At the beginning of the meeting, the commission spent a good deal of discussion on whether or not to approve the minutes for the previous 10 meetings.
Commissioner Mika Milburn had begun going through the edits on some of the minutes, but was unable to complete all of them.
Commissioner Samuel Tran also didn’t agree with the way the minutes recorded what he said.
County Clerk Susan Walker said that it takes one of her office personnel an entire day to transcribe a regular meeting if they don’t use a transcription service.
Commissioner David Beerbower said that the commission needs training on governance and the use of minutes. He also said they need to be careful not to get caught up on small issues in the minutes.
They are an official, permanent, legal record, Beerbower said. Details that should be included are motions and resolutions, voting outcomes, a summary of discussions, but not full transcripts, and action items.
He said the commission is ten sets of meeting minutes behind, and it’s time to move on.
Tran asked if the minutes could be brought up in a court of law.
Milburn said she plans to stay current with the ongoing minutes and catch up the rest over the next few weeks.
Beerbower and Tran spent time going over Milburn’s edits.
Beerbower moved to approve the minutes for Sept. 15, 16, and Oct. 7 with corrections. Motion carried.
Casey Brown – SEK-Cap Public Transportation
Scott Christianson, transportation director for SEK-Cap Public Transportation, also spoke to the commission.
BBGO’s transportation serves Bourbon County on Mondays, Wednesdays and Fridays by providing transportation to those who request it in the county. They will no longer be able to continue after Dec. 1 of 2025 due to lack of funds.
SEK-Cap is looking for support from the county for a grant they are writing in the form of a 30% match totaling $19,000, for the federal and state grants. CCAP made up the difference between what the county and City of Fort Scott gave toward the 2024 budget, but they are no longer able to do that.
They are asking the whole community for what they want and what can be feasibly supported. Going fewer than 3 days per week will be a hardship for many of the residents who rely on the rides for medical care.
Milburn said the commission has heard from several ride share organizations in the county. She also asked about what changes they could make to the program. She suggested alternative forms of fundraising, including mailers.
Tran said that the bulk of the rides are for the City of Fort Scott residents. The city has budgeted $5,000 for BBGO for next year.
They need everything solidified in planning and writing before the end of November. The state and federal funding is secured.
No action was taken.
Public Works: Equipment Repair
The loader is down at the quarry, said Dustin Hall from Public Works. Murphy Tractor says a new motor with a one-year warranty will be $82,000. The loader is 11 years old with just under 10,000 hours on it. It hasn’t lasted as long as they expected. Without it, they don’t have a way to make gravel.
It’s still cheaper for the county to produce its own rock than to buy it.
Public Works has the funds in its budget, splitting the cost between Road and Bridge, and sales tax. Barring any further major issues, they are doing well for their budget carryover.
Hall also said that some equipment at the asphalt plant is damaged. They are unsure how to fix it, awaiting word from ADM, the manufacturer, about whether or not they can repair it, or will need to replace it. They cannot make asphalt until it’s repaired.
They can buy asphalt at $70 per ton to complete the portion of Yale Road that is ready to be asphalted.
Tran said they need to develop a good preventative maintenance plan for the Public Works department.
Milburn applauded the public works department for the standard operating procedures (SOP) they developed.
V. Pursuant to KSA 75-4319 (b)(1) to discuss personnel matters of individual nonelected personnel to protect their privacy.
Action from session: allow the chair to speak with HR regarding the matter was approved.
Consent Agenda
Approval of 10.17.25 Accounts Payable that was sent for review to the Commission on 10.17.25 (not mailed until approved on 10.20.25) – Accounts Payable $377,595.70
Approval of 10.17.25 Payroll that was sent for review to the Commission on 10.15.25 and allowed for payment per K.S.A. 12-105b (b)(1) $300,350.36
Consent agenda was approved. Beerbower and Tran voted for and Milburn against.
Milburn wanted another way to handle the consent agenda. Beerbower added it to the Nov. 3 agenda for discussion.
Public Comments for Items Not on The Agenda
Clint Walker: He wants the county to get an emergency preparedness director and encouraged the commission to apply for a grant to fund that position. He also mentioned a broadband grant for $30 million in the state of Kansas that the commission should apply for.
“We need these grants cause in the long run it saves us money,” he said.
Derrick Reigns: Thanked them for the moratorium. He also asked for a cease and desist. He said the noise was painful to his ears and causes headaches.
He said several people visited the site today, despite none of them coming to the commission meeting.
Tran said their legal representation is talking to the county’s legal representation, which is why they didn’t attend the meeting.
Beerbower asked Reigns if he had sought legal counsel. He then said the county would talk to legal before they take any further action.
Reigns said that if the county would pass a cease and desist, that would cause the mine operators to do something to improve the noise situation.
Jen Franklin: Expressed concern that the installation owners wouldn’t come unless a cease and desist forced their hand.
John Spade: his property borders the property where the mine is. “It boggles my mind how somebody can come in” and nobody knows until it happens. He said the commission was there to protect them, and they looked forward to having that protection.
The whole contingent expressed gratitude to the commission for hearing them out.
Old Business
108 W 2nd
Milburn said two contractors have looked at the building to see what’s needed to get the Sixth Judicial into the space. She’s awaiting their feedback.
EMS
Tran had a constituent express concern about the city’s contract with EMS. Terry, EMS director, said they have a contract with the city, and she decided on an all-call over the weekend when they had one truck gone to Joplin and another on an orthopedic call that may have required a trip north, leaving no ambulances in the county. The all-call was to be sure there was someone available to answer any further calls should the fire department be out on a fire call and unable to help. She said they rarely use the all-call option.
Noise Resolution
The commission should establish parameters for any noise resolution that the county needs to pass along to the planning commission, said Beerbower. He suggested they all research and start formulating a plan.
“We need to be moving forward with the noise resolutions. How do we want to do it? That’s the question,” he said. The resolution should address volume and duration.
“I’m not targeting any specific industry or group,” said Beerbower.
Noise resolution was added to the Nov. 10 agenda.
Greg Motley suggested checking with the Kansas Association of Counties for examples of what other counties have done.
Technology Discussion
Beerbower asked, at Sheriff Bill Martin’s request, to hold off on the work on the switches for the Sheriff’s Department until the sheriff can attend a meeting to discuss it.
Milburn said the sheriff should reach out to the project manager at Stronghold to discuss what he needs, rather than discuss it with the commission.
Meeting Resolution
Beerbower said that some changes were suggested the last time this resolution on how the commission will conduct its meetings was brought up. It replaces resolutions, 1025 and 1125.
He read the proposed resolution aloud.
After a great deal of discussion, the resolution passed, Milburn voting against.
New Business
SOP – Public Works
Tran read the standard operating procedures for sign installation in Bourbon County recently created by the Public Works Department head. He also read the one for culvert installation.
Milburn asked that the culvert SOP include having the commission approve it before installation.
Commission Comments
Beerbower: Both the Declaration of Independence and Constitution outline the rights of life, liberty and the pursuit of happiness. Everyone has the right to purchase property and use it as they see fit. However, the Supreme Court has ruled that you cannot put your neighbor at risk. “Clearly, the incident involving the generators does put our residents at risk.”
He said he is not against economic development, solar, wind, or crypto mining, but he is against neighbors putting their neighbors at risk. It is the job of the commission to protect the residents of the county.
