All posts by Amy Thorpe

Sheriff’s $90,139 computer bill fails 2-2; county bars personal use of its property

FORT SCOTT — A resolution to pay $90,139.25 from the county’s jail sales tax fund for the Bourbon County Sheriff’s Office to move to its own computer services failed on a 2-2 vote Monday, after Chairman Gregg Motley said he had been flooded with calls from people who believe the equipment is overpriced. The commission put the item back on next week’s agenda.

Commissioners also adopted a policy barring personal use of county vehicles, equipment and property, with no exceptions, after County Counselor Bob Johnson advised that a waiver signed by an employee would not shield the county from its own negligence.

The commission met at Fort Scott City Hall for the second straight week while early-voting equipment occupies the county commission room. Motley presided, with Commissioners Joe Allen, David Beerbower and Mika Milburn-Kee. Commissioner Samuel Tran was absent.

Sheriff’s technology bill

Beerbower read a resolution he had drafted. It acknowledges that the sheriff’s office, as an independently elected office, has moved its technology services to a provider of its own choosing, and it would authorize paying an invoice of $90,139.25 from Advantage Computer Enterprises of Iola for equipment, implementation and startup costs. The money would come from Fund 370, the county jail sales tax fund, which the resolution says can be used because the equipment serves the jail and public safety. Beerbower moved to adopt it, and the motion was seconded by Joe Allen.

A July 22 estimate from the company to the sheriff’s office, included in the meeting packet, lists an eight-month labor contract, a main server, a monitoring server and service, computers, data backup and email migration, totaling $87,715.25.

Motley said the commission should not control the sheriff’s operation or choose his vendors, but that it would be prudent to seek bids through a request for proposals.

“It’s been unanimous on calls that this is way, way overpriced,” Motley said, referring to calls he had received from Bourbon County constituents.

Beerbower said the district court already uses the same company for its computer work, that the sheriff’s advisor, Brian Murphy, has experience with it, and that the commission has no purchasing policy that requires bids. “I don’t think we should undermine their choice process,” he said. He said the company will be the sheriff’s computer provider “whether we approve this or not.”

“Would this be okay if it were $180,000 or $270,000?” Motley asked. He said he had also seen earlier payments to the company through the sheriff’s department in the county’s bills. “Just like I don’t know if $90,000 is too much, you don’t know if it’s too much either.”

Allen said he had not seen the resolution before the meeting and that it probably should have been on the agenda. Beerbower said the request itself had been raised the week before in the form of an invoice.

The motion failed on a 2-2 voice vote. Motley and Milburn-Kee voted no. Afterward, Milburn-Kee said she would have liked to read the resolution first and wants to review the jail sales tax fund balance.

“I want to look at the jail sales tax because we approved a lot of cars out of it last year,” she said, adding that money already committed from the fund means the balance that is reported is not all available.

Motley said people have told him they voted for the jail sales tax to build a jail and remodel the courthouse, not for “cars and computers,” and that was what he understood when he voted for it. Beerbower said there is more to the tax than building a jail and remodeling the courthouse, and that the county seems quick to spend that money when it is something commissioners want.

Milburn-Kee also said that, before proposing the change, Beerbower should have asked Stronghold Data, the county’s current computer contractor, how much its contract cost would drop without the sheriff’s office. Beerbower said he had never approved Stronghold as the county’s IT department and understood it was doing a project, after which the county would seek proposals. Motley said the county is under contract with Stronghold and that asking to renegotiate when it would have “35 or 40 less users” is a legitimate question. The commission then tabled the item for one week for more research.

Personal-use policy adopted

The personal-use policy, tabled a week earlier, returned with a change: Milburn-Kee removed the language that would have let the commission approve exceptions, pointing out that if the reason for the policy is to avert liability issues, there should be no exceptions by anyone, including the commissioners. “Everything here belongs to the taxpayers,” she said.

Allen said he had called KCAMP, the county’s insurance pool, about liability and whether employee waivers would cover the county, and was still waiting for an answer. Beerbower said KCAMP’s risk manager told him KCAMP prohibits personal use.

Johnson said a waiver does not cover the owner’s negligence. “When you sign a waiver, you can waive liability, but you don’t waive negligence on the part of the owner, and that’s the problem,” he said. If someone is hurt on a county lift, he said, “the county’s got the deep pockets on that deal.”

“Well, as much as I like to help employees, I just don’t think we have any choice,” Motley said.

Allen said the larger problem is morale and keeping employees. “We’ve done nothing but continue to take away,” he said, and challenged the commission to find incentives for county workers: “…my challenge to this board is going to be, ‘What can we get back? What can we start?’ You know, we need to get the morale back with our employees.”

“I’m 100% behind you, Joe,” said Motley. “We need to look for ways to support these employees in legal ways.”

Beerbower said the state’s Good Samaritan law does not give general immunity to county employees who stop to help a stranded motorist, and said he would submit a separate policy on roadside aid. His amendments changed “may not be used” to “will not be used” and struck a paragraph on reporting fringe benefits, which Motley said only restated IRS law. Milburn-Kee moved to adopt the policy as amended by Beerbower, and it passed, Allen voting against.

Reconciliation work and payroll software

Matt Lawn of Baker Tilly told the commission by phone that a team of the firm’s bank reconciliation specialists has started clearing the county’s unresolved items, which he said include payroll as well as transfers and tax payments, and is building a process to reconcile each payroll as it goes out.

“We’ll be ready for year-end close for sure, and so there shouldn’t be any delay in audit or anything else going forward,” Lawn said. He said the work is being done under the firm’s current contract for now, and a cost proposal will follow once the scope is clear.

Milburn-Kee said she had emailed the county’s auditor about the list of unresolved items, and that many of them appear to be journal entries that should be made promptly but some have not been. The auditor’s reply, included in the meeting packet, said everything on the list needs to be cleaned up before the audit and that most of it appears to be payroll-related.

The commission also approved a $780 payment to CIC, half the cost of software that links the county’s system to its PayEntry payroll service. Laura Krom said the purchase was approved two weeks ago but the invoice was missed. The remaining half is due once the county is satisfied with the work, and the software then costs $1,200 a year.

HR contract approved

The commission authorized Motley to sign a contract with Millie Lipscomb, the local HR provider it hired on a 3-2 vote Oct. 19. Johnson merged her proposal with an earlier HR contract. Milburn-Kee questioned an expense provision, and the final version adds Lipscomb’s requested words “unless directed by commission” to the section limiting her authority.

Lipscomb, on the phone, said she did not want to “take six weeks to have to come back to commission every single time to do a process improvement” once the commission has agreed on a problem to fix, such as payroll irregularities or making sure KPERS is funded correctly. The approved version of the contract addresses that issue.

Hope Outreach asks for a liaison

Joan Brown of Hope Outreach of Fort Scott, a nonprofit being formed to help homeless people find housing through existing services, asked the county for a non-voting liaison to meet with its board about once a quarter.

“What we would like from the county is not money at all. It is something that is much more precious. We would like time,” Brown said. She said the group’s last count found 16 homeless people, not counting high school students who move from couch to couch, and that the group has helped about six people find housing. Allen volunteered to serve as liaison. Milburn-Kee suggested the group look at the county’s application for opioid funds; Brown said the group cannot apply until it finishes its IRS paperwork.

Other business

  • The commission approved the amended agenda, the minutes of the Oct. 26 and Oct. 27 meetings, and the week’s bills, listed on the agenda at $347,346.93. No one signed up for public comment. Motley said the bills included the receipt from the sale of 108 W. Second St., which closed the previous Friday, and thanked real estate agent Diann Tucker.
  • Allen reported the county’s surplus medical and kitchen equipment sold at auction; he said he had not yet seen the final amounts. Motley said the leftover items, including sinks, toilets, light fixtures and tables, should go to the nearest transfer station.
  • The commission held a 10-minute executive session on compensation of non-elected personnel, with EMS Director Teri Hulsey, and returned with no action.
  • Milburn-Kee said she had received an email, and believed other commissioners had too, warning that one county department budget could run more than $70,000 over; the sender thought the cause was personnel. She said she would bring options to keep overages down, and Beerbower asked to add a discussion of money received from the sale of a property to a future agenda.
  • Beerbower said his asbestos request for proposals is still in draft and he would email it for discussion next week. Milburn-Kee said she is still working on a standards of conduct policy. Motley removed an item on Room 12, and a Kansas WorkforceONE presentation was dropped because the speaker could not attend.
  • Milburn-Kee shared, for information only, an unsolicited offer from ICC-IMS to assess the condition of every county road. Beerbower said a KWorks engineer he consulted had never heard of the company and that free state programs are available.
  • In closing comments, Allen thanked the City of Fort Scott for lending its meeting room and repeated that the county needs to invest in its employees. Beerbower read a statement on county property and taxpayers, saying informal perks lead to “perceived favoritism and resentment.” “No single taxpayer pays anyone’s salary. Rather, all taxpayers collectively fund the services they expect government to provide,” he said.

Last week’s meeting, when the personal-use policy was first tabled and the county treasurer said seven payrolls had not been posted to the general ledger, is covered here.

County tables personal-use rule; treasurer says seven payrolls are not on the books

FORT SCOTT — The Bourbon County Commission on Monday tabled a proposed rule that would bar county employees from using county property for personal purposes without the commission’s written approval, after commissioners raised questions about insurance and how it was written. The county treasurer told the board that seven payrolls since late August have not been posted to the county’s general ledger.

The commission met at Fort Scott City Hall, as it voted last week to do, so that early-voting equipment can stay in the county commission room. Chairman Gregg Motley presided, with Commissioners Joe Allen, David Beerbower and Mika Milburn-Kee. Commissioner Samuel Tran was absent.

Personal-use policy tabled

Milburn-Kee presented a draft amendment to the employee handbook. It says county-owned vehicles, equipment, machinery, tools, materials and other property are for official county business and may not be used for personal purposes, or lent to others for personal use, without prior written approval from the commission. No supervisor or department head could authorize an exception, and any approved use would have to be documented and tracked.

Allen said he has been talking with county employees and is still looking into the question, including insurance issues. He spoke:  “Just last week we had a couple county employees pull over and help a lady change out her tire, and we used a couple of our tools to do that,” Allen said. “According to this policy, we can’t even do that. We can’t even be good people to citizens because it was county. So I’m not quite on board with the way this is written at this point.”

Motley said the county needs to understand the insurance and workers’ compensation exposure if an employee is hurt doing personal work in a county building.

“We need to err on the side of letting employees know we value them and giving them as many perks as we can… We need to be clear that this isn’t a problem with current management. This has been going on for decades,” he said. Beerbower suggested checking with KCAMP, the county’s insurance pool, and said that in talking with people in Allen County, including the city manager, he was told it was “always an unwritten perk,” but now is has become political. He said that from what he learned, small uses such as changing a headlight or tires are too minor to draw the IRS’s attention.

Milburn-Kee said she had asked KCAMP and was told anything personal is not covered. She moved to adopt the policy. No second was heard, and Motley tabled the item for a week so Allen could do more research.

The issue follows last week’s meeting, when Public Works employees spoke in support of their director and said county workers have long used the county garage for their own vehicles.

Treasurer: payrolls not on the books

County Treasurer Jennifer Hawkins addressed comments about payroll made at the previous meeting. “I’ve actually never done any payroll entries,” she said. “What I do is I reconcile what the clerk processes.”

Hawkins said all payrolls from Jan. 1 through Aug. 21 have been reconciled and posted to the general ledger, but none since then have been. “I can’t generate them an accurate report because we have seven payrolls that haven’t hit the general ledger,” she said of department heads asking for budget figures as it is now near year-end.

She said variances in HSA contributions, KPERS, and garnishments from the entire year are still unresolved and now fill four pages. “I’ll email it to all of you so that you know exactly where we’re sitting and why I’m here again saying this is a major issue,” she said.

“There needs to be a lot of checks and balances. I can’t do everything,” she said, describing her current work of reconciling both county bank accounts.

Motley said the planned CIC software fix “will not fix the payroll problems that we have.” He said he has sent Baker Tilly a list of every payroll with coding or balancing problems and asked for a quote to correct them, and that he had talked with Matt Lawn of Baker Tilly that day.

Hawkins also announced the county’s delayed tax sale will be held Dec. 1 at 11 a.m. at Memorial Hall instead of the courthouse lobby, because the law firm handling the sale expects more bidders than the courthouse can hold. Bidders must register for a bidding number at the treasurer’s office with a photo ID; the deadline to register is 4 p.m. Monday, Nov. 30. (Hawkins said at the meeting that people could register the day of the sale; she has since confirmed the Nov. 30 deadline.) The property list will be posted on the county website.

Bills and a possible double billing

The commission approved accounts payable of $78,932.08, along with the Hampton Inn, Holmtown and Nu Grille credit card charges it had pulled the week before. Milburn-Kee said those charges were made by the county’s former appraiser, not the new one. The board left out two United invoices of $1,219.15 each, which Milburn-Kee said were “darn near identical besides the person asking for it to be paid,” and said should be investigated.

Executive sessions

Beerbower moved a 20-minute executive session under the Kansas Open Meetings Act exception for secure computer systems, to discuss vulnerabilities in the Sheriff’s Department computer system found during a recent upgrade. Undersheriff Kevin Davidson and sheriff’s advisor Brian Murphy were included. The commission returned with no action. Later in the meeting, Milburn-Kee moved a five-minute executive session on the performance of non-elected personnel; the board again returned with no action.

Courthouse asbestos report

Beerbower presented the Sept. 29 limited asbestos assessment of the courthouse by Apex Environmental, first reported last week. Of 10 bulk samples, asbestos was found in pipe insulation and pipe fittings in custodial and utility areas. Flooring and carpet sampled in the district court offices did not contain asbestos. The report recommends further evaluation of the boiler room and the elevator room if future work will affect them; the elevator modernization project began the week of Oct. 12.

Beerbower said the inspector told him the elevator company, which started work before the report was presented, knows what safeguards to take. He said air monitoring done after a former custodial employee raised concerns about asbestos came back clean, and that 108 W. Second St., where the courts are working during the elevator project, and the third floor now being renovated also tested clean. He said there are six known areas of asbestos and potential fiber release in the basement, and that he will put a request for proposals from abatement companies on a future agenda.

The commission approved Resolution 34-26, which assigns courthouse office space and gives maintenance the former IT offices; Milburn-Kee said maintenance had asked for the move and had already relocated. The board also approved Milburn-Kee’s motion to have Motley sign a KCAMP risk-avoidance grant application seeking $2,000 in reimbursement for the asbestos testing. Milburn-Kee said no one applied for the grant this year. Motley said he had given the grant to Bourbon County Emergency Manager Lou Howard, early in the year to apply for, that it was missed, and that she apologizes.

108 W. Second St. sale

Milburn-Kee left the room for discussion of a contract offer on 108 W. Second St., because she works for the real estate firm involved. The commission took no action.

Beerbower said the district court is using the building while the courthouse elevator is replaced and is expected out of the building around Nov. 20. He said he is concerned that work by a new owner could disrupt court proceedings, which are held virtually and depend on participants being able to hear. He noted the county had already dealt with a ceiling collapse in several rooms, cleanup by ServiceMaster and a tarp on the roof. Beerbower said the buyer has offered to let the courts stay past their expected return, with extensions if needed.

According to the offer letter and contract in the agenda packet, the buyer, who is also a real estate agent, offered $125,000 cash for the building as-is and estimates spending about $140,000 right away to make it usable. The agent’s letter says the commission was cut from 6% to 3% because the buyer waived a buyer’s fee, that closing is set for Oct. 30, and that the courts may stay in the building at no charge through Nov. 25.

The county’s real estate agent, Diann Tucker, told the board the buyer’s main concern is replacing the roof soon, since the county “just spent $7,000 on a tarp,” and that the title company needed a signed contract Tuesday to close Friday. Beerbower said he would contact the buyer and the courts. The commission scheduled a special meeting for noon Tuesday, Oct. 27, on the contract.

Transit letters of support

The commission approved letters of support for two public transportation grant applications.

Casey Brown, community engagement coordinator for SEK-CAP, and Scott Christiansen, transportation coordinator, said the agency’s Girard-based service has come to Bourbon County on Mondays, Wednesdays and Fridays since 2023. Christiansen said ridership was 1,023 in 2024 and 1,117 in 2025, with about 1,236 projected for 2026. The letter supports SEK-CAP’s 5311 grant, due at the end of November.

Becky Gray of Building Health Inc., which runs the Care Van program, said a KDOT grant pays 70% of operating costs and the rest must come from local sources. She said Medicaid transport income that helps cover that share fell from about $40,000 a month to about $4,000 after changes in how insurers broker those rides, and has since recovered to about $30,000 to $40,000. Gray said Care Van gave about 4,400 rides in Bourbon County last program year, about 3,600 to the general public and about 750 for medical transport, and could not fill about 400 more requests because its schedules were full. That application is due Nov. 18.

Other business

The commission also:

  • approved the agenda as amended and the minutes of the Oct. 19 meeting; there was no public comment, and a scheduled update on security cameras was dropped;
  • approved an end-of-contract letter on human resources services, with Motley authorized to sign it;
  • heard from Milburn-Kee that well testing at the old and current wells is under way; after Public Works mowed the old well sites, some wells were found damaged and will be repoured;
  • tabled a review of benefit contributions indefinitely; Milburn-Kee said the resolution creating a benefits committee has never been repealed and that the committee now being formed does not follow it;
  • voted to join the Kansas Association of Counties; Motley said he did not believe the county was a member last year.

In commission comments, Allen thanked the county employees who stopped to help a stranded motorist last week. He said the county’s auction ended Monday with everything sold except some toilets that drew no bids, and a roller at the landfill that was never listed; the items can be relisted, and he asked to discuss it next week. Beerbower asked for a future discussion, as part of a purchasing policy, of the county buying from some local businesses but not others, especially family-owned ones.

Brick streets dominate city meeting; commission approves water-plant solar 3-1

Watercolor illustration of Fort Scott City Hall with the words Fort Scott City Commission Meeting

Brick streets took up much of the Fort Scott City Commission’s meeting on Oct. 20, which ran nearly three and a half hours, though the commission’s biggest decision of the night was about solar panels. Commissioners voted 3-1 to build a 225-kilowatt solar system at the water treatment plant, committed $24,000 to the regional transit service for its 2027-28 program year, and put off a sale of lake lots and a $558,564 sewer-cleaner purchase until Nov. 3.

Commission President Julie Buchta presided. Mayor Kathryn Salsbury was absent and sent a statement that City Attorney Bob Farmer read into the record. Commissioner Tim Van Hoecke took part by phone because he was on a work trip.

A “dig once” plan for Crawford Street

Former commissioner Pete Allen presented what he called the Crawford Street 7 Block Infrastructure Demonstration Corridor, covering Crawford from 6th Street north to Oak Street. The city would replace sewer and water lines first, then dig out the clay and lay a new rock base before putting any surface on top.

Over the past seven years, Allen said, “we’ve had 597 water leaks in Fort Scott.” (A handout in his packet puts water main breaks over the same period at 395.) He said the city has about $9 million in its street, sewer and water funds since it stopped using Charter Ordinance 31, that the water department’s budget has grown from $300,000 six years ago to “well over a million and a half,” and that the street crew has grown from three workers to 18. He estimated that 50% to 60% of the bricks could not be relaid, and noted that a state-required plan for replacing lead service lines is due next November. (Allen has also laid out his case in letters to FortScott.biz on street repair methods and the city’s infrastructure funds.)

City Manager Brad Matkin said a rough estimate by the city’s Bill Lemke put the cost for the seven blocks at “roughly around $900 to a million just for water and sewer.” “The cost scares me,” Matkin said.

Commissioner Matthew Wells said new water lines should go outside the pavement, as KDOT recommends; Matkin said KDOT has no rule against putting them under the street. Wells came back saying that it is the KDOT recommendation not put utilities in the street, though it’s not policy.   Wells also said the two-inch galvanized mains on the east side should come first. Bill Lemke said most of the city’s recent main breaks have been on those two-inch lines. Commissioner Tracy Dancer asked Matkin to schedule work sessions after the holidays. Van Hoecke suggested one before the Nov. 3 meeting, but Dancer and Wells noted that is Election Day, so the date was set for Nov. 17.

Residents speak up for the bricks

Most of the residents who spoke defended the brick streets. Sarah Ellis said asphalt has to be replaced about every 15 years and that with bricks, “we long-term are going to save money.” Martha Jane Gentry told commissioners, “The decision that you make regarding our brick streets will last far longer than your tenure on this commission.” Denise Doherty asked the city to expand its historic brick street district, offered to serve on the brick street committee, and suggested a trip to Lawrence, which has been restoring its brick streets since 2010. She said she had read that 80% of that work was paid for with government transportation grants.

Charles Gentry, who serves on the city’s Street Advisory Board, said that when Allen presented a citywide version of the plan to that board on Oct. 5, the estimate was $1 million for the 97 blocks of Ward 1, or $7 million for the city. “Well, now I’m hearing that seven blocks will be $1 million,” he said.

Ray Streeter was the exception. “I hate to say it, but I hate brick streets,” he said. He also asked again for center striping on a road with no shoulders near the community college.

Eddy Street and the mayor’s statement

Matkin said city crews replaced about 520 feet of two-inch galvanized water line on Eddy Street earlier this year, which under the city’s brick street policy means the street between 6th and 8th has to be restored. His options ran from a full brick street to six-inch asphalt or concrete with a brick crosswalk. Van Hoecke said the estimate for a full brick restoration would take about half of the city’s $2 million street budget; Wells said two other cities’ figures pointed to $570,000 to $800,000. The commission agreed to seek bids.

In her statement, Salsbury asked that both street items be received as information only, that any change to the brick street rules in Chapter 12.12 be tabled, and that the city first get independent engineering and life-cycle studies, a written city attorney opinion, and comment from the State Historic Preservation Office. “My expectation is that the brick should stay unless a sound independent study shows otherwise,” the statement said.

Solar at the water plant

Daniel Zywietz of SEK Solar, who came to the commission in August with a proposal for several city buildings, narrowed it to one site: panels on the ground and on the concrete reservoir at the water treatment plant, with a small battery backup to carry the plant through power dips. He put the cost at about $550,000, half of it covered by a federal direct payment, for a net cost to the city of about $270,000 and savings of about $30,000 a year. That is roughly an eight-year payback and about a 13% annual return, he said, compared with about 3% on the wastewater fund’s CD. He said the system would need to be running by the end of 2027 to qualify for the federal money.

Matkin said power surges damage equipment at the plant and that it is where solar would help most. Wells moved to go ahead, with the city lending the money to itself from the wastewater fund at 1% interest. The motion passed 3-1. Van Hoecke voted no, saying he still had reservations.

Transit, lake lots and downtown parking

The commission agreed to sign a letter of support and a letter committing $24,000 to the public transportation program run by SEK-CAP, the Southeast Kansas Community Action Program, for the year beginning July 1, 2027. Transportation director Scott Christiansen said the service runs in Bourbon County Monday, Wednesday and Friday and expects a little over 1,200 riders this year, up from a little over 1,100 in 2025, about half of them disabled or elderly. Asked about Medicaid money, the agency said none of the state’s ride brokers has yet requested a ride. SEK-CAP said the county has indicated it will not contribute money. Before the vote, Van Hoecke asked whether Dancer still serves on the agency’s board and suggested abstaining, since it is not a city-appointed seat. “I serve on that board because I’m an elected official representing this community,” Dancer said, and voted yes.

Matkin asked to start selling five surveyed lots at Fort Scott Lake to help pay future costs of the arena project. Diane Striler, a lake lot owner and real estate agent, said the lots would narrow the area where high-speed boats run. She urged the city instead to collect the lake’s boating fees, rent out equipment, add campsites and bring back the Lake Advisory Board. Leroy Kruger, who oversees the lake, said patrols and permit sales are up and that he plans to propose limits on boat size and speed and on wake boats, which he said are damaging the docks. He said he would try to have a study ready by the next meeting. The commission tabled the sale to Nov. 3 on a 4-0 vote.

Other business

  • Commissioners discussed complaints about the downtown two-hour parking limit but took no action. Buchta favored permits for construction parking and Van Hoecke suggested a small fee for them, Wells asked Matkin to look into card-reader parking meters, and Kruger said enforcement has to apply to everyone equally.
  • The commission tabled the purchase of a Vactor 2100i sewer cleaner to Nov. 3 so used equipment can be considered.
  • In public hearings on four properties owned by Max Fanning, the commission granted 30-day continuances for him to demolish the buildings at 507 W. 18th St. and 418 S. Barbee and directed repair of 416 S. Barbee within 60 days. The commission also acted on 611 W. 5th St., where Fanning said the house has a new metal roof and electric installed. He has the supplies to replace the windows and porches, as well as paint it. They gave him 30 days to get the improvements done.
  • First readings were held, with no vote, on Ordinance 3802 codifying city ordinances and Ordinances 3803 and 3804 updating the Standard Traffic Ordinance and Uniform Public Offense Code.
  • Farmer said the city has received a clean title policy on the Moody Building and has prepared a quitclaim deed to 124 South Main LLC, the company of Al Niece. (Earlier coverage.)
  • City engineer Jason Dickman said the C-CLIP project is still waiting on a BNSF railroad permit and an insurance certificate.

Commissioner comments

Van Hoecke said he wants the commission to revisit the brick street policy. Dancer asked staff to notify lake lot residents about encroachments on city land, to update the ordinance on skateboards and scooters, and to look again at reinstating the Lake Advisory Board; Matkin said staff will bring a notice letter to the next meeting. Wells defended the nine-year street plan funded by the sales tax and argued that over the long run, “Bricks are the cheapest road surface around.”

The commission next meets Nov. 3, which is Election Day.

County hires local HR provider 3-2; state says county out of appraisal compliance

FORT SCOTT — The Bourbon County Commission voted 3-2 Monday night to hire a local human resources provider for one year. Commissioners Samuel Tran and Mika Milburn-Kee voted no; Tran objected that the proposals should have gone through a formal selection process. Earlier in the meeting, a state official told commissioners the county fell short of the state’s appraisal compliance standard, and four Public Works employees spoke in support of Public Works Director Kenny Allen.

Chairman Gregg Motley presided, with Commissioners Joe Allen, David Beerbower, Mika Milburn-Kee and Tran.

Agenda changes, minutes and bills

The commission agreed to interrupt public comment for a scheduled call with the state, then resume comments. Beerbower asked to postpone the executive session on sheriff’s office personnel until next week and struck the backhoe bids from old business. Tran added Range Road under new business, and Motley added the treasurer’s quarterly reports. The board approved the agenda as amended and the minutes of the Oct. 5 and Oct. 9 meetings.

Beerbower corrected the first accounts payable batch, listed in the packet at $334,783.98, to $428,742.99, saying the total had not finished adding up. The second batch was $259,024.30. Tran pointed to county credit card charges of $69.75 at Holmtown and $63.74 at Nu Grille, plus a Hampton Inn charge of about $129. “I don’t think that’s right that people are buying stuff if they’re in town,” he said. The board approved accounts payable with those three charges pulled. When the board came back from a recess later in the meeting, Tran said, “I have an alibi, if I may.” “An alibi?” Motley asked. Tran then pointed to two back-to-back $1,219.15 items in Fund 108 as a possible double billing; Motley said it would be checked between meetings.

Employees speak for public works director

Four employees used public comment to back Public Works Director Kenny Allen. Tanner Odell said he had heard allegations that his boss might be fired that night.

Odell said Allen “leads by example like a boss should.” Bobby Reed said, “From my observations, this is a witch hunt against Mr. Allen.” Reed said there is an allegation that a photo of Allen’s personal vehicle on a lift at the county barn was sent to a commissioner, and that it has been common practice for county employees to work on their own vehicles in the garage, with the understanding that it not be for personal gain or on county time. “If you’re gonna write Mr. Allen up for this, which in my opinion is wrong, you better do a deep dive and a better investigation than the last one,” Reed said, adding that he has worked on his own vehicle there. He called it “a witch hunt by one or two commissioners…I would think there are a lot bigger items to solve than continually messing with the employees.”

Kyle Schnickel said employees have seen their insurance go up, pay cuts and no raises. Clay Campbell questioned the investigation by the county’s HR contractor, Cohen. Campbell said he was told 12 current employees were interviewed and seven former employees were called, and that he understood nine or 10 of the questions were about Allen’s job performance and only one about the allegation.

State: county out of appraisal compliance

Mike Dallman of the Kansas Department of Revenue’s Property Valuation Division held the call state law requires with any county found out of substantial compliance. Bourbon County scored 63.1 of 100 points; 75 is needed.

Most of the shortfall was in the statistics. The median ratio for residential property, which compares appraised values with sale prices, was 77.7%, below the 90% to 110% standard, and the commercial median was 66.5%. Residential uniformity passed, meaning that the county had appraised residential property at a similar percentage of their actual selling price. Commercial uniformity did not, meaning commercial properties were appraised at very different percentages of their selling price.

The county earned 21.1 of 50 statistical points for the accuracy of the assessments, but did significantly better on the procedural part of the assessment gaining 47 of 50 procedural points. However, they then lost 5 points for two missteps. The market trend notice was not published at least 10 days before change-of-value notices were mailed. There was also inconsistent coding for 162/163 component codes and on web soil survey data submitted after the state’s deadline. Dallman said both of those are easy fixes on the procedural side of things.

The study used 112 residential and 19 commercial sales from 2025. Dallman said the number of people in the county who appeal their valuation is probably low “because, I mean, I hate to say it, the values are low.” Whether to raise values is up to the commission and the appraiser, he said, adding that there seemed to be a little more interest from the Statehouse this year in counties out of compliance, though he did not know what, if anything, would come of it. Milburn-Kee asked how the state picks and validates the sales it uses; Dallman said the state does its own sales validation, the county can appeal individual sales, and counties may submit a market trend if they also apply it in their own analysis. He praised the county’s new appraiser, Danielle, and said the state gives a new appraiser a year to get settled on non-statutory procedures, though statutory deadlines still apply.

Executive sessions

The commission met for 10 minutes in executive session on insurance matters with Christy Mitchell, Don Doherty and Jeremy Bowman of the county’s insurance services firm and returned with no action. Doherty said the firm would keep looking at options and bring them back.

Tran then moved two executive sessions on the duty performance of non-elected personnel, 15 and 20 minutes, with the five commissioners only. After the first, on Tran’s motion, the board authorized Motley to sign a payroll change document reflecting “the consensus that the five of us came to in executive session.” The second ended with no action.

Transfer station backhoe

Diane Ballou of the transfer station asked where the backhoe stood. Beerbower said he struck it because it had been voted down five times at the last meeting, and it was up to those who voted against it to decide what equipment the station gets. “I’m here to say we need something,” Ballou said, describing the current machine as worn out. “I shouldn’t have to come up here and beg for something to work with.”

Motley said that because of the tight budget he wants to “survive until January” with repairs, then buy a machine whose first payment would come in January 2028. He said Ben Hart of Baker Tilly, the county’s financial consultant, is building equipment depreciation and replacement schedules for every department at no extra cost. Tran said departments need written replacement and maintenance plans: “You can’t run a county by reacting.” Ballou said the need predated Public Works Director Allen. Beerbower noted that a backhoe purchase was approved in July and then reversed, and that the department then brought five bids as directed. He said the transfer station had a $96,000 profit or carryover in 2025, that a new backhoe was priced at $120,000, and that in his view the current machine’s frame is broken and puts workers at risk.

Ballou said the station’s rates are well below other facilities’ and could go up for out-of-county customers without losing business. Motley asked her to recommend how much out-of-county rates could rise, and said he would favor that; Milburn-Kee said she would not vote for an increase on in-county customers right now. On holiday hours, Beerbower said he will never vote to open on holidays and that Saturdays need two workers. Ballou said the station is down to two workers, herself and one other, after a third quit; that worker’s last day is Friday.

Holiday meetings, payroll software, Verizon

The board approved the treasurer’s quarterly reports. It revised Resolution 21-26 so that a meeting falling on a county holiday moves to the next business day and, at Beerbower’s request, struck Section 3A, which called for alternating regular meetings with work sessions.

On a motion by Milburn-Kee, the board approved a $1,200 software license so the county’s Pay Entry payroll system can import into its CIC accounting software. Motley said the county has had “issues for 10 months now of incorrect accounting entries” and that the last four payrolls had not been entered; Milburn-Kee said Laura Krom, the commission’s executive assistant, had since been breaking those payrolls down by department for the accounts payable clerk. The fix will not correct past entries, Motley said, and he favors moving payroll back to CIC later, without rushing it: “I think we need to do this. And take our time on the transition back to CIC. I think we need to go back to CIC, but we need to take out time, do it right, and not have the disruptions that we had last time.”

The motion passed, though Beerbower asked for another week to review it and voted against.

The problem dates to the county’s move of payroll from CIC to the outside service Pay Entry in late 2025. CIC’s payroll posted directly to the county’s books; Pay Entry does not, so the County Clerk’s office has had to enter payroll into the ledger by hand from reports, a manual process of typing in each number that could potentially introduce errors. Krom, hired in December to run Pay Entry, prepares those reports under a February resolution. Former County Clerk Susan Walker told commissioners Aug. 10, shortly before her resignation took effect, that the county had had eight months of payroll problems where the PayEntry reports that needed to be manually entered into CIC were incomplete, miscoded, and contained incorrect deductions. She recommended Baker Tilly take over the payroll ledger entries. Motley said Monday that fixing the backlog is not in Baker Tilly’s contract and the firm would charge extra for it.

The board also authorized Motley to sign a new one-year Verizon contract after Beerbower suggested seeking proposals from other carriers first. Beerbower voted against the contract. On Beerbower’s motion, each elected official and department head, or a designee, will get administrative rights on the county’s Verizon account; Beerbower said the sheriff’s office has been unable to get two phones it needs. The board continued TEC remote support at $60 per device per year for the phone system’s voicemail computer and the computer that live-streams meetings.

Conservation district gets $5,000 more

Deb Lusk, treasurer of the Bourbon County Conservation District, said the district’s budget line was approved at $20,000 of the $40,000 it requested. She said an additional $5,000 from the county would let the district draw a two-to-one Kansas Water Fund match that she put at an additional $50,000 for local farmers’ conservation work, such as fencing ponds. On Motley’s motion, the board added $5,000. Vice President Ronnie Brown, who said he has been involved with the district for nearly 40 years, spoke about road and streambank erosion, cedar trees and the district’s youth programs.

Road complaints

Tran said constituents report potholes on Range Road between the Devon bridge and 145th and a broken guardrail on the south side of the bridge, and that he gets no feedback from Public Works on road reports. He also mentioned a Valley Road report, and Milburn-Kee raised complaints about signs hidden by trees at a Little Osage bridge. Joe Allen and Motley said they had not been receiving the road-report emails from the county website, which they concluded was because the county is now in 5 districts, and they have not been added. On Beerbower’s motion, the board set Public Works Director updates for the first and third Mondays of each month.

HR hire

The county received three responses to its request for proposals for human resources services. Milburn-Kee said she had found HR support available at no added cost through the county’s insurer, KCAMP, and Beerbower suggested reviewing that next week.

Joe Allen then moved to hire Millie Lipscomb as the county’s HR provider for one year, saying employees had told him they “wanted to see a face” in HR. Motley seconded. No price was stated in the meeting, and part of the motion’s wording, about her insurance, was unclear. Reference letters in the agenda packet describe Lipscomb as the HR lead at Niece Products of Kansas since 2021.

Tran objected. “HR has to be impartial,” he said, arguing that a local person may know employees and that the proposals should have been compared in a private source selection rather than discussed in public, to avoid a protest. He said one of the three responses did not meet the work statement. Beerbower and Tran then traded accusations of making assumptions before Motley stopped the exchange.

Motley said many local employers have local HR staff. “This is about spending money in Bourbon County with a qualified person, a person that will be visible, a lot more visible than any outside company,” he said. He said the current provider is good but “doesn’t have the trust of the employees.” Beerbower said he wants an individual rather than a company handling HR, and that the current clerk’s HR experience combined with the insurer’s free resources was the other option he would consider. The motion passed 3-2. Tran (“Vehemently, no”) and Milburn-Kee voted against it.

Meetings move to City Hall

Because early voting began Monday and election workers use the commission room, the board voted to hold its Oct. 26 and Nov. 2 meetings at Fort Scott City Hall, with one vote against. Beerbower said he had arranged it with the city and was told the meetings could be streamed to YouTube from there, though he said he would double-check after commissioners raised questions about logging in to the stream.

The commission tabled the asbestos report until its next meeting and did not reach well testing or the benefit contribution review. Joe Allen said the county’s auction went live on GovDeals Monday and ends next Monday.

Commission comments

Beerbower said the building being set up for court operations goes live Wednesday, but heavy rain caused a leak and a ceiling cave-in in one room. ServiceMaster is finishing the cleanup, and a tarp for the roof will cost $6,500, he said; with ServiceMaster’s bill still to come, the project will go over budget.

Milburn-Kee shared enlarged photos constituents sent her, including one she said appears to show a personal vehicle on a county lift. Tran cited K.S.A. 21-5803 and said using county property for personal use is a misdemeanor.

Milburn-Kee also congratulated the winning HR bidder. She said she hoped Lipscomb’s other work, writing columns for the Bourbon County Monitor, would not cross into the county HR job.

Tran said his objections were not personal, then accused Motley, Joe Allen and Beerbower, who had voted together on the hire, of settling their votes outside public meetings. “Clearly the decision was already made by the three of you before you came to the table,” he said. “Can I prove it? No. But your action speaks louder than words.” He added, “We’re supposed to be one voice, and you three voted together offline. You did it before, and you did it again tonight.”

Motley replied, “My commissioner’s comment is that everything Commissioner Tran just said is wrong,” and the meeting adjourned.

IRS lien discharged, deed in hand: Moody Building transfer to Niece within reach

Watercolor illustration of Fort Scott City Hall with the words Fort Scott City Commission Meeting

FORT SCOTT — The IRS has discharged its lien on the historic Moody Building and the city has a deed to the property in hand, City Attorney Bob Farmer told the Fort Scott City Commission Tuesday night, putting the long-delayed transfer to developer Al Niece within reach. The discharge still has to be recorded and a title company is checking whether anything else is needed. Farmer spoke minutes after Niece and his architects showed the commission what they hope to make of the historic building.

“I have in my hand a discharge of lien from the IRS on that building,” Farmer said.

Mayor Kathryn Salsbury presided, with Commissioners Julie Buchta, Tracy Dancer, Tim Van Hoecke and Matthew Wells, City Manager Brad Matkin, City Attorney Bob Farmer and City Clerk Lisa Lewis.

Moody Building: lien discharged, deed in hand

Farmer said he had worked his way up to the supervisor of the IRS agent handling the federal tax lien on the building at 124 S. Main. The supervisor, he said, offered to “speed this along,” discharged the lien outright, and the discharge arrived Tuesday. Farmer said the Register of Deeds was not sure how to record it, and the city was working on getting it filed.

The same day, he said, he received by overnight mail a resolution from Troy Schell, the attorney for what Farmer called the expired Moody LLC, authorizing transfer of the property to the city, along with a quitclaim deed to the city. Both documents went to the title company, which is checking whether anything else is needed.

“We are this close to having all the things that you were talking about satisfied so that Al owns this wonderful historic pile of bricks over there,” Farmer said.

Niece thanked Farmer and Matkin for their help. “It has been an ordeal and it’s not done yet,” he said. He said the outside of the building will stay the same, and that what his team has found inside so far is “a little bit more than we anticipated.” He has worked with Architect One of Topeka on the project for four months.

Architect One project manager Tyler Duggan said the building was built by I.W. Moody, who founded the Fort Scott Granite and Marble Works, and that the historic plaque across the street puts its cost at $20,000 in 1890. “It’s just a stunning example within the Kansas community and the broader region of a strong historic project,” concluded Duggan.

The firm’s early concepts call for restaurant and retail space on the main floor and apartments, or possibly a studio or loft condominium, on the upper floors. The team has been cleaning out the basement. The architect said the building is being held together on the alley side with “belts and posts” after years of improper care. He asked anyone with old photographs of the building to share them. Wells pointed the firm to Brian Allen, who has access to Don Miller’s photo collection, and Dancer suggested the Old Fort Genealogy Society.

“Lu and I really, really like this town,” Niece said. “And we want to turn the Moody Building into something that the community can be proud of.” Of the architects’ schedule, he said: “They’re giving me a timeline. I said, ‘well, let’s cut it in half.’ That ain’t going to happen, but we’re going to be moving on ahead. Just be patient with us, and you’ll start to see some improvements pretty quick.”

Earlier Tuesday, while looking over the building, Niece told fortscott.biz its basement also floods, and Matkin said alley work behind it cannot be done until the poles holding up the building’s west side are removed (Alley In 100 Block of South Main: Attention Needed).

118 E. Wall: a clinic, but how soon?

Brent Morris of Mercy and Truth Health Care Ministry, a faith-based health center with clinics in Kansas City, Kansas, and Johnson County, told the commission the owner of the red-tagged building at 118 E. Wall has agreed to donate it to the ministry. Morris, who called the ministry “an FQHC look-alike,” said it provides primary care and behavioral health, works with refugees and runs a mobile health unit that travels up to four hours out, and that maternity care and a birthing center are among its goals. He said its clinics are open 8:30 a.m. to 5 p.m. with no overnight stays, apart from maternity care if that comes later. He also emphasized the ministry’s model of partnering, not competing, with already-established health care in the region, and pointed out that a care clinic is a cost-effective way to meet the health care needs of the region.

Morris said repairs would cost more and be “a little more extensive than we thought,” and that the ministry might first open in a neighboring building, such as 116, while it raises money for 118. He estimated three to six months for an answer and said he hoped the building would be taken care of within six months to a year.

Wells said he supported the proposal but not the timeline. The city demanded repairs to the building 18 months ago, he said, and Salsbury put the total wait at three years. “And it feels like we’re fixing to kick the can again. I’m not okay with that,” he said, asking that the building at least be braced structurally right away to prevent collapse and damage to the adjacent buidlings. Asked by Van Hoecke whether the city had any other options for the building, Matkin said, “Your other option is you guys decide what you want to do with it.”

Kristine and Gavin Gemsky, who signed up to speak, objected to a clinic in the downtown historic district and questioned spending hundreds of thousands of dollars on the building. Gavin Gemsky asked what demands the ministry’s clinics put on emergency services; Morris said it varies, “one a week” or none. Kristine Gemsky said the ministry had told them it could also house refugees. Morris denied it: “Never said that we house them.” Salsbury invited the Gemskys to meet with her separately.

Later in the meeting, Leroy Kruger, the city’s director of community compliance, zoning and housing, told Buchta the ministry has said it would carry insurance on the building from the day it takes the deed.

CareVan letter approved

Becky Gray, director of Building Health Inc., a nonprofit subsidiary of the Community Health Center of Southeast Kansas, said its CareVan service gave just under 4,400 rides in Bourbon County in its last program year and had to turn down 412 for lack of capacity. She said close to 2,000 county households have one vehicle or none, and that a change in the state’s Medicaid broker cut the program’s rates so it is no longer operating in the black. She asked not for money but for a letter of support for a Kansas Department of Transportation grant. The commission approved the letter 5-0.

1110 S. Scott goes to a hearing

The commission approved Resolution 41-2026 on a roll call with no votes against, setting a Nov. 17 public hearing at 6 p.m. on the house at 1110 S. Scott as an unsafe and dangerous structure. Kruger said the house came before the commission on Nov. 6, 2018, for an order to repair it. “Eight years later, it’s in no better shape than it was back then,” he said. “I’ve received multiple different complaints in the neighborhood on this particular house.”

Neighbor Mitch Parker said a hole on the north side had been “the size of a Chevy,” which he believed had since been boarded up; animals had been living inside, and two real estate agents told him it would lower the value of his house. “We put up a $5,000 property privacy fence in the backyard just to cover it up,” he said.

Other business

  • The commission voted 5-0 to approve the agenda after removing the lake lot sale discussion and adding a Strukel Electric item to the consent agenda. The consent agenda passed 5-0. It included Appropriation Ordinance 1417-A ($1,942,700.75 in payments dated Sept. 10–29), a final cape seal payment of $344,225 to Vance Brothers and $59,060.02 to Whitaker Aggregate for asphalt on 9th Street. Matkin said 72 blocks were done this year.
  • Salsbury said timed limits are back: four minutes for public comment, and she asked speakers making appearances to keep to 10 to 12 minutes.
  • Ray Streeter said he was still waiting for street striping he had asked for and that chip-seal gravel was left in front of the post office and the courthouse. Matkin said he would send the street sweeper; Wells said cars had been parked in those spots every day despite the signs.
  • City Engineer Jason Dickman said preliminary work has started on Wall Street Phase 3 and the railroad permits have been paid for. A 12-inch water line already crosses the highway near Key Industries, he said, but sewer service west of the highway could need a lift station because nearby manholes are only about 5 feet deep.
  • Van Hoecke said the commission has made no commitment to build roads or sewer for a proposed development across the road, only to investigate a water line. Wells said the city agreed only to find out what water and sewer service would cost. A business owner in the audience said the same.
  • Wells asked about restoring turning-lane striping, the water and sewer master plan the city is doing with a Spring Hill group (he was told it is still under way) and the at-grade crossing and overpass study.
  • Wells said the volunteer Hope Alliance has placed seven homeless people in jobs and housing in a few weeks and helps only people from Fort Scott and Bourbon County. He credited Honey Bidwell. Matkin said someone from the alliance will come to the next meeting to ask for a city liaison.
  • Farmer and commissioners praised this year’s chip seal and the Wall Street work. Dancer thanked Public Works for notifying residents before road work and marked the last of 70 annual Pioneer Harvest Fiestas.
  • Salsbury asked where the city stands on signing up for an emergency alert system.
  • Lindsay Madison of the Fort Scott Area Chamber of Commerce said the state Main Street director visited Tuesday morning and about 30 people attended the quarterly downtown meet and greet.
  • Streeter asked about a street advisory committee; Matkin said the city will need to advertise for members.

The meeting adjourned on a 5-0 vote.

Full City Commission agenda packet, Oct. 6, 2026 (PDF, 100 pages)

Backhoe bids die without a second; personnel motion fails after three closed sessions

FORT SCOTT — Five motions to buy a backhoe for the county transfer station died without a second at Monday night’s Bourbon County Commission meeting, and a personnel motion that came out of more than an hour of closed-door discussion failed with three commissioners opposed.

Chairman Gregg Motley presided, with Commissioners Joe Allen, David Beerbower, Mika Milburn-Kee and Samuel Tran, County Counselor Bob Johnson and County Clerk Ann Clarkson. The posted agenda listed a 6 p.m. start; the meeting began at the commission’s usual 5:30.

Routine business

The board approved the agenda, the Sept. 28 minutes, accounts payable and the August financials. The packet lists an accounts-payable batch of $463,336.56 due Oct. 2, about $302,000 of it in Blue Cross Blue Shield medical and dental premiums for August through October. The board also approved corrections to the Sept. 18 accounts payable and a set of tax roll corrections. (On Sept. 28 the board had approved $15,421.96 that was left off that week’s accounts-payable report.) Motley noted that documents executed the previous week were in the agenda packet. No public comment cards were turned in.

Three executive sessions, then a failed motion

The agenda listed an executive session on employee performance, requested by Tran, to include Dr. Cohen of HR Solutions On Call, the county’s human resources contractor, Johnson and the commissioners. On Sept. 28 the board had given Tran authority to ask Cohen to come handle personnel matters in person.

Tran moved three executive sessions in a row under K.S.A. 75-4319(b)(1), for non-elected personnel matters dealing with job performance, each including the five commissioners, Johnson and Cohen. The first lasted 25 minutes and the second 20, and the board came back from both with no action.

Returning from the third, 20-minute session with action, Milburn-Kee moved to “give that authority to Dr. Cohen to make those changes.” Tran asked her to “define the changes a little bit more.” Milburn-Kee said several changes had been suggested, and the motion meant “the very last one that let Mr. Allen work with Cohen to make the payroll change forms.” Tran seconded. The motion failed on a voice vote, with Allen, Beerbower, and Motley opposing.

Under future agenda items, Milburn-Kee asked whether the personnel matter would come back. “To me, it’s until it’s resolved,” Tran said, and asked that it go on the agenda.

No budget update; asbestos results pending

The agenda had financial consultant Matt Lawn down for a budget update, with the certified 2027 budget in the packet. Lawn was not at the meeting, so that item was skipped. The board adopted the 2027 budget, not to exceed 56.678 mills, on Sept. 28.

On the asbestos inspection and courthouse move, Beerbower said the inspection has been done but he has not received the results. He said crews would start IT and window work at the new court location Tuesday morning.

Transfer station: Allen reports KDHE answers

Under Tran’s transfer station item, Tran called Kevin “Skitch” Allen, a local commercial hauler who uses the transfer station, to the table. At the Sept. 28 meeting Allen had suggested buying a pressure washer for the station’s equipment, and Beerbower had raised concerns about state rules on wash-water runoff.

Allen said he had emailed his report to four commissioners and had tried several times to call Beerbower. Beerbower said he had not gotten a phone call. “On my personal phone, you’re blocked,” he told Allen. After Allen asked him to repeat it “for the crowd at home,” Beerbower added, “because it’s my personal phone.”

Allen then reported on two questions he had put to the Kansas Department of Health and Environment. He said KDHE told him the station can use a pressure washer, because the grate at the municipal solid waste area already drains to a catch basin and what he understood to be a 1,500-gallon sludge tank, and that it would only need an addition to the county’s state permit. He said two roll-off dumpsters at the top of the construction-and-demolition hill, one for tires and one for trash, would also only need a permit addition, as long as the trash is brought down and emptied once a week. He said the county owns about six roll-off boxes, two of them now full of tires, and that KDHE suggested 20-yard boxes, whose shorter sides make it easier to throw things over the top.

Beerbower said he had found the same thing about the wash rack: the tipping floor meets the standards for one. He called the roll-off idea “a very good and doable suggestion,” said it should be passed on to Public Works, and suggested starting with at least one dumpster. Allen said landfill employees had been led to believe the roll-offs were illegal: “So it’s not illegal. It’s good to go.”

Who pays for the transfer station raise?

Beerbower then took up his item on the 5% wage increase in the 2027 budget. Transfer station employees are paid from fees, not property tax, he said, so their 5% in the 2027 budget has to come from the station’s existing budget, from a rate increase, or not at all. On Sept. 28 his motion to raise station rates and give station employees 15% died without a second.

Beerbower said the budget figures showed a 2025 carryover of about $96,000 for the station that “sure didn’t go back into the transfer station.” (On Sept. 28, Motley reported that the audit showed a $96,000 surplus for the station in 2025.) If it had, he said, “we wouldn’t be talking about” the backhoe, “because we had $96,000 we could have purchased it.” Beerbower also pointed to $35,000 that he said had been applied to the bond, and Tran asked what happens to the $35,000 the station is no longer paying toward its building; Motley said that had been accounted for in the budget. Motley said the carryover stays in the station’s cash reserve and that fee increases could pay for the raise.

Tran said his understanding was that the 5% was already in the station’s budget. “If it’s in their budget, they can do whatever they want with their budget, not come back to the table and ask for more money,” he said. Rather than ask the public to pay more, he said, the county should look internally for the money. Beerbower agreed to ask Lawn how the raise will be paid. No action was taken.

The packet for the item also included a written memo from Milburn-Kee calling for a formal compensation survey and a structured pay plan, a 1.5 to 2% cost-of-living increase plus a performance-based pool of up to 5% in total, before wage decisions are made position by position. The memo was not discussed. The packet also included a Linn County job listing for an equipment operator at $15.09 to $18.91 an hour.

HR proposals close Wednesday

Allen said the county’s request for proposals for human resources services closes Wednesday, Oct. 7; he said he had mistakenly written Oct. 5 as the deadline. He said he believed there were three responses so far, two from corporations and one from an individual, and that the board would decide next Monday.

Milburn-Kee asked whether applicants must meet the RFP’s requirements, and said changing them afterward would be “setting yourself up to make deviations” for someone already chosen. Motley and Allen said no one had been selected; Allen said he had not read the responses, on purpose. Milburn-Kee said she had seen them. She and Beerbower said the board had not used an RFP when it hired an HR provider a year ago. Tran said he brought the RFP idea from the contracting world he works in. “If you put out an RFP, that’s your guidepost. That’s what you should use,” he said, warning that deviating for one bidder could open the county to a protest or a lawsuit. Johnson recommended the board “look at them and deal with it next Monday because you don’t know what you have yet.”

After the vote to adjourn, Tran asked where the RFP had been advertised. Allen said it ran in the Tribune; from the exchange that followed, it appears to have been placed in the Help Wanted section.

Backhoe bids get no second

The backhoe bids had been held over from Sept. 28 while Public Works confirmed the quotes were still current. Beerbower said the public works director had gathered five bids, as the board had instructed, and that the vendors had re-dated them to Monday at the same prices. He moved to accept the bid from Foley Equipment for a new 2026 CAT backhoe. The motion died for lack of a second, as did his motions for the 2025, 2024, 2022 and 2018 machines. Beerbower said the transfer station was getting by with an excavator borrowed from Public Works at this time.

Joe Allen said that when he talked to Public Works Director Kenny Allen the week before, the director planned to ask Murphy Tractor for a bid as well. Beerbower said nobody had told him that and the board had given no such direction.

When future agenda items came up, Beerbower objected that Murphy could now see the competing price: “They know Foley’s bid. So it’s real easy to underbid.” Milburn-Kee replied that the bids had not been sealed. Beerbower said the board had approved a backhoe bid, then repealed it, then asked for five bids and done nothing with them. Johnson advised that “if you’re going to re-bid them, you should probably have everybody re-bid them, and not add a bid to an existing RFP.” Tran suggested a market analysis, which he said is not binding, before going out for a formal bid. Beerbower asked that the backhoe go back on next week’s agenda.

Letter of support for tobacco distributor

Dr. Roger K. Harris asked for a county letter of support, which he said the state requires because he plans to distribute cigars from his lake home through his company, Eagles and Osprey LLC. He said his state application and bond had already been submitted; the packet includes a $1,000 Kansas tobacco products distributor’s tax bond for the company. Harris said he set up the company in the county because it is a federal HUBZone, and offered to help the county pursue HUBZone contracting, saying a contracting company he worked for had half a billion dollars in government contracts, 5% of each of which had to go to small-business set-asides. On a motion by Milburn-Kee, seconded by Beerbower, the commission authorized Motley to sign the letter on behalf of the board.

Next week

There is no county commission meeting scheduled for next week, Oct. 12, because it is a public holiday.

No commissioner had comments. Items named for future agendas were the backhoe, the transfer station pay raise, the HR proposals, the personnel matter from the executive sessions, an auction, Becky Gray letter of support for transportation. The posted agenda’s future-topics list also included insurance and the purchasing policy. The meeting then adjourned.

Editor’s note: The county’s video stream of this meeting malfunctioned and showed a still image for its duration; this story is based on the meeting audio.

County adopts 2027 budget with 5% for pay; transfer-station rate hike dies without a second

FORT SCOTT — The Bourbon County Commission adopted its 2027 budget Monday night with 5% built in for an employee pay increase, after a push for much larger raises went nowhere and a motion to set raises aside until 2027 died without a second. Later in the meeting, a proposal to raise transfer-station rates for the first time in the station’s 10 years died without a second.

Chairman Gregg Motley presided, with Commissioners Joe Allen, David Beerbower, Mika Milburn-Kee and Samuel Tran, budget consultant Matt Lawn and County Clerk Ann Clarkson. The county’s recording of the meeting begins as the board returned from its first executive session at about 5:54 p.m. Coming out of that session, the commission voted to give Tran authority to ask Dr. Cohen of HR Solutions On Call, the county’s human resources contractor, to come handle personnel matters in person. It then went back into a 20-minute executive session to consult County Counselor Bob Johnson and an attorney for the county’s insurance carrier, both by phone, about pending litigation, and returned with no action.

Budget adopted at 56.678 mills

Lawn said his latest version brought the 2026 estimates closer to the budgeted amounts, which increases the carryover reserves in the general, employee benefit, and road and bridge funds. He also gave commissioners a sheet showing what raises of 5% up to 15% would cost. Milburn-Kee said the larger raises would take more than three and a half mills, and Lawn said they would deplete most of the county’s carryover reserves. “I still think your best plan to go forward is to do a real wage study and build a step system off that,” Lawn said.

Beerbower proposed a 15% raise for employees who are not directors or elected officials, which he estimated at about $500,000. He would pay for it with the roughly $200,000-plus difference between the revenue-neutral rate and the adopted rate plus cuts to each department’s commodities budget, and would put the remaining FEMA money and the Jayhawk Wind PILOT revenue into the general fund as a cash reserve. Milburn-Kee noted that commodities include fuel, which is already rising.

“The guy that comes to work every day and hasn’t seen a raise in 10 years, that’s the guy I’m talking about,” Beerbower said. “And it’s really easy to see. All you got to do is look at the payroll.”

Tran said the county still has no plan for who should be paid what. A pay study that human resources was supposed to produce this year never arrived, he said, and “if we didn’t follow up on them, that’s on us.” Beerbower said HR had promised him the study in 60 days back in March.

Motley agreed with Tran that the county needs “a program, not a no raises for three years and 15%” — one that rewards effort and performance and fits the market for each job. “Let’s do it right. Let’s just wait on big raises or anything like that until we can get this done correctly.” He said Standard & Poor’s has criticized the county for inconsistent pay changes and equipment reserves. Tran pointed to another issue on his radar: “Somewhere in this whole thing, we’ve got to come up with $22.5 million. We haven’t even talked about that.”

Allen said he has supported 5% from the beginning. “I think 5% is reasonable. It’s not excessive. And I think these employees deserve that 5%.”

Tran then moved to table all pay-raises until 2027, when he hoped the county would have a plan for step increases and employee benefits. The motion died for lack of a second.

Lawn said the budget as written keeps the 56.678-mill total and includes 5% for pay and 20% for rising insurance costs. Milburn-Kee objected that the budget has only four expenditure line items; Lawn said most operating funds are set up that way, which he called time consuming and “very problematic.” Milburn-Kee moved to adopt the budget as written, not to exceed 56.678 mills. It passed on a voice vote, with Beerbower voting no. Lawn said he would have it submitted by the end of the day Wednesday, the state’s Sept. 30 deadline.

Grant, fund transfer and other business

Emergency Manager Lou Howard asked the board to approve the Emergency Management Performance Grant application, a 50-50 federal and county cost share that can pay for salary, office supplies, technology, planning and required exercises. Commissioners authorized Motley to sign it. Howard said she will bring back the county’s Emergency Operations Plan once it is finished.

On behalf of Public Works Director Kenny Allen, the board approved moving $325,000 from the Road and Bridge Sales Tax Fund to the Road and Bridge Fund to cover payroll. Milburn-Kee asked that the record show the money was for work done on hard-surface roads.

The commission also approved $1,750 for the  indigent cremation of William Watson, to be paid through accounts payable from the general fund.

Milburn-Kee invited representatives from Murphy Tractor to the table and thanked them for a detailed report on training and calibration work done for the county, which she said, citing figures Murphy gave her, helped raise the county crusher’s output from 400 tons a day to 3,600. “When we purchase this expensive equipment, the value isn’t just in the machinery,” she said. “The value is in our relationships with the vendors that are providing us those services as well.” Roland Hammond, Murphy Tractor’s regional product support manager, told commissioners that going forward, the company will communicate better before, during and after repairs. Motley suggested Hammond meet with Public Works Director Kenny Allen, the county’s main point of contact; Hammond said the two had not met.

In other action, the board:

  • approved having TEC reorder the county’s phone prompts at no charge, to correct the problem of too many overflow calls going to the clerk’s office;
  • approved sending Allen County a memorandum of understanding on the shared county appraiser, under which Bourbon County would pay its share of the appraiser’s health insurance monthly rather than yearly; Milburn-Kee said the shared insurance a big savings for the county;
  • gave Bourbon County Clay the board’s blessing to enter an ornament representing the county in the Kansas Association of Counties’ governor’s tree competition.

Purchasing policy goes back for input; no action on insurance

The draft purchasing policy calls for price comparisons under $2,500, three quotes from $2,500 to $9,999, three written quotes from $10,000 to $24,999, and a formal bid or request for proposals at $25,000 and up. Beerbower said those thresholds are too low, noting that a patrol car tops $55,000 and a dump truck $180,000. He suggested thresholds he said similar counties use: department authority up to $10,000, three documented quotes from $10,000 to $50,000, formal competitive quotes from $50,000 to $100,000, and a request for proposals with board approval above that, which he said lines up with a Kansas legislative move to raise county construction thresholds from $25,000 to $100,000. He also recommended using state contracts that let counties buy at the state’s bid price. Clarkson said most employees’ purchase cards have a $1,000 limit, and that at the sheriff’s office everyone carries one. Tran said department heads may need higher limits but not every cardholder should have them: “If you give them the limit, they’ll take it. I’m not saying everybody, but I’m saying somebody will sometimes.” Motley will send the versions of the policy to department heads and elected officials for their feedback.

Updating the purchasing policy of the county is intended to meet the goals of consistency and transparency, according to Milburn-Kee and Beerbower.

Milburn-Kee’s proposal to move to a flat county contribution toward employee health insurance, with a $2-an-hour premium payment for employees who have insurance elsewhere and decline county coverage, drew questions from Beerbower about workers’ compensation and KPERS. Motley said he has received “some pretty vitriolic replies” from elected officials and department heads who fear losing employees who came for the benefits if Milburn-Kee’s proposal is implemented. “We have single moms, people like that, that would lose a lot of money,” he said. Milburn-Kee said 64 employees are on employee-only coverage and 18 on employee-plus plans. No action was taken.

Beerbower said a contractor will look at the work for the courthouse move Wednesday, Sept. 30, and that an inspection is set for Tuesday.

Records-request fees

The commission adopted a resolution setting copy fees of 50 cents a page for Kansas Open Records Act (KORA) requests and assigning each county office responsibility for its own records rather than routing every request through the clerk’s office. Before the vote, commissioners Joe Allen and Beerbower discussed leaving the decision about fees for fulfilling requests to each elected officials’ offices, giving the Sheriff’s Office as an example of a county entity that sets its own fee schedule for records requests. “I think y’all need to take some time reading the statute,” Milburn-Kee said.

County Clerk Annie Clarkson reminded the commission that adding signed documents to the published agenda is a step towards the transparency needed to reduce the number of KORA requested records. She mentioned that some people don’t like to retrieve their own documents, “But, KORA request also says if they’re already available to the public, then we’re not required to fill that KORA request.”

Motley said Bob Johnson, the commission’s attorney, told him Allen County received three records requests last year, and that Bourbon County is “getting a lot of frivolous” ones. Tran agreed: “It’s KORA lawfare. They’ll file it just to do lawfare against whatever it is that they don’t like. And that’s fine. That’s their right to do that. But it is bogging down the mechanism.” Clarkson pointed out that Allen County charges more to fulfill requests than Bourbon County does.

Beerbower moved to adopt the resolution, and it passed on a voice vote, with Joe Allen voting no.

Transfer station: rates, hours and a profit-and-loss question

Beerbower answered concerns raised at earlier meetings by Kevin “Skitch” Allen, owner of Skitch’s Hauling & Excavation, who uses the transfer station. Allen had asked for the station to open for four hours on minor holidays because “the trash doesn’t stop.” Beerbower said the station has only three trained employees and already leaves one person alone on Saturdays, which he called a safety and liability problem. He said they could re-asses after the landfill is fully staffed. Kevin Allen pushed back saying that the landfill has historically been open on minor holidays until about a year ago when that service stopped. Allen also suggested opening the scales at 7 a.m. instead of 8, since the scale operator arrives at 7; Beerbower said the early staff are preparing the site for the day. Allen then suggested that some of the work done at the beginning of the day could be done at a later time.

Allen also asked how the county knows the station is breaking even before it raises rates. “How do you know you’re breaking even is my question,” he said. Beerbower said the transfer station is a service “not designed to make a profit,” that he could find no year in its 10 years of operation when it went over budget, and that its rates have not gone up since it opened while its costs have. Motley read the station’s results from the county audit: a $96,000 gain in 2025, a $3,000 loss in 2024, and gains of $68,000 in 2023 and $22,000 in 2022. He cautioned that government cash-basis accounting leaves out equipment depreciation. “That’s apples and oranges to the typical business, but it’s been within budget, and it’s operated well,” Motley said.

Allen and Beerbower also disagreed over the station’s backhoes and over Allen’s suggestion to buy a pressure washer, which Beerbower said would need a pad with environmental drainage to meet state rules. Beerbower said he would check with the Kansas Department of Health and Environment.

Beerbower then moved to raise rates effective Jan. 1, 2027: in-county construction and demolition waste from $35 to $40 a ton, in-county trash from $40 to $46, out-of-county construction and demolition from $40 to $51, and out-of-county trash from $50 to $56. He said the station handles about 12,925 tons a year, bringing in about $520,000, and that comparable facilities commonly charge $57 to $60 a ton for trash. The motion also included a 15% raise for the station’s four employees and restricted reserves of $35,000 a year for equipment and facilities, $15,000 for closure and post-closure costs and $15,000 for operating carryover. It died for lack of a second.

Backhoe bids were held until next week while Public Works confirms that the Foley quotes are still current. Future agenda items include the backhoe bids, possibly employee IT training once Stronghold sends its information, responses to the county’s request for proposals for human resources services, which Joe Allen said number three or four so far, and an update on the courthouse asbestos work and the court’s move.

County appoints a shared appraiser, puts off the budget a week, & hears an employee’s plea for raises

FORT SCOTT — The Bourbon County Commission appointed a new county appraiser it will share with Allen County, pushed adoption of the 2027 budget to its final possible week, and heard a longtime county employee tell commissioners that “you’re so far behind, you think you’re in first” on county employee wages at its regular meeting Monday night.

Commissioner Joe Allen presided as vice chairman; Commissioner Gregg Motley was absent. The commission amended its agenda at the start of the meeting to add the budget discussion, the courthouse relocation proposal and a second accounts payable list. Commissioners David Beerbower, Mika Milburn-Kee and Samuel Tran also took part, along with budget consultant Matt Lawn and County Clerk Ann Clarkson. The county’s livestream broke in the middle of public comments and resumed as a second recording (part 1, part 2); the two recordings run about two hours and 20 minutes in all.

Public comment: handouts, wages and the transfer station

Clint Walker, who said he has attended commission meetings for a decade, complained that handouts distributed at the table reach “only select people” and said that was why he did not speak at the Sept. 14 revenue-neutral-rate hearing: “I didn’t have documents to review to make an intelligent decision or conversation.” He tied that to the county’s volume of open-records requests, picking up a remark he said he had heard the chairman make on the radio. “We have the highest number of KORA requests. The reason we have the highest number of KORA requests is because we’re not getting the information coming out here,” he said. “The worst thing you can do is withhold information” (part 1, 7:09). Milburn-Kee said the new “executed documents for record” item on the agenda, posted on the county’s digital public agenda calendar, is meant to answer that by sharing the online access point in the published agenda.

Bob Reed, who introduced himself as a longtime Bourbon County employee, taxpayer and property owner, said he was speaking “as a voice for the employees” and asked the commission to act on wages immediately (part 1, 9:06). He said the county has given an across-the-board raise “about every six to eight years,” and that benefits once offered in lieu of raises: no-cost insurance for single employees, free dumping, extra holidays and longevity bonuses, have all been lost in the past year except the holidays. A single employee now pays $135 a month for insurance and an employee with a spouse $400, he said, “on a $16 to $19 wage.”

“Us employees get told every year we can’t afford raises. However, we can afford the three P’s,” Reed said. “What are the three P’s? Pet  political projects.” “At Public Works alone, the director would have to cut back $73,000 a year to give his employee a dollar raise,” he said, adding that studies he did as a department head reached the same conclusion as everyone else’s: “You’re so far behind, you think you’re in first.” He asked for raises across the board and a step-increase system, and said the incentive being discussed for employees who decline county insurance would penalize those who take a benefit “that historically has been provided” by other employers. When told his 3 minutes to speak were up, he concluded with the exhortation, “Don’t talk about it. Just do it.”

Kevin “Skitch” Allen, who owns Skitch’s Hauling & Excavation and hauls to the county transfer station, returned to ask whether the commission had a response to the transfer-station suggestions he made in the Sept. 14 meeting: foam-filled tires and air conditioning for the backhoe, and half-day openings on some holidays (part 2, 0:40). Joe Allen said the board had not met since and the items were not on the agenda. Tran said one commissioner’s opinion “doesn’t mean much when you need a consensus of at least the majority,” and that the request belonged on an agenda rather than in public comment if action is what’s wanted. “I just think that any citizen deserves an answer, eventually,” Kevin Allen said. Beerbower said he would put the items on a future agenda, and did so at the end of the meeting, along with a transfer-station rate discussion.

A new appraiser, shared with Allen County

After a five-minute executive session on appraiser employment, the commission authorized Milburn-Kee to continue onboarding. Later in the meeting it adopted Resolution 30-26 appointing Danielle Louk, a Kansas Registered Mass Appraiser, as Bourbon County Appraiser effective Sept. 21 for the unexpired term ending June 30, 2029 (part 2, 1:11:41). The resolution, included in the agenda packet, authorizes a memorandum of understanding with Allen County for shared appraiser services, with Louk’s compensation and benefits administered under that agreement. Milburn-Kee moved, Beerbower seconded, and the resolution passed with no opposition. The resolution repeals Resolution 20-25. Milburn-Kee asked to put the Allen County MOU on next week’s agenda.

The office had been vacant since former appraiser Matt Quick’s resignation took effect Aug. 18. Commissioners interviewed candidates at a special meeting Sept. 14.

Budget: adoption next Monday, and a fight over road money and raises

Lawn told the board the budget must be adopted by Sept. 30, which leaves only next Monday’s meeting (part 2, 10:50). Milburn-Kee asked that Road and Bridge’s 2026 spending estimate be lowered to the amount originally adopted, a difference Lawn put at about $240,000, with the corresponding mills moved to the employee benefit fund or the general fund rather than left to Road and Bridge spending authority.

Tran said the last thing he remembered the full commission agreeing on was to put the growth in assessed valuation into the general fund. “I just want to know when and where did we change our mind on this,” he said. Milburn-Kee said nobody had directed a change: Lawn had projected what the department would overspend in 2026 and carried that forward. Beerbower said he did not remember the board discussing the benefit-fund idea at the table. “Did we vote?” he asked. “No,” Tran said. “We never voted because we weren’t voting at the time. It was just a consensus.” Milburn-Kee added: “To be fair for Matt, we’re throwing him all over the place because we haven’t voted on a single thing” (part 2, 37:42).

“There’s five of us and five different ideas,” Tran told Lawn. “Any marching orders that you get should come from the table. It should always come from the table where there’s a consensus.”

Lawn said the proposed budget includes a 5% wage increase across all departments. Beerbower said he would like it higher. “5% is not much, not considering where we’ve been and how long it’s been to get here,” he said, adding that he had run his own numbers for a 15% increase at Public Works and, with benefits, arrived at about $120,000 because the department has fallen from 38 employees to about 31. Tran put a 15% increase on the department’s projected $1,406,633 in wages at $210,994. Milburn-Kee pressed Lawn on where the money for a 5% raise comes from if the valuation growth is being set aside unencumbered; Lawn said it comes from all revenue sources, including sales tax transfers and fund balance, and that he budgets “holistically at total revenue versus total expenditure” rather than matching each increase to a revenue line (part 2, 28:33).

Milburn-Kee said her larger fear is spending authority built on one-time revenue: the FEMA reimbursement, about $412,000 of which is being transferred into Road and Bridge this year, and a carryover balance Lawn projects will grow from about $130,000 to about $621,000. “We learn to operate at this capacity, and then we have to…” she said. Tran put the consequence plainly: “We can spend that money this year, but if you don’t refund that money or get more money in next year, you’re going to raise the mill.” Beerbower argued the opposite risk: “You keep running everything flat [pay rate] and everything else around you keeps going up. Four years from now, you’re going to be way down here and you’re going to have to have an enormous raise.” Lawn called that “valid, absolute valid criticism” and said next year’s budget “will have to look different than this one” if one-time money is used for operations. He agreed to bring four scenarios by Wednesday, moving the disputed authority to an equipment reserve, to the general fund, or splitting it. Lawn also urged the board to create a step program for wages and positions and to take “a stronger role in approving expenditures,” since budget authority is not blanket permission to spend.

Tran asked Clarkson whether $60,500 budgeted for an election employee would stay in elections; she said it would.

Asbestos inspection Sept. 29, and who may attend

Beerbower said Apex Environmental and Otis Elevator will both be at the courthouse at 9 a.m. Sept. 29; Apex will inspect the elevator first to allow the Otis people to begin their work, then either the third-floor jury room or the basement, and will also look at the building at 108 W. Second St. (part 2, 49:22). The commission authorized signing the Apex agreement, whose proposal in the agenda packet lists $2,475 for the inspection and report and an estimated $1,050 for 30 samples at $35 each. The board capped the work at $5,000 on Sept. 2.

Beerbower said he planned to bring maintenance staff and “one citizen advisor that asked if he could come,” Michael Hoyt. Milburn-Kee moved that attendance be limited to employees, the elected official and the contractors; Tran seconded. Beerbower objected: “If there’s not a problem for us as individuals to go down there in all transparency, why wouldn’t it be all right?” Tran said the asbestos issue “has been known in this building for a while” and “became a controversy because somebody took it and broadcast it all over the news prior to coming to the board with the results,” and said the county does not let the public help at the transfer station either for liability reasons. The motion passed with Beerbower voting against (part 2, 52:37).

Temporary courtrooms at 108 W. Second

Beerbower presented a budget proposal for moving court operations to three temporary virtual courtrooms at 108 W. Second St. while the courthouse elevator is modernized, estimated at $28,540, mostly for computers and cameras, plus a reception counter, carpet tiles over the worn lobby carpet and cleaning (part 2, 57:58). Joe Allen asked whether IT equipment already stored in the courthouse could be used instead of buying new. On Tran’s motion, seconded by Joe Allen, the commission authorized Beerbower to issue the request for proposals and carry out the project on a not-to-exceed budget, with regular status updates and receipts. Tran stated the cap as $28,540.

Joe Allen reported that the county’s equipment auction through GovDeals is grouped into eight lots and should be listed within a week or two.

Purchasing policy, insurance and KORA fees held for next week

Milburn-Kee introduced a draft purchasing policy, modeled largely on the City of Fort Scott’s and citing state statutes, saying the county’s large-ticket purchases “have drawn a following and a little bit of attention because large vendors are not getting a chance at serving the county” (part 2, 1:14:11). The agenda packet includes a Sept. 9 letter from Travis Clinesmith of Murphy Tractor & Equipment Co. saying the company was never invited to compete for a Caterpillar motor grader financed at about $54,000 a year for eight years, an excavator at about $34,000 a year, or a proposed backhoe. Joe Allen offered a simpler policy requiring bids at purchase amounts of $10,000 or more. Beerbower also mentioned the idea of creating a policy manual for the county, which would include purchasing policies. Discussion was set for next week.

Milburn-Kee’s employee insurance proposal would set the county contribution at $1,100 a month for every employee who takes county coverage and pay $2 an hour in premium pay to employees who show they are covered elsewhere (part 2, 1:19:54). The written proposal says about 18 employees now receive up to $1,700 a month toward insurance while about 64 receive $925, and estimates the premium pay for about 35 employees at $145,600 a year. Milburn-Kee said that the county’s insurance agent is not in favor of paying employees who don’t take the insurance option, as they may be choosing not to insure at all. She didn’t think that would be the case. Joe Allen said he wanted to hear from employees; Beerbower asked for more time, and Milburn-Kee said Motley should see it as well. No action was taken.

The commission adopted Resolution 31-26 reassigning storage space: the clerk gives Pod H to the sheriff for evidence and moves to Pod B, formerly used by 911, and the old kitchen goes to Emergency Management. They also discussed moving a variety of IT equipment that is scattered in three different places in the courthouse to the server room so it can be secured and gone through at a future date. Allen asked about giving the Register of Deeds some of the space that will be freed up by moving the equipment. Milburn said that could be brought up at a future meeting after the move is accomplished.

County Clerk Anne Clarkson and Milburn-Kee presented a draft open-records resolution that would make each department responsible for its own records requests instead of routing them through the clerk; the board tabled it to update the fee schedule after Clarkson said copies should be 50 cents rather than 25 and that another county clerk she had spoken with charges $30 an hour for the work of answering a KORA request.

Housing pitch draws skepticism

A representative of KC Crown Inc. asked for a resolution of support for a Kansas Housing Investor Tax Credit application for up to 100 homes, built as duplexes, in four phases on 15 acres behind the K C Mart south of Fort Scott, saying the state requires a county resolution and the deadline is around Oct. 1 (part 2, 1:40:24). He said units would rent for about $800, the investment would be about $2.5 million for each of four phases (the written scope in the packet says $2.5 million “expected the first year”), and if no sewer connection is available the project would use a one-acre lagoon. Al Niece, speaking from the audience, said no sewer line had been approved by the city and urged “a hell of a lot more research” before the county commits. “There’s no free lunch out there,” he said, referring to past issues the county and city had both had with approving projects funded by “people we don’t know,” that left the government entities holding the bag. Tran said the tax-credit program is run by a nongovernmental organization. He and Beerbower asked that County Counselor Bob Johnson review the request, and Allen said he wanted Motley’s take on it as well; the board tabled it to next week. In closing comments Tran said that while they want good, affordable house in the county, he calculated that 100 buildings of 6,000 square feet each would nearly fill the acreage before roads or infrastructure. “Until I see some more information, this does not bode well for me,” he said.

“My sincere apologies”

In commission comments, Beerbower read a statement about “the heated discussions and debates” viewers have seen in county commission meetings. Healthy debate is essential, he said, but too often discussion “becomes centered on criticisms rather than suggestions.” He apologized “to this board and to the citizens of our community” for an exchange at last week’s meeting, saying it stemmed from a dispute more than a year old and “a public meeting is not the appropriate venue for such a confrontation” (part 2, 1:54:05). Tran thanked Anne Clarkson, appointed County Clerk Sept. 1, and Milburn-Kee for their work in getting the new clerk and the clerk’s office up to speed. Clarkson then thanks Jennifer Hawkins, County Treasurer for her help as well.

The commission approved accounts payable of $581,360.08 and $110,758.06 and the minutes of both Sept. 14 meetings. Next week’s agenda will include the budget, the purchasing policy, the insurance proposal, the KORA resolution, KC Crown, the appraiser MOU, transfer-station equipment and rates, and two emergency-management items.

Commission exceeds the revenue-neutral rate, approves payment for comprehensive plan & zoning work

FORT SCOTT — The Bourbon County Commission voted unanimously Monday night to levy a property tax rate above the revenue-neutral rate, and in the same meeting committed $116,500 to write the county’s first comprehensive plan and zoning code, a document aimed squarely at wind farms, solar fields, battery storage and data centers.

The commission will levy a total of 56.678 mills for 2027. The revenue-neutral rate calculated by the county clerk — the rate that would raise the same amount of money from existing property as last year — is 54.661 mills. The difference is 2.017 mills, which budget consultant Matt Lawn of Baker Tilly put at roughly $294,000 (video, 5:01).

The levy is not an increase over the current year. It is the same 56.678 mills the county is levying now, and down from 59.900 mills in 2025. Kansas law requires a public hearing and a recorded vote whenever a county intends to levy above the revenue-neutral rate, even when the rate itself does not change, because rising property valuations would otherwise raise more money at the same rate. The county’s assessed valuation rose to $143,767,695 for 2027 from $138,681,091 the year before, a gain of about 3.7%. Applied at the unchanged rate, that growth alone brings in roughly $288,000 — very nearly the whole difference between the two rates.

Deputy County Clerk Michael Hoyt was the only person to question the numbers at the hearing. He asked why the published notice showed a total assessed valuation of zero for 2026 (video, 7:32). Lawn said there was an error in the spreadsheet and that he was correcting it; the figure was given in the room as $138,681,091. Hoyt also questioned an increase in the law enforcement fund, where Lawn acknowledged the published figures were wrong, and Chairman Gregg Motley told him that belonged in the budget discussion rather than the rate hearing.

After Motley read the resolution, the roll was called and all five commissioners voted yes: Joe Allen, David Beerbower, Mika Milburn-Kee, Motley and Samuel Tran (video, 13:03).

The 2027 budget itself was not adopted. Motley asked the commission whether it wanted to vote that night or hold the matter open, and the commission chose to hold it open (video, 20:33). Lawn said the county has until Oct. 1 and could adopt on Sept. 21st or 28th. Milburn-Kee said she wanted time with the comparison documents he had prepared, which the commission had received that evening.

Lawn walked the commission through the fund-by-fund changes behind the flat total: a reduction of about half a mill in the general fund, a 2.313-mill increase in the employee benefit fund covering a 5% rise in benefits and health insurance estimated at 18% to 20% higher, and decreases in law enforcement and road and bridge. Smaller movements included a 0.02-mill cut for noxious weeds, a 0.03-mill increase for emergency medical services and about a tenth of a mill more for elections. He had reduced the road and bridge levy by 1.134 mills, he said, because the county will not be able to transfer the full amount of federal disaster reimbursement money he had originally planned because part of it was already committed to pay other costs. Total law enforcement spending still rises, from $2.584 million to $2.851 million.

There were no comments or questions from the public on the budget in the meeting.

A comprehensive plan built around wind, solar and data centers

Commissioner Samuel Tran brought the comprehensive plan back to the table, saying that after Lawn’s budget work the money was there (video, 1:05:11). He then read a resolution approving a planning services agreement with Confluence Inc. for a comprehensive plan and zoning code regulations.

The agreement is for a total fee of $116,500, which includes reimbursable expenses of no more than $5,000. The county will pay $36,000 from the 2026 general fund and the remaining $80,500 from the 2027 general fund, subject to appropriation. The work is split into four phases, the largest being $68,000 for drafting the plan and the zoning code.

The resolution ties the work directly to Resolution 24-26, the temporary moratorium the commission adopted on large-scale power generation, crypto mining, data centers and waste disposal operations. The zoning code, the resolution says, is anticipated to address “utility scale wind and solar energy systems, battery energy storage systems, data centers” and other areas identified as the plan is developed.

Motley said he had understood the plan would be paid for by solar payments and asked whether that was any closer. Beerbower said that was why they had asked Lawn to find the money in the general fund instead. “That was a stretch asking the solar companies to put up money before it was… I mean, it doesn’t start until… It’s on a timeline,” he said (video, 1:12:35).

Motley also asked how the county would enforce the rules once they exist. Tran said enforcement cannot begin until there is zoning, and that the commission would get updates as the process ran so future commissioners could work out who enforces it. Milburn-Kee said she had brought the board numbers a few months ago on what enforcement had cost a neighboring county.

The resolution passed unanimously on a voice vote, and the commission then voted to authorize the chairman to sign the contract (video, 1:14:10).

Earlier in the meeting, resident Kyle Parks had used public comment to urge the commission to fund it. “I think this county commission is going to be remembered for a lot of things,” he said, “and I think one of them ought to be that you guys are the ones that passed the comprehensive plan and zoning.” (video, 24:24).

Appraiser hire authorized after a day of interviews

The commission spent the afternoon in a special meeting interviewing candidates for county appraiser, entirely in executive session. Monday night it took the action in the open, as Milburn-Kee had told the public that afternoon it would.

After a 15-minute closed session on non-elected personnel, the commission returned with action and voted to authorize Milburn-Kee to contact human resources and give authority to hire “appraiser A or B, considering their responses” (video, 45:05). The candidates were not named in open session.

Tran later said that the candidates the commission was looking were all familiar with zoning and came from counties that have it.

A second closed session, 10 minutes with county counselor Bob Johnson on pending litigation, returned with no action.

Burn ban lifted

Commissioner Joe Allen moved to lift the countywide burn ban, saying he had spoken with fire chiefs and emergency management and that the county had received upwards of five to six inches of rain over the past few days. It passed (video, 1:14:47).

A long argument over who gets to talk, and for how long

The sharpest part of the meeting came under an agenda item titled citizen involvement, sponsored by Milburn-Kee and brought by Kevin “Skitch” Allen, owner of Skitch’s Hauling & Excavation — “just a local trash hauler,” as he described himself — who was joined by Clayton Miller. It ran for roughly half an hour and picked up where the previous week’s public works work session left off.

Allen read a prepared statement for about 10 minutes. He traced the dispute to a request he and Miller made months ago to open the transfer station for half a day on minor holidays at double pay for the landfill employees, which he said never got an answer. Shortly afterward, he said, Public Works called Miller to collect his dumpster, and a week later called Allen to collect two portable toilets that had been at the site for years. “We felt as if it was either weird timing or possibly retaliation,” he said (video, 1:15:57).

He said one commissioner stopped taking his calls, and quoted him as having said publicly, “there’s 13,997 people that I will answer calls to, but you ain’t one of them.” He said that when the purchase of a new backhoe was put on hold pending a look at the finances, the same commissioner proposed substantial raises at the transfer station, including one plan under which a commercial driver with less than two years’ tenure would go from $17 to $30 an hour and out-earn the supervisor. Asked directly whether that was true, Allen said, the commissioner told him he would not answer.

Allen asked the commission to study a three-year profit-and-loss statement before raising dump fees at all, to hold local rates where they are and put any increase on out-of-county customers, who he said do not pay county property or sales tax. He also argued the county does not need a new backhoe: for under $20,000, he said, it could foam-fill the tires on the one it has for less than $5,000, repair the air conditioning in both machines and buy a $6,000 hot-water pressure washer. “Their equipment is filthy. They can’t see out of that stuff,” he said (video, 1:27:09).

He then turned to the three-minute limit on public comment. He said he had been reading fast to fit inside it the week before and had to be told to stop before he was finished. “It made me sick. I don’t like that,” he said, asking the commission to consider raising the limit to five or eight minutes (video, 1:31:42).

Beerbower answered by reading the county’s own meeting rules back. Resolution 21-26, he said, reserves a portion of each meeting for public comment limited to three minutes per speaker, and draws no distinction between a regular meeting, a work session, or a special meeting (video, 1:35:47).

Allen had called each commissioner individually before that work session last week to ask whether it would be an open back-and-forth, and said all three told him it would. Beerbower said that put them in a position of making a unilateral decision, and that nothing in any of the county’s meeting resolutions provides for open discussion at all. “So when they said that, they gave you a non-binding agreement that they’re not legally bound to do,” he said.

Beerbower also said he had been in error the week before when he called the work session his own. The floor had been yielded to him because it was his presentation, he said, but under Robert’s Rules of Order the chairman keeps control of the meeting.

It then turned personal. Beerbower said Allen had accused him of cronyism. Allen said he had never used the word. “You referred to me… basically said that I was giving a friend of mine that went on vacation with me, that I was giving him a $13 an hour raise,” Beerbower said, adding that the wage plan was a proposal for the board to work out and that he has no authority to give anyone a raise on his own (video, 1:40:00).

Beerbower said he had told Allen he did not owe him an apology until Allen apologized to him. He referrenced to an issue dating back to 2025 when Allen and others attended a commission meeting and protested separating the landfill from public works, which was part of Beerbower’s plan to make changes to both departments. The protest was based on information circulated in an email which Beerbower said he had nothing to do with. Beerbower said that as a county commissioner, there is no law obliging him to speak to anyone he doesn’t want to.

Allen said he had already made his apology. “I do not appreciate the accusations. I don’t think Clayton does either,” he said.

Johnson, the county counselor, interrupted to say the exchange was “probably more of a conversation for the two of you to have outside of a meeting. This is more personal.” Motley agreed it was not commission business. Beerbower’s answer was that “it became commission business when it happened in the commission” (video, 1:44:20).

“I’m just glad everybody at home got to see it,” said Kevin Allen as he left the table.

Also before the commission

Care to Share. Board members Cory Bryars and Teresa Davenport gave a semi-annual update. The all-volunteer group historically puts about $8,000 a month, or $100,000 a year, back into the community for people fighting cancer; that is up about 50% this year, Bryars said, and the group is now spending more than $12,000 a month. “We haven’t had to turn anyone down,” Davenport said, “and it’s because of the community support we get from Lynn, Bourbon and Crawford Counties that we’re able to help everybody that asks us. And I just want to thank the communities that we are serving that your money is being well spent and we just really appreciate it.”

Care to Share’s big fundraiser, the fifth annual Fort Fest, is Sept. 25 and 26 at Riverfront Park, and a benefit trap shoot follows Oct. 10.

Sheriff’s radio project. Under Sheriff Kevin Davidson appeared in place of the sheriff and patched in Darla Hout of Lexipol’s grant-finder team by phone. Hout said Lexipol has worked with the sheriff’s office for about 10 years and helped it secure nearly $500,000, but that this year has been unusually hard: the change of federal administration, last year’s government shutdown and a review of every federal grant program have left grants delayed or not opening at all. She said she needs a cost estimate for the full radio project, and that she and Sheriff Martin are still approaching grant programs. “It’s a hurry up and wait type of game,” she said. “You’re lucky to find two or three grants that are available and a good fit to fund any given project.”

Regional planning. Motley reported that two Community Development Block Grants are pending through the Southeast Kansas Regional Planning Commission for Bronson’s water treatment upgrade, one covering the bulk of the cost and one the matching funds, an investment he put at about $3 million in western Bourbon County. On 46 acres south of Fort Scott, he said, Equity Bank appears likely to prevail on its lien.

Fence viewing. Johnson advised that a fence-viewing request the commission had received was really a livestock and negligence dispute rather than a boundary question, and so falls outside what the statute is for. He noted he has represented counties for 29 years and Bourbon County is the only one that has ever brought him a fence viewing.

Human resources. Joe Allen brought a request for proposals for human resources services and the commission voted to issue it, after agreeing to leave the deadline at Oct. 7 to allow time for publication.

The commission approved the agenda as amended and minutes for Aug. 31, Sept. 2 and Sept. 9, had no accounts payable to approve, and postponed an item on a KC Crown Inc. project in Fort Scott for a week. It adjourned at about 7:25 p.m. Future agenda topics include a purchasing policy, an update from Joe Allen on the county auction, the county’s contribution toward employee insurance, a reorganization of the phone system so fewer calls land in the clerk’s office, and a Kansas Open Records Act policy.

Fort Scott recovered from a ransomware attack in six days; commission cuts demolition funding 3-2 and will rewrite historic-district penalties

The City of Fort Scott was hit by a ransomware attack in late August and had its systems back within six days, IT Director Stephen Mitchell told the city commission Sept. 1. In the same four-hour meeting, commissioners voted 3-2 to strip the 2027 demolition budget to lower the mill levy and agreed to rewrite a historic-preservation ordinance that carries heavy penalties for downtown property owners.

Mayor Kathryn Salsbury presided, with commissioners Matthew Wells, Tracy Dancer, Julie Buchta and Tim Van Hoecke present. City Clerk Lisa Lewis called the roll. The commission approved the agenda as amended — adding the IT update and folding the mill-levy choice into unfinished business — and approved the consent agenda. On the latter, Matkin flagged the Mid-Continental Restoration contract for Wall Street retaining-wall repairs, telling commissioners the city will get the money back from FEMA; asked by Salsbury whether that covered the entire amount, he indicated it did (video, 30:09).

“Wasn’t something we wanted to do in six days”

Mitchell handed commissioners a written synopsis and timeline before walking them through the attack, which he said was detected about 7:45 a.m. on Tuesday (video, 39:15). He said he isolated the affected machine, shut down City Hall and the core network, and verified public-safety systems were functional before restoring anything else.

Part of what made it worse, Mitchell said, was a coincidental Microsoft bug that crashed the city’s antivirus and let it restart, leaving some machines partially infected. Microsoft acknowledged the flaw and released a patch the same day; once applied, the antivirus came back and began functioning (video, 40:38). He described the malware as “a pretty sophisticated little crypto virus.”

The city was running again within six days, after the IT team worked in 12- and 18-hour shifts, losing about a week of data on two machines that were backed up to OneDrive (video, 42:45). Mitchell said he used the outage to rebuild what had been a flat legacy network into segments isolated site-by-site, and recommended the city move toward a zero-trust, cloud-first architecture.

“Cities and school districts right now, local governments, are all being heavily targeted for ransomware,” Mitchell said (video, 43:43). Commissioners contrasted the six-day turnaround with the multi-week recoveries common at other municipalities, and credited having the work done locally.

Commission cuts demolition money in 3-2 vote to trim the levy

Budget consultant Ben Hart of Baker Tilly, which handles the city’s finance function, asked commissioners to approve one of two versions of the 2027 budget for publication, against a hard deadline: the notice had to be in the newspaper’s hands Thursday to publish Saturday ahead of a budget hearing on the 15th (video, 46:54). Option A assumed selling eight lake lots and using the proceeds to pay down $7.9 million in debt inside the general fund. Option B dropped the lot sales and instead deposited the county’s dispatch reimbursement into the general fund to cover the 2027 debt service, routing the lake-lot question to a capital improvements fund for the commission to allocate later.

Hart told commissioners the revenue-neutral rate is 41.472 mills and the proposed rate is 42.551 — virtually identical to the current year’s levy (video, 49:53). Tracy Dancer pressed on why neither budget option before the commission held the line at revenue neutral (video, 49:38), saying the commission had authorized exceeding the revenue-neutral rate earlier in the year only to preserve flexibility, and that no revenue-neutral plan was ever brought back.

“That’s the kind of conversation we had three work sessions ago, and the very questions we were asking, Commissioner, is where do you want to go with this budget? And that’s exactly where we needed to hear that. At this point, we’ve got two days to get this into publication,” responded Hart. He went on to say that the budget hearing is not the equivalent of adopting a budget and he is open to having a fourth workshop to discuss a revenue neutral budget – “Just understand that this going to involve people, not things,” he said.

Wells moved to eliminate the 2027 demolition budget — $38,977 — for one year, lowering the levy by roughly half a mill. Dancer seconded, saying it was “the only thing that reduces this across the board” (video, 1:00:24). It passed 3-2, with Wells, Dancer and Salsbury in favor and Van Hoecke and Buchta opposed.

Hart confirmed the effect: there will be zero money for demolition in the general fund in 2027, and the levy drops by the equivalent amount, for one year (video, 1:01:18). Van Hoecke had argued against the cut on the grounds that lowering the levy guarantees nothing. At the last work session, he said, property taxes owed stood at $2.5 million, and the county has spent $30,000 simply to publish the delinquency list the requisite three printings, with the same names appearing repeatedly (video, 55:55). “We can lower it, but is that a guarantee?” he asked, warning that a cut this year could force a significant increase next year. He acknowledged some property owners genuinely cannot pay their taxes.

Van Hoecke also asked what happens if the city faces an unsafe property with no demolition money. Commissioners said they would have to reconvene and find the funds.

Moments later City Manager Brad Matkin noted the sum was not a pure demolition line: “That’s his wages right there,” he said, referring to the city’s newly added codes officer (video, 1:02:24). Salsbury replied that she had understood it to be the demolition budget and “was not told that was the codes officer’s budget.” In the commissioner comments portion of the meeting, Wells said that he had understood that line item to be for demolition only, not a salaried position for the codes office.

“We’ll make it work,” responded Matkin.

Historic-district ordinance headed back to a work session

The longest stretch of the meeting was a dispute over ordinance 3782 and the city’s Certified Local Government status. Buchta delivered an extended presentation arguing that the ordinance’s enforcement clause — a Class B misdemeanor carrying up to a $1,000 fine, up to six months in jail, and a separate offense for each period of violation — was being read as authority for full enforcement across the downtown historic district (video, 1:20:49).

Several downtown owners objected to the prospect of fines or jail over building maintenance. Lindsay Madison, president and CEO of the Fort Scott Area Chamber of Commerce and director of its Main Street program, and Kathy Dancer, who leads the city’s historic preservation commission, defended the CLG program’s benefits — faster local approvals, access to tax credits and grant eligibility — while agreeing the enforcement language should be revised and that owners need better education.

Kathy Dancer also told the room she had not been told the discussion was happening: “I am the lead of the Historic Preservation Commission and Resource Commission here in town. I was not notified that this conversation was happening” (video, 2:22:24).

“Enforcement is the city’s job. If codes wants to enforce, let them enforce. If they don’t want to enforce, then that’s on them. But be aware that if you choose not to enforce when the state SHPO [State Historic Preservation Office] comes and does their audit of the CLG, we won’t qualify for CLG status, which is fine if that’s the decision this commission makes. However, keep in mind that absolutely 100% jeopardizes your ability to get grants and tax credits,” said Kathy Dancer of the benefits of becoming a CLG and the need to enforce codes in order to do that. “Historic tax credits are the most valuable of tax credits out there.”

Commissioners established that the ordinance posted online is not the version actually adopted, and that codes officer Leroy Kruger cannot enforce design guidelines that have not been adopted. Wells said only two properties he knew of would be affected, on the grounds that the rules would reach only work done since the CLG was established; Buchta immediately disputed that, saying it was not her understanding and that no list of who had been grandfathered in was ever provided. Kruger said he felt unfairly blamed. Van Hoecke moved that the commission hold a work session at 5 p.m. before its next meeting to rewrite the ordinance, with the penalty aimed at demolition by neglect — the fate of the Moody Building and the lost Eagle Block (video, 2:55:29). The motion passed.

$1.45 million trail grant accepted

Rachel Carpenter, director of human resources and community development, reported the city had won a Transportation Alternatives Grant for a Buck Run Creek trail: $1,451,000 awarded toward a roughly $1.8 million project, requiring a $362,712 local match (video, 34:13). Matkin said the match could be met through the city’s annual federal fund exchange, worth roughly $94,000 to $98,000 a year, plus a special parks and recreation fund. Buchta moved to accept the grant and the 20% match, and it passed (video, 38:13).

Other business

In public comment, Betty Brough urged the commission to act on homelessness, asking for outhouses, showers, laundry, safe fire pits, shelter and affordable senior housing near the Second Street camp (video, 30:41). Matkin later announced a Homeless Alliance meeting set for Sept. 9 at 5:30 p.m.

On 118 E. Wall, Matkin said the owner still wants a cash settlement the city is not offering, and recommended pursuing grants now rather than waiting — warning of “an Eagle Block issue coming up” (video, 1:04:44). The commission voted to do what is legally and financially possible to take possession of the building, without a cash offer. City Attorney Bob Farmer separately reported the owner of the Moody Building intends to quitclaim it to the city (video, 3:13:04).

The commission passed six resolutions setting hearings on allegedly unsafe structures at 507 W. 18th St., 611 W. Fifth St., 735 S. Little, 416 S. Barbee, 418 S. Barbee and 108 N. Judson. A motion to table the Judson resolution to reach the actual owner failed before the resolution itself passed.

Cindy Bartelsmeyer was appointed to a vacancy on the Fort Scott Land Bank (video, 1:17:16). City Engineer Jason Dickman reported a single bid for window and exterior restoration at Memorial Hall, from Mid-Continental Restoration, at about $530,000 against a budget near $700,000; the commission accepted it, subject to Department of Commerce approval (video, 1:18:48).

Ordinance 3801, amending the city’s alcohol and cereal malt beverage code, was tabled to the second September meeting after commissioners said they received the extensive draft only the day before (video, 1:04:25). Van Hoecke also relayed that Bourbon County had entered a two-week burn ban (video, 3:48:10).

Salsbury closed with pointed remarks tying local homelessness to defunded mental health care and Medicaid decisions rather than a lack of city effort. Several commissioners commended Matkin for the decision to move the homeless to Second Street as a sensible solution.

The commission then recessed into executive session on a technology investment, citing the financial affairs and trade secrets exception at K.S.A. 75-4319(b)(4) (video, 3:49:19), returned with no action and adjourned.

Bourbon County Commission enacts two-week burn ban, clears disputed Aug. 17 minutes

The Bourbon County Commission on Monday enacted a two-week countywide burn ban, cleared the last of a disputed set of meeting minutes, and heard a revised budget that would shift roughly four mills off road and bridge using one-time FEMA reimbursement money — a move the county treasurer questioned from the floor.

Chairman Gregg Motley presided over the roughly two-hour, 20-minute meeting, which opened with a prayer by Allen and an amended agenda: public comment was added above department updates, a review of a resolution setting meeting rules was struck at Motley’s request because he had the wrong resolution in hand, and the appraiser item was separated out for executive session. Four commissioners took part: Motley (District 4), David Beerbower (District 2), Joe Allen (District 3) and Mika Milburn-Kee (District 5). Deputy County Clerk Michael Hoyt staffed the meeting.

Aug. 17 minutes approved, a week after being sent back

The commission approved the minutes of its Aug. 17 meeting without further change (video, 8:00). Those minutes had been tabled at the Aug. 24 meeting, when Milburn-Kee handed Hoyt a marked-up draft and said they needed “extensive revision.” Asked Monday whether she still had objections, she said simply: “Yes, the 17th is good.”

The Aug. 24 minutes were approved pending two corrections (video, 8:20). Milburn-Kee asked that her surname be spelled “Milburn-Kee” rather than “Milburn-Key,” and asked that a sentence be struck from the second page stating that a majority of draft meeting-minute corrections had been addressed — a line she said had been added and was not something the commission had said.

Public comment: resident challenges transfer-station wage and rate plan

Kevin “Skitch” Allen used public comment to criticize an extensive draft plan on transfer-station wages and dump rates, which he attributed to Beerbower (video, 9:55). He said past commissions had worked to bring accounts such as ADM’s beans to the transfer station to raise revenue and that the county is now “chasing off” those accounts.

Allen said the plan would take a CDL driver trash hauler from $17 an hour to $30 and argued that decisions like that would “shut the doors on a normal business.” He said out-of-town customers should pay at least 25% more rather than 12.5%, because they pay no property tax in the county — “raise theirs by $10 on each account and leave the locals alone” (video, 11:26).

Allen pointed out that a raise in transfer station rates will be passed on to everyone in Bourbon County by the businesses that use the station.

He closed by asking Beerbower directly whether he had gone on vacation with the employee in line for the raise (video, 13:44). Beerbower declined to answer the question at the meeting.

“I wouldn’t answer if I was you either,” responded Allen.

Treasurer: tax sale expected in November or December

Treasurer Jennifer Hawkins said the tax-sale attorneys have completed their first publication in the Tribune and must publish again in October, putting the sale in November or December, with no definitive date set (video, 14:34). Property owners can redeem up until the day of the sale; redemption requires paying all years of taxes plus a $575 fee covering attorney, title, publication and district court costs.

Publishing the delinquent-tax list cost the county $29,973 this year, $2,001 more than last year, Hawkins said — and state statute requires the same list run three times, so a name cannot be removed once the first list has printed. Residents can ask to be added to a call list at 620-223-3800, ext. 803, and be phoned before publication.

To cut costs, Hawkins said her office is moving to a different company to print tax statements. The statements will carry all the same information in a different layout, a change she said “will save quite a bit of money.” If the tax roll reaches her office by Nov. 1, statements should go out in mid-November (video, 17:38).

On the same theme, the commission approved her request to use the appraiser’s vehicle for a conference in Dodge City rather than claim $486.40 in mileage.

Hawkins addressed the twin vacancies in the appraiser’s and clerk’s offices directly, saying the appraiser’s office can still have its work done by Oct. 1 and that she is willing to help the clerk’s office however she can: “I’ve walked into the same situation of going into an office where everybody’s resigned, and it’s quite a daunting task.” She noted that County Clerk Susan Walker’s last day was Monday, that Walker’s bank-account authorizations would be cancelled, and that the Republican Party was set to nominate a successor Tuesday night — refunds in her office require both the clerk’s and treasurer’s stamps.

Hoyt reported he had been in contact with the Secretary of State’s office to obtain credentialing for the election system and that the clerk’s office had asset-tagged its equipment with written attestations (video, 21:12). The commission took the appraiser position up in executive session later in the meeting.

Two-week burn ban takes effect immediately

Allen brought the burn ban at the request of Chief Sean Wyatt of Fire District 3, telling the commission conditions are “very, very dry,” that crews are taking a high volume of calls, that 80 acres had burned near Moran that afternoon and that Allen County had already imposed a ban (video, 126:00). He said the city and the other fire chiefs were on board.

Allen initially moved a one-week ban; during discussion Motley suggested extending it — “Let’s do two weeks in case” — and the commission adopted a two-week ban effective immediately, subject to being lifted early if the weather changes (video, 129:20).

The ban covers open burning, burn barrels and fire pits; Milburn-Kee said the fire department’s rules still allow cooking on a barbecue grill. Allen said enforcement would not run through the sheriff’s office: a fire department responding to a violation would write a report and forward it to the county attorney.

Budget: four mills off road and bridge, and a treasurer’s objection

Financial consultant Matt Lawn of Baker Tilly presented a revised mill-levy split reflecting the county’s 2025 audited actuals (video, 22:30). The plan uses one-time FEMA reimbursement money to lower the road-and-bridge levy by roughly four mills and move that capacity into the general fund and employee benefits, closing a projected general-fund deficit and beginning to rebuild cash reserves. Lawn said he was deliberately budgeting conservatively and was not spending the FEMA money down in a single year.

Treasurer Jennifer Hawkins pushed back (video, 40:23). “The FEMA money that we’ve received is actually a reimbursement from what we’ve already spent,” she said, describing it as paying back what road and bridge laid out two years ago rather than new revenue. She noted that Fund 224, the Road and Bridge Special Improvement Fund, absorbed most of those disaster costs and also holds money committed to bridge grants, which require matching funds from the county. She agreed to pull ledger reports for the commission to see.

Beerbower said his intent for the FEMA money had been misread the week before: he wanted it “partially offset on public works” and to see the department itself benefit, pairing it with a salary study and equipment reserves the way he is proposing at the transfer station (video, 34:59). He put rough figures on it — about $200,000 to bring salaries to industry standard and another $200,000 for equipment reserves — and said the restructuring work covers “everybody” in public works, not just the transfer station.

Milburn-Kee warned that raises funded on the expectation of FEMA money would have to be carried by the mill levy in later years (video, 37:10). No budget vote was taken. Beerbower agreed with her and said that this is an opportunity to begin raising wages to industry standards.

Lawn told commissioners the budget hearing is “two weeks from tonight” — Sept. 14 — and that he expects the budget can be adopted that night (video, 28:21). He noted the county has until Oct. 1 to adopt, leaving little room after the hearing, and said a separate hearing may be needed for township and other budgets, which would have to be published this week.

S&P: rating held, and a plan to rebuild reserves

Motley reported on the county’s recent S&P review, saying he was “pleasantly surprised that we weren’t downgraded further because the initial discussions were rather ominous” (video, 46:48). He said the agency lowered the county’s bond rate but left its A rating in place: “We could have gone to A minus, B plus, negative, but they left our A rating where it is.”

“We’re an A negative now, and we were an A stable. That’s on the bond side. On the, essentially the leasing side, we went from A negative to A negative, negative,” explained Motley.

Pressed repeatedly by Milburn-Kee on what S&P actually wants, Motley said the agency has moved away from judging reserves as a percentage of expenses toward a fixed dollar target, noting the county’s general-fund reserves had fallen from about 63% of expenses in 2019 into the 20s (video, 54:24). He put his own view of a minimum at about $800,000.

Motley also pointed out that improving the county’s rating will not be a quick fix, and all the commission can do is make the changes they deem necessary, understanding that future commissions do not have to follow the plan.

Milburn-Kee pressed for the commission to put its own direction on paper: “I know that you say they understand our vision, but it would make me feel a little more comfortable if we wrote our vision down” (video, 50:18). Allen agreed a written four- or five-year goal would be worthwhile, and Beerbower moved to modify the motion so commissioners’ goals are written out and sent to the advisers.

The commission voted to have Ben Hart, with Lawn, draw up a long-term plan to rebuild cash reserves and an equipment reserve fund. Motley characterized it as “a plan to make a plan.”

Asbestos: broad inspection fails, narrow testing passes

Motley said he had spent about 45 minutes with an asbestos expert and recommended testing only the identified pipe insulation in the courthouse basement, using Act Environmental — a testing-only firm — on the reasoning that a company that also does remediation has an incentive to find more work (video, 58:06).

Milburn-Kee argued for inspecting and testing the whole courthouse, saying “asbestos is a concern, it’s a concern no matter where it’s at.” Her motion to bring the firm in for a full walkthrough and test whatever it deemed necessary failed. After extended debate, Allen’s motion to test the known basement material and have the rest of the building inspected at no additional cost resulted in a split vote 2/2 (video, 65:44).

ER sales tax: $336,741 collected in six months

Charles Gentry, appearing with Dr. Randy Nichols for the Emergency Room Sales Tax Monitoring Committee, reported that the quarter-cent special-purpose sales tax collected $336,741.49 from Jan. 1 through June 30 (video, 87:06). Of that, $280,602.05 was disbursed to Freeman Hospital, leaving $56,139.44 at June 30 — money that arrived on the last day of the month and was disbursed in July.

Gentry said the committee verified the disbursements against county clerk records and confirmed through Freeman’s own reports that the money is being spent operating the emergency department. The tax was adopted in May 2024, took effect Oct. 1, 2024 and runs five years unless voters extend or end it.

Asked by Milburn-Kee what happens to the money if Freeman leaves before the tax expires, Gentry said the trigger in the ballot language is termination of the tax, not the operator’s departure: on termination, any remaining balance may be used for emergency medical services or to reduce property taxes; until then the money keeps accruing.

Other business

Accounts payable of $135,585 was approved after two “Murphy Tractor Training” invoices totaling $7,849 were pulled pending confirmation they were for grader tires rather than training (video, 5:44). Motley used the moment to urge residents to pay their taxes, noting the cost of publishing the delinquent list.

The commission set a work session for 5 p.m. Wednesday, Sept. 9, on restructuring public works, the landfill and maintenance, and on transfer-station rates (video, 104:46). Landfill supervisor Diane Ballou cautioned against steep rate increases, saying the county is already priced well below competitors though she could see rates rising somewhat given fuel costs.

“I mean, we have to make money, but we don’t have to go crazy and run everybody off either,” Ballou said.

Motley asked her to bring rate recommendations to the work session, saying he favors charging out-of-county users more.

Because next Monday is Labor Day and it is a payroll week, commissioners said they will need a short meeting just before their Sept. 9 work session to approve accounts payable (video, 138:18).

Commissioners also approved an opioid grant program application with a separate tracking file, allocated $15,000 from the jail sales tax fund toward second- and third-floor renovations for court staff, authorized the chairman to sign a Verizon contract document, approved the treasurer’s use of the appraiser’s vehicle for a Dodge City conference, and went briefly into executive session on the appraiser position, taking no action afterward. Millie Lipscomb pitched herself as a local human-resources consultant; the commission opted to issue an RFP under Commissioner Allen’s direction.

Milburn-Kee updated the commission on preparing the old landfill parcel for sale, including water testing, a restrictive covenant tied to a KDHE consent order, and a legal description that may span three separate legals (video, 130:49). KDHE has up to 60 days to approve a sale.

Commissioner comments

Motley closed by warning the public about a rogue email address he said was used to hack the City of Fort Scott and shut down its IT systems for a period (video, 135:38). He said the county has blocked the address but it keeps reappearing, and that it was used to distribute a county employee’s payroll data, breaching that employee’s confidentiality.

The commission then adjourned.

Related coverage: History of the discussions on county commission minutes, Commission chooses 108 W. Second for court during elevator outage, Walk-in hunting at the old landfill is off; the sale now waits on environmental testing, Motley pushes to put contracts, bids and resolutions in the public agenda packet.

Bourbon County Commission chooses 108 W. Second for court during elevator outage, sets budget hearing notice at 56.669 mills

The Bourbon County Commission on Monday formally committed to moving district court operations to 108 W. Second St. while the courthouse elevator is replaced, authorized publication of a Sept. 14 budget hearing notice at a not-to-exceed rate of 56.669 mills, and voted to list the county’s old landfill parcel for sale pending groundwater testing.

All five commissioners attended the roughly 74-minute meeting, with Chairman Gregg Motley presiding.

Aug. 17 minutes tabled over attribution errors

The commission approved the Aug. 10 minutes after the full dialogue from County Clerk Susan Walker’s resignation announcement was added at Commissioner Samuel Tran’s request. The Aug. 17 minutes were tabled: Commissioner Mika Milburn-Kee handed a marked-up draft to interim clerk Michael Hoyt, saying it “needs extensive revision,” including corrections to who said what and to the vice-chairman vote (video, 5:00). Accounts payable of $304,072.99 was approved.

Court relocation: Beerbower named point person, floors to close Oct. 21

Much of the meeting dealt with the courthouse elevator project and the district court’s temporary quarters. On Motley’s motion, the commission named Commissioner David Beerbower the project’s point person (video, 15:55); Beerbower said he is preparing an RFP for local contractors on wall removal, and walked through a checklist covering courtroom technology, security cameras, signage, cleaning and furniture, with costs expected to come from jail sales tax funds. He will also bring a proposed budget for the move to the next meeting.

The commission then formally voted to use 108 W. Second to house the district court while the elevator is out of service (video, 19:18), to close the courthouse’s second and third floors to the public, staff access only, from Oct. 21 through Nov. 20 (video, 19:57), and to authorize a maintenance access card for the elevator repair crew (video, 20:37). Tran pressed on whether the court pays rent or holds an occupancy agreement for the space; the only agreement confirmed was an occupancy agreement with the sixth judicial district office.

Elections: $4,200 for ballot creation, early voting shortened

Interim clerk Michael Hoyt told the commission the county’s ballot must reach the Secretary of State by a Sept. 14 deadline (video, 21:29). He asked for authorization to spend about $4,200 with Clear Ballot for ballot creation; after budget consultant Matt Lawn confirmed the money is already in the election training line, Hoyt proceeded without a new appropriation (video, 24:32).

Hoyt also said early voting will be abbreviated to the Saturday through Monday before the November election, saying the county spent about $1,200 keeping a full week open last cycle for light use (video, 25:53). “I think if we condense it, have two Saturdays available, I think it’s a better use of our money,” he explained.

Public works: four miles of asphalt down, Yale Road next at $150,000 for one mile

Public Works Director Kenny Allen reported about four miles of asphalt completed this year on Maple Road, 215th/Osage and Hackberry, with crews prepping Yale Road to start Monday (video, 29:35). He estimated Yale at $150,000 or more for a mile of five-inch build: a three-inch base plus two-inch overlay (video, 40:07).

The commission authorized the chairman to sign a federal fund exchange request worth roughly $120,000 for hard-surface road work, with the state matching 90 cents and the federal program a dollar on the dollar (video, 35:23). Milburn-Kee pressed Allen for an asphalt pavement figure for this season, and asked that documents be emailed to commissioners in advance. His $231,265.62 hard-surface spending figure included all hard surface roads maintenance, mowing, and plowing. (video, 36:15).

Allen said mowing is limited to bus routes with only three bush hogs and one sidearm mower running. During public comment, Kyle Parks asked about unmowed Johnson grass along Highway 7 near Devon and on Range Road (video, 6:55).

Budget: hearing notice at 56.669 mills; FEMA offset floated

The commission authorized Matt Lawn with Baker Tilly to have the clerk’s office publish notice of the revenue neutral rate public hearing in the Saturday, Aug. 29 paper, for a hearing on Sept. 14 at a not-to-exceed 56.669 mills (video, 44:26). At Milburn-Kee’s request, Lawn walked through a scenario holding funds other than employee benefits to revenue neutral and shifting the difference to employee benefits or general fund reserves.

Milburn explained the reason for asking Lawn to do that exercise: “And a larger picture of that would be to keep everybody [county departments] exactly where they’re at, revenue neutral, but us take the assessed valuation increase of that two mill and put it in the reserves in the general fund is the overall picture that I had in my mind….I don’t have a problem increasing their budgets if they increase their own revenue outside of the mill, but I don’t want to give them the mill.”

Beerbower proposed using $605,000 in FEMA money held by Public Works to offset that department’s levy, which he said would allow the county to use that roughly 4.13 mills to increase the county’s cash reserves, improving the interest rates offered for big project bonds like the new radio system discussed in last week’s meeting (video, 56:51). Lawn will bring updated scenarios next Monday, as well as address about $36,000 in comprehensive plan startup costs and about $50,000 for tax foreclosure publishing.

Other business

The commission approved a cereal malt beverage application for a location at Soldier Road and 69 Highway. Hoyt noted that the deadline for cereal malt beverage applications is Sept. 15.

The commission voted to withdraw from the walk-in hunting contract on the old landfill parcel, noting the City of Fort Scott has opted out (video, 65:54), and then voted to list that parcel for sale contingent on groundwater testing and a restrictive covenant filed with the Register of Deeds (video, 68:30). A Verizon contract extension was pulled from the agenda after typos were found in the document.

Commissioner Comments

Commission Chairman Gregg Motley suggested that Bourbon County follow the pattern of other counties and cities and include all supporting documents as part of the meeting agenda in the future. He mentioned bids, contracts, resolutions, and the like. Motley said Stronghold, the county’s IT vendor, told him it has done more KORA fulfillments — records requests completed — for Bourbon County than for all the other government entities it works with combined, partly, he said, because those items aren’t available with the meeting agendas prior to meetings and must be requested for viewing after being submitted in the meetings.

Beerbower pointed out that it had been commission policy at one point to require supporting documentation for agenda items.

“It’s also fair to the public,” Motley said.

Related coverage: Agenda summary for the Aug. 24 meeting, County Clerk Susan Walker resigns, Walker files resignation letter with governor.