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.
May 12, 2025, 5:30 PM
I. Call Meeting to Order
a. Roll Call
b. Pledge of Allegiance
c. Prayer
II. Approval of Agenda
III. Approval of Minutes from 05.05.25
IV. Consent Agenda
a. Approval of 05.09.25 Accounts Payable Totaling $58,537.22
b. Tax Roll Corrections
V. Old Business
a. Policy & Procedures
i. Workers Compensation – Beerbower
ii. Letterhead
iii. Dump Fees for Employees – Milburn
b. Separation of Public Works and Landfill Departments – Beerbower
VI. Public Comments for Items Not on The Agenda
VII. New Business
a. Ealyn Taylor – Animal Control
b. Commissioner Comments
VIII. Adjournment
Future business that has been tabled in past meetings or planned for future meetings:
Public Hearing 05.19.25 5:35PM Vacation of Road
SEK Mental Health Budget
Juvenile Detention Budget
Office Restructuring Cost
Handbook: Personal Improvement Plan, Corrective Action Plan, Formal Written Notice,
Deviation Policy
Mission Statement (June 2nd)
Job Descriptions
Handbook Updated
Economic Development Direction
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.
Personal Property Change Refund Tax Year Trucks Change Refund Tax Year
2307 245th Street, Fulton (32.54)$ 32.54$ 2023
2307 245th Street, Fulton (26.04)$ -$ 2024
901 S Margrave (69.26)$ -$ 2024
(127.84)$ 32.54$
Tax Roll Corrections for Personal Property, Special Assessments, and Trucks
05.12.25
To view the entire packet, which couldn’t be copy and pasted:
The Southeast Kansas Area Agency on Aging has received disappointing news that the Kansas Senior Farmers Market Nutrition Program will not begin at its typical time.
Older Kansans anticipate the KSFMNP. It typically begins on June 1st, and individuals 60 and older who meet income guidelines receive ten $5 vouchers to purchase fresh fruits, vegetables, and honey at farmers markets.
“We already have people that are calling to see when they can pick up the vouchers,” said Kathy Brennon, Executive Director of Southeast Kansas Area Agency on Aging. “It is a great opportunity for older Kansans to eat healthy as well as promoting our local farmers markets. There is no confirmed start date, but any delay could be detrimental because the participants might miss out of the peak growing times. The number of vouchers we have to distribute has been cut in half of what we received in previous years. We were not told why the number of vouchers was reduced.”
SEKAAA is the assigned Distribution Agency for Bourbon, Neosho, Labette, Crawford, and Allen counties.
The north wing, east side of the Bourbon County Courthouse.
Susan Walker, County Clerk, spent the first several minutes of the meeting bringing new District 3 Commissioner Mika Milburn and the other commissioners up to speed on the county’s quarterly financial report.
Last year, the county saw a major dip in sales tax from $1.6 to $1.2 million, which affected the county’s ability to deal with hard surface roads.
Commissioners approved the quarterly financial report for publication.
Pest Control Bid Opening, 3 year
Quality Pest Control Inc. Bid a $375 initial service charge and monthly service for $375.
Ashcraft Pest Control, bid a 3 year contract for $500.
PestX Solutions, the county’s current vendor, bid $310 per month.
Milburn expressed desire to be transparent with county business and give local business owners an opportunity to bid on county contracts.
Commissioner David Beerbower said he favored the Ashcraft bid because it was local. Milburn said that while she favored local, she wanted to be careful not to set an unwise precedent, because it’s not her money being spent.
The commissioner unanimously approved the Ashcraft Pest Control bid.
Trash Service Bid Opening, 3 year
Lynn Sanitation bid $470 per month, no additional fees, no yearly increase.
WCA out of Missouri bid $440.30 with a 7% annual increase possible.
Commissioner Brandon Whisenhunt made motion to hire Lynn Sanitation and the commission approved it.
Executive session for employee performance
Resumed normal session with action
Milburn made motion to move $6,500 from the commission fund to the clerk to cover the funds needed for Resolution 1425, adopted by the commission earlier this year.
Milburn also moved to create a floater position to help around the courthouse through October and to post the job opening. Commission approved both motions.
Old Business
Policies and Procedures
Milburn moved to adopt the employee procedures for deviation and the deviation form that goes with it as an addendum to the employee handbook. Walker will prepare the resolution for the next commission meeting.
City of Fulton request for reduced landfill rates on condemned house debris
Fulton has 6-8 city-condemned houses, some falling in and some with unreachable owners.
Milburn recommended the commission adopt a resolution allowing Bourbon County cities with populations of less than 400 to bring construction and demolition waste to the landfill for $0 for the gratification of Bourbon County. This is for buildings or structures condemned by the city, not individuals.
Beerbower asked to table it for a week to have time to study the issue.
Work Comp Procedures and Benefits
Walker said that the county’s procedures for work comp are in the handbook. The first seven days is not covered, but it can be in severe instances. When an individual takes insurance that is voluntary, they are expected to pay it. With work comp, no taxes are taken out, so the person is made whole.
Sick leave can be used whether injury happens on or off the job. If a county employee feels that their situation is not covered by the employee handbook, they can file a deviation form and come speak to the commission in executive session about their situation.
Beerbower asked that they bring it back next week for further discussion.
Road Closure Application
Milburn moved to publish the road closure with GIS location to the official Bourbon County social media page, local news and certified mailings where appropriate so the commission can take into account any disputes before the meeting in two weeks. Commission approved.
Milburn also moved to create a resolution to require those who petition for road closures to cover the cost of the administrative functions of that road closure, including but not limited to newspaper publications and certified mailings because they are gaining a piece of property through that action.
Walker offered to check the state statutes about fees the county is allowed to charge and apply it to the resolution before bringing it to the next meeting. Commission approved.
Human Resources
Beerbower took Kruger’s position as commissioner liaison for human resources. His role was to be the disciplinary portion of a Human Resources position. The rest of the county’s HR needs are handled by the clerk’s office. Commissioners mentioned needing an actual HR person.
They decided to gather more information and discuss again next week.
Sheriff Vehicle request
Beerbower moved to fund the vehicle replacement costing $66,914 out of the general fund to be partially reimbursed by the insurance payment when it arrives.
Walker suggested paying for it from the jail sales tax fund, which is used to pay for other vehicles and which has a bit of a surplus right now. She said that the general fund doesn’t have a lot of money, and there’s no extra money setting there at this time.
Brian Murphy, deputy and advisor for the sheriff, said that the jail funding isn’t reliable. Murphy’s opinion says the money needs to be set aside in case of a problem at the jail.
Whisenhunt amended the motion to take the funds from the jail sales tax fund and the motion carried.
Budget
Walker gave the commissioners a list of those county officials and department heads who must come to speak to the commission regarding budget matters as the commission prepared the 2026 budget. She said they are running out of time to complete the work needed before June 15, when they get their tax numbers. They need to have the budget ready for those numbers by June 15 so that Walker can plug them in and the commission make any necessary changes to complete a budget by July 20, which is the legal deadline.
Walker said not to base the budget on the tax numbers, but on what the various department heads request in their budgets.
Milburn moved for a budget work session for Wednesday, April 30 at 4 p.m. to include Greg Motley as an advisor, as well as Susan Walker.
The commissioners set the date of June 1 to have department heads turn in their budgets to Susan Walker.
Whisenhunt made the motion to that affect and the commission approved it.
Brenda Harrison, Tri-Valley Director of Programming, reviewing program information. Submitted photo.
Tri-Valley Developmental Services (TVDS) received a $475 grant from the Fort Scott Area Community Foundation. The gift was used to purchase Friendship and Dating program developed by the University of Alaska – Anchorage. The program will be used to educate individuals with Intellectual and Developmental Disabilities on the development of healthy, meaningful relationships and prevent interpersonal violence. “We are grateful to the Fort Scott Area Community Foundation for their generosity in helping us purchase this educational tool,” said Bill Fiscus, CEO. “The Fort Scott Area Community Foundation was there to help us, and we appreciate it. The training is already providing huge dividends.”
The Fort Scott Area Community Foundation hosts individual charitable funds created by donors who have a passion for giving back to their community. Grants from these funds assist people throughout Fort Scott and Bourbon County. Call the Foundation at 620-244-6500 with questions about the Community Foundation.
Tuesday, May 6, the Kansas Department of Transportation plans to close K-39 between the east K-3 junction and the K-7 junction in Bourbon County.
The intersection at K-39/K-7 is being reconstructed during the closure, which is expected to remain in effect through late June. Traffic will follow a signed detour on K-3, K-47, K-7, U.S. 69 and U.S. 54 (see map).
The intersection reconstruction is the first phase of the tied K-7 pavement rehabilitation and widening projects from Girard northeast to U.S. 69. KDOT awarded the K-7 construction contracts totaling $20.4 million to APAC-Kansas Inc., Shears Division, Hutchinson.
K-7 traffic will not be affected during this phase.
Check KDOT’s updated traveler information website, www.kandrive.gov, for more highway conditions and construction details. People with questions may contact Construction Manager Warren Ebberts at (620) 901-6549 or Public Information Officer Priscilla Petersen at (620) 902-6433.
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.
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.
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
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