Bourbon County Commission Meeting Agenda – September 28, 2026, 5:30 PM

agenda-packet (full PDF)

• I. Call Meeting To Order (Page 1)
• II. Pledge Of Allegiance (Page 1)
• III. Prayer – Allen (Page 1)
• IV. Introductions (Page 1)
• V. Approval Of Agenda (Page 1)
• VI. Approval Of Minutes (Page 1)
• VII. Approval Of Accounts Payable – $190,321.80 (Page 1)
• VIII. Executed Documents For Record (Page 1)
• IX. Public Comments (Page 1)
• X. Executive Session K.S.A. 75-4319(b) (Page 1)
  • a. Subject: Employee Performance – K.S.A. 75-4319(b)(1)
  • b. Subject: Pending Litigation – K.S.A. 75-4319(b)(2)
• XI. Department Updates (Page 1)
  • a. Budget Discussion – Adoption and Signing of Budget
  • b. Emergency Management / Salary Grant Application / Opp Plan Discussion – Lou
• XII. New Business (Page 1)
  • a. Murphy Tractor Rep Roland – Milburn
  • b. TEC Phone Prompts – Milburn
  • c. Allen County Appraiser MOU
  • d. Bourbon County Clay Request – Allen (Page 2)
• XIII. Old Business (Page 2)
  • a. Purchasing Policy – Milburn
  • b. Construction Courthouse Move Update – Beerbower
  • c. Employee Benefit County Defined Contribution
  • d. KORA Policy Resolution – Clerk
  • e. Transfer Station Equipment – Beerbower
  • f. Transfer Station Rates – Beerbower
  • g. Kenny Allen – Motley
• XIV. Commission Comments (Page 2)
• XV. Future Agenda Topics (Page 2)
• XVI. Adjournment (Page 2)

Detailed Information Packet Summary

1. Accounts Payable Bills & Invoices – Batch Due 9/25/2026 (Pages 7–34)

The packet includes the full 28-page department summary for the accounts-payable batch commissioners will be asked to approve under Agenda Item VII.

Batch Due 9/25/2026 — Grand Total: $190,321.80 (Pages 7–34)

• Non-Departmental Funds: $123,689.10 combined across 11 funds, including Road & Bridge Sales Tax Fund $49,258.49 (Coastal Energy Corporation asphalt purchases of $14,261.80 and $14,194.70), County Sheriff/Correctional $22,165.99, Road & Bridge $12,930.02, Landfill $10,792.95, Bond Sales Tax–County Jail $10,120.69, Road & Bridge Sp. Improvement $8,756.50 (Schwab-Eaton bridge inspections), and Sheriff’s Trust-Forfeiture $7,200.00 (Ironheart High Performance Working Dogs K9 drug-detection course). (Pages 7–13)
• County Department Operations:
  • County Commission — $254.36 (Page 13)
  • County Clerk — $5,986.36, including $5,572.09 in election supplies (Page 14)
  • County Treasurer — $49.96 (Page 15)
  • County Attorney — $14,245.36, including $13,550.55 to Fisher, Patterson, Sayler & Smith LLP for legal services (Page 16)
  • Register of Deeds — $40.04 (Page 17)
  • Courthouse Maintenance — $58.49 (Page 18)
  • County Coroner — $7,425.00 to Forensic Medical for autopsy service (Page 19)
  • District Court — $2,031.03 across 123 invoices, mostly juror daily fees and mileage (Pages 20–27)
  • I.T. — $12,759.60 to Heartland Business Systems for annual email service (Page 28)
  • Juvenile Detention — $11,194.00 to SEK Regional Juvenile Detention Center (Page 29)
  • Ambulance Service — $298.94 (Page 30)
  • Courthouse General — $12,289.56, including $7,599.65 to Evergy for 210 S. National utilities and $3,040.58 to Otis Elevator (Page 31)

2. Accounts Payable Bills & Invoices – Batch Due 9/21/2026, Previously Approved (Pages 40–53)

The packet also carries the 14-page batch that commissioners already approved at the September 21 meeting, added at the table for a total of $110,758.06.

Batch Due 9/21/2026 — Grand Total: $110,758.06 (Pages 40–53)

• Non-Departmental Funds: $3,316.95 total, including Employee Benefit $1,766.96 and Addiction Settlement Fund $984.28 (Path of Ease Association mobile mechanic services). (Pages 40–41)
• County Department Operations:
  • County Commission — $69.92 (Page 42)
  • County Clerk — $518.00 (Page 43)
  • County Attorney — $10,271.56, including contracted assistant county attorney services from Clifford Wayne Lee ($3,500), Justin Meeks ($2,500) and Matthew Bonner ($3,500) (Page 44)
  • County Coroner — $1,350.00 for body removal/transport (Page 45)
  • Emergency Preparedness — $390.11 (Page 46)
  • Dispatch — $60,500.00 to the City of Fort Scott for 2026 dispatching services (Page 47)
  • Ambulance Service — $556.25 (Page 48)
  • Health Board — $22,687.50, the 2026 third-quarter mill levy to SEK Multi-County Dept of Health (Page 49)
  • Courthouse General — $4,004.67 (Page 50)
  • Human Resources — $7,093.10, including payroll and benefits consulting services (Page 51)

3. Official Meeting Minutes Approval – September 21, 2026 (Pages 3–6)

• Attendance & Logistics: Commissioners Milburn, Allen, Tran and Beerbower were present with Clerk Ann Clarkson; the meeting was called to order at 5:30 PM at 210 South National Avenue. (Page 3)
• Agenda Modifications: Additions were made for a budget discussion, a court-relocation item, and an accounts-payable batch of $110,758.06; approved as amended by Milburn, seconded, all approved. (Page 3)
• Financial & Payables Approvals: Accounts payable were approved in two batches — $581,360.08 that went out with the agenda and $110,758.06 added at the table — motion by Milburn, all approved. (Page 3)
• Public Comments: County employee Bob Reed spoke on wages; Clint Walker addressed executed-documents procedure; Kevin Allen renewed concerns about transfer-station foam-filled tires, air conditioning repairs and partial holiday hours. (Pages 3–4)
• Executive Session – Appraiser: A 5-minute executive session was held on appraiser employment; Commissioner Milburn-Kee was authorized to continue onboarding the incoming non-elected appraiser. (Page 4)
• Budget Discussion: County budget consultant Matt Lawn presented 2027 budget scenarios ahead of the September 30 deadline, including a Road & Bridge overspend of roughly $240,000 and discussion of a wage increase above the 5% baseline built into projections. (Page 4)
• Old & New Business: Board authorized Beerbower to sign the Apex Environmental asbestos/lead inspection agreement; approved Resolution 30-26 appointing Danielle Louk County Appraiser; adopted Resolution 31-26 reallocating courthouse lower-level space; tabled the KC Crown/HITC housing project, purchasing policy, employee benefit restructuring and KORA resolution for further review. (Pages 4–6)
• Adjournment: Motion to adjourn by Commissioner Allen, seconded, carried unanimously. (Page 6)

4. Restrictive Covenant – Former Landfill Property (Pages 35–39)

• Recording Details: Recorded September 18, 2026 in Book 533, Pages 399–402 by Register of Deeds Lora Holdridge; the tract in Section 19, Township 25 South, Range 25 East is a closed solid-waste disposal area under KDHE Permit #206. (Page 35)
• Terms: The covenant grants KDHE a permanent easement to monitor and maintain the closed landfill cap, requires KDHE approval before any future construction or excavation, and runs permanently with the land. (Pages 36–37)
• Execution: Signed by Vice Chairman Joe Allen on 9/1/2026 and notarized by County Clerk Lora Ann Clarkson. (Page 38)

5. Resolution 28-26 – Comprehensive Plan & Zoning Code Planning Agreement (Pages 54–57)

• Scope: Approves a Planning Services Agreement with Confluence, Inc. to develop a Comprehensive Plan and Zoning Code Regulations addressing utility-scale wind/solar, battery storage, data centers and other land uses identified under the county’s Resolution 24-26 moratorium. (Pages 54–55)
• Funding: Total fee of $116,500, including up to $5,000 in reimbursable expenses — $36,000 from the 2026 General Fund and $80,500 from the 2027 General Fund. (Page 56)
• Adoption: Adopted September 14, 2026 and signed by Chairman Mika Milburn-Kee and Commissioner Beerbower. (Pages 56–57)

6. Resolution 29-26 – Revenue Neutral Rate Exceedance (Page 58)

• Levies a property tax rate exceeding the calculated Revenue Neutral Rate of 54.661 mills, following a September 14, 2026 public hearing at which the Board heard testimony and still found it necessary to exceed the rate. (Page 58)

7. Meeting Minutes – September 14, 2026 Regular Meeting & RNR Hearing (Pages 60–65)

• Public Hearing: Staff presented a proposed mill levy of 56.678 versus the 54.661 Revenue Neutral Rate — a 2.017-mill difference representing about $294,000 in additional revenue on an assessed valuation of $138,681,091; the Board adopted the resolution to exceed RNR 5-0. (Page 60)
• Public Comments: Kyle Parks spoke in support of funding the comprehensive plan and zoning initiative; Care to Share board members reported assisting cancer patients at over $12,000 per month and announced the 5th Annual Fort Fest, September 25–26 at Riverfront Park. (Page 61)
• Executive Sessions: Held for appraiser-applicant interviews and for attorney-client consultation on pending legal matters. (Pages 61–62)
• Old Business: SEKRPC update on pending Bronson CDBG water-system grants; adoption of the Confluence comprehensive-plan/zoning Resolution 28-26; burn ban lifted effective immediately following five to six inches of recent rainfall. (Pages 62–63)
• New Business: Kevin Allen and Clayton Miller raised transfer-station concerns including a CDL driver pay-plan increase from $17 to $30/hour and a request for a profit-and-loss analysis before rate changes; a fence-viewing request was found outside the scope of K.S.A. 29-201; the KC Crown Fort Scott housing project was postponed; the HR RFP was approved for publication. (Pages 63–64)

8. Resolution 30-26 – Appointment of County Appraiser (Pages 66–67)

• Appoints Danielle Louk, a Kansas Registered Mass Appraiser, as Bourbon County Appraiser effective September 21, 2026 to fill the unexpired term through June 30, 2029, repealing Resolution 20-25 and authorizing a shared-services arrangement with Allen County. (Pages 66–67)

9. Special Meeting Minutes – September 14, 2026, Appraiser Interviews (Pages 68–70)

• Commissioners Allen, Beerbower and Milburn met in person with Commissioner Sam by phone (Motley absent) to conduct four rounds of executive-session interviews with appraiser candidates, concluding with a final candidate, Brooke, interviewed in person. (Pages 68–70)

10. Allen County Appraiser Memorandum of Understanding (Pages 110–113)

• Shared Services: Danielle Louk will serve as County Appraiser for both Bourbon and Allen counties beginning September 21, 2026, each county administering her payroll, deductions and KPERS separately as her own W-2 employer. (Pages 110–111)
• Health Insurance Cost-Share: Allen County continues to administer her health coverage; Bourbon County reimburses half the $905/month premium ($452.50/month, $5,430 annually), with a prorated September payment of $150.80. (Page 111)

11. APEX Environmental Consultants Proposal – Courthouse Asbestos/Lead Inspection (Pages 72–76)

• Scope: Pre-renovation asbestos NESHAP inspection, lead-based paint (XRF) screening and ambient air monitoring of the courthouse elevator and third floor ahead of planned renovation work, Proposal No. 26147AL dated September 4, 2026. (Page 72)
• Fee: $2,475.00 for field inspections and report generation plus an estimated $1,050.00 for 30 asbestos bulk samples at $35.00 each. (Page 74)
• Execution: Agreed to by Commissioner Beerbower on September 21, 2026. (Page 75)

12. Bourbon County 2027 Adopted Budget (Pages 77–104)

• Summary: Total 2027 budget authority of $19,969,633 against $8,148,472 in 2026 ad valorem tax, with the General Fund carrying $3,681,333 in authority and $1,788,956 in tax; the Revenue Neutral Rate is 54.661 mills against a proposed estimated rate of 56.678 mills. (Page 77)
• Major Funds: Employee Benefit $3,041,751; Law Enforcement $2,851,353; Road & Bridge $3,254,807; Road & Bridge Sales Tax $1,907,000; EMS $1,261,844; Jail/County Building Sales Tax $1,248,404; Emergency Services Sales Tax $1,000,000. (Pages 91–98)
• Debt & Leases: $5,080,000 in outstanding G.O. bonds as of January 1, 2026 and $3,098,088 in lease-purchase principal, including a Rock Crusher, motor graders, a mini excavator and the 2016 jail pod. (Pages 79–80)

13. Emergency Management Performance Grant (EMPG) Application (Pages 105–106)

• FY2026 application marking Bourbon County as a new EMPG participant; Emergency Manager Louella Howard works part-time, 15 hours per week; signed by Commission Chairman Gregg Motley for submission to KDEM by September 29, 2026. (Pages 105–106)

14. Murphy Tractor Training & Production Optimization Report (Pages 107–109)

• Two-day operator and maintenance training on the county’s rock crusher and classifier; technicians replaced worn vibrating pad springs, cleaned cooling packages and corrected conveyor tracking, reporting a production increase from roughly 400 tons per day to about 3,600 tons during the optimized run; nine county employees were trained. (Pages 107–109)

15. Purchasing Policy Resolution & Draft Policy (Pages 116–125)

• Resolution: A draft resolution dated 9/21/2026 establishing a competitive-bidding requirement for county purchases over $10,000, requiring at least three competitive bids when reasonably possible. (Pages 116–117)
• Detailed Draft Policy: A 25-section draft purchasing policy sets tiered thresholds — competitive price comparison under $2,500, three written quotes from $2,500–$9,999, formal bid or RFP at $25,000 and above — plus rules on sole-source purchases, emergency purchases, change orders, and a requirement that Public Works submit an annual list of anticipated major purchases. (Pages 118–125)

16. Employee Insurance Benefit Proposal (Pages 127–128)

• Proposes standardizing the county’s insurance contribution at $1,100 per month for the roughly 82 employees who use county coverage, and offering a $2.00/hour premium-pay option (about $4,160 annually) to the roughly 35 eligible employees who opt out with outside coverage, at an estimated additional annual cost of $145,600. (Pages 127–128)

17. KORA (Kansas Open Records Act) Policy Resolution (Pages 129–140)

• Proposed Changes: Shifts responsibility for fulfilling records requests from the County Clerk to the official custodian in each department/office, and would supersede the county’s existing Resolution 99-19 and Resolution 10-06. (Pages 129–136)
• Fee Schedule: Sets a standard $0.50-per-page paper copy fee and staff-time charges at the lowest-cost applicable wage, replacing the current $0.25-per-page fee under Resolution 10-06, which is included in the packet for reference alongside the 1999 KORA resolution it would replace. (Pages 139–140)