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.