Bourbon County Courthouse
210 S. National Ave
Fort Scott, KS 66701
Phone: 620-223-3800
Fax: 620-223-5832
Bourbon County, Kansas
Brandon Whisenhunt, Chairman
1st District Commissioner
David Beerbower, Vice-Chairman
2nd District Commissioner
Mika Milburn-Kee
3rd District Commissioner
Bourbon County Commission Agenda
Bourbon County Commission Room 210 S National Ave.
April 28, 2025, 5:30 PM (revised)
I. Call Meeting to Order
a. Roll Call
b. Pledge of Allegiance
c. Prayer – Susan Walker
II. Approval of Agenda
III. Approval of Minutes from 04.21.25 & 04.22.25
IV. Consent Agenda
a. Approval of 04.25.25 Accounts Payable Totaling $52,567.96
b. Approval of 04.01.25 Accounts Payable Totaling $ 5,237.21
c. Tax Roll Corrections
d. March Financials
e. Quarterly Financial Report
V. Pest Control Bid Opening 5:35 PM
VI. Trash Service Bid Opening 5:35 PM
VII. Executive Session Non-Elected Personnel 75-4319 (b)(1) Susan Walker
VIII. Old Business
a. Condemned House City of Fulton – request for reduced landfill rates
b. Work Comp Procedures & Benefits – Susan Walker
c. Road Closure Application – Bradley Plaster
i. Road Closure Fees – Milburn
d. Human Resources
e. Sheriff Vehicle Request $66,914
f. Policy & Procedures
g. Budget
i. Schedule
ii. SEK Mental Health
iii. Juvenile Detention
IX. Public Comments for Items Not on The Agenda
X. New Business
a. Michael Hoyt – Legislative Update
b. Mika Milburn-Kee
i. Operations & Job Descriptions
ii. Commission Communication to Employees
iii. Economic Development
iv. Workers Compensation & Sick Leave
c. Relocation of Offices – Shane Walker
d. Update on Sales Tax for ER – Susan Walker
i. Quarterly Reporting Request
ii. Financial Update
e. Eric Bailey – Department Updates
f. Executive Session Non-Elected Personnel KSA 75-4319 (b)(1) – Milburn
g. Executive Session Non-Elected Personnel KSA 75-4319 (b)(1) – Whisenhunt
h. Timberhill Township Cemetery Treasurer Recommendation – Rebecca Whisenhunt
i. Commissioner Comments
XI. Adjournment
EXECUTIVE SESSIONS – FORM OF MOTION
____ Pursuant to KSA 75-4319 (b)(1) to discuss personnel matters of individual nonelected personnel to protect their
privacy
____ Pursuant to KSA 75-4319 (b)(2) for consultation with an attorney for the public body of agency which would be
deemed privileged in the attorney-client relationship
____ Pursuant to KSA 75-4319 (b)(3) to discuss matters relating to employer/employee negotiations whether or not in
consultation with the representatives of the body or agency
____ Pursuant to KSA 75-4319 (b)(4) to discuss data relating to financial affairs or trade secrets of corporations,
partnerships, trust and individual proprietorships
____ Pursuant to KSA 75-4319 (b)(6) for the preliminary discussion of acquisition of real estate
____ Pursuant to KSA 75-4319 (b)(12) to discuss matters relating to security measures, if the discussion of such matters
at an open meeting would jeopardize such security measures
The subject to be discussed during executive session: ________________________________________
State persons to attend
Open session will resume at _____ A.M./P.M. in the commission chambers.
Category Archives: Bourbon County
Plaintiffs in Lawsuit File Motion for Bourbon County To Take Their Place On Lawsuit
After the last election, Commissioner Elect David Beerbower, Commissioner Elect Leroy Kruger, Commissioner Elect Brandon Whisenhunt, Boa Casper, Katie Casper, Timothy Emerson, Samuel Tran, Karen Tran, and Michael Wunderly filed a lawsuit against the Board of County Commissioners and various solar companies. Beerbower, Kruger, and Whisenhunt were suing their upcoming office of commissioners, which they would assume in January 2025.
In December, the lawyer representing the defense of the county under the outgoing commissioners made a motion asking the judge to consider the plaintiff’s claims and “pretend” that the plaintiff proved every one of their claims. If the plaintiffs would not be able to win, even if they proved everything they claimed, the lawyer asked the judge to dismiss the lawsuit.
In January, the new commission passed Resolution 07-25 to place a moratorium on solar projects until 2029.
The solar company responded with a cross-claim against the new county commissioners, claiming that the resolution didn’t have a legal basis. The county commissioners responded with a cross-claim against the solar companies, saying that the agreements those companies had with the county were illegal and void.
In March, the new lawyer representing the defense of the new commissioners asked the judge to withdraw that motion in the lawsuit. This would allow the lawsuit to continue even if the plaintiffs couldn’t win their case.
On April 25th the Plaintiffs in the lawsuit (Sitting Commissioner David Beerbower, Leroy Kruger, Sitting Commissioner Brandon Whisenhunt, Boa Casper, Katie Casper, Timothy Emerson, Samuel Tran, Karen Tran, and Michael Wunderly ) filed a motion saying that since the county is now making cross claims against the solar companies they don’t need to keep participating in the lawsuit.
Plaintiffs are no longer necessary parties to this action and request their claims against Defendants be dismissed, as those claims are now being pursued by the BOCC.
The plaintiffs request that they be removed from the lawsuit and that Bourbon County be substituted as the plaintiff, continuing to pursue the lawsuit in place of the individuals who originally filed the lawsuit.
BB-2024-CV-000075 – TENNYSON CREEK CROSS-CLAIM AGAINST BOARD OF COUNTY COMMISSIONERS OF BOURBON COUNT KS
BB-2024-CV-000075 – Cross-Claim of Board of County Commissioners of Bourbon County KS.
Opinion: Example of Zoning Decisions & Commisioner Alignment
On April 23rd, the Fort Scott Planning Commission met to hear from Garrett Knight. Mr. Knight runs an auto repair business and has an agreement to purchase 922 E. Wall from the land bank if the city rezones it from mixed use to commercial. This would allow him to build a garage with the back wall facing Wall Street, an entrance on Little Street, and a wall around the rest of the property.
Patrick Wood owns the property across the street on 11 S. Little and says he doesn’t want people on his land to have to look at cars at a mechanic shop.
The Planning Commission voted 3 to 3 not to recommend changing the zoning. The way the motion was worded made it hard to figure out exactly what a 3 to 3 vote means, but without a zoning change, Mr. Knight is prohibited from putting his business there. As an advisory board, he can still present his case to the City Commission for the zoning change. (video here)
Now whether you support Mr. Knight in wanting to put a business in that empty lot or you support Mr. Woods who doesn’t want people on his property to be looking out toward it, the process offers a good example of the process of getting permission for land use on property that is zoned vs. the process in the county where land is not zoned.
In particular, it is fascinating to see how difficult it can be to get people who can make zoning decisions without having any competing interests with the people who are asking for those zoning changes. For example, one of the people who voted against Mr. Knight’s request appears to be related to the owners of another building in another part of town that houses an auto repair business. My purpose isn’t to say that this individual was voting based on their self-interest. I’m just pointing out that situations where you have to ask for permission to use land in a particular way get very complicated very quickly. That doesn’t mean zoning is good. It doesn’t mean zoning is bad. But it is a lot more complicated than the current system in the county, where you can do anything legal as long as it doesn’t damage your neighbor’s property.
So what would zoning look like for the county if it is implemented as Commissioner Beerbower claims they intend to do? Well, citizens who have asked Beerbower have been told that a farmer wanting to make commercial use of their land would have to get the commissioners’ permission first. Mr. Eden says Commissioner Beerbower told him that if a farmer wanted to put in a shooting range, the farmer would have to get permission. That isn’t necessarily good or bad. It is just different than what we have today. As I mentioned previously, a lot of it depends on whether you think the current commissioners and all commissioners in the future will act in a way that you feel is in the best interest of the county.
A good deal of that will be determined whether or not you think the commissioners are aligned with people who want you to be able to do whatever it is you may want to do with your land or whether you think they are aligned with people who may have different ideas about what they want you to be able to do with your land.
For example, a few weeks after being elected to their office, two of the current commissioners launched a lawsuit against their office along with several local citizens who all banded together to try to prevent landowners from moving forward with leasing to solar companies. So after being elected, what are the ideas and goals of the people the commissioners aligned themselves with? Well, some of the people on the commissioners’ lawsuit have made some pretty strong statements about how they think other people should be able to use their land. For example, one claimed that they wouldn’t even be satisfied if they were able to force their neighbor to create a half-mile setback.
It is completely inexplicable why the commissioners would file a lawsuit against their office weeks after being elected. This is a lawsuit that they were funding with their own money as plaintiffs and, once they took office, defending with your taxpayer money. It is even more baffling why they chose to remain on the lawsuit despite people pointing out the clear conflict of interest and asking them to drop off. Despite voices expressing concern, they went on to move from a potential conflict to an actual conflict by instructing their county defense lawyer to do something that was completely counter to the interests of the taxpayers of Bourbon County. They had the lawyer ask the judge to continue the case, even if the judge knew the plaintiffs had no way to win regardless of what they proved. However, there is a silver lining.
Beerbower and Whisenhunt have resisted numerous common-sense suggestions to drop off the lawsuit and let the non-commissioners continue it on their own. They have put an extraordinary amount of effort into staying aligned with their handful of co-plaintiffs in suing themselves. Those citizens feel that their property rights should extend to what you are allowed to do with half a mile of your land—and even then, they say that is not sufficient control. The silver lining is that you don’t have to guess how zoning is likely to turn out in Bourbon County. Just look at the ideas the commissioners are aligned with. If those ideas look like the level of control you want current and future commissioners exercising over landowners in the county, then you may be happy with zoning as a means to realize that control. If the ideas the commissioners are working hard to align themselves with are of concern to you, then you should probably also be concerned about zoning that would give them a way to execute on those ideas.
Mark Shead
Note: FortScott.biz publishes opinion pieces with a variety of perspectives. If you would like to share your opinion, please send a letter to [email protected].
Agenda for the Bo Co Commission Meeting on April 28
Parent Empowerment Circle is April 27 Agenda
Parent Empowerment Circle
Sunday, April 27, 2025
First Southern Baptist Church, 1818 South Main, Fort Scott, KS
Agenda
1:30 PM – Sign the attendance sheet and get name tag
1:30-1:45 PM – Meet and Greet Time with other attendees
1:45 PM – Round table introductions: Please briefly introduce yourself, why you are attending today and what you hope to gain from coming to this meeting.
2:00 PM – Introduction of special speaker via Zoom
2:10 PM to 2:40 PM – Presentation of special guest speaker (Recorded for later playback, link will be on the KSRE Southwind District Website)
2:40 PM to 3:00 PM – Question and Answer time with special guest (NOT RECORDED)
3:00 PM to 3:15 PM – Other questions, comments, suggestions
3:15 PM – Dismiss meeting but you are welcome to chat with other attendees
3:15 PM to 3:30 PM – Clean up space and leave building
Next meeting: May 25, 2025, 1:30-3:30 PM at this same location
Thank you all for your support!
Cherri Walrod
Community Health Worker
K-State Research and Extension Southwind District
The CHW project has received funding and support from K-State 105, Kansas State University’s economic growth and advancement initiative for all 105 counties in Kansas. Learn more at k-state.edu/105.
Uniontown Ruritan Club Will Host National President for Information Event on May 22
Local service clubs provide many behind-the-scenes activities to enhance the quality of life for their communities.
Mark Warren, a past District Governor of Ruritan for the Middle America district and currently a member of the Uniontown Ruritan Club, said he enjoys the projects the Ruritan Club provides for the community.
“For me Ruritan is being involved in making money through fundraising projects and giving this money back to the community through financial assistance to the needy, improving the physical appearance of our community, honoring those who serve and have served this country in the military, and providing scholarship assistance to our youth to help accomplish their goals in life.
In the last few years, the club has helped bring the Girard Medical Center of Uniontown to the town, which has a population of around 300, with the collaboration of other entities. They have helped build the new public restrooms in the town’s downtown and provided scholarships to several high school students to further their education.
Next month, the club is hosting a special informational recruiting event for area residents who may be interested in learning more about Ruritan, Warren said.
Rebecca Lane, the 2025 National Ruritan President, from the home office in Dublin, Virginia, will be in Kansas and Nebraska from May 20 to May 29, visiting clubs in these two states.
“The potluck style dinner event hosted by area Ruritan Clubs will be May 22 at 7 p.m. at the Uniontown Community Center. Anyone in rural Bourbon County communities who would like to learn more about Ruritan is invited to attend,” Warren said. “Rebecca will be here to answer questions. We have clubs in Bronson, Redfield, and Uniontown. Residents of these communities are invited to join the clubs that night.”
Current Uniontown Ruritan Officers are President Mike Mason, Vice President Rick Allen, Secretary Raymond “Skeet” George, Treasurer Mary Pemberton, 3rd Year Director Henry Homan, 2nd Year Director Randy Rathbun, and 1st Year Director Joe George.
The Uniontown Ruritan meets at the Uniontown Methodist Church on the third Monday of every month at 7 p.m.
To learn more about the Bronson Ruritan, call Terry Johnston at 620-224-7566, and Redfield, call Skeet at 620-224-8051.
Tri-Valley to Celebrate 50th Anniversary
On May 1st, Tri-Valley Developmental Services, Inc celebrates its 50th Anniversary.
In 1975, a group of concerned citizens got together and decided that there was a need to serve our neighbors with intellectual and developmental disabilities. On May 1st of 1975, Tri-Valley came into existence under the name Tri-Valley Developmental Center. Our first service center was located in Piqua, KS.
In 50 years, Tri-Valley has grown from its small roots in Piqua, KS and now cover 8 counties in Southeast Kansas (Allen, Bourbon, Chautauqua, Elk, Greenwood, Neosho, Wilson, and Woodson).
The celebration will be at 1 pm at Central Park Pavilion located at 101 S. Forest in Chanute. Our annual awards ceremony will take place during the anniversary party as well. Robbie Bell will be the afternoon’s featured entertainment.
Please join us. For more information, contact Tricia Campbell at 620-431-7655.
New District 3 Commissioner joins April 21 Bourbon County Commission meeting
Mika Milburn-Kee attended her first regular Bourbon County Commission meeting as the newly appointed commissioner for District 3.
The zoning public hearing process was discussed. Commissioner David Beerbower said that the first zoning advisory committee meeting had been held on April 17 where the committee elected their chairperson and other officers. They also adopted bylaws that include having one commissioner present at meetings to serve as a resource. Beerbower said the commissioners could take turns doing that.
The zoning advisory committee has expressed an interest in hosting several public hearings and will announce the dates for those as they are finalized. The next committee meeting will be Wednesday, April 23 at 6:30 in the county courthouse commissioner room.
Public Comments for Items Not on the Agenda
Larry Paddock for the city of Fulton, came to ask the commission if the city could bring rubble from a condemned and torn down building to the county landfill at a reduced rate.
The commission chose to add the issue to next week’s agenda to allow time to discuss the matter with the landfill and public works supervisor.
Bob Reed, a 15-year Bourbon County employee, came to talk to the commission about how they will handle injuries at work. He was in a serious work injury on March 10 and he asked the commissioners to consider changing the way they handle sick time and vacation time for injured employees.
“Our vacation and sick time is earned,” so we have the right to decide how it’s used, he said. “We shouldn’t be forced to use it on a work-related injury.”
He also expressed concern about insurance issues for future employees who get injured.
Whisenhunt and Beerbower thanked Reed for sharing and offered to look into it and see what they can do.
New Business
Road Closure Application: Bradley Plaster
Plaster asked that the alley between lots 3 and 4 off Dragon Road in Hyattville, which is unincorporated, be closed. He had signatures from the two other affected land owners also asking for the closure. The road, in district 2, is not even graveled and is overgrown with trees.
Beerbower will confirm that it is county property and the commission will make a decision at next week’s meeting.
Human Resources Discussion
Beerbower moved to table it until they could have the County Clerk, Susan Walker, present at the meeting to enable discussion.
Procedures
Commissioner Milburn wants to smooth out county operations and has made notes and adjustments to the current county handbook, which is more than 20 years old. She said the purpose of this work is to “establish procedures to implement a corrective action plan and personal improvement plan to assist in our expectations of employment with the goal of being transparent, consistent with expectations, and improving the overall function with a supportive approach.”
Milburn asked the other commissioners for edits, changes, corrections and additions to the handbook. Beerbower offered a work session to combine Milburn’s work with the work done earlier this year by the department heads on employee procedures.
“That’s good. Hit the ground running,” said Whisenhunt of Milburn’s work.
He made the motion to keep “Procedures” on the agenda every week until they reach the point of being able to implement them. Commission approved.
Sheriff Vehicle Requests
Sheriff Bill Martin asked the commission to approve the purchase of a new vehicle to replace the one that was in an accident earlier this year. That 2014 vehicle was hit and rolled several times and is most likely totaled. It had 200,000 miles on it. They are awaiting insurance payments from the counties insurance and the driver who caused the accidents insurance.
Martin said any funds received from insurance will go back to the county to help offset the cost of the new vehicle.
The vehicle he is requesting to purchase is a 2025 and will cost $66,914 once fully equipped.
Whisenhunt asked if he had any funds in his budget to help cover the cost of the vehicle, but the sheriff has no extra funds in his budget right now.
Beerbower moved to table it until next week to allow the commission time to look at the budget for the funding needed. Commission approved.
Commissioner Comments
Milburn read a statement expressing her desire to hear from her constituents about their desires and priorities for Bourbon County. She said she will listen with the goal of understanding and will ask questions to that end.
“The question right now is what you want your county to look like in 10, 15 or 20 years. How we get there is going to be of great debate,” she said.
Milburn welcomes input, and asked that county citizens send letters, email, or call to share their ideas about the future of Bourbon County.
Final note
A citizen in audience wants to thank whomever cleaned up hwy 54 west of town. “It looks way better and I’d like to thank somebody, but I don’t know who to thank.”
Whisenhunt said that whoever did it should let the county know so they can be thanked.
Garden Club Members Will Sell Plants at the Farmer’s Market on May 3: Fundraiser For Fort Scott Garden Beds
The Bourbon County Garden Club will hold its annual plant sale on the opening day of the Downtown Farmers’ Market, Saturday, May 3, from 8 a.m. until noon.
They will be located at the north end of the Downtown Pavilion, located at National Avenue and Old Fort Boulevard.
Proceeds from the sale support beautification efforts that the group does throughout the community, including the city pool islands, Heritage Park, and the North Main area, according to a press release.
“The garden club partners with Tri Valley Developmental Services to sell a wide variety of plants, all of which are geared to our area’s challenging weather. Club members offer plants freshly dug from their own gardens. Tri Valley provides annuals, herbs, and both floral and foliage hanging baskets. Among the variety of annuals for this year are geraniums, calibrachoa, coleus, and begonias, which are in bloom and ideal for Mothers’ Day gifts,” according to the press release.
The group members will share their knowledge of the plants and answer questions during the sale.
“A feature this year is a children’s free activity area. There will be garden-related coloring sheets and crayons, plus rocks that children can decorate with acrylic paint markers. They may take the rocks with them or leave them around town for other children to find. The garden club will also be selling decorative rocks that Fort Scott Middle School students have painted,” according to the press release.
There will be drawings for several unique pots that have been planted with drought-resistant sedum.
Drawing prices are $2 per ticket or $5 for three tickets.
The Bourbon County Garden Club meets on the second Tuesday of the month, March through October. The next meeting will be Tuesday, May 13th, at Heritage Park, First and Main Street, in downtown Fort Scott, at 6 p.m.
“Bourbon County Garden Club is a group of local gardeners that gather to learn, grow, and share in their passion of gardening. We meet to plant and care for gardens spread throughout our city. Hope to see you at our next meeting!” according to its Facebook page
For garden club news, meeting announcements, and photos: https://www.facebook.com/Bourboncountygardeners
SparkWheel Golf Tourney is May 3
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Visual Art Competition For Grades 6-12 Submission Deadline: April 27
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The Artificers May Happenings
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