A letter of resignation was submitted to Bourbon County by Leroy Kruger on Tuesday, March 18,  and forwarded to the Kansas Governor’s Office.

According to Jennifer Hawkins, Bourbon County Deputy Clerk, the Bourbon County Republican Party has 21 days from the day they receive the notice of vacancy from the Governor’s Office to appoint someone to the seat. The Republican Party will post notice of the vacancy and hold a special meeting where interested individuals will attend, and an appointment will be made. The Republican Party will certify their appointment with the Governor’s Office who will then approve the appointment and issue a certificate of office to the new appointee.

“I am still notifying precinct men and women and waiting on official notice from the secretary of state’s office,” said Kaety Bowers, chair of the Bourbon County Republican party.

She expects to receive that notice early next week. Once notice is received, the party will release an official statement that the position is open. A convention will follow with open interviews to ask questions of any interested candidates. Then the Republican precinct men and women will vote for their candidate of choice.

“The Republican party men and women are ready and confident in our ability to do so,” said Bower.

The individual appointed will not be able to conduct business as a County Commissioner until they receive their certificate from the Governor’s Office.

Hawkins has been keeping a file of resignations for the past two years, and remembers other resignations of commissioners during her 11 years of working for the county. Most recently, Nelson Blythe, 1^st District Commissioner, resigned 4-1-2024 and Brandon Whisenhunt was appointed to fill the vacant seat.

Lynne Oharah, 1^st District Commissioner, resigned 7-13-2022 and Nelson Blythe was appointed to fill the vacant seat. Nick Ruhl, 3^rd District Commissioner, resigned 8-26-2020 and Clifton Beth was appointed to fill his vacant seat.

At the start of the new business portion of the meeting, commissioner Leroy Kruger resigned his position as County Commissioner.

“After much thought and prayer and for many reasons that I’m not going to speak on tonight, I’m going to resign from my position effective immediately. I will not be going into executive sessions or making any more decisions from this minute forward,” he said. Then he turned in his equipment and left the meeting.

Commissioner Brandon Whisenhunt said he wouldn’t pry into why, as Kruger mentioned having to pray on it. “It’s been a pleasure serving with you.”

“I wish you all well,” said Kruger.

“Now it’s a two-man show,” said Whisenhunt, after Kruger left.

Beerbower replied, “It’s a shame. But I guess you gotta do what you gotta do.”

The commission then moved on to the next item of business.

Old Business:

They had started the meeting with old business by appointing Greg Motley as the county’s representative on the Southeast Kansas Regional Planning Commission (SEKRPC). The commission assists agencies with applying for grants and other steps towards economic development.

Motley gave a brief overview of his work in economic development, including serving on the Shawnee area economic development board and starting the Cherokee County economic development board “That was very successful,” he said. He was also on the REDI board for a number of years. “Economic development is kind of my passion,” he said. He holds degrees in accounting and economics and management and has a 45 year career in banking.

Public Comments:

Heather Ethridge came to discuss again with the commissioners the need to file the deeds for West Plains and Centerville cemetery plots. She expressed that there needs to be a place where records of all the deeds are stored in a searchable format. These are county-funded cemeteries, so the county should be holding the deeds, not the state, she said. There were several mistakes at both cemeteries in the past.

“What can we do in order to make this right?” she asked the commission. She then suggested an email address and excel program for herself to save the scanned in documents. All the information is currently stored in “a tote and Ziplock bags.” The commissioners said she could store items in the county offices, but they don’t have the manpower to maintain and update the records and the cost for creating an email account for her would be the county’s.

“We need to have some kind of thing that’s going to be long term… We don’t have any kind of organized anything,” she said.

Aside from Ethridge, those caring for the cemeteries in Bourbon County are nearing retirement age and there’s no system in place for recording or accessing the deeds for cemetery plots.

“It’s not up to the state. It’s up to us county people to take care of stuff. So what can we do?” she asked again.

County Counsel Bob Johnson said that usually deeds for cemeteries don’t convey ownership, just the right to be buried there.

Whisenhunt suggested a county-wide board. Ethridge said that it difficult because there are so many cemeteries in Bourbon County.

Ethridge said she would try to work with the geneology department and keep searching for a way to store the records.

New Business

Tax Bill

Immediately after Kruger’s resignation, the commission moved on to remaining new business with approval to pay the taxes for 201 S. Crawford at $92.10. This county-owned property was intended for a parking lot but that didn’t come to fruition. “We don’t have any reason for it to be exempt,” said Susan Walker, County Clerk, since it’s not being used for a public services.

“We’ll start working on making it a parking lot,” said Beerbower.

K-Work Workers Compensation Audit

In 2024 the county implemented several increases in pay and overtime was up. Therefore the county must pay an additional $29401 in premiums for the year.

2025 premiums are similar to 2024’s with this increase.

“This is really based on your payroll,” Walker said.

Tax Foreclosure Sale Information

Christopher McElgunn came to talk with the commission about tax foreclosure. He’s been facilitating in tax foreclosure for counties and cities in Kansas since 1990. His firm doesn’t go looking for work because they don’t want to take work from local attorneys.

McElgunn came to the commissioner meeting after speaking to the land bank earlier that day. He explained how his firm works, should the county decide to use them for tax sales.

They charge a $350 fee per parcel and handle all surface process expenses. The fee is added to the parcel as part of the redemption costs. “We do all the work…Our goal is to get people to pay the taxes.”

“Hopefully we have a lot of redemptions, but at the end of the day judgements taken and you have to have a sheriff’s sale.” All unredeemed properties are sold at the sheriff’s sale to the highest bidder. All of those sale proceeds go into a pot. Then comes a court order to reimburse the county for title work and publications. Whatever is left after that is paid to the attorney and the remainder is forgiven. “So there’s never any burden on the county budget for legal services for tax foreclosure.”

In addition to handling your tax foreclosure work, we make ourselves available to the county on real estate property tax issues as they relate to collection for no addition fee and handle the title work.

Whisenhunt asked about the possibility of buyers building on lots purchased at the tax foreclosure sale. McElgunn explained that there are many complications with that issue. The buyer should be aware that he may have to take extra steps to establish his title. There are no warranties with the title at the time of purchase. However, the buyer can come in and file a motion to clear up his title within the tax foreclosure case, rather than file a new case with assistance from McElgunn’s company.

The commission voted to table it and make a decision next week.

Auction services

The commission spoke with Carry Welsh, located in Kansas City, with govdeals.com an online auction service paid by charging the winning bidder a buyers premium.

After a recommendation from sheriff Bill Martin and EMS director Terry Hallsey, the commission decided to hire govdeals.com to sell the unwanted medical equipment from the old hospital.

Executive sessions

The commissioners then held 3 seperate executive sessions. First a 20 minute executive session for consultation with the Bob Johnson, county attorney and Jake Reedenburg, the county’s solar attorney. Returned to meeting with no action needed at this time. Then a 5 minute executive session with Bob Johnson. No action taken at return to regular session. Finally, a 20 minute executive session for non elected personnel to protect privacy with Johnson and the 2 commissioners.

Department Head Reports

Eric Bailey, Public Works

Had a request from the Good Old Days committee to go pick up and return five golf carts from Lamar, MO. Whisenhunt said to bring it back closer to the time needed, in early June.

60th and Grand Bridge Project bid letting will be April 16.

KDOT projects for HWY 7 and 39 widening starting here any time will be an ongoing 2 year project. They are widening from Grand Road to Gerard. County is currently working with KDOT on reimbursements for any damage to county roads during the work.

Also an overlay project on HWY 54 is starting in April going from Ft. Scott to the Allen County line.

Elm Creek update: Craig Campbell has stepped forward and taken the lead roll for volunteer work out there. Has reached out to the high school’s construction trade program, and Justin Johnson, and Fort Scott Community College instructor. They are on board to help make the windows with materials provided by the county.

Beerbower said he would put the group of volunteers that he’s been speaking with in touch with them as well.

Tom Robertson is the county employee working with the project.

The county has also have received some roofing bids. However, the low bid is unable to provide liability work comp due to religious beliefs. Commission recommended getting legal advice on hiring.

Crews have been picking up limbs and repairing signs from the recent weather, so let the county know if you are aware of signs that need attending.

Public Works is also evaluating hard surface roads and putting a plan together for the  April 7 work session with the commissioners.

April 25 is the date for first quarter sales tax report.

Whisenhunt and Beerbower want to have a conversation with Bailey about making the landfill its own entity in the future.

Manpower is down 3 at landfill due to internal movement and a retirement.

County Fees

Several department heads made reports to the commission of the fees they charge for the services they offer.

EMS director Terry Hallsey, County Appraiser Matt Quick, Sheriff Bill Martin, Public Works Eric Bailey, and the County Clerk’s  and the Treasurer’s office all presented the commission with documents listing the fees they charge for services. Some of those fees are determined by state statute. The commissioners wanted an overview of the county’s fee schedule.

Animal Abuse and Animal Housing

Beerbower, plans to work with under-sheriff to find housing for animals involved in a criminal investigation.

Commissioner comments

Whisenhunt thanked everyone for coming to meetings and communicating with him as a county commissioner.

“I was sorry to see Mr. Kruger have to resign. I hope everything’s going okay.”

Beerbower moved to postpone the March 24 commissioner meeting due to a scheduling conflict and hold a regular meeting on March 31.

He then explained his actions from the previous meeting, saying that he has since learned that they probably didn’t need to have those 2 executive sessions. “My ignorance of the rules is no excuse.”

In order to be transparent, he explained that the first session was about pay for those who work during times when the courthouse is closed due to weather and rectifying their pay.

The second meeting dealt with policies regarding transfers and promotions and rate increases. He dad received complaints about the posting of positions in-house prior to hiring. The current handbook from 2022 is very vague about posting and “we are working on it.”

After discussion, Beerbower decided to instruct county employees and non-elected department heads to post all positions internally before promotions and transfers.

The commissioners then made Beerbower the liason for Freeman and the zoning board. Whisenhunt will be liason for county human resources. This is to take fill Kruger’s vacated place in those positions.

The 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.

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.

County Commissioners want to learn more before approving the 2024 inventory list and tax roll corrections.

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.

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.

Primary election date is August 5, 2025. 2025 Primary Election Dates

The general election will be on November 4, 2025 and will include school district and city elections as well. 2025 General Election Dates