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County Commissioners Discuss Zoning Forums and Animal Control
The Bourbon County Commission addressed restructuring county administration, animal control, and public forums on zoning in their meeting this week.
Old Business
Policy and Procedures
Letter Head
Commissioner Mika Milburn brought examples of letterheads made with a smaller font than the current letterhead for use on all official county documents to make them uniform. She proposed two letterheads for Bourbon County, one for books, cover pages, and official documents, and the other for documents that will have the larger letterhead style, where feasible. She instructed that the county keep its current letterhead with the font changed to match the new, smaller letterhead the board chose.
Milburn moved to approve the letterhead per KSA 19-2126. The commission approved.
Dump Fees for Employees
“So that’s complicated,” said Milburn.
Commissioner David Beerbower said he had received emails about the policy of allowing county employees to dump for free as it pertains to the IRS definition of fringe benefits. “I’m not even sure why this has become such an urgent topic,” he said. This benefit has been in place longer than any of the commissioners have been alive, since before the current county landfill started. “It’s always been kind of an unwritten rule, but in today’s society we can’t do that,” he said. He talked about the need to get numbers from payroll as well as other information.
“I think we need to table it and figure it out…There’s more benefits than just the dump fees that we got to figure out. There’s just a lot to consider,” said Commissioner Brandon Whisenhunt.
They tabled it until June 9.
Separation of Public Works and Landfill Departments
Beerbower said the original idea came from Whisenhunt and has been a part of the commissioner’s discussion for a number of months.
“The landfill has its own budget,” said Whisenhunt, of about $800,000 for 2025. “There’s not any reason why it can’t stand on its own, be its own budget item, have its own supervision. And then that person reports directly to the commission,” he said.
“What’s driving us to make this choice?” asked Milburn. She said she would like a risk assessment, benefit analysis, and cost analysis before making the decision to separate the landfill from the Public Works Department. Beerbower said they end up “spinning our tires” when trying to get a cost analysis, due to the cost of getting a cost analysis.
“2025 is the perfect way to go because in 2026 we go to five commissioners, so if this experiment does not work with the 2025 budget as it stands, we can reverse this,” said Beerbower.
“I’m not willing to experiment with taxpayer money,” said Milburn. Pointing out that “everything costs.”
Someone in the audience asked what the benefit of the restructuring would be. Beerbower said that restructuring is needed because the county needs change, as continuing to do things the way they always have will not lead to improvement. “The advantage of it is that they’re smaller, more workable departments,” Beerbower said. It will be more economical in the long run to streamline things. However, he did not have numbers to share to support his position.
“The people that I was trying to work with to develop an overall plan…nobody wants to work out a possibility of change…it’s all about protecting what they’ve got,” said Beerbower.
Another person asked what the benefit to the public would be of making this change.
Whisenhunt explained that the landfill, as a government entity, is not allowed to make a profit, but if they can lower operating costs, they can pass those savings on to customers in the form of lower rates or fewer tax dollars being spent to operate the landfill.
One audience member said that Bourbon County charges more than surrounding counties for waste disposal.
Haulers in attendance expressed concern about landfills in the area increasing their rates and suggested up-charging for non-local dumping, since local businesses are already supporting the county through their taxes. They also expressed concern about giving free dumping to county employees and charging everyone else extra to make up the difference.
“We’re not changing anything from the operational standpoint other than the supervision of it,” said Beerbower. “That’s not a good enough reason to separate it,” said Milburn.
“It’s about the money. I think we need to do a cost analysis on everything,” said Milburn, addressing the issue of restructuring county departments.
Jennifer Hawkins, Deputy Clerk, talked about the budget reports, showing all the money that’s come in and gone out of the various funds, including the landfill. The report shows that in 2025, the landfill has incurred $229,724 in expenses while bringing in $178,175 in revenue. Whisenhunt pointed out that the negative balance is in part due to the large building payment made at the first of the year. “It should start coming back,” he said.
Whisenhunt said his experience in the trash business has shown him how much money it could make if it was prioritized. “I work for the biggest trash company in the world…and I just see how trash can make money.” It has to go from being a second thought to make that profit.
Whisenhunt made a motion that the county separate them but didn’t get seconded.
The commission voted to table the issue to June 16 to allow time to find and crunch the numbers to support their disparate claims.
Beerbower invited the vocal audience members to come back June 16 when the item will be brought up again.
New Business
Animal Control
The commissioners spoke over the phone with Ealyn Taylor about animal control issues in the county. She said she was coming to them on behalf of animals being dumped in the county. For the last three years, she’s been picking up, vetting, and re-homing animals dumped in the county. The change to the city’s animal control laws has led to an excessive amount of dumping, especially in the last two years. She’s at capacity and needs help or land to be able to keep doing the work she’s been doing. She asked the county if there is any land available to start housing animals that are being dumped.
“I do anything that I possibly can for the community as far as the animals go, but I’m at the point where I need some help on getting them some sort of temporary housing,” she said. The shelter here is a kill shelter, and she’s trying to keep the animals from dying.
“I have a plan for a self-sustaining sanctuary. I’ve been looking for acreage,” said Taylor.
Beerbower said The first step in this process is looking at the list of land that Bourbon County owns and then start chipping away at the process, including the legal ramifications. Taylor said she would apply for non-profit status if the county could offer her land for this purpose.
“I know we all care,” said Beerbower. Hopefully, others will get involved and offer assistance.
“I need a little boost up in the right direction from the community,” said Taylor, thanking the commissioners for their help.
Zoning Advisory Board
The citizen zoning advisory board is planning three public forums scheduled for May 14 at 6 p.m. in Uniontown, May 20, 6 p.m. in Fulton, May 21, 6 p.m. at Memorial Hall in Fort Scott.
Beerbower moved to extend the board’s deadline for presenting recommendations to the county commission to Monday, June 9, to allow them time to meet again after the public forums.
He also explained the board’s decision not to post their meetings to YouTube. The meetings are open to the public, which is all that is required by state statutes.
Freeman Timeline Extension
Freeman has asked to extend their deadline for opening the Emergency Room from June to September 1, 2025. Part of the reason is getting it up to the new ADA codes, particularly the fire monitoring equipment. The company that does that is backlogged.
Whisenhunt moved that the chairman sign the extension, and the commission approved.
County Cameras
The commission spoke with Public Works Director Eric Bailey and Brian Murphy, Advisory Deputy to the Sheriff’s Department about the cameras used throughout county facilities.
The purpose of the cameras is for supervisors to be able to monitor their departments when not on site, said Milburn.
Murphy advised that the county be sure supervisors can access the footage of their own department only for monitoring when they are off-site.
Beerbower expressed concern that the proper chain of evidence of footage be maintained in case of criminal activity being caught on camera.
Beerbower moved that all camera systems be placed under the operational control of the sheriff’s department and transfer all equipment and programs to be housed independently at the sheriff’s office. The motion died for lack of second.
Milburn moved to bring the discussion to a county work-session for further discussion on June 23.
Commissioner Comments
Milburn asked that commissioners not introduce motions in the commissioners’ comments section of the meeting, but add them to the agenda in the business section. She also apologized for the lengthy meeting at the beginning of her time in office and said she will make an effort not to overload the agenda in the future.
Whisenhunt agreed with Milburn. He said it’s important for the commissioners to be transparent with one another through the meeting agenda process, since they aren’t permitted to talk to one another outside of the meetings themselves.
Beerbower spoke of the election to add three new commissioners, saying that currently one candidate for District 4 and no candidates for District 5 have filed. The deadline to file is noon on June 2. He expressed concern that there be candidates for those seats. He was advised that many people wait to file for election until the last minute.
Whisenhunt said in his radio address he will mention the need for nurses and support staff at Freeman Hospital.
Sales Tax Question, Park Improvements Discussed in May 6 City Commission Meeting
Disc golf, sales tax, and fireworks were all dealt with at the May 6, Fort Scott City Commission Meeting.
Appearances
Parks Advisory Board, Purchase of Disc Golf Baskets
Danny Craig spoke to the commission about the Parks Advisory Board’s decision to purchase a new set of disc golf baskets. “The more baskets we have the more people we can have for our tournaments,” he said. By having 36 baskets the parks can facilitate 180 tournament players.
The baskets with numbers and columns will cost $9,100. The plan is to add 18 new baskets to Gunn Park with the option to move them to other locations such as Riverwalk Park of Fort Scott Community College for tournaments. Gunn Park has two to three placements for each basket. The new baskets have more chains and catch discs easier than the old baskets.
“It is impressive how many people are playing at Gunn Park,” said Commissioner Dyllon Olson. Craig noted that it’s a growing sport in the area.
City Manager Brad Matkin asked if he would consider placing them permanently at Fort Scott Community College. Craig said he would.
The commission approved the purchase.
Jake’s Fireworks Sales
Marcus Shearhart, regional building manager for Jake’s Fireworks in Kansas asked that the city adapt to the state law for fireworks selling season, which is June 20 to July 7. Current selling dates in Ft. Scott are June 27 to July 5. Jake’s Fireworks has purchased the old Walgreens building, where they are currently selling Memorial Day Flowers. Next they will sell fireworks. Starting August 1, they will convert to Jumpy Jumpland, an inflatables park. Jake’s Fireworks has also purchased the old Taco Tico and will bring in a Quick Sip coffee shop. They also have plans for the old Pizza Hut building.
The commission voted to amend the current ordinance to match the state’s dates. Shooting dates remain unchanged.
GAAP Audit, tabled from 4/15/2025
Ben Hart talked to the commission about the meaning of switching over to a GAAP (Generally Accepted Accounting Principles) system. GAAP are adopted nationwide, but the state of Kansas has decided that some cities and counties didn’t need to adopt them because of cost of changing over. Other cities in the state go by Kansas Municiple Audit Accounting Guide (KMAAG).
He gave the commission a three-page memo on the subject, as they had voted in an early meeting to switch over to the GAAP system in 2025, and he wanted them to understand the potential cost.
Mayor Timothy Van Hoeke asked Hart to give his professional estimate of the cost to the city to move to the GAAP system. Hart answered it would be at least $100,000 the first year, and the ongoing annual cost will be anywhere from $60,000 to $80,000 more than currently paying. The main reason for the increase is the people that would have to be hired to write up the financials and do asset assessments. The city would need to have permanent staffing to facilitate it. Currently, they only do cash basis and statutory audits.
Hart said that he was not asking for a decision tonight, but giving information. It will require budget amendments to pay for the new hires, and this is not an easy decision to reverse.
Matkin asked about the benefits of choosing GAAP versus KMAG. Hart said that GAAP is of more benefit to entities that issue a lot of debt, which Fort Scott does not do.
The commission decided to have the financial staff bring back a waiver to not go with GAAP and to address it in the next budget meeting
“I would like to see the city do a GAAP, but not for that cost,” said Olson.
Unfinished Business
Pumper Truck Purchase tabled from 4/15/2025
The commission approved the purchase of the Spartan, top-mount pumper truck for $784,702.
New Business
Public Hearing: CDBG Grant from Memorial Hall
Kylie Moore, grant specialist, said she’s hopeful they will be awarded the grant this year, as there’s more funding this round than there was last year.
The grant would be used to replace windows, restore masonry and mortar, and repair the northeast corner of the building. Some of which was damaged by water infiltration. The total cost estimate for the project is $766,484 and the city would match the grant at $184,282.
The application will be submitted on May 21, and results will be available two to three weeks after submission.
The commission approved going after the grant.
Request to Vacate Alley and Street at 123 McCleverty Street
The commission denied this request when it was first presented, However, the owner, Alyssa Green, says the information was incorrect at the original hearing and asked to present accurate information.
Mr. Williams spoke to the commission on Green’s behalf. Williams claimed that Second Street runs through Green’s house, and the alley intersects a building. He also said that Second Street ended at Lincoln and wasn’t plotted to go further in 1857.
Commissioner Matthew Wells and Olson both said that the city was plotted to have Second Street run all the way through. This issue is common in Fort Scott. Wells expressed concern that the precedent set by this would send landowners the message that if they build on city property, the city will give them the land.
Williams said that the city should not have allowed a building permit to build homes on city land.
Wells said that the city is following a rule of not choosing to vacate properties in this situation. He also said it’s incumbent on the property owner to do a survey to determine where the city’s property lines and easements are.
Matkin suggested offering Green the piece that part of her house rests on in exchange for her giving another piece of her property to the city.
Van Hoeke suggested that realtors in the area shouldn’t tell prospective buyers that getting the city to vacate property in dispute is to be expected.
Commissioner Tracy Dancer proposed that the engineer and the city attorney work out a land swap pursuant to a survey paid for by the owner or any agent of the owner. Motion carried.
“Rather than just saying ‘no,’ we’re giving you an opportunity to work this out,” said Van Hoeke.
Action items
Consideration of bid for CDs for wastewater, $2,000,000
The commission approved putting $2,000,000 from the wastewater fund into a CD at UMB Bank at the rate of 3.85%.
Consideration of Sales Tax Ballot Question
City Manager Brad Matkin spoke to the commission about the vote for the half-cent sales tax coming up this year. They need to make a decision at their May 20th meeting to get the question onto the ballot in time. Of the current half-cent tax, 90% is paid to streets, 10% to parks and community facilities. Matkin suggested a couple of possibilities, including staying at a half-cent and sending 80% to streets, 10% to public safety, and 10% to parks. This would help pay for the new pumper truck while not taking much from streets. Another option is to increase the tax to one cent, giving 85% to streets, 5% to parks, and 10% to public safety.
“We want to make sure we’re doing the best we can with the funds we’re getting. One thing to remember, sales tax comes from everyone,” said Matkin, including out-of-town visitors. Without the sales tax, a property tax increase may be needed, which would only be paid by residents. Raising the sales tax could allow for a reduction in property taxes.
Olson asked if the reduction in the amount going to the streets would affect the city’s ability to get planned future projects done. Matkin said that the city is doing more in-house work and has more equipment now than in the past, which will allow them to do the street projects for less.
Matkin suggested that the ballot question be to approve a 10-year tax. He also recommended having two or three town halls before the vote to explain it to the public and answer questions.
VanHoeke suggested that the commission take the information home and think it over for a vote next meeting. The commission voted to do so.
Consideration of Gunn Park Shelter Three Improvements
Brad Matkin said the only bid for repairs that the city received was for $55,000. This would be to repair masonry and wood elements of the shelter and would come from the parks sales tax fund. This shelter is one that the city rents out.
Consideration of 2025 Hay Rights Bids
The bid for haying at the airport went to Tip and T Cattle for $9,000.
Discussion of revamping land bank program
Brad Matkin said the land bank would like to have the city’s Housing and Revitalization coordinator take over management. She will help clean titles and coordinate neighborhood revitalization with the land bank properties. She deals with land bank issues daily. It would fit right into her job scheme and allow the city to keep the current funds for management.
VanHoeke asked Bob Farmer, city counsel, to look at the ordinances and make sure they can do that.
“It’ll make the whole process a lot smoother and allow us to coordinate things better with the city and the contractors moving forward,” said Wells.
Consideration of Use of Law Firm for Land Bank
Wells said that the land bank wants a Memo Of Understanding (MOU) with the attorney that Bourbon County will be using for its sheriff’s sale so that he can clear property titles as needed.
Motion carried with “no”s from Dancer and Olson.
Request to pay Heck & Wicker Inc. for Horton Street and Sixth Street Improvements $422, 022.76
Mr. Dickman, engineer, said that inspection shows that every item billed has been completed. The striping is still to be done.
Wells was very displeased with the asphalting job. “That road should have been done right. It should have been done according to specs.”
Wells moved to litigate for having the road re-done. Dancer and Wells voted yes, but the other commissioners voted it down.
Olson moved to pay it, but it didn’t pass. Salsbury, Wells, and Dancer voted against paying it.
Dickman will start the process with H&W to have unsatisfactory items repaired.
Consideration proposal for East National Project Design
Tabled until next meeting.
Reports and Comments
City Manager Brad Matkin
Hometown Parking Lot south of Hometown Pub has one more pour and they hope to finish it this week. It should be a 30-spot lot.
Sixth and Main Intersection is scheduled to be concreted by the end of May as well as the First Street Parking Lot, weather permitting.
The Eddie Street project is next in line. The water department will be doing the waterline project between 8th and 9th street after school is out at the end of May.
Moody Building update: There is a permit, but no work has been done in the last two weeks. Matkin hopes for more info on that by the next commission meeting.
“Things are going good in Fort Scott,” said Matkin. He mentioned the successful First Friday for May. The next one will be in August, as Good Old Days and Fourth of July will be at the beginnings of the next two months.
May 17, a Luau and opening of splash pad with sno cones and bands is planned. The Aquatic Center opens Memorial Day, May 26.
Farmers Market started May 3 and will continue on Saturdays from 8-12 and Tuesdays 4-6.
Commissioner Kathryn Salsbury asked to add to the next meeting agenda revisiting the idea of making the window when fireworks are allowed to set of fireworks shorter. She expressed concerned for veterans, pets, victims of domestic violence, and autistic kids.
Wells mentioned that St. Andrew’s Episcopal Church will host a melodrama during the Good Old Days Festival this year.
Olson said he is pleased will the filling of businesses in town. “Fort Scott’s not dying.” He thanked city manager and his various crews for what they do for the city. He also expressed gratitude for the other commissioners and the progress he sees.
County Commissioners discuss restructuring county departments
County Commissioners began discussions to restructure those departments within the county that the commission is over. They also ordered a safety study for the Elm Creek Lake Dam.
Old Business
Policy and procedures
Commissioner Mika Milburn talked about the need for an interim reference addendum to the county’s 2002 policy book as the commission revisits and revises it. She suggested assigning reference numbers to the forms and procedures as they make or revise them for easy reference during revision and in the final product.
County Clerk Susan Walker has started adding reference numbers to forms as they are being amended. She has also requested an administrative procedure book separate from the original policy and procedure book. Commissioner David Beerbower agreed.
Per the commission’s decision in the April 28 meeting, the road closure request form now has relevant statutes on the back, instructions for accurately filling out the form, and includes the proviso that those applying for road closures pay the county’s administrative costs to close the road.
An audience member expressed that requiring a citizen to pay for administrative costs of road closures seemed unfair in light of the taxes paid by citizens for the maintenance of that road.
The commission approved Resolution 1625 to update the road closure form and costs.
Resolution for waiving landfill fees for cities of fewer than 400
Beerbower expressed concern that the reduction in landfill fees will reduce income for the Public Works Department. However, he’s okay with giving the break to cities that do the demolition themselves.
“I’d rather all of the garbage be in one spot than all over the county, personally,” said Milburn. She sees this an opportunity to help build and grow in the county.
Public Works Director Eric Bailey said there’s been inconsistent charges to municipalities for construction and demolition waste in the past. He recommended charging for C&D because of the work it requires.
Commissioner Brandon Whisenhunt moved to approve the resolution. Milburn and Whisenhunt voted “yes,” Beerbower voted “no.”
Set public hearing for vacation of road for May 19, 2025 at 5:35pm
The road for the hearing is the alley in between lots 3 and 4 of sub of lot one block eight in Hyattville.
Budget Work Session Update
Milburn wanted to put out a reminder that the commission has requested each department’s detailed budget be submitted to the commission by June 1, 2025.
Work Comp Procedures and Benefits
Beerbower spoke of changes he is proposing to the way the county handles Workman’s Comp. He said the purpose of Workman’s Comp is to protect employees from financial hardship due to injury on the job. With added medical expenses costs amount to more than the 66.67% that comp provides to an employee. In light of the impact on the employee’s inability to work and possible need for care causing their spouse to be unable to work, Beerbower believes there should be changes.
His suggested changes state that any employee injured on the job will be placed on administrative leave until their status is determined, with pay. If placed on workman’s comp, they will remain on administrative leave with 50% pay and remain in that status until released from workman’s comp.
County Counselor Bob Johnson cautioned that it would be wise to run this change by the county’s insurance provider to be sure that if the county has a policy to continue to pay an employee it won’t affect their workman’s comp benefits.
The commission chose to table it until the May 12 meeting to gather more information.
Human Resources
Bob Johnson, county counsel, said most counties don’t have human resources, but it runs through the clerk’s office and then goes to the county counsel if needed. Regarding grievances, he said he would be glad to assist. He also referred to the handbook as the main source of information and guidance.
He offered to talk to Susan’s office to help them make a plan for how to handle employee grievances and infractions in the future.
Milburn expressed concern about a conflict of interest in using the clerk’s office as the county’s HR resource. Johnson agreed, saying she was right and that he would be glad to help.
Hiring for a Floater Position
Milburn said the commission allocated $13,000 at the last meeting for a floater position to help in various offices and report directly to the commission. As it is the county’s policy to hire from within whenever appropriate and possible, she moved to hire Jennifer Hawkins for the position.
The commission approved the motion.
News Business
Kansas Department of Wildlife and Parks
Don George with KDWP spoke to the commissioner about the $40,000 grant from his department that the county received to help with the dam at Elm Creek.
George recommended that the commission renew its current grant, which has expired. The project has been ongoing since August of 2021, but it is much more extensive than a $40,000 project. The grant is a 25/75 split, committing the county to pay 75% of the costs of dam repairs. However, George said they could apply for a phase II grant of another $40,000.
Milburn expressed concern that the project would end up being much more extensive than currently projected.
Eric Bailey suggested they look at minutes from previous commission’s discussion to see if they made any decisions about it.
He also spoke to Frank Young from AG Engineering today, who strongly encouraged the commission to do a safety inspection on the dam to give them recommendations on all that they notice out there. The inspection will cost the county $3000 and has at least a 60 day wait.
Bailey strongly encouraged an inspection and George agreed. Bailey said they know of 3 areas where water is getting through and a valve that needs to be dealt with.
Whisenhunt said he is on a hunt for other money to help with the lake.
The dam was a WPA project and has historical value, said George.
Milburn asked who the county had that could go look for grants. But there’s not currently an economic development resource for the county.
The commission approved motions to extend the grant application and to hire Ag Engineering to do a safety inspection of the dam.
Hard Surface Roads and Bridge Repair Request
Eric Bailey, public works director, spoke to the commission about Uniontown Maple Road connecting a county road to a highway, which will be done later this year as the funds become available.
Yale Road is a priority for his department this year.
The commission approved the current hard surface plan and asked Bailey to come with to the commission with any changes.
Bridge
It’s time to apply for grants for bridges. This year’s bridge is on Jayhawk between 195th and 205th. “It really needs to be replaced,” said Bailey. It would be a project similar to the one at 60th and Grand.
The current estimated cost is $889,127, with the cost to the county being around $85,000. May 23 is the deadline to apply for the 90/10 grant, with the state paying 90 and the county paying the 10 percent.
In the past the county set aside money from a previous FEMA declaration to pay its portion of the bridge replacement costs. When Bailey took over, the county had about $300,000 set aside for that use. A good deal of that was used up with the flood of 2024, but they are expecting a reimbursement from FEMA.
The commission moved that Bailey apply for the grant.
Elm Creek Shelter House #2 has the roof off for replacement, and two large trees near it had to be taken down.
The commission approved the culvert requests.
Adopt a Countywide Letterhead
Milburn suggested that the commissioners bring examples of letterheads for them to choose from.
“Things are changing so we need to change our logo,” said Whisenhunt. He suggested having a school competition at the start of the 2025-26 school year for students to design a new logo for the county.
Dump Fees for Employees
Milburn moved to end the perk of no dump fees for county employees because of complaints she had received from more than one person.
Beerbower wants to deal with the inconsistency issues but keep the benefit for county employees.
Whisenhunt said that if they are going to run it as a benefit, they should figure out what it’s costing the county.
The motion failed for lack of a second, and the issue was tabled for discussion at the next commission meeting.
Bourbon County Mission Statement
Milburn said, “I think we need a mission statement.” Beerbower agreed, and the commissioners agreed to bring it back up on June 2.
Commissioner Comments
Beerbower announced that due to surgery, he will be unavailable after the 13th for a couple of weeks and needs a commissioner to attend the zoning committee meeting on May 14th.
Beerbower then spoke of the changes the commission has been working on, particularly in how the county does its work. He said he believes it’s time to start restructuring some of the departments that the commission oversees. He moved to separate the landfill from public works, using revenues generated by the landfill to offset their budget. The landfill is vital to the community, he said, “I believe they will benefit more from having their own supervision and answering directly to the commission.”
Milburn said she thought separating that would cause additional cost to the county in the form of hiring a director.
Beerbower said that he had reservations about the seperation when it was first proposed, but now believes it’s the right move.
Milburn suggested that they let Johnson help with the personnel issues and wait until they get to the budget talks to do anything further. She wants to see all the restructuring as a whole rather than starting on it piecemeal.
Whisenhunt believes restructuring is also in order, but the problem is that they have a building they need to pay for. The need to crunch the numbers is the only reason Whisenhunt didn’t second it so the motion died.
Milburn then moved to table the discussion and to look at the restructuring as a whole.
The motion carried.
Milburn thanked the cooperating agencies that have kept on through the years advocating for the community, particularly George with KDWP. She also thanked Johnson for offering to help with the HR issues and Greg Motley for his help with the budget meetings.
“I am committed to improving and becoming more proficient,” she said.
“I want to thank you [Milburn] for jumping right in and taking the bull by the horns,” said Whisenhunt. He also thanked the citizens who speak up and tell the commission what they think.
Laura, the register of deeds, is fighting pneumonia. Whisenhunt asked that we please pray for her. She is a vital part of the county.
Legislative Update by State Senator Caryn Tyson April 25, 2025
Even though the 2025 session ended a couple of weeks ago, several bills were recently signed into law. After a bill passes the legislature, there is a 10-day time frame to get it to the Governor. The Governor then has another 10 days to sign or veto the bill, if not it becomes law without the Governor’s signature. This week my update focuses on tax policy. All legislation can be found at www.KSLegislature.gov.
No Personal Property Taxes on electric wheelchairs, ATVs (all-terrain vehicles), snowmobiles, off-road motorcycles, golf carts not operated on the highway, motorized bicycles, trailers 15,000 pounds or less used for personal use, and watercraft. A couple of years ago a constituent called and said she paid more property taxes on her ATV than on her home. Coincidently, the president of the Kansas County Appraisers Association (KCAA) called me and suggested exempting certain items from property taxes, such as electric wheelchairs, ATVs, and such. It took a few years, but we got it into law.
Property Tax Increase Notices, (CCR 2125) sometimes referred to as notices to exceed revenue neutral, printing and postage will be paid by the state for 2025 and 2026. A few local officials will complain about the cost of the letter, but the state has offered reimbursement since the law passed. It is the only advance notice of proposed property tax increases that taxpayers receive. Last year, over 60% of the over 4,000 property taxing authorities remained revenue neutral, they did not collect more in property taxes than the previous year. That would have never happened without the revenue neutral process in law. The format of the letter will also include totals and a couple of other changes.
Property Tax Statements that county treasurers mail are now required to be mailed by December 1, instead of December 15. Payments will still be due on December 20.
Local Government Budgets will be due to the county clerk by Oct 1, or the clerk will use the previous year’s budget and amount of property taxes to be levied. Currently, local government budgets not exceeding revenue neutral are due Aug 25, and the rest are due Oct 1. Why? Because it wasn’t changed when another statute was repealed, so I worked to make the change.
Filing Fees for the Board of Tax Appeals (BOTA) will be good until the BOTA case for that parcel is heard. It didn’t make sense that taxpayers had to pay the fee each year until the case was heard.
Property Tax Freeze for Seniors and Disabled Veterans was expanded by exempting Social Security from household income. It was the only expansion we could get passed by both chambers. I will continue to work on addressing the broken property tax system so more people are able to stay in their homes.
Head of Household and Disabled Veteran income tax filers will have an increased personal exemption. Last year we increased personal exemptions and exempted Social Security from state income tax. At a legislative coffee, I was thanked for my work on this. It was very kind to hear, because I have worked diligently in leading this effort to get these and other tax cuts into law.
Countywide Sales Tax Apportionment will keep the current sales tax distribution of the countywide sales tax. You may remember, county sales tax must be shared with municipalities unless specified differently. That distribution is based off mill levies. By keeping the current distribution until December 2026, this will allow counties to lower mill levies without decreasing sales tax apportionment for a year. This should give the legislature time to change the equation so that counties attempting to lower property taxes will not receive less sales tax.
Sales Tax Exemption on Custom Meat Processing was passed into law last year, but the Department of Revenue was requiring a form be signed by each customer claiming the sales tax exemption. This form will no longer be required. The customer will be responsible for paying the sales tax if it is not custom for their own use.
It is an honor and a privilege to serve as your 12th District State Senator.
Caryn
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Weekly Newsletter from U.S. Congressman Derek Schmidt
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Civil War Camp Dance April 12
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Fort Scott High School Football Booster & Athletes Fundraiser “Egg My Yard”
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Highschools Add “Pirate Talk” As Foreign Language Option
As high schools around the country look for ways to help students meet the two-year foreign language requirement, Fort Scott and Uniontown have come up with an innovative way to offer a new exciting option by pooling their resources to hire a new teacher for “pirate talk” classes at both highschools.
“It was really hard to find a teacher qualified to teach pirate speak,” said a school administrator who was hard to identify on this particular date. “Especially because most people who are good at speaking pirate, are usually looking for watery waves and less amber grain. But we are proud to announce that we’ve managed to procure the services of Captain Barnaby Blackwater as a teacher for the 2025 to 2026 school year.”
When asked about the compensation package offered Mr. Blackwater, the administrator seemed a big hesitant and mumbled something that sounded like “rum, doubloons, and more rum…” but it wasn’t clear exactly what they were trying to say.
Mr. Blackwater agreed to a short interview to answer some questions.
Captian Barnaby Blackwater, what convinced you to give up the high seas to come teach our high school students how to speak like a pirate?
Arrr, that be a fine question, matey! Truth be told, sailin’ the high seas be grand, but when the good folk o’ Bourbon County waved doubloons and barrels o’ their finest rum under me nose, ol’ Barnaby couldn’t resist!
Mind ye, I’m still scratchin’ me beard ’bout the notable absence o’ oceans ’round Kansas—makes sailin’ me ship, the Salty Grammar, mighty tricky—but the thought o’ teachin’ landlocked lads and lasses the sweet tongue o’ piracy warmed me black heart. And between you an’ me, I’ve a notion to recruit a few sturdy seniors to crew me ship once their diplomas be in hand! Harrr-harr-harr!
Some people say that learning pirate speak isn’t comparable to learning a foreign language and students should be required to learn more traditional languages. What do you think of those claims?
Arrrr, poppycock and bilgewater, says I! Pirate speak be as foreign as any tongue sailed across the seven seas. Why, me hearties, Pirate speak is brimmin’ with culture, tradition, and adventure—enough to put French or Spanish to shame!
Besides, when was the last time ye heard o’ French helpin’ ye find buried treasure, or Spanish teachin’ ye how to properly swing a cutlass and shout fearsome insults at yer foes, eh?
Will Pirate Speak help students get positions in the job market?
Arrr! A wise query indeed, matey! O’ course Pirate speak be useful in the job market—more useful than a parrot that can recite poetry, I’ll wager!
Think o’ the skills these young buccaneers’ll master: assertive communication (“Hand over the doubloons, ye scallywag!”), leadership (“Hoist the mainsail and ready the cannons!”), negotiation (“Five barrels o’ rum or I be walkin’ away!”), an’ teamwork (“All hands on deck, ye salty seadogs!”).
Plus, should traditional jobs fail ’em, there’s always plenty o’ room aboard me ship, the Salty Grammar. Ol’ Captain Blackwater always be lookin’ for hearty new recruits with a flair fer proper Pirate speak! Harrr-harr!
Vacant Commissioner District Convention on April 5
The Convention to replace and appoint the District 3 County Commissioner for Bourbon County will be April 5th at 9am in the Ellis Fine Arts building meeting rooms. The precinct men and women from the old District 3 will be the voting delegates.
A letter of resignation was submitted to Bourbon County by Leroy Kruger on Tuesday, March 18, and forwarded to the Kansas Governor’s Office.
According to Jennifer Hawkins, Bourbon County Deputy Clerk, the Bourbon County Republican Party has 21 days from the day they receive the notice of vacancy from the Governor’s Office to appoint someone to the seat.
The Bourbon County District 3 Appointment Area is defined as the area designated as District 3 (prior to the geographical redistricting done to increase the Bourbon County commissioner total from three to five). District three is the pink district on the map.
Interested Republican residents of Bourbon County District 3 seeking to fill the county commission seat should send a letter of interest with qualifications, rationale, and reasons why they should be selected to: Kaety Bowers, Chairwoman, email bourbon.county.republicans@
Any questions regarding your address and its location within the district should be directed to Susan Walker, Bourbon County Clerk; phone 620-223-3800 ext. 191.
The Republican Party will certify the appointment with the Governor’s Office who will then approve the appointment and issue a certificate of office to the new appointee.
The individual appointed will not be able to conduct business as a County Commissioner until they receive their certificate from the Governor’s Office.
Hawkins has been keeping a file of resignations for the past two years, and remembers other resignations of commissioners during her 11 years of working for the county. Most recently, Nelson Blythe, 1st District Commissioner, resigned 4-1-2024 and Brandon Whisenhunt was appointed to fill the vacant seat.
Lynne Oharah, 1st District Commissioner, resigned 7-13-2022 and Nelson Blythe was appointed to fill the vacant seat. Nick Ruhl, 3rd District Commissioner, resigned 8-26-2020 and Clifton Beth was appointed to fill his vacant seat.
March 3 Bourbon County Commission meeting
The Bourbon County Commission covered a number of topics in their meeting on March 3, 2024.
Hospital equipment disposal
In order not to hold up the work on the hospital, the equipment needs to be moved out as soon as possible.
Commissioner Leroy Kruger said he is still working on a date for the auction and that the hospital wants the stuff out sooner than the county can get it out. He asked the commission for permission to rent some portable storage boxes to put on hospital property to store the item in until the auction. He also said there will be a few incidental expenses to facilitate the auction that the county needs to purchase, as well as employees to help move the items when they sell.
Commissioner Brandon Whisenhunt said that in light of the short timeline, storage should be purchased at Kruger’s discretion, as well as other costs for the auction. The commission then voted and approved the needed funds to be taken from the commission budget.
At the end of the meeting, Kruger asked that those willing to volunteer to help with the auction contact him.
Kruger corrected his comments from the last commission meeting, “We do not donate the proceeds of this sale. They go back to the county general fund.”
Area on Aging board member from commission will be Whisenhunt.
New business
Marian township treasurer recommendation of Larry Jergenson was approved by board.
Housing development
John George spoke to the commission representing Dr. John Dirling who owns property along old Highway 69 south of Popler that he wants to develop by building houses on it. It has water, gas, electric, and direct access to old 69 highway.
He would sell it as 13 three-acre lots running from north to south along old 69, each of which will require a culvert from the county to access the property. George came to the county to check their regulations.
Dirling is looking at the next generation and the need for housing of this type in the county.
Commissioner David Beerbower said that the individual buyers will need to contact Bourbon County public works regarding culverts.
Fence viewing request
Peggy Jackson, came to the commission wanting to know which end of the fence is hers and which is her neighbors. His cows have been out on her property and they cannot come to an agreement about who’s responsible for the fence.
Whisenhunt said that by state statute it’s a 50/50 split if there are agricultural products on both sides. It has to be a 5-strand barbed wire fence.
Kruger said if it comes into damages, that becomes a civil issue that must go to court.
County attorney Bob Johnson said if it’s on private property, the county doesn’t have ability to interfere.
Department Updates
County Clerk
County Clerk Susan Walker brought up some questions involved in finalizing financials for 2024.
She mentioned that the county has to abide by a budget law and a cash basis law. She said that several individual funds are lacking in the 3-6 months of expenses cushion they should have at this time. “We need to save as much money as we possibly can.”
The general fund is in better shape than Walker had feared it might be because several departments didn’t spend all their funds and gave it back to the county.
She also said that the commission had been required to transfer from the appraiser fund and the Sheriff’s fund because they did not have the budget authority to spend the cash that they had. So they ended up moving about $53,000 of expenses from the sheriff’s fund into the general fund.
NRP caused troubles for the appraiser.
Walker said the other funds look okay, but the election funds are lacking because of the big election held in 2024.
She also said the landfill has a $53000 deficit. State statutes require more, but the county can work towards that.
Re. transfer of $31,130 if it’s not made, it stays in the sheriff’s budget, but he’ll require a budget amendment to be able to use it.
After the discussion, Whisenhunt made motion to move $31,130 from the Sheriff’s budget back to the general fund. as it will not affect the Sheriff’s Department budget this year and the funds can be used to cover a portion of the $53,000 that the county paid out of the general fund for the Sheriff’s department. The motion carried.
Register of Deeds
Lora Holdridge, Register of Deeds, spoke to the commission about a number of road and deed issues.
The first was a request to the rest of 105th from 95th all the way up to Maple. It was an intended road many years ago, but it not a road now. Land owners affected are for closing it. There is currently no signage that says road closed. “You wouldn’t even know it’s a road unless you are intentionally going down there,” said Holdridge.
Statutory rules for closing section line roads involving giving notice to land owners, said county attorney Bob Johnson.
Whisenhunt said once the work of giving notice and publication is done, the commissioners will close the road.
Holdridge also brought up the road situation at 95th and Unique. A land owner on Unique is asking county to maintain entire road up to his house.
Public Works Director Eric Bailey said that on July 6, 2021 the commission asked him to look into the situation. On July 13, 2021, per the 1989 map, the commission was told that there is 1,056 feet of Unique opened up to the west off of 95th. That section receives county maintenance.
Bailey says his policy is to not work on unplatted roads, but in the past, others may have operated by a different policy.
Whisenhunt explained that the school bus used to drive up to the individual’s house and turn around, but now that his kids are out of school and no longer ride the bus, the county no longer maintains that section, which is not actually road, but driveway. Whisenhunt’s current position is to continue to maintain the 1,056 feet, but do no more at this time.
Holdridge also asked the commission to work to get the deed situation with Legacy for Lot 4 straightened out. She said that the county and EMS in particular were led to believe Lot 4 would be given to them, and she has contacted the former county attorney and Legacy, but nothing has been done yet.
“For somebody who owes over $20,000 in back taxes, I think that they need to get that deed to us ASAP,” she said.
Holdridge went on to ask the county commissioners why the county isn’t going after the rest of the lots on the property that was given to Legacy.
“They are not paying their taxes. They sold the property that they got for free. We can’t even get them to give us a deed,” she said. “I just want the deed to get fixed so EMS can have their building. That’s the main thing.”
Johnson said he would look into it. “It would be dependent upon what the agreement is and if there’s a reservation on the deed,” he said.
The commission scheduled a work session for 5:30 on Monday March 10 after they care for payables and payroll. They also cancelled the work session on March 12. Work sessions are open to the public.
Commissioner Comments
Kruger
The public meeting with the solar company scheduled for March 19 is a public meeting, not a commission meeting. Commissioners will not be in attendance. “With everything that’s going on and things that we’re working on, we’re not going to associate ourselves with them at this point in time.”
Whisenhunt said it’s the purpose of the company to meet with the public. Kruger wants it to be clear that the meeting taking place at the courthouse does not mean the commission is endorsing this company.
Whisenhunt
Free dump day should be done, one city at a time throughout the county.
Executive Sessions
Bob Johnson: executive session per KSA 75-4319 B2 for a consultation with the attorney for the public body of agency which would be deemed privileged in the attorney/client relationship for 30 minutes.
Brad Matkin: executive Session for 10 minutes per KSA 75- 4319 B4 to discuss data relating to financial affairs, trade secrets or corporations, partnerships, trusts and individual proprieterships.
Resumed session with no action at this time.
Ft. Scott City Commission approves letter of support for house-building grant by FSCC
Ft. Scott Community College came to Fort Scott City Commission last week to obtain a letter of support for a house-building grant they are applying for. The application is due February 14, 2025.
Sonia Gugnani, Vice President of Academic Affairs and Rory Chaplain, Associate Dean of CTE and workforce development spoke to the commissioners on Feb. 13 in a special meeting.
Gugnani told the commission that Fort Scott Community College is applying for the Frame grant through the Department of Commerce for community and technical colleges in Kansas. It’s a construction trade grant. The total amount available is $2million, with awards ranging from $250,000 to $1 million per award for those who qualify. This grant is to be used to build 4 houses in the next 2 years, with the first 2 either being renovated or built in the first year and proceeds from the sale of those properties used to build another 2 houses in the next year.
However, the grant money cannot be used buy the land or create the infrastructure needed for the houses.
Gugnani told the commissioners that FSCC wants to collaborate with the city to benefit students and residents of Bourbon County. She asked the city to donate land to build houses on. These houses would be 1100 to 1500 square feet with 3 bedrooms, 2 baths. The Bourbon County Housing Assessment study by Regional Economic Development Inc. (REDI) in 2022 showed there is a need for these kind of houses in Fort Scott.
It would give our students work alongside the contractor and give them an opportunity to give back to their community, said Gugnani.
Chaplain explained that their aim is to build houses in the $185,000 to $225,000 range, so they “feel like it kind of needs to be more of a subdivision, rather than infill,” because the goal is to perpetuate the grant by continuing to build and sell homes. This will give students the ongoing opportunity to learn building skills. Homes must be sold within 180 days of completion.
They are hoping to build a neighborhood, according to Gugnani. The problem with using the renovation option of the grant, is that the department of commerce says they (the homes) must be uninhabitable to qualify.
Commissioner Katheryn Salsbury asked if the school could work with the land bank, which keeps the city from having to build all the infrastructure on a neighborhood plot of land. “It seems to me like that would be a better route,” she said.
Chaplain explained that the issue with using land bank properties is the difficulty of getting a clear title. “The Frame grant allows us to do more, as far as scale. We want to get a bigger return up front before working infill lots.”
Regarding the need to add infrastructure, he said if the land has water and sewer, that could spur on other builds from other contractors.
Gugnani also pointed out that the lots need to be adjacent to facilitate student’s working, as they are bussed over from their schools.
Commissioner Tim Vanhoeke verified that the school does not already have a parcel in mind, and asked how much FSCC is putting into the purchase.
City Manager Brad Matkin explained that the city would purchase the land and gift it to FSCC. As for infrastructure, the city would do it. He said that committing to a certain dollar amount of land purchase money is all the grant application requires.
Commissioner Tracey Dancer said he is not supportive of the city being a land holder or of city tax payers paying to supplement another taxing entity’s acquisition. FSCC already taxes residents of the city and, “the idea that the city tax payers would then pay again, more, to then supplement the community college’s budget. I can’t support it.”
Chaplain responded that FSCC is not asking for more taxes. “The point of the grant is to bolster housing and then also the training for the skills gap…and then also the economic development.”
Gugnani said it’s about whether or not they can include the city’s support in their grant application.
Commissioner Matthew Wells said, “You gotta look at the benefits vs. the cost. One of the benefits that this would bring, specifically to the school, is that if they can get this grant and invest in it now, then in the third and fourth year, they’re going to have the money….this is something that allows them to sow in to doing the land bank properties later.” If they go after the land bank properties right now, they’re not going to make enough of a return to make this particular grant viable for the long-term probability of the program to be able to benefit the city.19:14
Matkin suggested the city buy a 10 acre plot, give 4 to the school to build on and sell the rest to developers to recoup the costs of the city’s initial investment.
Katheryn Salsbury mentioned that at the last city commission meeting they discussed the need for properties in the $60,000-$70,000 range. “I wish that’s what we were doing here….are there enough people in the area who can afford housing these houses that are $125,000 plus?”
Chaplain said that based on housing study and realtors they’ve spoken with, the range they are aiming for is the most popular ask.
Vanhoeke asked what number FSCC wants the city to commit to.
Chaplain replied they are looking at property in the $10,000-$15,000 per acre range.
Matkin said that while the city doesn’t have a 5-10 acre plot within city limits, but there are properties owned by others.
Dancer said he could support working with land bank properties. But reiterated his unwillingness to help another taxing entity (FSCC) by spending taxpayer dollars to buy property.
Matkin replied that FSCC isn’t asking for the city to help them with their budget, they are asking for a grant to give kids the opportunity to build houses. The grant provides material and tools.
Chaplain asked about the city’s economic development dollars.
Dancer said it was already designated. Wells disagreed, saying they had “over $100,000,” and Matkin mentioned land bank money as well.
“We are not looking for 8-10 acres, that was just an idea for the city to recoup the costs,” said Gugnani.
Commissioner Dyllan Olson said the city has to grow. “If your saying investing $100,000 to get more than $2 million in return is a bad investment, I would have to disagree with that.”
Wells pointed out that at the end of the day the city would get 4 taxable properties that would pay back into the city coffers in the form of property taxes for the foreseeable future. He said that by spending $30,000 for 2 acres for the school to build houses on, at current tax rates, the city would recoup their investment in less than 10 years.
Olson said the land bank lacks properties with clear titles that would be viable for the school’s project. Title insurance won’t be available for at least 10 or 15 more years, while the land bank works to clear up the titles.
“We need to make sure were are building the place that we able to sell it so we can recoup the money so that we can continue this project…Building is one part of it. Sustaining is a bigger part of it,” pointed out Gugnani. She said that all the profits of the sale of the houses are rolled into building the next house. FSCC cannot keep any of the money.
Vanhoeke said he was opposed to putting any monetary support in a letter of support from the city.
The City of Fort Scott, REDI, Bourbon County Foundation, and USD234 have all been asked for a letter of support, per Gugnani.
Wells made motion: Because it’s Fort Smith Community College and would provide benefit to our city, provide employees that know how to build, “I’d be willing to offer up at least $30,000 from the economic development fund to be able to purchase land to donate to the school in order to get this program going, just based on the return that we’re going to see.”
Motion was seconded by Olson.
It failed to carry due to Dancer, Vanhoeke, and Salsbury voting against it.
Dancer then made a motion for a letter of the support to include infrastructure, but with no dollar amount or acquisition of property.
Olson asked if the city manager could then look for properties.
Dancer then retracted his motion.
“We have 25 years of not having new housing,” a concerned citizen addressed the commission, saying that the community serious has housing issues and has voiced that they are desperately looking for new housing. “All I ask is that you take the time to consider… that they [community] are looking for some new options to be able to stay here in Ft. Scott. Our population is continually declining. If we don’t make some sort of a move in some direction, I’m afraid that that decline will still continue.”
Salsbury tried to bring the commission to a decision saying they want to support FSCC, but without a dollar amount.
Vanhoeke said dollars should be used to incentivize contractors to rehab or build infills, not fund FSCC’s plan.
Matkin asked what the difference is between giving financial help to a developer (which he predicted would be asked for in a future commission meeting) and buying land for FSCC to build houses on, because it’s a grant they are going after, it’s not benefiting FSCC, but the tax payers by putting houses on the tax rolls.
It’s beneficial to the people who live here and attracting people who commute here. The students who live here in the county, help the community, take pride in it, will be building the houses, pointed out Gugnani.
Wells said there are more than 2,800 commuters to Fort Scott who want to live here, but they want new homes, so they buy them in other cities.
Dancer said that due to the short notice, he is disinclined to commit to support in a monetary amount. “The public has not had a chance to consider this, to contact their representatives…”
Chaplain apologized for the last-minute nature of their meeting, but said regarding helping FSCC and developing housing in Fort Scott, “I don’t think that should be anything new as far as what the idea is.”52:08
Wells made the motion, “that the city write a letter of support saying that we will donate land for the building of the four houses and help with the infrastructure that is needed in order to get the grant.”
Olson seconded.
Dancer wanted to clarify that the city is committing to donate the land by the Aug. 1, 2025 grant start date, “whether we have it currently or not. So sometime in the next 5 months we would have to find the land, or acquire the land, or have it donated.” He expressed concern about urgency driving prices of the land up.
Vanhoeke and Dancer voted no.
Wells and Olson voted yes.
Salsbury broke the tie with her “yes” vote.