The Bourbon County Commission on Monday rejected a proposal to set aside $300,000 in the 2027 budget to pursue enforcement of the hospital donation agreement against KRI and Legacy, and, Commissioner Motley who brought it said he would stop the attorney work already underway.

Motley, who has led the enforcement effort, laid out a detailed case that the agreement governing the donated hospital building has gone unmet on every front.

“Every aspect of the donation agreement has been violated, every aspect of it,” Motley said.

$2 million pledged, $200,000 documented

His central claim concerned money the agreement required be spent on the building. Motley said a review of records covering 2021 through 2024 — including receipts Legacy was obligated to provide — came back far short of the commitment.

“We’ve gone through all of the documents from 2021 to 2024, including receipts that Legacy was to provide to document the spending of the $2 million,” he said. “Those receipts total $200,000. Legacy did not spend the $2 million on that building. And hence we have deferred maintenance.”

Motley described the resulting condition of the property in concrete terms, citing roof leaks and HVAC problems among the maintenance issues, and pointing to the grounds — dead trees, weeds, Johnson grass at the hospital entrance, a burn barrel and piles of logs.

He said the obligation had been communicated: KRI had “certainly” been informed of its responsibility on maintenance, “and it’s not been done.”

Motley also said the property has generated no property tax revenue: “They’ve owned it since 2023, and they have not paid a dollar of taxes on that property either.”

“We gave these entities a $35 million cost building, and we gave them $2 million, and we’re going to give them $3.5 million with the sales tax. That’s over $40 million at stake. The risk of $300,000 is pretty small compared to that,” stated Motley.

The 10 beds and a $1.44 million hole

A second dispute involves 10 beds contemplated in the lease between Freeman and KRI. Motley said the lease had KRI engaging Freeman to manage those beds at $12,000 per bed per month — and that state approval will not come.

“KRI did not get approved for those 10 beds. And the state says they will never be approved for those 10 beds,” he said, adding that the state has not explained why.

By his account that leaves “a $1.44 million budget hole in Freeman that they don’t have any way to plug,” which he characterized as beyond negotiation: “It’s a static fact that can’t be changed through conversation.”

Motley argued the donation agreement takes precedence over subsequent transactions on the property: “The donation agreement is supreme in this case. And so everybody who touches that property, who files a document on that property, it’s subject to the donation agreement and the clawback provisions thereof.”

He framed the effort as a duty of the office, citing the statutory obligation of Kansas commissioners to contract for the protection and promotion of public health and welfare.

The motion fails

Motley moved to reserve $300,000 in the 2027 budget to enforce the agreement, and said plainly he expected to lose. His stated reason for forcing the question was that he could not keep authorizing legal work without knowing the county would act on it.

“I can’t in good conscience continue to ask our attorney to grind through those documents and for us to pay for that without assurance that we can enforce this agreement,” he said.

He added that if a suit were filed, he would seek an agreement from Freeman beforehand to reimburse the county’s legal fees, while acknowledging the underlying risk: “the risk would be we file a lawsuit and we don’t win. And that’s a real risk.”

Commissioner David Beerbower seconded, describing the set-aside as insurance: “We don’t even know if we’re going to have a lawsuit yet, but if you don’t have that money available and it does come around that we do have the legal grounds to safeguard our community, we’re throwing it away.” He went on to describe the detrimental affects to the community of not having a hospital, citing businesses choosing not to locate in Bourbon County and people choosing to leave: “this will go into a decline and you know then budgets will be a moot thing.”

The motion failed with Tran, Milburn, and Allen opposed.

Chairman Samuel Tran objected to committing money without a defined path: “We’re being asked to sign a blank check for $300,000 with no clear avenue to one, progress, two, what’s the end goal? There’s not a plan of action, there’s not a litigation plan.” He said he wanted KRI and Freeman brought to the table first. Commissioner Joe Allen cited hearsay and tight finances; Commissioner Mika Milburn-Kee called it a gamble.

In public comment, Anne Dare argued the money would be better spent elsewhere: “If Bourbon County truly has an additional $300,000 available, I believe those dollars should be directed toward preserving essential services, not expanding investigations. Keeping an emergency room in our community is essential.”

Courthouse elevator failure threatens jury trials

District Court leadership told the commission the courthouse elevator, out of service repeatedly since June 16, is forcing jury-trial continuances and raising the risk of speedy-trial dismissals, along with ADA access and inmate-transport concerns. Commissioners were told the failure has also trapped an employee.

After being told the elevator was fine the previous week, “I got an email from Melissa that said, ‘Judge, the elevator doesn’t work,'” Chief Judge Amy Hart told the commission. “So we’re very up and down , and that just, under federal finding, is not an operational elevator. I’m not getting in it. I walked up the stairs today.”

Hart said a decision on elevator repair is needed by August 9 regarding the next jury trial. She said they have asked the fire marshal’s office to help, as it is responsible for elevator safety in the state of Kansas.

Beerbower raised the post office’s third-floor courtroom as a possible alternate venue and proposed weekly updates.

“Honestly, not to get off on a different tangent, but what we need here in this county is a justice center,” said Tran. “All the other counties in America are building justice centers. I like this grand old building. I don’t have an issue with the building. But in order to facilitate the modern judiciary function, we need a justice center.”

The court presented an otherwise flat budget, supported in part by a $50,000 no-match audiovisual grant.

Old landfill enrolled in walk-in hunting program

The commission voted to enroll the county’s 24-acre former landfill site in the Kansas Department of Wildlife and Parks Walk-In Hunting Access program, over two dissents.

Justin Harbit, district wildlife biologist for KDWP, described the program as walk-in access for hunting only — no vehicles or camping — with the state posting and patrolling the property, paying roughly $10 per acre annually and covering liability. He said the City of Fort Scott owns an adjacent parcel of similar size and has indicated willingness to enroll it as well. The only weapons allowed would be archery and shotgun. There is also a nearby 45-acre parcel owned by KDOT that he is attempting to get enrolled.

Milburn-Kee opposed, saying the land should be sold and returned to the tax rolls, and objected to voting without public input. Tran also opposed, saying he wanted to hear from constituents first.

During public comment, Pete Owenby pressed on why the site has not been sold: “That’s county land. The county owns that. Why does the county own it? That should be on the market.” Staff said a Kansas Department of Health and Environment restriction bars disturbing the soil until 30 years have passed, cited in the meeting as 2039.

Other business

• Accounts payable of approximately $483,656 was approved, along with minutes from the July 13, July 20 and July 22 meetings and the June and second-quarter financials.
• The commission entered a 15-minute attorney-client executive session with counselor Bob Johnson and returned with no action.
• Beerbower flagged decentralized Verizon and commodity purchasing as potential budget savings.
• Michael Hoyt raised new state laws, including cell-phone and school-zone provisions. Kyle Parks, comprehensive plan and zoning committee member, urged the commission to keep the comprehensive plan and zoning effort moving.
• Matt Lawn with Baker Tilly went over the initial draft of the county commission’s general fund budget including juvenile detention, courthouse maintenance, IT, fair board, economic development, health board, soil conservation, and other categories.
• EMS Director Terry Halsey presented the board with detailed information in response to commissioner Milburn-Kee’s comment in last week’s meeting about possibly going to one ambulance for the county, which “opened up a Pandora’s box on Facebook,” said Halsey.
• Public Works Director Kenny Allen sought a new CAT 420 backhoe for the transfer station (4.99%, funded through existing fees) after the old one’s frame cracked; the commission approved it contingent on Matt Lawn confirming budget, over Motley/Milburn-Kee requests for competing bids.

The commission also signed the Jared Gilmore Phillips audit engagement, approved wiping all Stronghold security-camera credentials removing all access for employees outside of Stronghold, and tabled the planning/zoning department, forensic RFP, opioid-fund application, commission policy, and an election-office space swap (which failed on a vote to defer). Beerbower closed with a pointed statement defending decisive, change-oriented leadership.