07.28.25 Agenda 2nd Revision

Brandon Mann, VP for Loss Prevention, and Monte Parrish, Safety Consultant for the Bourbon County region, both employees of KWORCC, the county’s workman’s comp insurance carrier, came to the table to talk with the commission about safety in the county, especially in the Public Works department.

Commissioner Samuel Tran answered Mann’s question about the issues with Public Works, saying, “There seem to be too many accidents that are happening out there….I would like to see us go out there and really build a safety program.” He expressed concern about the ability to get the employees to buy in on a new safety program and ultimately be accountable for the work they are doing. He gave an example of equipment that was broken last week and no one reported it.

“We need to get in there and make sure the people in Public Works have the best that we can offer them in terms of safety and equipment and a good environment to work in,” said Tran.

“We don’t do safety from behind a desk,” said Mann of KWORCC, which is a workman’s comp insurance pool for government entities in the state of Kansas.

They offer free in-person training, in defensive driving, forklift operation, and flagging and workzone safety. All these are free, in-person certification classes. They also offer safety inspections 3 times per year on county facilities, after which they generate a report per OSCHA regulations. While OSCHA cannot cite the county, the Kansas Department of Labor can cite the county, and they follow OSCHA regulations.

Commissioner Mika Milburn said they want to do preventative work to be sure the county is not in violation.

KWORCC helped with the creation of a safety committee within Public Works.

Mann said the information the commission gave him indicates a lack of policy and procedure in the Public Works department.

Tran said he is trying to take ownership of the problem, and he wants the county to be prepared for the new public works director.

“There’s nothing wrong with our current director. He’s not defective. You can go in and help our current director set up a program for the new one,” said Milburn to Mann.

Mann asked if he would get push-back from the current director and nine supervisors. Tran said he didn’t think so, but it would come back to the commission if he did.

Mann then suggested that the commission bring in the supervisors to the county commission and pass a resolution that they support the safety program KWORCC is creating.

Mann said he would lead that charge for the commission if they so chose. He asserted they would start from scratch with a safety committee. Parrish suggested designating a safety point person.

County Clerk Susan Walker mentioned that in previous years, KWORCC recommendations have come before the county commission, but they were overlooked by the commission at that time.

Implementing KWORCC’s recommended policies will also help with the county’s insurance premiums.

Mann and Parrish set up a meeting with Tran and the Public Works department to start assessing the situation.

Beerbower said they would set up a work session after that meeting.

Public Comments for Items Not on The Agenda

Charles Gentry, member of the Emergency Room Sales Tax Monitoring Committee, who serves with Dr. Randy Nichols and Craig Campbell, was appointed by the previous commission at the time that the special purpose sales tax was taken up for the establishing and operating of an Emergency Department for Bourbon County.

Gentry said the committee’s jobs are to make sure the sales tax remitted to the county is used to support the emergency department, and to verify as best they can how Freeman has applied those sales tax funds to the establishment and operation of an emergency room.

He knows they are establishing it and are working on getting approval so the ER can open. “So we know that things are on track,” he said. They are spending more to start it up than they have received in sales tax thus far.

The contract the county has with Freeman calls for the tax to actually be remitted to Freeman within 30 days of the county receiving it each month. The county normally receives the tax dollars from the state around the 25th of the month. Freeman reports quarterly on the spending of the tax dollars, so the county can expect a report for the third quarter in mid-October.

“I’m here to ask some clarification and some authorization,” said Gentry. The latest reports show that Freeman is spending more money than they are receiving in tax dollars, “So that allowed us to give thumbs up for what will be the third quarter,” said Gentry.

The current liaison with Freeman is Commissioner David Beerbower.  Gentry asked that the county be sure to give his committee the report in a timely manner. The commission must authorize that the committee receives the report. “There seems to be now an issue that the commission by resolution offer the release of this information to us,” said Gentry.

Susan Walker, County Clerk, said that the administrator of Freeman is working to get a report that can be disseminated and doesn’t contain private information. “I just want to make sure that we’re not disclosing things that should not be disclosed,” said Walker.

Beerbower said he had a form provided by Gentry that should solve the problems. The issue will come when the hospital starts deriving income from non-tax sources. “We don’t care about that, we care about the spending of our sales tax money,” said Gentry.

The commission agreed to take the necessary steps to get the proper information to the committee.

Old Business
Tax Sale Update

“It’s going to be different than what residents are used to in the past,” said Jennifer Hawkins,  county Treasurer-elect. The commission has agreed to use Klinda Austerman to handle the tax sale process. Once a person’s name is on their list, he cannot get it off unless he pays all unpaid taxes plus court costs.

“I’m here to let people know, if you have taxes from 2020 or before, you need to pay those immediately; otherwise, you’re going to have to pay the total amount on your property, plus court costs,” said Hawkins.

There is no timeline in place yet, nor a list of delinquent properties. Once the information is given to the firm handling the tax sale, that firm will provide a list of tax sale-eligible properties.

“If you are concerned that you have back taxes, give us a call at 223-3800 ext. 803 and we can look that information up for you and let you know how much you need to pay to get off this immediate tax sale,” said Hawkins. She intends to continue with the process as Treasurer for 2021 taxes next year, so “heads up.”

Citizens who don’t redeem before their names are published will have to pay court costs in addition to taxes.

“Please pay them immediately. We don’t want to see anyone lose their homes,” said Hawkins.

She also said that 2024 taxes, are due by July 31, 2025. Delinquent taxpayers will be published in the newspaper and have the publication fees added to their tax bill.

“That was a courtesy update,” said Milburn.

Hospital Equipment

Beerbower is working with gov.deals, the auction company hired by Bourbon County earlier this year to auction off old hospital equipment currently stored on county property.

The Sheriff’s Department uses them to sell used vehicles. The sheriff was surprised because they haven’t had this trouble.

“All I’m saying is the moment they were hired, they should have been on it,” said Milburn, expressing frustration that the auction company hadn’t taken steps to sell the items yet..

Fence Viewing Liability Carrier Update

Walker spoke with KCamp, the county’s liability carrier, who recommended the commission follow the law regarding fence viewing.

Statute says the county commission shall be the fence viewers. “We’ll just have to do it,” said Milburn.

Those with requests for fence viewing should submit applications via the clerk’s office.

Withdrawal of Juvenile Detention Agreement

Bob Johnson, County Counselor, drafted a letter giving Girard Juvenile Detention Center notice that Bourbon County wants to cancel its contract. However, Milburn noted that the proposed agreement with Johnson County for juvenile detention services needs to be clarified.

Sheriff Bill Martin said a financial hardship letter should be submitted to the Girard Juvenile Detention Center.

County Clerk Susan Walker said there is a statute that allows a county to break its contracts due to financial hardship. She said she would get a copy for the commission to look at.

Tran sees the contract with Girard County as an insurance policy. He suggested saving in a CD and making money on the interest instead.

The commissioners said they would work with the lawyer to challenge the contract with Girard.

Resolution for Planning Commission

Commissioners discussed the number of members to serve on the committee and whether or not the county needs to hire a planning commission head.

Beerbower asked to table it and take it back to the county counselor for changes.

Court House Repairs

Tran reviewed the report he created after inspecting the courthouse with David Neville. They looked at the structural, infrastructure, cosmetic, and HVAC system.

Tran applauded Neville for his work throughout the courthouse.

The first two things that Tran prioritized for the courthouse are modernizing the elevator and redoing the tuck pointing of the exterior facade.

“We have enough money to do this,” said Tran.

For the elevator update, he suggested obtaining bids and giving weight to the response times each company offered, not just the prices, as the courthouse only has one elevator.

Other items on his list were roof repairs, installing new interior windows, replacing flooring on the third floor, creating a cyclical maintenance plan for painting and flooring throughout the building, and stripping, polishing, and sealing the marble floors.

He expressed some concern about asbestos throughout the building, cautioning that they need to test and be prepared to abate if they come across any.

In the next 10 years, the courthouse will cost close to $1million, according to Tran.

“The citizens should not allow us to kick that can down the road. You should bring it up to us as often as you feel the need to,” he said.

Milburn thanked him for his report.

New Business

Reorganization of Agenda

The new agenda format will move public comments in front of old business.

108 W 2nd Street Building – Milburn said this county-owned building is under-utilized, and they don’t make much rent on it. She wants to move the current occupants to the courthouse and let the building go.

Beerbower said it was worth looking into, and would make it convenient for citizens to have services now in the 108 W. 2nd building consolidated.

“It just costs money to have empty space,” said Milburn. “It wouldn’t cost us a penny to put them over here, but it’s costing us money to keep them over there, though.”

Tran suggested investigating what the lot could be used for. “They don’t make dirt anymore,” he said.

Casey Brown – Letter of Support

Brown provides transportation in Bourbon County. Tran said there are at least four entities that give rides in the county. The commission wants a list of the agencies that provide rides in the region. The letter was tabled until August 11.

Commission Comments

Milburn: Please, before you get carried away with the “what ifs” or “why-for” changes or lack of changes are happening in the county, call her at 620-215-5880. “I’d be happy to let you know from my observation, what Bourbon County stands to gain by the changes I introduce,” but keep an open mind and be polite.

Tran: it’s been a very busy week, but very rewarding. “There are some really, really good people in this county. I enjoy working with them.” Some people aren’t seeing the light at the end of the tunnel, but he does. “The budget is my biggest concern right now.” Thank you to all for their support and communication.

In June, 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 the possibility of saving the county money by changing their juvenile detention center provider.

During that meeting, Undersheriff Davidson stated that the county could have saved $50,000 in 2023 if it had switched to Johnson County’s program, and potentially more than $50,000 in 2024. County Clerk Susan Walker said the cost for the Girard program increased by $36,000 from 2024 to 2025 and noted that implementing the Sheriff’s suggestion would save money “right off the bat.”

Sheriff Martin had made a similar suggestion back in 2019 when the juvenile detention facility was charging a daily rate instead of the formula that is used today. That daily rate was $400+. The commissioners stated a concern that with changing laws, the alternatives might not remain in compliance and leaving the contract would make it impossible to rejoin.

At the June 23rd commission meeting, Mike Walden, director for the SEK Juvenile Detention Center in Girard came along with some administrators from the facility and some of the center’s board members 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.  The amount Bourbon County pays is based on the 4-year usage history and the assessed value/population of Bourbon County. (2023 formula shown here.)

He pointed out that Bourbon County is a 1/10th owner of the facilities based on a previous investment of around $400,000. Ownership would be forfeited if Bourbon County chooses to cease using the facility.

Bourbon County Commissioner David Beerbower is a member of the Detention Center board, and Mr. Walden invited him to attend a board meeting to bring up any concerns about the pricing. He pointed out that no one from Bourbon County has come to a board meeting since 2022.

The June 23rd discussion seemed to end with a plan for Mr. Walen to reach out to Sheriff Martin and for the commissioners to ask the center’s board for a better agreement for Bourbon County.

At the July 21st commission meeting, it was noted that the county had missed the July 1 window to end the current contract for Juvenile Detention services with the Girard Juvenile Detention Center. The county is unable to change services until 2027.

Beerbower moved to terminate juvenile detention services with the Girard Juvenile Detention Center for the 2027 budget year. The motion passed unanimously.

Linn County had a similar discussion in the past, and it was pointed out that the Johnson County facility was full and needed to send juveniles elsewhere. The Girard facility said that their daily rate for non-members was going to be three times the normal per diem, which would have come to over $500 per person per day at the time.

Agenda 2nd Revision 07.21.25

Bourbon County Commissioners considered using Emerson for the county’s payroll and benefits. Tim Emerson Jr. whose firm is in Kansas City, MO presented his company’s services and recommendations to the commissioners. This was done in response to the County Clerk’s office when they presented their 2026 budget request to hire another employee to deal with their work load.

Commissioner Mika Milburn said she wants to set up a sustainable process and create continuity so that the information needed for the payroll process doesn’t reside in one individual.

Emerson is from Ft. Scott originally and has worked with Dr. Steve Cohen, head of Bourbon County HR. Emerson recommends that each department submit time and attendance with final oversight by one person at the county level.

County Clerk Susan Walker had many logistical questions for Emerson about how the company he recommends to handle the county’s payroll would interface with the county’s current system. She also questioned the bringing in of Emerson in particular.

“Why are they not bid out like other things?…there could be other opportunities,” she asked. “Are we going to put these things out to bid, or are we just going to get one vendor out to look at it?”

“This would be an added cost, in my opinion, to the county. If my budget request cannot be funded, then that’s all you need to say…I was not consulted about any of this,” said Walker.

Commissioner David Beerbower wrapped up the comments in the meeting and said the process is just starting. No official decision was made.

Old Business

Hospital Equipment

Beerbower spoke with man from the gov.deals auction service. They are planning to be down during the week to get an auction date set and get the equipment out of the building.

Milburn asked to see the contract with gov.deals. The commission will address it in its July 28 meeting.

Fence Viewing

County Counselor Bob Johnson advised the commission to create a procedure for handling fence viewing requests.

“The biggest decision is whether you guys want to do it or whether you want to appoint someone,” he said. He also cautioned the commission about the liability they would be opening themselves up to if they got involved in fence viewing.

Beerbower asked how the state statute applies. Johnson said they should decide if they want to do the fence viewing themselves or appoint designees. He offered to get information from other Kansas county counselors, and Walker offered to get input from KCAMP, the county’s liability insurance provider.

The commission tabled the issue until the Aug. 17 meeting.

Termination of Juvenile Detention Agreement

The commission missed the July 1 window to end the current contract for Juvenile Detention services with the Girard Juvenile Detention Center. The county is unable to change services until 2027.

Beerbower moved to terminate juvenile detention services with the Girard Juvenile Detention Center for the 2027 budget year. The motion passed unanimously.

Public Works Safety Audit

The proposed public works safety audit is, “Just to clear things up and make sure we were up to speed, up to compliance,” said Milburn. The contractor will spend 2 days at Public Works at a cost of $1,500-2,000 and will deliver an analysis and plan to address the department’s safety.

Commissioner Samuel Tran commended the current safety program at Public Works. He said the audit is to make sure they are as safe as they should be by having another set of eyes on the program.

Walker suggested that they look into getting an audit from KWORKS, the county’s workman’s comp insurance provider.

The public works director agreed to do that and the issue was tabled until the July 28.

Commission Liaison Group

Tran wrote and read a letter to fellow commissioners stating that currently all commissioners are generalists needing to know everything about each department in the county. He proposed assigning specific functions within the county to each commissioner in order to focus each commissioner’s time, energy, and effort into improving these functions. He also acknowledged that with the expansion to five commissioners, they will have to reallocate those functions.

Tran made a motion to formulate the commissioner liaison group with himself caring for Public Works, Milburn caring for the courthouse and the county offices it houses, and Beerbower caring for the departments of the Sheriff, EMS, and Emergency Management.

His motion passed unanimously.

Zoning Discussion & Work Sessions

“We need to determine what we’ll do next,” with zoning, said Beerbower.

Milburn said it’s determined by statute.

County Counselor Johnson said the statute says the county needs a 5-9-member planning commission or zoning board, which would take the county commission’s recommendation and hold a public hearing, then they would report back to the county commissioners.

The next step is to draw up a resolution to establish a planning commission, which does not necessarily mean the county is zoned. The ultimate decision still rests with the commission.

Johnson will meet with the commission on Aug. 4 to discuss the resolution.

Hiring and Firing of Bourbon County Employees Memorandum

Beerbower brought a memorandum to the commission because of a lack in the current handbook. Termination is in the discipline steps of the handbook. The handbook also lacks job performance guidance.

The HR department is in the process of updating the handbook, but in the interim, hires and fires will be reported to the HR department and approved by the board of County Commissioners.

Tran expressed the desire to know the status of the various departments within the county. Milburn said she wants the departments to utilize the HR department for all hiring and firing, but that they should not necessarily require the approval of the commission.

Beerbower said he would bring a re-written memorandum to the July 28 meeting.

Public Comments for Items Not on The Agenda

Clay Campbell on Public Works

“I’m here right now to tell you guys that we have a problem at Public Works,” he said. “We’re in trouble,” because more people are leaving. “There is a morale problem out there (at public works).”

Campbell works 3 days a week as a mower for the public works department and offered to speak to the commission on behalf of his fellow department members. He expressed concern about the people trying to make a living by working for Public Works. There’s a pay issue and insurance issues, and rumors of more problems to come. “I don’t know how these young men working out there are supporting a family,” he said.

Even though free use of the landfill is a taxable benefit, removing it was “a slap in the face” to the public works employees.

“No matter how this goes down, we care,” said Tran. “Somebody spent a lot of money that we didn’t have, so now we have to pick up the pieces,” and the citizens and employees of the county will bear that burden.

Clint Walker: Budget and First Responders

Walker came with newspapers from surrounding counties to give to the commissioners to give them information. He referred to a sheriff that raised $1.4 million by housing prisoners.

Randy McNulty: Solar Farm

McNulty lives between Bronson and Uniontown north of 54 Hwy. He is wondering about the status of the solar farm going in across the road from his house. He knows the county had to sign off on the approval for it. The taxpayers didn’t know it was coming and it’s reducing his property values. He also expressed concern about the health ramifications of solar panels for his farm animals and bees. Gail George owns the land across the street from him.

“It’s hard to get any information about what’s going on,” he said. “I don’t know if anybody cares.”

Milburn said she was working on getting solar projects in the county mapped out.

Tran told him to keep coming to the commission meetings and keep after them to get the information and help he needs.

New Business
SEK Regional Planning Commission

Greg Motley spoke to the commissioner about the “Make my Move” program for helping those moving from a urban setting to a rural setting. The state of Kansas has entered an agreement witht he program providers, paying 80% of the costs.  SEKRPC will manage it for SEK. It would cost the county $12,500, which would get them onto the international website for people looking to move to a rural area, allowing them to design their web page and listing.

“I think our county has the best amenities of all the other SEK counties,” and can distinguish itself by showing them said Motley.  SEKRPC is the county’s economic development resource. He suggested approaching the city to pay part of the $12,500, since they have the main employers in Bourbon County.

No action was taken.

Dispatch/911

Brad Matkin, Fort Scott City Manager, Ben Hart, and Sheriff Bill Martin spoke with the commission about changing who is in charge of the E911 services in Bourbon County.

Fort Scott has been providing Bourbon County with E911 services for the last 3 years. The city receives 57% of the 911 calls serviced and the county the remaining 43%. The county pays $50,000 to the city for the service. The city also receives $90,000 in tax dollars to help fund the service. The city pays all wages, benefits, training, and upgrades to the department. Total operating budget for the E911 department is $550,000.

Matkin feels it’s time for the Bourbon County Sheriff’s Department to take over this service. Discussions with Sheriff Bill Martin and his financial advisor, Ben Hart, show them to be confident that it can be done financially, starting in 2026.

Bourbon County would receive a complete turn-key E911 communications department with a dedicated 8-member team, as well as all the equipment. Also $350,000 per year from Fort Scott for its share of the department in 2026 and 2027, with a planned adjustment in 2028 if the county’s financials would bear that. The county would keep the $50,000 they’ve been paying the City of Fort Scott, as well as the E911 tax of about $90,000.

“The county would need to budget $80,000-$100,000 for the department. This department is absolutely vital to our county as a whole, and it makes complete sense for the sheriff’s department to manage this department and eventually grow it into it’s own entity,” said Matkin.

“It spreads the expense more fairly if it’s a county tax,” said County Clerk Susan Walker.

“It’s coming out of taxes one way or the other,” said Beerbower.

Walker said that working out the logistics of this change will take its own work session.

“This is coming out of left field,” said Samuel Tran. “Either we grab a hold of it or shove it off until next year.” He was in favor of working on it in next year’s budget.

Tran asked what the biggest driving factor of asking for the change over is. Matkin said it will help the city’s budget and it makes sense to put it under the sheriff’s department.

Hart said that some of the sheriff’s revenue has increased and could be used to cover 911 services.

Matkin said he hasn’t come to the county for this until now because of the empty pond that the county has been, historically.

“I don’t think we have a choice,” said Milburn. “By statute, it’s ours and they’re giving it back.”

“Let’s see what we can do to make this work,” said Beerbower.

The commission decided to schedule a work session with the city and the county’s budget advisory committee.

Boards assigned to Commissioners

Each commissioner serves on a number of boards to represent the county. They decided that Beerbower will serve on the Juvenile Detention, Mental Health, and Health Department boards; Tran asked for the Rural Planning Commission, Area on Aging, and Bourbon County Senior Citizens. Milburn took Soil Conservation and the Fair Board.

Precincts Resolution 28-25

The commission approved the legal descriptions that will set up the precincts for moving from 3 to 5 commissioners.

Insurance Committee Guidelines Request

Milburn said that it is time to get letters of interest to create the advisory committee.

Two letters have been submitted so far. They are to keep the budget in mind, talk with other employees, and review recommendations.

Beerbower suggested sending out memos to the department heads. Kaety Bowers, parliamentarian, suggested asking department heads for their recommendations.

“I’d like the employees to have an input, so I hope they send in some letters,” said Milburn.

Open enrollment for insurance for county employees is in October, so there’s a limited time frame. The deadline for letters of interest is set for Aug. 4.

An audience member said it’s needed and encouraged employees to take part.

“If we’re going to formulate these committees, we’re not going to ignore these committees,” said Tran.

Marion Township Request

Tran heard from Steve Guyger, who requested a culvert across from the cemetery in Marion Township, asking for assistance with manpower to install it.

Tran said that the issue is not the cost but the precedent set for other entities. The plastic culverts the county has offered to install were used with the windmills when they were putting in temporary entrances and were given to the county after those entrances were removed.

“When you look at it in the broad scheme of things, it’s neighbors helping neighbors,” said Beerbower.

“The townships and cemeteries have very little funding coming in to them,” said Walker.

Tran specified that they will take requests like this on a case-by-case basis. He then moved that they approve Guyger’s request. The commission agreed.

Department Updates

Public Works

Public Works Director Eric Bailey said they have had Internet problems at Public Works and at the landfill, which takes down the credit card system. He expressed concern with the county’s new tech company being located in Joplin, not Fort Scott. Milburn said the kinks should be worked out soon.

Bailey also asked about the radio towers and the repeater. The county’s IT department has handled that in the past, but the repeater was down this weekend. Radios are essential for working in areas of the county that do not have cell cervice.

The Landfill Cost Closure Worksheet shows that $209, 017 must be set aside to close and reclaim the landfill. This must be turned in to the state to be in compliance. The commission voted to approve the worksheet and ensure that the needed funds are in reserve.

The five year solid waste plan needs renewal in 2028. Committee members need to be updated now, as all five that were on the committee in 2023 are not available to serve any more. Tran will work on filling that as the new liaison to the commission for Public Works.

Bailey updated the commission on the employee losses in Public Works, which will have no asphalt crew in two weeks.

“We will asphalt everything that we can asphalt with the crew that we have until we run out of crew members, but we’re not going to be able to get everything done that we said we’d get done,” said Bailey.

Tran expressed approval of allowing the current asphalt crew to work overtime for as long as possible to get as much asphalt laid as possible.

Commission Comments

 Milburn addressed the problems of rising costs and the need to cut budgets. She said the county can’t continue to spend as they have and cuts are coming. The county’s main priority is public safety. “What, where, and how do we reorganize in a way that best serves our taxpayers?”

Tran said he’s learned a lot in the last week, and he is so proud of the caliber of people in Bourbon County. He’s racking his brain to find a way to fix all this without raising taxes. He asked for patience as they change things and find what works. He expressed the desire to continue to hear from the citizens of Bourbon County.