At the end of his department update report to the Bourbon County Commission, Public Works Director Eric Bailey read his letter of resignation. Effective August 28, he will no longer be with Bourbon County. His assistant, Dustin Hall has also left the county’s employ.

“I just want to say publicly, ‘thank you, Dustin,” said Bailey. He also thanked Hall’s family for their sacrifice.

Bailey said he is committed to helping transfer the responsibility of his job to his replacement.

“With those two resignations, I am fearful for our public works department,” said Commissioner Mika Milburn.

Commissioner Samuel Tran said he is very sorry to see Eric and his wingman leaving. “I understand why they chose to leave. I’m not happy about it, but I understand,” he said.

Old Business

NRP Update

The commission voted to change the NRP from 10 years to five years for residential in the county. This does not affect the City of Fort Scott.

Budget Advisory Committee

Milburn moved to amend the bylaws for the BAC to say that a recommendation to increase the mil needs to be unanimous on the part of the committee.

Tran agreed and told BAC chairman, Greg Motley, “Based on the fact that your recommendation carries so much weight and it’s high-profile and we need your recommendation…I’m going to say ‘yes,’ it needs to be unanimous.”

The bylaw change passed unanimously.

Public Comments for Items Not on The Agenda

Michael Hoyt: Gave a copy of Rosenberg’s Rules, which is recommended by the Kansas Association of Counties to each of the commissioners, as well as copies of the US Constitution.

He also asked for clarification about the timeline of the changeover from 3 to 5 districts. He was also concerned about the township changes in District 3 going forward.

Greg Motley: On the Freeman Fort Scott Board of Directors, said that it was brought to his attention that the second quarter sales tax has not been paid to Freeman by the county. They are operating at a huge cost because they’ve already hired all the staff.

New Business

Commissioner roles and responsibilities

Commissioner Samuel Tran suggested the commissioners take on the role of liaisons to facilitate the commission’s helping of county department chairs. He offered to be the liaison for public works, suggesting Milburn for the departments housed in the courthouse, and Beerbower for emergency responders and sheriff’s department.

The goal would be for the commissioners to work to seek to understand what the department’s do and what the challenges are and be their voice in the commission. Commissioners would continue to help in all areas, but specify areas of focus.

“I’m agreeable to it,” said Beerbower. “I see the merits…”

“You wouldn’t be wasting your time if you drafted a proposal,” said Milburn.

Scott Township Appointment Recommendations

Jerry Johnson as Treasurer and Jeffrey Dailey as trustee for Scott Township were approved by the commission.

Enterprise Vehicle Leasing

Sheriff Bill Martin brought Kenneth Olson with Enterprise to talk to the commission about changing the way vehicle acquisition and maintenance is handled in the county.

Olson said that his company has the largest used vehicle inventory in the country and the largest dealer network in the country, which helps them in their work of getting vehicles for small to medium-sized government fleets.

At this time, the average age of Bourbon County sheriff’s cars is 2018. The current fleet cycle is 16 years, purchasing 2.7 vehicles per year. Olson’s company recommends a 5-year cycle, which he said would save the county in maintenance and fuel costs as well as reduce downtime. He recommended that the Sheriff’s Department lease 11 new vehicles.

“We know this is a big philosophy change,” from the 2.7 vehicles per year the county has been following, he said.

Sheriff Martin said that his department needs to create plans for vehicle replacement going forward.

“This is probably one of the best things that we’ve come up with,” said Martin. “I think it’s a win-win for everybody.”

Milburn expressed concern about having the money in the budget.

“The macro looks right…When it’s all said and done, it looks very, very good,” said Tran. H

Addressing the two other commissioners, Tran said, “Past commissioners have done what they’ve done. I refuse to do that. I refuse to have my decisions have these ramifications that are going to haunt us in the future.”

Greg Motley of the Budget Advisory Committee, said that leasing through Enterprise makes perfect sense as it has a built-in replacement plan. He offered to have the budget committee look at it and give their opinion.

“The commission has to avoid making decisions on how much money it’s going to cost them this month. You have to look at this program on a 4-6 year horizon and say ‘what’s it do over that period of time?'” said Motley. “We’ve got to start thinking long term for what’s best for the county and not what’s best for the county today or tomorrow.”

No decision was made.

Contractual services for payroll and benefits

Milburn said that a presenter will come on July 21st. The purpose is to provide continuity to the county, and to answer the Clerk’s office’s request to add another position to handle their workload in the next budget year, by taking this part of their job off their plate.

Beerbower said that if it will be beneficial to the county moving forward, he is in favor.

Commission Comments

Tran: He said that the county’s standards haven’t been clear and now “we have to form; you have the storm; then we’ll norm, and then perform…that’s how you build a team.” He said the county is in a storm now. He wants to find a way to give everyone who serves the county what they need to do their jobs well.

Milburn: “I’m not pleased with the current decisions that we are having to make on such short notice; however, I will not continue down this path to deficit,” she said of the budget-making process. Spending will be evaluated by the budget committee and the commission to find a way forward that is least abrasive to the citizens of Bourbon County.

County Commissioners heard from Greg Motley, representing the newly-formed Budget Advisory Committee about whether or not the county should choose to go revenue neutral in the new budget.

The commissioners had to decide this question and notify County Clerk Susan Walker as well as set budget hearings by September 20 and submit their final budget to the clerk by October 1.

Motley said the committee plans to have all the data that they need to make final budget decisions significantly before the hearing date deadline.

He said that thus far, the Budget Advisory Committee has been working on big picture stuff. They were awaiting the commission’s revenue neutral decision to dive into the details.

Almost everyone on the BAC has an accounting degree or other significant accounting experience. He said they have reviewed 6 years-worth of data on the county’s finances.

“I think we need to commend the people in this building, everybody contributes to that because our audits are absolutely clean, and especially the county clerk. She has delivered clean audit after clean audit after clean audit,” he said. “The integrity of the numbers is good and the committee has appreciated that.”

While the committee prefers the county be revenue neutral, or at least keeping the mill levy as low as possible, the reason they cannot recommend going revenue neutral is that the county is playing catch up.

“We’ve run down the cash reserves of the county,” he said. The current financial condition of the county would make bond approval very challenging, and if approved, the interest rates would be very high.

“We need to start building our cash reserves back to where they were several years ago,” said Motley, and it will take multiple years to do that.

“We’ve also robbed peter to pay Paul,” he said, “In that previous commissions had set a plan to do replacement reserves,” by transferring funds, but in order to balance the budget, they did not made those transfers to those reserves for equipment replacement.

The landfill has a sinking fund requirement by statute. The landfill needs to be covering that, not the public works department. The courthouse needs $1 million in deferred maintenance. Cost increases that are out of the commission’s control, including insurance costs, keep sky-rocketing across the nation. These are examples of why the county can’t go revenue neutral. Motley did say the BAC will be fighting to keep the mil levy where it is.

“We have interviewed virtually every department head and every elected official in the building,” and talked to individual employees besides that, he said. “The committee has been very impressed with the quality of the employees in this building. We have good people, and we have people that serve the public.”

The draft 2026 budget that the committee received calls for a 6 mil increase. The committee is not willing to go that high. After comparing all the data, the maximum that they can recommend is 62.5 mils compared to the current 59.9. Motley recommended they adopt that as the maximum rate and then work to lower it between now and Sept. 20 or Oct. 1 with the goal of not raising the mil at all and perhaps lowering it if we can, “But we’re facing a lot of headwinds.”

“We are going to be doing everything we can to make sure that rate is lower, but there’s a lot of things out of our control here, too,” he said. The problem didn’t start here, but with historical decisions by previous commissions.

“We have to find ways to save money,” said Commissioner Mika Milburn.

Commissioner David Beerbower said that the budget will require a lot of work.

“A budget is simply a spending priority and when you decide to spend less, something’s got to go,” Motley said. So the commissioners should be attending the budget advisory committee’s meetings and setting their priorities.

Commissioner Samuel Tran suggested telling department heads give the commission their top 3 priorities.

Beerbower moved that the commission extend the mil rate to 62.5 and set the hearing date for August 11 at 5:35pm.

The motion passed unanimously.

Bourbon County Commission Agenda

Public Hearing Plaster Road Vacation

The commissioners approved resolution 2325 vacating Plaster Road. No one came to the meeting to speak in the public hearing.

Old Business

Dissolution of Zoning Advisory Board

The bylaws of the board state that the committee will be dissolved after their presentation to the board of commissioners. Commissioner David Beerbower moved to approve resolution 2425 to dissolve the board. The motion passed.

Employee Benefit Committee

The commission approved resolution 2525, establishing a committee to assist in making decisions regarding the insurance provided to county employees. The committee will be made up of several county employees and some elected officials, and will meet with the county’s insurance broker quarterly. This resolution repeals resolution 1925.

Resolution 2625, appointing a parliamentarian appointed to fulfill resolutions 0925, 1025, and 1125 for the orderly and effective conduct of county commissioner meetings was also approved.

Animal Control

Beerbower looked into property owned by the county that could be used for animal control purposed. The commission discussed using a portion of the county’s property on Native Road, the former dump, near Oakgrove Cemetery. This was in response to a county citizen in a previous meeting saying she would be willing to apply for grants and work to get animal control up and running in Bourbon County. That person was not at the July 7 meeting.

Some audience members expressed concern about the landfill use time restriction. The project is awaiting legal counsel regarding the feasibility of using the proposed land, and a group to come forward to take on the project.

“There is definitely a need in this county, county-wide,” said Beerbower, since the county has no animal control and the city has no room to partner with the county to house homeless animals.

Milburn suggested a county effort to spay and neuter, possibly partnering with someone else on the job, but an audience member pointed out that one problem with that is proof of ownership for those animals brought in to receive such services.

Beerbower suggested using the county’s grant research people to look for more money to meet the need for animal control in the county.

Stronghold

Commissioner Mika Milburn, said that the county has an internal contract with Stronghold to service computer needs. They cover Fort Scott as well, and will be on site Mondays and Fridays to work out any kinks. There will be a meeting at 4:30 Thursday with Stronghold, the City of Fort Scott, and Bourbon County.

Cameras

Beerbower proposed a security camera use policy that he wants to incorporate into the employee handbook.

The county currently doesn’t have a camera policy and, “I think we need one…we face liability if we don’t have some type of policy in place,” said Beerbower.

The item was tabled to the 21st for time to gather information.

Public Comments for Items Not on The Agenda

Pete Owenby asked the commissioners about the hospital. Greg Motley came to the table to address the commission and answer questions. Motley serves on the Freeman Fort Scott Board of Directors.

He said that the construction is “virtually done.” They were held up by modifications needed on the proprietary fire suppression system, but that has been completed. The next step is approval from state and federal inspectors.

“Freeman has done everything they can,” said Motley. He is impressed with what he’s seen of Freeman personnel.

Legacy still owns the building behind the ambulance building. It has fallen off the radar since the previous county attorney left his position, but was supposed to be deeded back to the county.

The new attorney, Bill Johnson, will look into it.

New Business

Policy & Procedures

Beerbower proposed a memorandum for a temporary policy regarding hiring and terminating employment. There is no policy on hiring in the handbook at present. The termination policy is in the handbook as a disciplinary action. There is also no job performance evaluation policy in the handbook at this time. Beerbower’s proposed memorandum would be an interim set of guidelines until the policy handbook is complete.

“I’m astounded that this wasn’t in place previously,” said Commissioner Samuel Tran.

Milburn suggested consulting the HR firm that the county uses. Beerbower agreed and moved to table the item until July 21.

Commission Comments

Milburn received some hate mail this week and addressed the senders in a written statement.

Tran agreed with Milburn, saying that the executive sessions may seem frustrating, but there are rules they must follow.

“The three of us are doing the best that we can,” he said. “There’s a lot of people within this county that are doing a really, really good job.”

He thanked the clerk, treasurer, and others involved for their work on the budget.

“We’ll keep pushing,” and doing more for the county he said.

Beerbower said he supports freedom of speech, and said that, “As Americans we should have common respect for each other.”

Regarding litigation with solar, it’s common knowledge and public information that they are reaching a settlement. Once that’s complete and signed, the public will have access to the information. “There has been no deal made,” as of this time, he said.

The Bourbon County Zoning Recommendation Committee presented its report and recommendations to the county commission.

Old Business

Zoning Recommendation

“It is this committee’s recommendation to proceed with limited zoning for Bourbon County, Kansas,” read Brian Ashworth, presenting to the commission for the zoning recommendation committee.

The committee, made of members from throughout Bourbon County, met for 6 weeks and held three town halls as well as other communication with county residents as they researched and formed their recommendations.

The report reads, “The implementation of zoning will help preserve productive farm and ranch lands from unfettered development of large-scale industrial and commercial projects.”

The report also says that zoning policy needs to be forward-thinking and comprehensive.

The committee proposed three types of zones: Agricultural (A1), Large Commercial (C1), and Large Industrial (I1). It also acknowledged that there could be a need for transitional zoning around the cities.

The committee reports recommends that the county begin by zoning all of the county A1. Outside of agriculture, residential, personal use, or small local business, Conditional Use Permits (CUP) or rezoning would be required. Landowners will need to submit to the zoning commission for a CUP or zoning change to use the land for anything above a certain threshold.

The report also recommends limited, comprehensive zoning to protect personal property rights, saying that checks and balances need to be put in place to avoid unnecessary expansion of zoning regulations.

All current land uses should be grandfathered in with no phase-out clause, per the report.

People do not want codes and are concerned that they will need a permit to build barns or other structures on their property. No building codes should be implemented beyond those required for large-scale commercial and industrial projects, said the committee.

Citizens are concerned about the environmental impact of solar panels and batteries near their properties. The committee recommends that the county incorporate environmental and property value studies into the requirements for large-scale industrial and commercial developments. They also recommend including reasonable set-back and visual barrier requirements and a thorough review and standards set. Safety concerns, property encroachment, loss of property value all should be considered.

The committee also recommends that the county consider establishing a limit on the amount of land that may be allocated for large-scale industrial developments in the county.

They also recommended using a reputable planning firm to limit the cost of zoning to the county.

Addressing the concern about the loss of tax revenue that may occur if zoning drives business away, the committee said that zoning should be business-friendly, and studies may need to be done on how to encourage economic growth.

Zoning should not create a barrier for temporary events.

Resources the committee used and recommended to the commission include the American Planning Association website and the Kansas Practical Guide to Zoning and Land Use Changes website.

Commissioner Samuel Tran thanked the committee members for their diligence in forming the recommendations.

Commissioner David Beerbower also thanked them and said, “we will not take the recommendations lightly.” The commission will move forward with work sessions and public hearings as they decide what will happen in Bourbon County regarding zoning.

New Business
Truck Bypass Route

Matthew Wells, city commissioner for Fort Scott, spoke to the county commission on behalf of the city of Fort Scott about some proposed projects. He said that they have been working on a TEAP (Traffic Engineering Assistance Program) Study of truck routes in and around Fort Scott. As a result, KDOT is recommending a truck bypass on 240th Street out to JayHawk, putting in a roundabout  using KDOT funds. KDOT also want to build a train overpass funded by federal, state, and railroad funds

KDOT is looking into how much it would cost to make those changes to handle truck traffic, especially during flooding that closes the highway and train traffic causing truck backups.

Currently, there is no bypass truck route in Fort Scott.

Precinct Legal Descriptions-Susan Walker

County Clerk Susan Walk, who is also the elections officer explained to the commission that the redistricting caused the need for eight new precincts within the townships, affecting how the people vote. Legal descriptions need to be completed in July and approved by the state of Kansas. They also must be published for three weeks in a row before the next election.

The commission approved her request for time with GIS to try to create the maps.

Commission Comments

Commissioner Mika Milburn, speaking about perception, said it varies from person to person regarding how to get the county where it needs to be.

“I believe all the moves the commission is currently making is in good conscience to move Bourbon County in a healthy, sustainable direction,” she said. “You can trust me to be authentic and lean on morals.”

“This job has blessed me with a greater resilience,” she concluded. “Thank you Bourbon County.”

“The people in this county are amazing,” said Tran. He said he is working with a great team at the county and the people of Bourbon County should be proud of their neighbors.

He also said that people watching the meetings see the decisions that the commissioners make, but they don’t see the choices, or lack thereof.

The Bourbon County Commissioners received the 2024 audit report for the county from Emily Frank of Jarred, Gilmore & Phillips.

Bourbon County has chosen to follow the Kansas Regulatory Basis of Accounting instead of General Accounting Principles and received an “unmodified opinion,” which means the audit was clean. The county had no cash or budget violations in the 2024 audit.

The county started 2024 with $4,149,000 of unencumbered cash. Total receipts for the county in 2024 were $17,949,000, and expenditures were $18,414,000, resulting in an ending unencumbered cash balance of $3,686,000.

Frank gave the commissioners information to help with budget creation for 2026.

She recommended that the general fund have at least 90 days’ cash on hand to be safe. “But a little bit extra would be better,” she said.

“The last two years you guys have had some pretty big decreases in your general fund,” she said, $120,000 in 2024 and $167,000 in 2023. She said that the commission will need to find ways to increase income and decrease spending to prepare for emergencies, as they go through the process of creating the 2026 county budget.

The Public Safety fund also needs watching, she said. It was at an unencumbered cash balance of $268 at the end of 2024. “This fund probably is going to need some help over the next couple of years to kinda get to a little bit more comfortable position,” said Frank. The Public Safety fund was supplemented with transfers from the general fund in 2024.

Road and Bridge also had a low cash balance of $12,000.

In 2024, several funds were amended, including Road and Bridge, Bridge and Culvert, Appraiser, Election, Employee Benefit, Landfill, and the Emergency Service Sales Tax Fund.

County bonds and lease debts total $3,824,000, and the county paid $235,000 in interest in 2024.

Executive Session for personnel matters of individual, non-elected personnel resulted in a vote to approve a deviation from policy to allow the public works director to work HR, as explained within the written documentation for this one occurrence.

Old Business
Juvenile Detention

Commissioner David Beerbower moved to cancel the county’s membership with the Gerard Juvenile Detention Center and adopt juvenile detention with Johnson County on a case-by-case basis.

Commissioner Mika Milburn asked if the county attorney had weighed in on the contract.

The item was tabled until next week, when the county attorney’s opinion can be given.

District 4&5 Term Limits

County Clerk Susan Walker told the commission that they need to pass a resolution regarding the changeover from 3 to 5 commissioner districts. One of the new district commissioners will serve a one-year term, and the other a three-year term. This is so that in an election cycle, either 2 or 3 of the commission seats will be up for re-election, but no more.

Milburn, who currently represents District 3 will be representing District 5 after being re-elected. This means that District 3’s seat will be vacated and require an appointment at the beginning of 2026.

Commissioner Samuel Tran said that switching out people too quickly causes a loss of historical knowledge. The commission has been in turmoil lately. Tran wants to keep at least one person in for a longer term to build continuity.

Tran made motion that district 5 commissioner will serve a three year term and district 4 will serve a one year term.

Both the candidate for new districts 4 and 5 are running unopposed.

The commission approved Tran’s motion as resolution 2125, Milburn abstaining.

SEK Mental Health Resolution and Letter of Support

Resolution 2225 will repeal the old resolution funding SEK Mental Health and have the commission sign a letter of support for SEK Mental Health. The resolution passed.

Courthouse Repairs

Tran looked over repair recommendations and saw a lot of maintenance that had fallen through the cracks with a price tag of more than $1 million.

He thinks the number may be high and wants a much more detailed proposal so the commission can verify the numbers and make better decisions.

“It’s ultimately by job to be a steward of your money,” Tran told the audience.

“Even if the county could or would fund this amount, doing so without a line-item bid is not recommended,” he said. He also said the county should have an on-site project manager for the work that needs to be done. Tran also wants to get input from the people who use the building.

“We need to break this down. We need small bites,” he said.

Tran expressed the need to formalize how the county procures goods, services, and equipment.

Milburn moved to give Tran the authority to go through the building with a hand-picked team of volunteers to see what’s needed to care for the county buildings to report back to the commission on Aug. 4. The motion was approved.

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

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

KCAMP Information

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

Computer Services

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

Old Business
Juvenile Detention Center

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SEK Mental Health Budget

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

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

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

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

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

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

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

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

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

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

Commissioners voted to table the issue for one week.

Budget Committee resignation of Marla Heckman & Assign Replacement

Beerbower nominated Joseph Smith to replace Heckman. Nomination carried.

Public Comments for Items Not on The Agenda

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

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

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

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

New Business
NRP

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

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

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

Appraiser Contract

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

Formation of Benefits Committee

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

Both Beerbower and Tran were in favor of the idea.

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

Letters of interest are to be submitted to the commission.

The committee resolution was approved.

Elevator Repairs

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SEK Mental Health Budget

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

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

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

Dr. Cohen Service Agreement

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

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

Budget Committee Selection

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

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

The commissioners thanked everyone for their letters of interest.

Parliamentarian Proposal

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

Mission Statement

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

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

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

Motion carried.

Office Restructuring

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

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

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

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

New Business

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

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

Property Disaster Relief Application – Duane & Tawnya Glasscock

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

SEK Regional Planning Commission Update

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

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

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

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

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

Bronson City Park CDBG Grant Letter of Support

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

Commissioners approved.

Commissioner Comments

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

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

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

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

The bylaws are:

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

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

Article II: Purpose

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

Article III: Authority

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

Article IV: Membership
Section 1: Composition

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

Section 2: Qualifications

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

Section 3: Appointment and Term

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

Section 4: Chair

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

Section 5: Compensation

Members shall serve without compensation.

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

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

Section 2: Public Access

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

Section 3: Quorum

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

Section 4: Voting

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

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

Article VII: Reporting

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

Article VIII: Amendments

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

Article IX: Administrative Support

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

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

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

Republican Open Seat Announcement

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

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

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

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

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

The motion was approved.

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

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

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

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

The issue has been tabled until June 16.

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

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

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

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

Public Comments for Items Not on The Agenda

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

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

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

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

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

Fireworks Licenses Days

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

Commission Comments

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

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

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

Mission Statement

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

Worker’s Compensation

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

Zoning Discussion

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

Public Comments for Items Not on The Agenda

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

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

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

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

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

New Business

Path of Ease Association

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

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

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

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

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

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

Motion carried.

Tri-Valley Developmental Services 2026 Budget Request

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

Courthouse Repairs

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

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

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

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

Commissioner Comments

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

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

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

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

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

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

Contractual Services for Municipalities

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

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

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

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

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

Old Business
Department Updates
Susan Walker-Employee Benefits

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

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

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

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

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

Brian Allen-Disaster Proclamation

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

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

Eric Bailey – Public Works

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

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

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

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

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

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