months, good until Jan. 13, 2029, and the commission approved it unanimously.
Beerbower shared his vision statement for Bourbon County, ” I envision a board of leaders where the same old same old is not an option, where innovation and traditional values together cultivate a thriving community fostering growth in our future generations.”
Kruger said his vision is to give the voice back to the people and offer an attentive ear, doing the best he can to make a good decision that benefits the majority.
Whisenhunt thanked the county for their support and asked that the citizens would “keep letting us know what we’re doing wrong and right so we know what direction to go.”
