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.

The unusual lawsuit that at one point had every sitting county commissioner listed as plaintiffs on a lawsuit against the county commission has apparently been settled. A filing at 4:08 today stated the following.

COME NOW the Parties, by and through their undersigned counsel of record, and hereby provide notice that a resolution of all remaining claims and theories was achieved and this case has been resolved

The filing doesn’t detail the terms of the settlement and goes on to say that both sides expect to have all the paperwork finished up in the next 60 days.

BB-2024-CV-000075 – Notice of Settlement.

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.

NOTICE OF PUBLIC HEARING

To all persons concerned,

You are hereby given notice that the Board of County Commissioners of Bourbon County, KS, through a petition filed by Bradley Plaster, propose to vacate the following:

Vacation of 60’ road of 128^th between Lot 5 Sub of Lot 1 Block 8 and Lot 2 of Block 8, Hiattville, Kansas.

This road closing will be further considered by the Board of County Commissioners of Bourbon County, Kansas at a public hearing scheduled for 5:35 PM July 7, 2025, during their regularly scheduled commission meeting located at 210 S National Avenue, Fort Scott, Kansas, in the Commission Chambers.  Any person with an interest in this proposed road closing is invited to speak for or against this matter.  Said road closing will then become effective upon the formal resolution of the Board.