All posts by Amy Thorpe

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.

Commissioners remove Tran as chairman, elect Motley, Allen as vice-chair

FORT SCOTT — Bourbon County commissioners voted Monday night to remove Chairman Samuel Tran from the chair and elected Commissioner Gregg Motley to replace him, roughly two and a half hours after a resident stood at the public comment table and asked Tran to step down.

Commissioner Joe Allen was elected vice chairman. Motley was elected on a 3-2 vote, with Tran and Commissioner Mika Milburn-Kee dissenting; Allen was elected unanimously. With about seven minutes left before the commission’s 8:30 stop time, after certifying the election results, the board then voted to table the remainder of its agenda until the next meeting, two weeks out.

Tran, who has four months left in his term, declined an invitation to step aside voluntarily before the vote was taken.

A resident asks first

The request came first from the public. During public comment, resident Josh Jones told Tran he had watched the previous meeting and the past year of the commission’s work and did not think Tran was suited to the chair. (video, 0:15:36)

“You’re due here to keep the meetings orderly and peace, and so far, they’ve been out of control, and that directly relies on you,” Jones said. “I come here today asking you to step down from chair. I mean, I don’t know you, you seem like a good guy, but I just don’t think you’re the right man for this.”

Jones then named the commissioner he wanted to act if Tran refused. “I would ask for you to make the motion to replace Chairman Tran if he so chooses not to step down,” he said, addressing Allen as his district commissioner.

Allen did not make the motion. He seconded it when it was made later.

“I’m the lightning rod right now”

The question returned at the end of the meeting, under a new business item listed as “Vice Chair Resignation.” (video, 2:45:59)

Commissioner David Beerbower resigned as vice-chair, citing his platform of the need for change and the current attitude that the positions of chairman and vice chairman “have become confused with command and control rather than on of guidance and leadership. Leadership is not a title. Leadership is stewardship,” he read from his resignation statement.(video, 2:46:03)

“I respectfully call upon the chairman to consider following the same example and allow another commissioner an opportunity to lead. This is not criticism of service, but an affirmation of a principle: leadership renewal strengthens public institutions,” Beerbower read at the end of his statement.

Motley put it to Tran directly. “Mr. Chairman, would you consider stepping down and allowing us to vote on new leadership tonight?” he asked. (video, 2:51:00)

Tran declined. “No, not tonight,” he said. “I made a promise to some people. It wasn’t a position that I sought, but it was a position that was given. I understand that there’s a lot of turmoil that happened within this building. I think part of it is a growing pain. I think there’s a path forward now.”

In a longer answer, Tran acknowledged the criticism directed at him while defending how he had run the board.

“I’m the lightning rod right now, and I understand that, and I own that,” he said. (video, 2:51:35) “I have never, to my knowledge, I don’t ever remember dictating anything from this position. I’ve always tried to let you guys say what you want to say, do what you want to do. The quorum is the quorum. But when you have very passionate people sitting here and have very passionate views, they’re going to say what they want to say, and there’s nothing you can do about it.”

Tran said the same friction had occurred under previous chairmen and would occur under the next one. “And right now, I am the lightning rod. And one day, I won’t be the lightning rod. But I have four months left, and I intend to, barring anything from you guys, I intend to finish out my term and do the best that I can.”

Motley then moved that the commission vacate the chairman position and hold an election for chairman and vice chairman that evening, and that the deputy clerk run the election. (video, 2:53:03) Allen seconded. The motion carried 3-2, with Tran and Milburn-Kee voting against.

Acting County Clerk Michael Hoyt came to the table and ran the vote. (video, 2:54:04) Allen nominated Motley for chairman, seconded by Beerbower; Motley nominated Allen for vice chairman, also seconded by Beerbower. Motley was elected 3-2, Tran and Milburn-Kee dissenting. Allen was elected unanimously.

Tran closed with a brief statement. “I do appreciate the opportunity to be chairman. It’s been fun. It’s been real,” he said. “I wish everybody the best of luck in their current position. I have no hard feelings against anybody. It is the nature of this beast, and it is a beast. So best of luck, gentlemen.” (video, 2:55:26)

Tran pressed for the clerk’s full statement in the minutes

Earlier in the same meeting, Tran had objected to how the minutes of the previous meeting recorded County Clerk Susan Walker’s resignation — the statement in which Walker rebuked Tran directly.

Reviewing the draft minutes, Tran said he had no issue with the narrative but that the summary did not go far enough. (video, 0:05:31)

“I think it would be a disservice to the county if we did not include the whole verbage of that resignation statement,” he said. “That resignation statement needs to be in the minutes.”

Told that including it in full would roughly double the length, Tran said that was acceptable and explained his reasoning. “What happens in the future, the minutes tend to be the things that people pull and people reference,” he said. “Very few people go back through and look at the actual documents.” (video, 0:06:39)

The commission tabled approval of the minutes until a corrected version is produced. Tran also asked whether Walker’s resignation letter had yet been sent to the governor, saying the county was “in limbo” until the vacancy is formally recognized. (video, 2:32:40)

Walker announced her resignation, effective Aug. 31, at the commission’s Aug. 10 meeting, telling Tran that his behavior toward her had “crossed every reasonable line” and accusing him of open disrespect and sexist comments. Hoyt, her deputy, was named acting clerk and has been running the office since.

When Walker resigned, several of her staff also left the clerks office. Hoyt is running the office as deputy clerk with one other employee.

An attempted abstention, then an abstention

Early in the meeting, Milburn-Kee asked to set aside a $3,485.21 invoice from MSB Law, the firm conducting the county’s review of the donation agreement covering the former Mercy hospital property. She said the invoice covered an opinion letter she had not been able to obtain. (video, 0:07:56)

“I’ve been trying to track down the opinion letter, and I’ve not been able to get it,” she said. “So we paid $3,400 for it, and they won’t give you an opinion letter?” (video, 0:08:16)

Motley explained that the firm was only able to go through half of the data and thus could not submit a full analysis. When the commission voted to stop funding the effort, the firm stopped analyzing: “There is no opinion letter in that account… They got through about half of it, so you can’t give an opinion letter based on half review.”

Told the board intended to approve the payables regardless, Milburn-Kee said she would abstain. Tran ruled that she could not. “In order to abstain from the vote, you have to have a conflict of interest,” he said. “I’ll just vote no,” she replied. (video, 0:12:11) The accounts payable, totaling $129,800.18, were approved.

Roughly two and a half hours later — after Tran had been removed from the chair — Milburn-Kee abstained. Asked to approve Resolution 27-26 finalizing the results of the Aug. 4 primary election, canvassed shortly before the meeting began, she said she had not read it. “I’d like to look at it. So, I mean, you have enough to pass it. I’ll just abstain,” she said. (video, 2:56:28) The resolution passed. The commission adjourned moments later.

Budget, radios and EMS

Before the leadership vote, the commission worked through a long agenda, most of it budget-related.

Budget consultant Matt Lawn of Baker Tilly presented preliminary operating fund pages. Milburn-Kee asked him to evaluate holding every department at revenue neutral and splitting the roughly two mills of increased valuation between the general fund to increase cash reserves and the employee benefits fund, “sharing the burden of the increase.” (video, 0:42:47) Lawn said he is “in favor of looking at that.”

Milburn-Kee also flagged the landfill, which the county treats as self-supporting. “The landfill is a fee-funded operation. However, we’re not figuring in their benefits. So it’s not 100% fee-funded. The mill is carrying the benefits,” she said. (video, 0:44:27)

Commissioners heard a presentation on a countywide emergency radio system estimated at roughly $14.5 million in infrastructure plus about $6.3 million in long-term maintenance.

“It’s something that we need desperately because it’s mandated, number one, and number two, it’s officer safety,” said Sheriff Bill Martin.

The system would be shared with the City of Fort Scott: “I don’t expect the county to foot the whole bill. I expect participation from the city,” said Martin.

Tran pressed on how the county would guard against cost overruns once bids came back. Milburn-Kee questioned the financing against the equipment’s lifespan: “It’d be silly to get a 30-year bond if the life of the materials is only 17 years.” (video, 1:58:41)

EMS Directory Teri Hulsey talked with the commission about the financial information she had gathered from the EMS department’s billing company, Omni. Currently, the EMS department is nearly $60,000 ahead in receipts compared to where they were last year.

The commission approved an EMS hire after discussion of an overtime-heavy schedule, with Milburn-Kee confirming the position was covered in the benefits budget. Commissioners also discussed election administration costs, including ballots that must be approved by the Secretary of State before the November election, and deferred a decision on the county’s human resources contract until the first meeting after Labor Day.

Old business items, including allocation of space, were tabled.

County Clerk Susan Walker resigns, rebukes chairman and warns on payroll and county finances

FORT SCOTT — Bourbon County Clerk Susan Walker announced her resignation at Monday night’s county commission meeting, closing 24 years of public service with a statement that moved from a routine election recap into a direct, sustained rebuke of the commission chairman.

Walker said her last day will be Aug. 31. She told commissioners the decision was made about a month ago, when she accepted another job, and that she and her staff stayed on to see the primary election through. Her staff will transfer out of the clerk’s office to another elected official’s office at the end of this week, she said, and Deputy Clerk Michael Hoyt will run the office until the Republican Party appoints a replacement. Hoyt served as clerk for the remainder of Monday’s meeting.

“For 24 years, I’ve had the honor and the burden of serving this community,” Walker said. “Today, I’m before you with a heavy heart but a clear conscience to announce that I will be stepping down from my position as county clerk effective 8-31.” (video, 1:03:53)

A direct address to the chairman

The sharpest portion of Walker’s statement was aimed at Chairman Samuel Tran, whom she addressed directly. (video, 1:07:35)

“Chairman, I’m addressing you directly because your behavior toward me has crossed every reasonable line,” she said. “You ignore me, you speak to me with open disrespect, and you make sexist comments that demean my position and my work. On top of that, you make underhanded public statements designed to make people think I’m doing something criminal when I am not.”

Walker said she had left her office “in order, in balance with the treasurer,” and said it was unfortunate she had to say so at all “because of the attempts for past and current elected officials to try to set me up for a crime, one I did not commit.” She characterized the situation as reflecting “incompetent leadership and a misunderstanding of how processes work.”

She also said that “two of you on this commission wanted to break me and ruin my reputation,” adding: “My response is, thank you for freeing me.”

Walker said the political climate of recent years had taken a toll on her and her staff, and that no public office “is worth the destruction of one’s peace and well-being.”

A warning about payroll and the county’s finances

Immediately before announcing her resignation, Walker delivered a detailed warning about county payroll. (video, 1:02:16)

Over the past eight months, she said, “each payroll cycle has produced issues that the treasurer and I have reported to the full commission. Yet the concerns have been consistently overlooked.” Reconciling items continue to accumulate, she said, and she would forward the details to each commissioner, to Baker Tilly and to the county’s auditor.

Without timely reconciliation and monthly benefit billings, Walker said, “many employees may either fail to receive funds in their HSA accounts or may need refunds for incorrect deductions.” She called the KPERS variances “extremely concerning,” warning that inaccurate wage reporting “can affect employees’ retirement records and contributions, creating long-term consequences.”

She recommended Baker Tilly handle all general-ledger interest entries for payroll going forward.

Walker, who said she was hired in 2021 to address financial deficiencies that had led to repeated failed audits, said county audits had been clean since 2022, but that a violation occurred in 2025 when the commission failed to pass an amended budget. Speaking, she said, as a citizen, she warned that “the future of Bourbon County rests in the hands of the current commission. If better fiscal decisions are not made, if discipline and foresight are not applied, the county will face serious trouble in the near future.”

Election recap and reported incidents

Before the resignation, Walker gave an extended account of the Aug. 4 primary. Every poll worker completed two hours of training, she said — more than in the past — and the county produced new role-specific guides because its training materials had not been updated in more than a decade.

She said she had requested the county to purchase updated poll pads capable of printing a check-in receipt showing the correct ballot style, party and precinct. The county currently relies on color-coded paper slips that a worker must match by hand, a process complicated this year by 90 different ballot styles in the primary. The general election will have about 30.

This is the first year that incident reports have been instituted at the election office. Four incident reports were filed by supervising judges, Walker said:

  • One during early voting, resolved on site.
  • Two at Community Christian Church, where voters were mistakenly issued ballots from a precinct other than their own.
  • One in the Uniontown precinct, where the number of voters checked in did not match the number of ballots cast. Walker attributed that to poll pad problems and said a voter likely cast a ballot without receiving voter credit — “there is no way for us to go back and audit that.” She encouraged anyone who voted in Uniontown to check their voter history.

Voters issued the wrong ballot can request a replacement and spoil the first, Walker noted, but only before casting it. She said the incidents amounted to 99.999 percent accuracy against ballots cast, and thanked poll workers — many elderly or retired, working 6 a.m. to 9 p.m. for less than $200 — “for their continued service in the process, and hope they continue to volunteer despite the ridicule this year.”

S&P reviewing the county’s credit rating

Commissioner Gregg Motley reported on a conference call with S&P reviewing Bourbon County’s credit rating, saying low reserves, lack of a long-term plan, and the county’s recent non-clean audit triggered the review and that a downgrade is possible.

Commissioner Samuel Tran agreed that the county needs a plan for equipment maintenance and replacement. “We are so reactionary that it’s troubling,” he said of the way the county has handled the need to repair and replace items.

Commission recalls $179,000 backhoe purchase

Commissioners voted 4-1 — Commissioner David Beerbower dissenting — to recall a previously approved purchase of a new $179,000 Caterpillar backhoe for the transfer station and to direct Public Works to seek certified used alternatives. A separate motion by Beerbower to have the chairman sign the purchase contract died for lack of a second. (video, 2:04:53)

Chairman Tran reopened a purchase the board had already approved. “My question is real simple,” he said. “Why do we need to buy another backhoe and why does it have to be $179,000?”

Beerbower defended it: “One’s a loaner, and the other one has been worn down, and we’re going to just continue to pay nickel and dime on maintenance on it.” He then read the statement supporting the commission’s original motion to purchase a new backhoe.

Tran said he had spent ten minutes looking at Caterpillar’s own certified pre-owned listings online. “There are certified Caterpillar backhoes, … same size and everything,” he said. “They’re way under $179,000 with only like 200 hours, 400 hours. Why can’t we do something like that?” Later, as the debate wore on, he added: “While we’re sitting here talking, Fargo, North Dakota, $125,000, 242 hours.” He also asked how many local farmers or ranchers would buy new at the $179,000 price rather than “something used that’s good.”

Beerbower’s objection was procedural. “Point of order. We have already voted for this piece of equipment,” he said. “We had an opportunity that night that they presented two purchases of backhoe, used one on a new one. We voted. And there was plenty of opportunity then to say, well, hey, I would like to table it for a week.” He returned to it later: “We’re in the third week of purchasing the piece of equipment that we approved two weeks ago.”

Diane Ballou, who operates the equipment at the transfer station, told commissioners the dispute had outrun what she asked for. “All I was asking for was something to do my job with,” she said. “As far as being brand new, I don’t care what I have as long as I have something to work with that doesn’t break down every other day or that I have to sweat to death all day because I don’t have an air conditioner.”

Tran said the price, not the need, was the problem. “It looked great when it sat at the table and we talked about it, but when you start digging through the onion layers, I’m like, dude, we are spending 179 grand and it only works in one place,” he said. “At the very beginning, hey, here’s a shiny new object. Let’s go buy it. Oh, everybody, including me, we’re on board. … So sometimes the shiny things do distract us.”

Commissioner Joe Allen, who voted for the original purchase, said he had deferred to staff: “I was one that voted yes for it for $179,000 backhoe with limited knowledge of what they do because I trust them. That’s their job. That’s what we’ve hired them for.”

Beerbower pressed on what would replace it, and how. “So we’re recalling it to be able to have them seek another one, but we don’t know how we’re going to pay for it,” he said. Commissioner Gregg Motley, who said he voted against the purchase the first time, put it against the county’s finances. The original purchase agreement would have accrued interest through the first year’s deferred payment period. “I think we need to get them the equipment they need, but we need to do it in a more cost-effective way and in a way that we’re not paying a year’s worth of interest in order to carry it into the next budget year” — adding, “we don’t have reserves.”

A fight over who supervises courthouse maintenance

Beerbower asked the board to establish a position for a courthouse maintenance supervisor who reports directly to the commission, moving oversight away from the commission’s part-time executive assistant. The purpose, he said, was to “create a clear supervisory structure for the courthouse maintenance operation” and “provide direct accountability to the Board of County Commissioners.” (video, 2:50:40)

Allen’s first concern was the people already doing the work. “You already have two employees in that position, right? One and a half,” he said. “You’re opening this up to everybody in the county. Say somebody comes in, what do you do with your half or your one?” He pressed the point: “What do I do with that employee that’s been here, that’s been hired? I mean, I’m not going to throw him to the wind.”

Tran said the idea had merit but was premature. “I think it’s an idea that needs to be broached. I totally understand that,” he said. “I think we’re a little bit early. I think we need to take a look at the budget, make sure the budget’s finalized so we have the money.”

The exchange turned on how the present arrangement was decided in the first place. Beerbower said he did not recall the board approving it: “I don’t remember ever approving or ever hearing of that position getting the supervisor until it was already done.” He said the job description surfaced only afterward — “I’ve never seen that job description until after it was questioned, and then all of a sudden the job description shows up.”

Tran said it was settled during hiring, on the HR consultant’s advice: “I remember talking about it, and Dr. Cohen recommended that our executive assistant be the supervisor.” Commissioner Mika Milburn Kee said a record exists: “It’s been forwarded to you and the lawyer. … I went back and found it when all this started, the email.” Beerbower was unsatisfied — “So right now it’s just hearsay” — and asked her to produce it: “Show me. I’m being transparent here. If it’s in there and I did that, then by all means.”

Tran moved twice to control the room, at one point saying he would “gavel this time around because I see where this is going,” adding, “We’re going to have one person speak at a time.” Later: “You guys voted me to be chair. I need to be the chair.”

Beerbower eventually set the history aside. “For sake of argument, I’ll agree 100% right now that that’s what happened,” he said. “What I’m saying is that I now see that it was wrong. I now see that that position can’t manage that position and that the turmoil and stuff that is being faced daily in this courthouse, that we’re in need of a change.”

Tran pushed on pay, saying the duties as written described a job worth far more than an entry-level wage. Beerbower said his proposal addressed it: the hire would start at entry-level pay, then move to supervisor-level pay after a 90-day introductory period. Tran was unconvinced: “You’re asking this person to come in and run the building, David.”

Tran also raised nepotism, asking whether the candidate could “be related or tied to a sitting commissioner” and saying “there are people who are related that tried to get into the courthouse. … Nepotism is a thing in this county.” Beerbower responded: “We’re going to cut out the commissioners to be in charge of courthouse maintenance supervisor because we’re afraid that they might be related to somebody. That’s what you just said.”

Beerbower pulled the motion back — “I’m going to pull it back this week, and I’ll resubmit it” — while rejecting the argument for waiting: “But to say that we’re going to wait until after budget season, that’s what we said last year. We said last year we’re going to … after budget season … we’re going to do all these great things to … try to move Bourbon County forward and to put things in perspective and we haven’t done a thing.”

Tran pushed back saying that Beerbower was blaming himself and the rest of the commission for not doing their jobs and it would be advisable to take into account “all the drama” they’ve had to go through this year.

Also at the meeting

Sheriff Bill Martin asked to use jail inmate housing revenue to buy 12 replacement computers needed for KCJIS Windows 10/11 compliance by October, with quotes of roughly $14,465 from Stronghold and $14,544 from Advantage of Iola. Commissioners approved 5-0, leaving the vendor choice to the sheriff.

The Sheriff also suggested that the commission get an update from Stronghold on the project they’ve been doing for the county and determine where to obtain IT services going forward. Beerbower and Tran both said it had been some time since they received an update from Stronghold.

Commissioners heard opposition to a proposal to enroll county-owned land next to Oak Grove Cemetery — the old landfill site — in the state’s walk-in hunting program. Cemetery caretaker Phillip Pavey objected in person and the adjacent Cronemeyer family objected by letter, both citing existing trespassing problems. Justin Herbert of Kansas Wildlife and Parks described the one-year agreement, expected low usage, and signage plans.

Beerbower and Herbert both mentioned that when a parcel of land is enrolled in walk-in hunting, illegal usage drops off because the hunters that follow the rules are often quick to report those that break them. They want to be able to keep using the land for hunting without the disruptions of poachers.

“I would ask that we keep an open mind, we try it for a year, and Wildlife and Parks will do whatever we can to mitigate any concerns that come up to the best of our ability. And, I mean, I just ask that we give it a try and keep an open mind and go from there,” said Herbert.

He also mentioned that there should be new game wardens in the county this fall.

Commissioner Mika Milburn Kee raised long-overdue KDHE groundwater testing obligations at the closed landfill and won a motion authorizing her to draft a proposal directing Public Works to conduct the testing with KDHE present and to update deed covenants and restrictions.

EMS Director Hulsey presented ambulance rate comparisons with Allen, Anderson, Crawford and Neosho counties. Tran asked for a Medicare-versus-private-insurance breakdown, collection rates from Omni, and transfer and staffing-hour data.

Matt Lawn of Baker Tilly, the outside firm advising the county on its 2027 budget, reviewed the remaining budget timeline, adding a work session for Wednesday, Aug. 19 at 5:30 p.m., in addition to the regular August Monday meetings, with a public hearing expected Sept. 14, to be publicized by Sept. 4.

A work session was set for Wednesday, Aug. 12 at 5:30 p.m. with court personnel to discuss temporarily relocating court operations during the courthouse elevator modernization.

The county commission also received the current appraiser’s resignation. They discussed how to fill the position, including sharing appraisers with other counties. Milburn-Kee agreed to reach out and collect the needed information.

A 12-month extension of Dr. Cohen’s HR services contract, at $4,300 a month or about $51,600 a year, was tabled until next week after commissioners asked to review the document.

The commission approved accounts payable of $323,572.46 and, earlier in the meeting, entered a 15-minute executive session under KSA 75-4319(b)(1) on a non-elected personnel matter, returning without action.

Radio upgrade dominates sheriff’s budget review; election workers ask for more space and time

The Bourbon County Commission spent most of its Monday, Aug. 3 meeting on the sheriff’s and corrections budget for 2027 — a review dominated by a looming radio-system upgrade with a price tag of about $3.2 million — and heard election workers ask for more room and more time ahead of the primary. Chairman Samuel Tran presided; Commissioner Mika Milburn-Kee was absent.

Sheriff’s budget review flags $3.2 million radio project

Budget consultant Matt Lawn walked the board through the sheriff’s and corrections budgets with Sheriff Bill Martin present, describing a roughly 2% increase in wages and contractual costs and a larger bump in commodities driven by about $14,000 in computer replacements through Stronghold.

The larger issue was the five-site P25 simulcast radio upgrade — about $3.2 million for the total system infrastructure including the City of Fort Scott and rural fire departments, with a county share of roughly $496,000. Lawn told the board a project with a 15-to-20-year service life is a capital item that should not be absorbed into the annual operating budget. Sheriff Martin said the feasibility findings from TUSA are due Aug. 17, to be followed by a request-for-proposals phase and a proposed third-phase service-contract requirement, “That system from day one should be operating as it was 15 years from now, should be operating the same way as it was the first day that it was installed.”

Martin also stressed what is at stake for deputies and for fire and EMS communications in getting a new radio communication system: “It’s public safety, and I want to make sure that my men and women, both local and county, go home to their families.”

Tran asked Lawn to prepare a sales-tax analysis, including compensating use tax, once the budget work wraps up. Commissioner Gregg Motley and Lawn both cautioned against leaning on sales tax rather than an industrial-revenue-bond or bond package. Lawn asked for one more short work session next week to tie up loose ends in the budget-making process.

Election workers ask for space and time

In public comment, Michael Hoyt, Debbie Schoenberger and Diane Keating each pressed the county for more space and more time for election-day operations, reporting more than 800 early voters and more than 90 ballot styles for the primary. Keating said the crunch of both time and space had her missing her granddaughter’s sheep show at the Linn County Fair.

EMS rates and collections

EMS Director Teri Hulsey presented three years of call-volume statistics and confirmed the current billing structure: a $650 base rate plus $19 per loaded mile. Tran asked her to find out what neighboring counties charge and whether raising the base rate — which insurance companies generally pay without dispute — would close the department’s collections shortfall. Hulsey agreed to come back with numbers.

Courts locked out of their own cameras

Tran said the board’s earlier vote to have Stronghold clean up the courthouse camera system had inadvertently kicked the courts off it, leaving court staff unable to view their own security cameras. The board voted unanimously to restore the courts’ access, working through Stronghold.

Backhoe purchase reopened

The landfill backhoe purchase approved July 27 — a CAT 420 at about $173,675 — was reopened after Tran proposed a two-machine alternative, a Takeuchi TL-12 skid steer plus a TB-260 mini-excavator, which he said could save roughly $38,777 and add tracked mobility. Landfill equipment operator Diane Ballou pushed back, saying a standard skid steer cannot reach over the transfer-station wall and that she cannot afford to be down to a single machine if one breaks. Skitch Allen shared his experience with the machines, and Tran said he would get lease and demo pricing from Kirby Smith of Kansas City by next week.

“I’m not going to direct them on how to do and what to do,” said Tran of his proposal. “I’m just offering an alternative to the process. That’s all I’m doing.”

Other business

Policies and procedures. Commissioner David Beerbower presented a draft county policies-and-procedures manual — prepared with AI assistance and marked “draft” — emphasizing that individual commissioners may not direct department heads, tour facilities unilaterally, or speak for the board without a vote. The board agreed to schedule a work session on it.

Space allocation. Requests involving the old dispatch room (county clerk for election equipment vs. sheriff’s evidence room) and the Register of Deeds’ request for Room 12 — complicated by an unsecured primary server rack in that room — were tabled for two weeks, along with Beerbower’s proposal to seek a grant writer to fund an architectural study of the annex and the courthouse first floor to maximize the space. Motley will informally contact Redfield, a grant-writing firm first.

S&P rating surveillance. Ben Hart briefed the board on a Standard & Poor’s rating-surveillance letter and will sit in on the analyst call scheduled for Tuesday afternoon. The purpose of the call is to answer questions regarding the county’s financial health, which affects the interest rate available for bonds the county may enter in to. “Any kind of movement within your credit rating, just like at home… if it goes up, your costs go down. If the credit rating goes down, your costs go up,” said Hart. He pointed out several things that the county is doing that should reflect well on its credit rating with S&P. He recommended the county adopt a fund-balance policy after budget season.

Landfill items. The KDWP walk-in hunting contract for the old landfill parcel moved toward signature, with Beerbower still researching options. Separately, a KDHE email surfaced flagging that the county has never filed a required restrictive covenant on the closed landfill, with a Sept. 30 deadline; the county attorney will take it up when he returns Aug. 17.

Elevator and backup court space. The courthouse elevator is running again after the OEM part arrived, but a longer outage is expected in October during construction. Beerbower and court staff will tour the federal courtroom at the post office building Thursday morning as possible backup court space.

Beerbower also proposed considering turning the county-owned building at 108 W. 2nd into commission space that could also function as a courtroom. The property has “very little economic value,” said Motley, and thus could be better used by the county as needed meeting, court, and office space.

Asbestos. Responding to a constituent concern about asbestos in the courthouse, the board voted to assign Motley to investigate the county’s EPA responsibilities and develop a plan.

Commission declines to pursue hospital donation agreement

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

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

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

$2 million pledged, $200,000 documented

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

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

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

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

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

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

The 10 beds and a $1.44 million hole

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

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

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

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

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

The motion fails

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

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

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

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

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

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

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

Courthouse elevator failure threatens jury trials

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

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

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

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

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

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

Old landfill enrolled in walk-in hunting program

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

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

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

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

Other business

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

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

Obituary of Lyle Lee Adcock

Lyle Lee Adcock was born September 30, 1948, in Ottawa, Kansas, and went to his heavenly home on July 23, 2026, following a battle with pneumonia.  He was the son of William H. Adcock, Sr. and Etta Wynona Green Adcock Stewart.  Lyle graduated from Ottawa High School in 1966 and attended classes at Washburn University.  Lyle and Marilyn were married in Ottawa on August 18, 1968, in a ceremony performed by her father, Rev. R. B. Shoemaker.  They welcomed their son Jerrel on December 22, 1975.  Lyle served in the Marine Corp Reserves in Topeka, Kansas for six years where his duties included writing timely articles for various publications, carrying a radio, and serving as general communications director for his unit.  He began his successful career in the financial services industry at Commerial Credit in Topeka.  After he served in community banks in Kansas and Missouri for twenty-two years, Lyle and Marilyn were given the opportunity to purchase the Bank of Plato in Plato, Missouri.  There they worked side by side for fifteen years before retirement.  After moving to Fort Scott in 2007, Lyle worked in the insurance industry and enjoyed teaching continuing education classes for A D Banker.  Wherever he lived, Lyle was always active in his community and had an impact on community betterment.  Lyle was a musician of sorts with a good sense of rhythm.  He often delighted audiences by accompanying Marilyn using spoons, washboard, jawbone or other traditional instruments.  Lyle was a faithful member of the Cherry Grove Baptist Church where he served in a number of leadership positions including Deacon, Trustee, Moderator and Sunday School Teacher.  He was active in the American Baptist Men organization and held leadership positions at the local, regional and national level.

Lyle is survived by his wife Marilyn, son Jerrel (Gina), brother Roger (Treva) Adcock, sisters Jane Harper, Esther Hopkins (Rodney), brother-in-law, Alan Schwartz, sister-in-law, Karen Adcock, and a host of nieces and nephews including special nieces Jessie (Matt), Sammy, Josie, Mattie and Charlie Jane.  He was preceded in death by his parents, and brothers Bill, Tom, Jim, and Raymond, sister, Anna Schwartz and sister-in-law, Roberta Adcock.

Lyle enjoyed a long life of service to family, friends, church, community and customers.

Funeral services will be held at 10:00 A.M. Wednesday, July 29th at the Cherry Grove Baptist Church south of Ft. Scott.  Burial will follow in the Clarksburg Cemetery.  The family will receive friends on Wednesday from 9:30 A.M. until service time at the church.  Memorials are suggested to the Cherry Grove Baptist Church or Care to Share and may be left in care of the Cheney Witt Chapel 201 S. Main, P.O. Box 347, Ft. Scott, KS 66701.  Words of remembrance may be submitted to the online guestbook at cheneywitt.com.

Bourbon County Commission Caps 2027 Budget at Flat 56.669 Mills; Zoning Plan Tabled

The Bourbon County Commission voted Monday, July 20, to cap its 2027 budget at a mill levy of 56.669 — the same rate as the current year — rejecting its auditor’s recommendation to leave a slightly higher ceiling in place. Because the flat rate still raises more revenue than last year, the commission is required to hold a public hearing before it can adopt the budget. That hearing is set for Sept. 14, 2026.

The decision followed the July 13 meeting, at which commissioners tabled the property-tax-rate decision to July 20.

The mill-levy vote

Matt Lawn of Baker Tilly, the county’s budget consultant, recommended adopting a cap of 57.705 mills. He told commissioners the higher ceiling would preserve flexibility over where to find the roughly 1.027 additional mills needed to cover an EMS shortfall — a deficit he attributed to declining collections and pegged at about $50,000 — and rising elections costs, without committing the county to actually levy at that rate.

Lawn said he did not anticipate needing that mill levy for the final budget, but by allowing it, the commission would give him the flexibility to move funding around to cover the projected shortfalls. “I would like to retain some options as to where to take them from. I don’t anticipate you adopting more than 56.665 mils,” he said.

Commissioner Mika Milburn-Kee instead moved to adopt a flat cap of 56.669 mills which was Baker Tilly’s recommendation last week and matches last year’s rate. Commissioner Joe Allen seconded, and the motion passed. Commissioner Gregg Motley voted no, arguing the commission should trust the expert it hired to set the ceiling rather than lock in a number before the budget was finalized. Commissioner David Beerbower also voted no, wanting to defer the expert’s opinion as well.

“We’re not approving any mill levy. We are approving a notice to submit to the county clerk that caps each individual fund, the amount of mills going into each individual fund. But I need some kind of direction on that,” explained Lawn.

“It’s looked at by funds, not looked at by overall,” agreed Clerk Susan Walker, confirming his explanation.

The vote forced Lawn to reallocate within the flat cap. He shifted the additional elections and EMS mills out of the General Fund, reducing that fund from 13.004 to 12.120 mills and setting the Elections levy at 1.036 mills. Commissioners then authorized Chairman Samuel Tran to sign the notice to the county clerk to exceed the revenue-neutral rate at 56.669 mills, with the 2027 proposed revenue of $8,147,031.

Because the flat 56.669-mill rate raises more money than the revenue-neutral rate of 54.664 mills — about $309,000 more, or roughly $22 per resident, since assessed valuation in the county grew about 3.7 percent — state law requires the county to notify the clerk and hold the September 14 hearing before it can adopt the budget.

“This is not my money. This is not our money. This is the people’s money,” Tran said during the budget discussion, noting that adding staffing options requested by county offices could push the levy up by close to a full mill. “We’re going to have to make some hard calls again.”

Department budget requests

Several officeholders walked the commission through their 2027 requests:

  • Elections. County Clerk Susan Walker presented a flat clerk’s budget but a significantly larger elections budget, including $11,500 for new poll pads after the 10-year-old units failed on the morning of election day, new voting booths to replace existing ones she described as having mold and sharp aluminum edges, $3,500 for onsite ballot shredding, and a three-quarter-time employee at $16 an hour. She also said the state’s “Elvis” software for voter registration cost will quadruple in 2027.
  • Treasurer. Treasurer Jennifer Hawkins presented two options: Option 1, wage increases to bring her staff in line with other courthouse clerical pay; and Option 2, which adds a position to bring commercial motor vehicle registrations back in-house. Residents currently must drive to Garnett or Girard for that service. Hawkins noted she was not requesting any increase to her own salary.
  • Conservation District. Jarred Pollock, joined by Ronnie Brown, presented a $40,000 funding request, noting that state and federal funding for the district is given in proportion to local funding by the county. He also described the district’s role in soil health, water quality, and its partnerships that draw state and federal matching dollars back to local landowners.
  • Register of Deeds. Presented by Walker, the office sought a modest increase of about $6,300.
  • EMS. EMS Director Teri Hulsey asked about hiring an additional paramedic to reduce overtime worked by current employees. Commissioners deferred the request pending the full budget picture.

Other business

Commissioners also:

  • Authorized Tran to sign a $3,199 Otis service call, paid from the general government fund, to restore the courthouse elevator. Tran reported that Kone had terminated its elevator contract after Otis performed intervening work, and noted the courts need the elevator for a full docket running through September.
  • Voted 3-2 to table the $116,500 comprehensive-plan and zoning agreement with the consulting firm Confluence — reduced from an initial $152,000 estimate and first reviewed at the county’s June 29 meeting — citing a lack of budget funds. Commissioner David Beerbower, who read a statement describing growing interest from data centers, renewable-energy developers and large-scale battery storage in rural county land, moved to table the agreement until it can be budgeted. Beerbower, Motley and Allen voted in favor; Tran and Milburn-Kee opposed. Chairman Tran, who wanted to keep the option alive, warned the firm’s offer would likely expire.
  • Authorized Tran to sign a letter requesting the appointment of Lou Howard to the Homeland Security Council.
  • Approved a $2,000 payment to MSB Law from the general government fund.
  • Approved accounts payable, including a $1,600 reimbursement for an aluminum flatbed for Road & Bridge truck #141.
  • Held a 30-minute executive session to discuss employee health data.

Public comment

During public comment, Tim Emerson of Emerson and Company thanked the commission and invited feedback. Kevin “Skitch” Allen urged the commission to hold spending down and to “live within our means,” and publicly pressed Commissioner Beerbower over unreturned phone calls. Michael Hoyt argued a forensic audit is unnecessary given the county’s clean Baker Tilly audits and walked through the new Kansas HB 2622, which subjects certain lease-purchase agreements over $100,000 to protest petitions, warning of the cost of any resulting special elections. Pete Owenby urged commissioners to hold the line on taxes.

Looking ahead

Tran reminded residents of a town hall on Wednesday, July 22, at 5:30 p.m. at the Ellis Fine Arts building. Commissioners also flagged future agenda items, including courthouse space proposals from each department at the first meeting in August, and a discussion with Kansas Wildlife and Parks regarding the old landfill property.

The 2027 budget public hearing is scheduled for Sept. 14, 2026.

 

Bourbon County Commission Tables Property-Tax-Rate Decision to July 20 — July 13, 2026

The Bourbon County Commission met July 13, 2026, with Chair Samuel Tran presiding and Commissioners Mika Milburn-Kee, Gregg Motley present, and Joe Allen arriving late. Commissioner David Beerbower was absent.

Property-tax rate decision tabled to July 20

The centerpiece was Baker Tilly’s budget forecast for the general fund and Revenue Neutral Rate (RNR) presentation. Lawn reviewed a 2026 general fund estimated to end near $594,000 and a preliminary 2027 deficit of about $201,000 if general-fund property-tax revenue stays near the cap. He laid out three options: hold the mill levy flat at last year’s 56.669 mills (about $8.15 million, roughly a $22-per-person increase), cut 15 percent (about $718,000 less, roughly a $50-per-person rebate), or adopt the true revenue-neutral rate, keeping the dollar amount of taxation the same as last year at $7,858,000, or 54.664 mills, a two mill reduction accounting for the 3.7% growth in the county. This option will reduce the county’s income by about $300,000 from the current mill rate of 56.669.

Lawn recommended the commission notify the county clerk that it reserves the right to exceed the revenue-neutral rate, capping at 56.669 mills. “I would not want to see you go lower than that.,” he said.

Milburn-Kee strongly opposed exceeding the RNR, arguing a flat rate would work. “We have proved time and time again, if we levy it, we’ll spend it. So if everybody wants an excuse to raise it and levy it, then consider it spent,” she said.

Tran cited concerns about unforeseen legal and litigation costs and a pending employee-benefits presentation; Allen pointed to aging Public Works equipment, ambulance needs, and employee raises after three years without one. The commission reached consensus to table the rate decision to its July 20 meeting, when Beerbower returns and Lawn brings a full employee-benefits fund budget.

“I don’t believe the revenue neutral rate should ever be a consideration for a county unless that county is growing considerably and there is a positive, non-strained economy,” Lawn stated to the commissioners. “Lowering it that much would severely hurt your ability to operate, I believe.”

Minutes and accounts payable

Minutes from June 29 were approved. Minutes from July 6 were tabled and later approved 2–1, with Milburn-Kee voting no because she had not yet read them. The commission addressed accounts payable of $543,225.90; Motley questioned a “desert snow training” line item in the Sheriff’s Department budget. A representative from the Sheriff’s office said it refers to narcotics training.

Treasurer’s report

Treasurer Jennifer Hawkins reminded residents that July 31 is the last day to pay property taxes before delinquent names are published (with a publication fee), and pointed to missingmoney.ks.gov for unclaimed property. She also publicly disputed a comment Milburn-Kee made the prior week that the treasurer had not returned a call about postage, saying the call came two hours before that meeting with no voicemail, text, or email. Milburn-Kee did not stay in the room to hear Hawkins dispute, but walked in and out several times during her report.

Other business

The commission pushed the Jarred Gilmore Phillips auditor engagement to July 20 to allow Milburn-Kee to obtain a competing bid from Barney and Associates.

Motley pointed out that switching auditors increases the cost to the county because of setting up the paperwork.

Allen spoke with a representative from GovDeals who pointed out the items that would sell and the items that will not sell and should be trashed or scrapped. The commission agreed that Allen should created the recommended lots and list the items for sale with deals.gov.

Milburn-Kee addressed the question of what the opioid fund can be used for. She suggested the county create an application process for awarding grants from the fund. Motley mentioned the 16-page list of permitted uses for the fund that the Kansas Attorney General’s office provided.

For the prior week’s budget discussion, see Bourbon County Commission — July 6, 2026.

Commissioner Comments

Milburn-Kee encouraged the commissioners to use their resources, particularly with regard to gravel roads in the county, which she claims are getting thinner. She referred to a road engineer provided for no charge by KAC who has had some meeting with the public works director in her district.

Allen asked about the HR study on salary surveys. They are expected to be done in the coming year, said Tran. Allen also encouraged visiting the county fair this week.

Tran talked about how crazy the budget season is for the commission. He said he is happy with the mill levy at its current level, but has concern about the funding the future. He said the commissioners have a fiduciary responsibility, and owe the citizens of the county an explanation for their decisions regarding taxes.

 

Bourbon County Commission Backs Comprehensive Plan, Delays Signing Over Funding — June 29, 2026

The Bourbon County Commission met Monday, June 29, 2026, with a Public Works budget work session scheduled to follow. With out-of-town guests waiting and the work session ahead, the board trimmed its agenda at the top — tabling several items, including the Jarred Gilmore Phillips audit engagement, an American flag purchase, a resolution-adoption procedure, Resolution 25-26 on canceling warrant checks, and Heartland business-license billing — and added an economic-development update, a Chamber of Commerce item, and an executive session for non-elected personnel.

Comprehensive plan: firm in place, funding unresolved

Planning Commission representative Brian Ashworth presented the “best and final” offer from Confluence, the firm the board selected on June 15 to write the county’s comprehensive plan and zoning code. Confluence lowered its price from $152,000 to $116,500 by combining the end of the planning phase with the start of zoning, trimming public-engagement sessions, and removing outside legal-review fees (items that can be added back later by change order).

The commission did not sign the agreement, opting first to settle how to pay for it. Chairman Samuel Tran favored signing immediately, noting the contract can be terminated at any time with the county paying only for work already done: “I say, let me sign it just so we can get the wheel moving, because in the end we can cancel if we haven’t done anything, right?” Commissioner Gregg Motley pushed back: “I would prefer to know how we’re going to pay for it first.”

The commission voted to add a resolution for payment after the public comments portion of the meeting.

With the county’s financial advisers from Baker Tilly at the table, commissioners weighed several funding sources for the project, which is not in the current budget:

  • Inmate-reimbursement fees — Commissioner Mika Milburn-Kee believed about $150,000 was available, but Baker Tilly’s Ben Hart corrected the figure to roughly $50,000 and advised against using it, because the fund reimburses the sheriff’s inmate-housing costs (about $320,000 a year) and helps keep that office under budget.
  • FEMA funds — Commissioner David Beerbower said about $600,000 is available but should go to Public Works.
  • Solar-agreement money — Beerbower asked outside counsel to report on possible funds tied to the Tennyson Creek and Hinton Creek solar agreements.
  • Year-end budget savings — Hart suggested pooling unspent money from across departments (unfilled positions, unbought commodities) as a one-time source.

Commissioner Joe Allen said, “I don’t want to touch the sheriff’s funds. I really think that FEMA money should go back to Public Works also.”  He expressed the need to be creative in finding the funding.

Motley agreed with Allen and Beerbower about not touching the sheriff’s money or the FEMA money. He also mentioned that situations like this are why it’s important for the county to carry cash reserves.

Tran asked the advisers to “please, find us the money somewhere.” He expressed concern that the money be found and encumbered  so that it cannot be spent elsewhere. Hart agreed that has been the county’s history. He also applauded a funding resolution as a step that puts everyone on the same page.

Baker Tilly is expected to bring year-to-date figures and a forecast back to the board at its next meeting, and Beerbower expects an update on the solar money from outside counsel.

Accounts payable, financials and minutes

The commission approved both accounts-payable batches — $83,374.82 (June 18) and $453,809.91 (June 26) — but pulled a single postage line of about $3,011 pending an explanation and invoice, after Milburn-Kee questioned why a “postage overage” charge was being billed to the courthouse general fund rather than a department budget. The board also approved the May 2026 financials and the minutes for the June 15, May 11 (revised) and April 13 (revised) meetings.

Public comments

Al Neese updated the board on a local museum group’s plans for the downtown depot and its interest in the Moody building, announcing the group had been gifted a “Katie Caboose” from Houston that morning, with the pad poured and track work expected soon.

Don Tucker, along with Jennifer Simhiser, live-in manager at Redemption House, asked the county to use Opioid Settlement Fund money to replace the Redemption House roof, which has a hole causing water damage; three companies recommended full replacement. The lowest bid they got for a new roof is $24,000. The roof has been patched, but it is 30 years old and cannot withstand more patching.

Commissioners were unsure how much opioid money remained after an earlier transportation expense and questioned whether the bid covered needed roof decking. A motion by Beerbower to fund the roof did not carry, but Tran said they would add it to the next week’s agenda, when they have “the hard numbers” to work with to determine how much money is available in the opioid fund to help with the need.

Juvenile detention

Commissioner Allen reported on a Southeast Kansas juvenile-detention meeting, where the recommendation was to stay one more year with the facility in Girard and recruit other counties to share costs, while Sheriff Bill Martin favors switching to a pay-as-you-go arrangement with Johnson County. With a contract deadline of July 1, commissioners were split between staying with Girard, and moving to a pay-as-you-go arrangement with Johnson County.

Motley agreed with Allen’s recommendation. Beerbower agreed with the sheriff’s recommendation. Milburn-Kee asked that Allen “get out there and talk to other counties and do some recruiting” to get them to join in membership with the Girard facility, bringing the costs down for Bourbon County.

Beerbower said that by following the suggestions of waiting a year, the commission is continuing the pattern of kicking the can down the road and not dealing with the issue. “We’re paying for something that we’re not getting the value of our money for,” he said.

A representative from the sheriff’s office said they need to terminate the contract to save money: “Based on what I know from the sheriff being there, we do not want that contract.”

Tran expressed his opinion of NGOs (Non-Governmental Organizations), saying they often raise prices and reduce what they deliver over time. He said that if the county doesn’t terminate the agreement with the juvenile facility at Girard, it will be obligated to them for 2027, as well as the rest of 2026. He suggested banking the money that may be needed to send juveniles to Johnson County, rather than, “to pay for a buffet that you’re not eating from…to me it’s a no-brainer that we should go ahead and pull out of that and use our money the way we want to use it and not be stuck to something that really doesn’t fit our needs.”

Tran moved to notify Southeast Kansas that the county would not continue, Beerbower seconded. Milburn-Kee suggested it was a gamble to forfeit the county’s position at the Girard facility.

Tran called for a vote. The motion did not carry. Beerbower and Tran voted for it, but Allen, Milburn-Kee, and Motley voted against, so the county’s membership at Girard will continue at least until summer of 2027.

Other action

  • Chamber of Commerce — the commission approved renewing its Chamber of Commerce membership for another year.
  • Jayhawk bridge — the board signed a previously approved engineering contract for the Jayhawk Road bridge (which requires a geological study before fall construction), recommending PEC for the work.
  • Executive sessions — the commission held two closed sessions on the performance of non-elected personnel under K.S.A. 75-4319(b)(1) and reported no action out of either.

Looking ahead

Future agenda items include the Redemption House roof, an update from outside counsel on solar money, a discussion of commissioner job descriptions, and the budget. A Public Works budget work session followed the meeting; among the items discussed was a requested $75,068 increase to the landfill budget tied to staffing, fuel and disposal costs. Baker Tilly recommended the board adopt the authority to exceed the revenue-neutral tax rate at an upcoming meeting (a cap, not a commitment), with a second-quarter forecast expected later in July. Current figures for revenue neutral would lower the mill.

Agenda: Agenda summary for the June 29, 2026 meeting (full agenda packet PDF).

Bourbon County Commission Adopts New Development Moratorium, Selects Comprehensive-Plan Firm — June 15, 2026

The Bourbon County Commission met Monday, June 15, 2026, with all five commissioners present and Chairman Samuel Tran presiding. The board worked through county roads, a new development moratorium, the selection of a comprehensive-plan consultant, and an extended discussion of the budget process and election logistics. The full meeting is available on the county’s YouTube channel: June 15, 2026 Bourbon County Commission Meeting.

Hidden Valley Roads

Public Works Director Kenny Allen told commissioners the county has no recorded easements for the Hidden Valley roads in the Mound City/Mapleton area, that the roads do not meet county construction standards, and that bringing them up to standard would require costly reconstruction. After confirming counsel’s agreement, the commission adopted Resolution 23-26, reaffirming that Resolution 7-21 designated the Hidden Valley roads only for law-enforcement access and not for county maintenance. Commissioner Mika Milburn-Kee pointed out that adopting the resolution should keep the same issue from needing the attention of the next set of commissioners, should the residents of Hidden Valley bring it up again in the future.

Accounts Payable and Payroll

The commission approved two accounts-payable batches (setting aside two rock-crusher training charges for Kenny Allen to dispute) and, after amending the agenda, approved two payroll registers. Commissioners also approved the June 1 meeting minutes.

Public Comments: Security Cameras and Drainage

Tristan Smittle and a colleague from INA Alert (introduced as Jacob Strecker) pitched integrated security and camera systems, offering rough per-camera cost figures. Landowner Mark Warren raised drainage and standing-water concerns on three properties — near 120th and Paint Creek south of Redfield, on Limestone Road southeast of Uniontown, and on Kansas Road west of Highway 3. Milburn-Kee took his contact information for follow-up.

Elm Creek Lake Dam Grant Terminated

Don George of the Kansas Department of Wildlife and Parks asked the commission to terminate a five-year-old grant for Elm Creek Lake dam repair, explaining that the cost figures are now outdated.

The county has no records of how the dam was constructed by the WPA, so there’s no way to know what would happen if the face was removed.  George pointed out that it’s an important part of Bourbon County and the longer they wait to make repairs, the more expensive it will be.

Commissioner David Beerbower expressed a desire to keep Elm Creek Lake in good condition. MIlburn-Kee asked about reports that the fishing is declining at the lake. George said that he doesn’t stock it as much as he used to because of the leak and how low the water gets, making stocking the lake a potentially poor investment. George also offered to take any interested commissioners on a tour to learn what his department does for the county.

When Tran asked about the conditions of the grant, George said that the Department of Wildlife was going to pay about 1/3 of the cost at $40,000 and the county pay the remainder of $121,000, the majority of which would be using the county’s workers, equipment, and resources. (Background: County Commission Discusses EMS and Elm Creek Quarry.)

The commission voted to terminate the grant, and George invited the county to submit a future application with current numbers for the next grant cycle in May of 2027.

Comprehensive Plan: Confluence Selected

Planning Commission representatives Brian Ashworth II and Pete Owenby recommended hiring Confluence to produce the county’s comprehensive plan — at a cost of $105,500 — along with an optional zoning-code update (costing $46,500), citing stronger community-engagement plans than competing firms. The proposed time line is 10 months from the beginning of work with an additional four months for zoning. One way the county could save money on the cost of the work is to work on the zoning in conjunction with developing the comprehensive plan. By developing a comprehensive plan, the county will provide leverage for various entities in Bourbon County that may wish to apply for grants. “It promotes growth,” said Milburn-Kee.

The commission voted to select Confluence, with Commissioner Gregg Motley abstaining, and authorized Ashworth to pursue best-and-final pricing. The selection follows the Planning Commission’s spring review of proposals (see May 13–14 Planning Commission agendas and the February RFP summary).

Clerk’s Requests: Website Access and Election Room

County Clerk Susan Walker requested front-page access to the county website for herself, the county treasurer and the emergency management department to keep required publications and the emergency status of the county current. No one is updating the finance page at this time. The commission deferred pending consultation with its IT provider, Stronghold.

Walker also formally requested use of the commission room for early voting and election school on specified dates. A motion by Commissioner Milburn-Kee to deny use of the room (while still allowing Public Works and custodial assistance with election equipment) split the vote and failed; a follow-on motion by Commissioner Motley to approve the clerk’s full request passed.

Milburn-Kee claimed that the commission room is the only space she can use on the courthouse for commission work. A heated exchange occurred between Chairman Tran and Clerk Walker over election-room security and tone.

Budget Process

Commissioners Beerbower, Tran, Motley, and Allen said they want department heads to present their budgets directly to the board — beginning with Public Works on June 29 — while Commissioner Milburn-Kee preferred letting financial advisor Baker Tilly handle the process. The commission approved read-only CIC remote access for Baker Tilly so the firm can pull budget information directly. The discussion continues the board’s budget work from its May 18 meeting.

New Development Moratorium

The commission adopted Resolution 24-26, a 365-day moratorium on utility-scale power generation, crypto mining, data centers, and waste-disposal operations, excluding three previously named Tennyson Creek/Hinton Creek Solar projects. Commissioner Joe Allen abstained pending further research, and Motley agreed. The action revisits ground the county has covered before — see the January industrial-development moratorium, the 2025 solar moratorium, and the timeline of Bitcoin-mining noise complaints and the related litigation.

The moratorium will be in effect for one year, or until Bourbon County adopts amendments to the zoning regulation of the county pertaining to utility-scale power generation crypto mining, data centers, and waste disposal operations, whichever first occurs.

Other Business

  • Signed previously approved Resolution 22-26.
  • Authorized Chair Tran to sign a real-estate (MLS) listing extension.
  • Appointed Michael Hoyt as the county’s representative to the Southeast Kansas Area Agency on Aging board, Milburn-Kee and Tran voting against.
  • Commissioner Allen praised first responders’ performance during a recent incident involving the sheriff and reported the DMV may reopen within the week.

Commissioner Comments

Beerbower: Asked that the commissioners give their opinion on the size of flag to fly from the 40-foot poll at the courthouse. The commission decided to bring it back to the table next week after some research.

Allen: Asked that documents be attached to the meeting agendas prior to the meeting to allow time to read through resolutions prior to voting on them.

He also gave a shout-out to public works for their work mowing and grading. He also commended the first responders with Sheriff Bill Martin’s collapse last week.

Watch the full meeting: https://www.youtube.com/watch?v=Xih_URPfsUs