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.