Category Archives: Bourbon County

6th Judicial District Seeks Nominees for District Judge Vacancy

TOPEKA—The 6th Judicial District Nominating Commission is seeking nominations to fill a district judge vacancy.

The vacancy will be created when District Judge Mark Ward retires October 9.

The 6th Judicial District is composed of Bourbon, Linn, and Miami counties.

Justice Larkin Walsh, the Supreme Court departmental justice responsible for the 6th Judicial District, said individuals can apply or be nominated, but nominations must come on an application form and include the nominee’s signature.

Eligibility requirements

To be considered for district judge, a nominee must be:

  • at least 30 years old;
  • a lawyer admitted to practice in Kansas and engaged in the practice of law for at least five years, whether as a lawyer, judge, or full-time teacher at an accredited law school; and
  • a resident of the judicial district at the time of taking office and while holding office.

Nomination process

Nominations must be accompanied by an application form available from the clerk of the district court in Bourbon, Linn, or Miami counties, the clerk of the appellate courts in the Kansas Judicial Center in Topeka, or online at kscourts.gov/judge/vacancies.

The commission asks that nominees submit the application form, attachments, and any other information or credentials relevant to the nominee’s qualifications electronically as instructed on the nomination form to [email protected].

The deadline to submit a nomination with supporting documents is noon Thursday, October 1.

Public interviews

Interviews are open to the public and will be October 27 in Linn County.

Accommodation

Any person with a disability who requires accommodation to access the nominating commission meetings should notify the judicial branch ADA coordinator as early as possible:

ADA Coordinator
[email protected]
785-296-2256
TTY at 711

Appointment process

The nominating commission seeks nominations and then meets to interview the nominees. Interviews are open to the public. The commission selects three to five people whose names are submitted to the governor to fill the position according to statutory qualification and residency requirements.

The governor has 60 days after receiving the names to decide whom to appoint.

Term of office

After serving one year in office, a new judge must stand for a retention vote in the next general election to remain in the position. If retained, the incumbent will serve a four-year term.

Nominating commission

The 6th Judicial District Nominating Commission consists of Justice Larkin Walsh as the nonvoting chair; Mark McCoy and Zackery Reynolds, Fort Scott; Patton Apple and Ronald Wood, Louisburg; Todd Schneider, Mound City; and Mary Stephenson, Paola.

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). CHECK FOR DETAILS

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.

Tennyson Creek Solar Creates Scholarship for Uniontown High School Seniors

The Tennyson Creek Solar project by Doral Renewables is continuing its ongoing investment in Bourbon County by partnering with Uniontown USD 235 to establish a new annual scholarship program supporting local students.

Tennyson Creek Solar will fund this scholarship annually for four Uniontown High School seniors who participate in the school’s SunPowered Challenge program. The scholarship will help students pursue post-secondary education while recognizing their commitment to science-related fields, teamwork, and hands-on learning.

The SunPowered Challenge gives students the opportunity to design, build, and compete in solar-powered engineering projects, helping prepare them for future careers in STEM and skilled trades. Uniontown High School students interested in participating are encouraged to sign up for the SunPowered Challenge for the opportunity to compete and be considered for this annual scholarship; this year’s competition will be taking place in Spring 2027, with dates to be announced.

“This partnership is about investing in students and creating opportunities that will benefit them long after graduation,” said Cliff Williams, Vice President of Development at Doral Renewables. “We’re honored to support Uniontown students as they develop valuable skills through the SunPowered Challenge and pursue their educational goals.”

Vance Eden, Superintendent of Uniontown Schools, said the scholarship provides meaningful support for students as they take the next step in their education.

“This scholarship rewards students for their hard work and participation in an innovative, hands-on program while helping remove financial barriers to higher education,” Eden said. “We appreciate Doral Renewables’ commitment to investing in our students and our district.”

The scholarship application will be available at https://www.uniontown235.org/page/scholarship-information closer to the SunPowered Challenge.

The Tennyson Creek Solar Project, currently under development in Bourbon County, reflects Doral Renewables’ commitment to supporting local communities while advancing responsible renewable energy development.

From the Fort Scott Area Chamber of Commerce page:

Tennyson Creek Solar is developing an energy project that will consist of 300MW of solar and 200MW of storage, and transform the Fort Scott area with added tax revenues and new jobs. Project construction will begin in 2026 and be operational in 2028. Tennyson Creek Solar LLC is a subsidiary of Doral Renewables LLC.

Wreaths Across America Event is December 19

“Remember Me” at Fort Scott National Cemetery
     The 2026 theme from Wreaths Across America is “Remember Me”, as we celebrate the 250th anniversary of the United States and the individual lives behind America’s military service.  Diann Tucker, location coordinator for Fort Scott National Cemetery, wants to thank everyone for their past and continued support of the local Wreaths Across America event.  This annual event and laying of wreaths honors the personal sacrifices of those who have shaped the freedoms we enjoy today.
     Letters of support have been mailed to our many past donors, but our volunteer system does not reach everyone.  We are asking that you share the information with your friends and family and include them in the privilege of supporting and participating in this local event.  To ensure that all service members resting at Fort Scott National Cemetery are honored, remembered and receive a wreath, we are asking for your support.  Each $17. sponsorship provides a wreath that will be laid at Fort Scott National Cemetery.  We cannot do this without your donations.   This year’s ceremony and laying of wreaths will be on December 19, beginning at 10 AM.
     Your tax deductible donations can be mailed to Wreaths Across America, c/o Diann Tucker, 746 215th St., Fort Scott, KS  66701, or at Stewart Realty Co., 1707 S. National, Fort Scott, KS  66701.  We can also take debit and credit cards for your convenience.  If you have questions, please contact Diann t 620-224-7054, or Mika at 620-223-6700.  We look forward to seeing many of you on December 19 as we REMEMBER each soldier at Fort Scott National Cemetery.

Local Garden Club Bulb and Plant Sale is September 12

Peonies can be planted now for next spring color. Submitted photo.

 Fall Plant and Bulb Sale at the Farmers’ Market is September 12

 

 

The Bourbon County Garden Club will host a bulb and plant sale on Saturday, September 12th, at the Downtown Farmers’ Market, from 8 a.m. until noon. Proceeds from the sale will support beautification efforts throughout the community, including the city pool islands, Heritage Park, the North Main area, and downtown hanging baskets.

Daylilies can be planted now for next summer blooms. Submitted photo.

 

A variety of high quality, jumbo nursery bulbs will be available, including crocuses, several types of tulips, and daffodils. Of special local interest is a red and white tulip, perfect for Tiger fans. All of the bulbs should be planted this fall, but will bloom at various times next spring. In addition, the garden club has partnered with Tri Valley Developmental Services to sell winter pansies and mums, both of which are popular for fall planting. Also available are plants freshly dug from club members’ own gardens, in addition to house plants. Other items, including pots, garden-oriented books, and magazines, will be sold. Knowledgeable members and Master Gardeners will be on hand during the sale to offer advice and answer questions about plants.

 

The Bourbon County Garden Club meets on the second Tuesday of the month, March through October. Like us on Facebook for news, meeting announcements, and photos.                                                                                                                                                                                                                                                                     

 

 

 

Bourbon County Sheriff’s Office Daily Report – Sept. 1, 2026

Bourbon County Sheriff's Report

Bourbon County Sheriff’s Office Daily Report – September 1, 2026

Arrested

Allen, Erica Clarice (Age 48) — Arrested 8/31/2026 2:07 PM by Fort Scott Police Department. Charges: Possess Any Substance in 65-4113, Use/Poss Drug Paraphernalia/Human Body, Warrant Bourbon County (Failure to Appear) BB-26-CR-103. Bond: $0.00 No Bond.

Graham, Daniel Joseph Jr. (Age 38) — Arrested 8/31/2026 5:08 PM by Bourbon County Sheriff’s Office. Charges: Warrant Bourbon County (Failure to Appear) BB-22-CR-242, Warrant Bourbon County (Failure to Appear) BB-22-CR-245. Bond: $2,000.00 Cash/Surety. Released 8/31/2026 8:06 PM via Surety Bond (American Western Bonding).

Released

Burns, Randy Dale — Released 8/31/2026 10:17 AM via Transferred Out (Douglas).

Graham, Daniel Joseph — Released 8/31/2026 8:06 PM via Surety Bond (American Western Bonding).

Nunez-Ruckman, Cadence — Released 8/31/2026 10:18 AM via Transferred Out (Douglas).

Sanders, Dominic L — Released 8/31/2026 10:16 AM via Transferred Out (Douglas).

Smith, Eric B — Released 8/31/2026 10:16 AM via Transferred Out (Douglas).

Total Inmates Released: 5

Documents:

Bourbon County Commission Agenda Summary for Aug. 31, 2026

Bourbon County Commission

Bourbon County Commission Meeting Agenda – August 31, 2026, 5:30 PM

Agenda Package – Full PDF

  • I. Call Meeting to Order (Page 1)
  • II. Pledge of Allegiance (Page 1)
  • III. Introductions (Page 1)
  • IV. Approval of Account Payable $135,585.00 (Page 1)
  • V. Approval of Meeting Minutes of 08-17-2026 (Page 1)
  • VI. Approval of Meeting Minutes from 08-24-2026 (Page 1)
  • VII. Department Updates (Page 1)
    • a. Treasurer Jennifer Hawkins
  • VIII. Review resolutions setting meeting rules – Motley (Page 1)
  • IX. Budget Discussion – Matt Lawn (Page 1)
  • X. Verizon Contract Extension – Motley (Page 1)
  • XI. S & P Rating Discussion – Motley (Page 1)
  • XII. Asbestos Testing Discussion – Motley (Page 1)
  • XIII. Appraiser Hiring and Compliance Letter – Motley (Page 1)
  • XIV. Healthcare Sales Tax Review Committee – Gentry & Nichols (Page 1)
  • XV. District Meeting Discussion – Milburn (Page 1)
  • XVI. Public Works Restructuring – Milburn & Beerbower (Page 1)
  • XVII. Opioid Grant Program – Milburn (Page 1)
  • XVIII. HR Contract/Sourcing Discussion – Allen (Page 1)
  • XIX. District Court Relocation to 108 W 2nd St – Beerbower (Page 2)
  • XX. Commissioner Comments (Page 2)
  • XXI. Build Future Agenda (Page 2)
  • XXII. Adjournment (Page 2)

Detailed Information Packet Summary

1. Meeting Minutes – August 17, 2026 (Pages 3–10)

  • Attendance & Logistics: Meeting called to order by Chair Samuel Tran (District 1) at 5:30 PM. Present: Commissioner David Beerbower (District 2), Commissioner Joe Allen (District 3), Commissioner Gregg Motley (District 4), Commissioner Mika Milburn (District 5), County Counselor Bob Johnson, Deputy County Clerk Michael Hoyt. Citizens attending: Anne Dare, Bonnie Smith, Beverly Simpson, Clayton Watson, Clint Walker, Rachel Walker, Jean Tucker, Don Tucker, Jason Silvers, Josh Jones, Marlon Merida, Phil Pavey, Nick Graham, Teri Hulsey. (Page 3)
  • Agenda Modifications: Agenda amended to add a Public Works Director update (Item XI.d) and Deputy Clerk update (Item XI.e). Motion to approve the amended agenda made by Chair Tran, seconded by Motley. Motion carried unanimously. (Page 3)
  • Approval of Minutes 08.10.26: Commissioner Tran requested the full text of a resignation statement be included rather than an excerpt. Minutes tabled pending a corrected version. Motion to table made by Chair Tran, seconded by Commissioner Milburn. Motion carried 4-1, Beerbower voting no. (Page 4)
  • Approval of Accounts Payable 08.14.26 – $129,800.18: Commissioner Milburn raised a question regarding an MSB Law invoice for $3,485.21 described as “review, analysis of contracts, and opinion letter,” noting no opinion letter had been produced. Commissioner Motley explained the review was stopped before completion. Motion to approve Accounts Payable for August 14, 2026, in the amount of $129,800.18 made by Chair Tran, seconded by Commissioner Allen. Motion carried 4-1, Milburn voting no. (Page 4)
  • July Financials: Presented with no substantive discussion. Motion to approve made by Commissioner Motley, seconded by Commissioner Allen. Motion carried unanimously. (Page 4)
  • Public Comments: Two public comment cards submitted. Michael Hoyt reported on a Southeast Kansas Area Agency on Aging board meeting — the region received $1.7 million in funding to clear a wait list of over 300 individuals seeking meal delivery services, the highest allocation in Kansas across the nine-county service area. Mr. Jones (District 3 constituent) called upon Chair Tran to step down from the chairmanship. (Page 5)
  • Budget Discussion – Matt Lawn (Baker Tilly): Budget Consultant Matt Lawn presented preliminary fund balance projections for the 2027 budget cycle. All funds show projected deficits under a flat mill levy. The Employee Benefit Fund faces a projected $244,000 increase driven by an estimated 18–20% health insurance premium increase from Blue Cross. County contribution is $1,700/month per employee for employee-plus plans, $925/month for employee-only. Commissioner Milburn raised possibility of holding mill levy revenues at revenue neutral (R&R). The Ambulance Fund was described as performing better than projected; year-to-date collections tracking ahead of prior year toward a $900,000 revenue estimate. The commission agreed to cancel the tentative Wednesday budget work session and consolidate all budget discussion into the next Monday regular meeting. (Page 5)
  • Department Updates: (Pages 6–8)
    • a. EMS Update – Hulsey: EMS Director Teri Hulsey reported year-to-date receipts are $59,865.22 ahead of same period last year, attributable to restoration of hospital transfer services. She presented three scheduling scenarios (24/48, 48/96, hybrid). She requested authorization to hire a sixth full-time paramedic with 30+ years of experience. Motion to authorize hire made by Commissioner Motley, seconded by Commissioner Allen. Motion carried 4-1, Tran voting no. (Page 6)
    • b. TUSA – Sheriff: Sheriff Martin introduced Dean Hart of TUSA Consulting, who presented findings from a public safety radio infrastructure needs assessment. The current DMR (Motorola Turbo) system lacks preventative maintenance, adequate site grounding, generator backup, and remote monitoring; one site was found completely off-air. The recommended Solution 3 is a county-owned, 5-site P25 simulcast trunked system with dedicated microwave connectivity — estimated infrastructure cost ~$14.5 million, plus ~$2.5 million for subscriber radios and ~$6.3 million in maintenance over 20 years. No action taken; commission requested additional cost modeling including phased payment schedule and TUSA project management fees. (Page 6)
    • c. KHP Truck Route – Sheriff: Sheriff Martin introduced KHP Trooper Boyles regarding complaints about heavy truck traffic using county roads to bypass K-7 Highway construction closures on Birch Street. Commission discussed possibility of posting “No Through Trucks” signage; agreed to gather traffic count data first. No action taken. (Page 7)
    • d. Public Works Director Update: Director Kenny Allen presented five quotes for a backhoe from Foley Equipment (CAT dealer). A new machine qualifies for a Sourcewell governmental pre-bid discount of ~$45,000, bringing the effective price to ~$173,000–$179,000 with a comprehensive 60-month/5,000-hour warranty. Director Allen expressed preference for the new unit. Commission agreed to review quotes and take action at the next meeting. (Page 7)
    • e. Deputy Clerk Update: Deputy Clerk Michael Hoyt briefed the commission on urgent operational needs due to staff turnover. General election ballot must be certified by the Secretary of State by September 14; Clear Ballot, the county’s established vendor, can accommodate at a cost of ~$8,400. Accounts Payable clerk position is currently vacant. Training and state certification on the ELVIS voter registration system and CIC financial system needed. Chair Tran asked Hoyt to contact the Secretary of State’s office regarding relief from election deadlines. (Pages 7–8)
  • Old Business: (Page 8)
    • Allocation of Space – Tabled.
    • Policy & Procedure Discussion (Beerbower) – Tabled to September.
    • HR Contract Discussion – Commission discussed the lapsed HR consulting contract continuing month-to-month. Commissioners Allen and Beerbower indicated they had been contacted by a local individual interested in offering HR services. Commission agreed to place the item on the first meeting agenda following Labor Day; current contractor will continue billing during interim period.
    • Speed Limit Discussion (Sheriff) – Addressed under Item XI.c. No separate action.
  • New Business – Vice Chairman Resignation & Leadership Election: Commissioner Beerbower formally resigned as Vice Chairman, citing a belief that leadership positions should rotate. Chair Tran acknowledged the statement and declined to step down, noting approximately four months remaining in his term. Commissioner Motley moved to vacate the chairmanship and hold an election for both chair and vice chair, seconded by Commissioner Allen. Motion carried 3-2, Tran and Milburn voting no. Election of Chair: Commissioner Allen nominated Commissioner Gregg Motley. Motion to elect Motley as Chair made by Commissioner Allen, seconded by Beerbower. Carried 3-2, Tran and Milburn voting no. Election of Vice Chair: Commissioner Motley nominated Commissioner Joe Allen. Motion to elect Allen as Vice Chair made by Commissioner Motley, seconded by Beerbower. Carried unanimously. (Pages 8–9)
  • Election Results – Resolution 27-26: Following the leadership election, the commission adopted Resolution 27-26 certifying the results of the primary election canvass conducted earlier in the day. Motion by Chairman Motley, seconded by Vice Chairman Allen. Motion carried; Commissioner Milburn abstained. Result: 4 Yes, 1 abstention. (Page 9)
  • Other New Business Items Tabled: SEKRPC Update (Motley) – Tabled. Appraiser Candidates (Beerbower) – Tabled to next available meeting. (Page 9)
  • Future Agenda Topics & Adjournment: Remainder of agenda tabled to next available meeting. No Commission Comments. Motion to adjourn made by Commissioner Motley, seconded by Commissioner Allen. Motion carried unanimously. Meeting adjourned at 9:06 PM. (Page 10)

2. Commissioner Beerbower Vice Chairman Resignation Statement (Pages 11–12)

The full text of Commissioner David Beerbower’s resignation statement is included in the packet. Key themes included:

  • He resigned his position as Vice Chairman of the Bourbon County Commission, stating that leadership positions of chairman and vice-chairman have become “confused with command and control, rather than one of guidance and leadership.” (Page 11)
  • He cited principles from books including Extreme Ownership and Team of Teams (General McChrystal), stating that authority rests with the commission acting collectively, and that “the commission is not anyone’s team — it belongs to the citizens of Bourbon County.” (Page 11)
  • He called upon Chair Tran to voluntarily step down and allow another commissioner the opportunity to lead, framing the request as an affirmation of the principle of leadership renewal rather than a criticism of service. (Page 12)
  • “The office belongs to the people. The responsibility belongs to all of us. And the future of this county will always be stronger when we lead together.” (Page 12)

3. Meeting Minutes – August 24, 2026 (Pages 13–17)

  • Attendance & Logistics: Meeting called to order by Chairman Motley. Present: Commissioner Mika Milburn Key (District 5), Commissioner David Beerbower (District 2), Commissioner Joe Allen (District 3), Chairman Gregg Motley (District 4), Deputy County Clerk Michael J. Hoyt. Commissioner Samuel Tran (District 1) joined the meeting after introductions. Citizens attending: Kyle Parks, Jason Silvers, Marlon Merida, Clinton Walker, Teri Husley, Anne Dare, Kenny Allen. Fort Scott, KS, 5:30 PM. (Page 13)
  • Agenda Modifications: Agenda amended to add: Old Business as item XIII (Wildlife and Parks — withdrawal of walking hunting contract), Verizon contract extension as item XIV, and Kenny Allen (Public Works) as Department Update item X.c. Budget discussion was prioritized to ensure adequate time. Motion by Commissioner Beerbower, seconded by Commissioner Allen. Carried unanimously. (Page 13)
  • Approval of Minutes 08.10.26: Commissioner Milburn noted that the full dialogue from the clerk’s resignation had been added as previously requested. Motion to approve by Commissioner Milburn, seconded by Commissioner Allen. Carried unanimously. (Page 13)
  • Approval of Minutes 08.17.26: Commissioner Milburn identified revisions needed — speaker attributions were incorrect, including an error in the recorded vote for vice chairman. Minutes tabled pending correction reviews. (Page 14)
  • Approval of Accounts Payable – $304,072.99: Motion by Commissioner Allen, seconded by Chairman Motley. Carried unanimously. (Page 14)
  • Public Comments: Kyle Parks addressed the Commission regarding unmowed county roads — approximately two blocks in Devon and Range Road not mowed all summer. Chairman Motley committed to following up with the appropriate department. (Page 14)
  • Department Updates: (Pages 14–15)
    • a. 108 W Second Update (Courts) – Beerbower: Commissioner Beerbower reported that a preconstruction meeting had taken place and presented a project checklist for the temporary relocation of Bourbon County District Court to 108 W. Second Street, necessitated by the courthouse elevator being out of service. Key tasks: wall removal, courtroom technology setup, security camera coordination, directional signage, carpet cleaning, furniture sourcing. Motion to designate Commissioner Beerbower as project lead made by Chairman Motley, seconded by Commissioner Allen. Carried unanimously. Motion to formally approve the use of 108 W. Second Street made by Commissioner Beerbower, seconded by Milburn. Carried unanimously. Motion to close the second and third floors of the courthouse to the public (staff access only) from October 21 through November 20 made by Commissioner Milburn, seconded by Chairman Motley. Carried unanimously. Motion to authorize the executive assistant to create a maintenance access card for elevator repair staff made by Commissioner Milburn, seconded by Chairman Motley. Carried unanimously. (Pages 14–15)
    • b. Elections – Deputy County Clerk Michael Hoyt: General election ballot must be submitted to the Secretary of State by September 14, 2026, with work unable to begin until after the September 8 canvass — approximately one week to complete. Ballot must also be available for overseas military voters by September 19, per 60-day statutory requirement. Hoyt requested $4,200 to contract with Clear Ballot for ballot creation services. Confirmed sufficient funds exist in the elections training and meetings budget line item. Early voting to be abbreviated to the Saturday–Monday period before the general election. (Page 15)
    • c. Kenny Allen – Public Works: Director Allen presented a federal funds exchange letter requesting Chairman’s signature to receive approximately $120,000 in reimbursement for hard surface road work. Motion to authorize the Chairman to sign the federal funds exchange letter made by Commissioner Beerbower, seconded by Commissioner Allen. Carried unanimously. Director Allen reported approximately four miles of asphalt laid this season: Maple Road to 240th, a quarter mile on Osage/215th, and one mile on Hackberry. Work on Yale Road (Maple Crossroads) expected to begin the following Monday — estimated $150,000 for that mile due to full 5-inch base and overlay. The Commission noted only two to three bush hogs operational and mowing largely limited to school bus routes. (Page 15)
  • XI. Cereal Malt Beverage Application: A cereal malt beverage application for the business at Soldier Road and US-69 Highway was presented. Motion to authorize the Chairman to sign the application made by Commissioner Allen, seconded by Commissioner Beerbower. Carried unanimously. (Page 16)
  • XII. Budget Discussion – Matt Lawn (Baker Tilly): Lawn presented a scenario analysis exploring the effect of holding all non-employee-benefit funds to a revenue-neutral (R&R) mill levy. Key findings: general fund is ~$290,000 below the adopted 2026 budget; appraiser fund would be reduced to near-zero ending balance; election fund faces significant anticipated expenditure increase; holding Road & Bridge to R&R would reduce its carryover balance to ~$166,000; ambulance fund ($66,000) would likely go negative under this scenario. Motion to authorize publication of the public hearing notice for the budget at a mill levy not to exceed 56.669 mills, to appear in the Saturday, August 29 paper, for a public hearing on September 14, 2026, made by Commissioner Milburn, seconded by Commissioner Allen. Carried unanimously. Additional unbudgeted expenditures identified: ~$50,000 for tax foreclosure publication and legal process, and $36,000 (three months at $10,000/month) to begin the comprehensive plan contract with Confluence in October. Budget public hearing remains September 14; state submission deadline October 1 at 5:00 PM. (Page 16)
  • Wildlife and Parks (Old Business): Motion to withdraw the county’s walking-in hunting contract on the old dump property (City had opted out of its portion of the package agreement) and to authorize the Chairman to sign the withdrawal contract, made by Commissioner Allen, seconded by Chairman Motley. Carried unanimously. Motion to place the old dump property for sale, pending groundwater testing and compliance with KDHE restrictive deed covenants requirements, made by Commissioner Beerbower, seconded by Commissioner Milburn. Carried unanimously. (Page 17)
  • Verizon Contract Extension: Chairman Motley announced this item was removed from tonight’s agenda due to typographical errors in the contract. A corrected version will be distributed to commissioners prior to the next meeting. (Page 17)
  • Future Agenda Topics: Separation of landfill/transfer station from Public Works management and associated rate discussion; opioid fund grant application; district meeting attendance roll call; policy and procedure review (after Labor Day); appraiser recruitment and potential county-sharing arrangement with Linn or Anderson County; Verizon contract extension; and an HR discussion. (Page 17)
  • Commission Comments: Chairman Motley encouraged all departments to submit supporting documents — contracts, bids, resolutions — to the clerk in advance for inclusion in agenda packets, noting the county receives more KORA requests than all other jurisdictions served by its IT provider combined. (Page 17)
  • Adjournment: Motion by Commissioner Beerbower, seconded by Chairman Motley. Carried unanimously. Meeting adjourned at 6:43 PM. (Page 17)

4. Accounts Payable – Open Invoices by Department Summary (Grand Total: $135,585.00) (Pages 18–33)

Open invoices by department summary prepared 8/28/2026, due date 8/28/2026, 146 invoices totaling $135,585.00 across multiple funds.

  • Non-Departmental / Appraisers (Fund 016) – $577.30: Verizon Wireless cell phone appraiser $64.38; Bourbon County Road & Bridge gas purchases (multiple invoices for diesel/gasoline) totaling $512.92. (Page 18)
  • County Treasurer Motor Fund (Fund 052) – $100.00: NACCTFO annual dues $100.00. (Page 18)
  • Election (Fund 062) – $940.50: Bourbon County Payroll wages $400.00 and $540.50 (election wages). (Page 18)
  • Employee Benefit (Fund 064) – $312.61: Payroll clearing account items including KEPRS, EE IRS EE State UNE, Social Security, KPERS Retirement, Benefit Unemployment, Payroll Clearing, and Metlife Group Benefits life insurance. Total $312.61. (Page 19)
  • Landfill (Fund 108) – $16,003.13: Foley Equipment Co. wiring harness/bottom guard/gasket items $4,808.21 + $1,254.02; Mayco Ace Hardware, Verizon Wireless, and multiple Bourbon County Road & Bridge diesel/gas purchases for landfill operations; Foley Equipment guard items totaling $6,062.23 subtotal. Total fund: $16,003.13. (Page 19)
  • Noxious Weed (Fund 200) – $549.67: Mayco Ace Hardware bypass lopper $44.99, Verizon Wireless phones $46.56, multiple Bourbon County Road & Bridge gas purchases totaling $458.12. (Page 20)
  • Road and Bridge (Fund 220) – $21,328.90: Pomps Tire Service tires and labor (multiple invoices) $3,924.50; Mayco Ace Hardware, Kirkland Welding Supplies, Henry Kraft paper towels, K&K Auto Parts, D&J Glass installation, Verizon Wireless phones, Bourbon County Road & Bridge gas/diesel, Elm Creek pest control; Ashcraft Pest Control $150.00; Inland Truck Parts $76.68. Total $21,328.90. (Pages 20–21)
  • Road & Bridge Sales Tax Fund (Fund 222) – $59,635.17: Pomps Tire Service tires $3,924.50; Murphy Tractor & Equipment training $88.00; Bourbon County Road & Bridge gas/diesel (numerous); Heidrick’s True Value drill bits $114.43; Henry Kraft paper towels; Verizon Wireless phones; Bourbon County Road & Bridge gas (numerous); CSTK Inc. roller assemblies/starter/links/pins #72 $840.00 (×2); G.W. Van Keppel Co. switch assemblies/cylinder #137 $2,398.70 + $2,177.52; CSTK Inc. roller assemblies $2,841.42; Diamond Mowers $173.73; Ashcraft Pest Control and Inland Truck Parts. Grand subtotal $59,635.17. (Pages 22–24)
  • County Clerk – General Fund (Fund 001, Dept. 02) – $222.65: Hoyt, Michael — Notary Supplies and Bond 4 years $12k per year — $222.65. (Page 25)
  • County Treasurer – General Fund (Fund 001, Dept. 03) – $29,973.00: Fort Scott Tribune — Delinquent real estate publication $29,973.00. (Page 9 of PDF / page 27)
  • Courthouse Maintenance – General Fund (Fund 001, Dept. 07) – $812.86: Hoyt, Michael courthouse main supplies $48.44; Mayco Ace Hardware circuit breaker $19.99; Absolute Protection, Inc. 08-03-2026 trouble on FACP $720.00; Bourbon County Road & Bridge gas $24.43. Total $812.86. (Page 26)
  • Courthouse General – General Fund (Fund 001, Dept. 43) – $9,130.50: Fort Scott Tribune tax sale publication $8,658.00; Design Mechanical, Inc. work on 3rd floor water cooled AC $472.50. Total $9,130.50. (Page 30)
  • District Court – General Fund (Fund 001, Dept. 10) – $12,154.18: TranslationPerfect.com transcript $579.80; Higgins, Shaun transcript $346.50; Baseley Law Office LLC Terra-September Misd/TR/JV Contract $2,100.00; Domoney & Domoney September CINC Contract $2,000.00; Gilbert Ernest Gregory September CINC Contract, CT/DM/Contract Misdo/TR/JV $4,600.00; Baseley Law Office LLC Josh — September CINC Contract $1,900.00; Villamaria Law Conflict CINC Attorney $627.88. Total $12,154.18. (Page 29)
  • Ambulance Service (Fund 375, Dept. 24) – $14,013.74: Bourbon County Road & Bridge EMS Diesel $1,998.23; Bourbon County Road & Bridge EMS Gas $1,210.57; Kirkland Welding Supplies oxygen refill $61.00; Morris & Dickson Co. LLC ambulance supplies/medication $134.74; Verizon Wireless cell phones $48.44 + $144.40; Verizon Wireless telephone expenses $73.95; Stryker Sales, LLC laryngoscope blades $196.81 + Pro Care Services $10,145.60. Total $14,013.74. (Page 28)
  • Noxious Weed Chemicals (Fund 200, Dept. 30) – $9,642.90: Van Diest Supply Company — Escort/Ranger Pro/Remedy $6,795.02; Grazonnext HL $2,617.92; Tordon RTU $229.96. Total $9,642.90. (Page 31)
  • Grand Total All Funds: $135,585.00 (146 invoices). (Pages 32–33)

5. Accounts Payable – Paid Invoices (AP Paid Invoices APLT50) — Grand Total: $135,496.71 (Pages 34–42)

AP Paid Invoices report for the period 8/28/2026 through 8/28/2026, issued 8/28/2026 at 5:12:14 PM.

  • Absolute Protection, Inc. (Vendor 150): 08-03-2026 trouble on FACP — $720.00. (Page 34)
  • Allen County Public Works (Vendor 450): MSW 8/13–8/19/26 — $4,748.11. (Page 34)
  • Amazon Capital Services (Vendor 1001076): Jumper cables #13 $39.99; Broom and dustpan $58.81; Wall file holder $9.49. Subtotal $58.29. (Page 34)
  • Ashcraft Pest Control (Vendor 251): PW Pest Control April/May 2026 $300.00; PW Pest Control August 2026 $150.00; PW Pest Control July 2026 $150.00; PW Pest Control June 2026 $150.00. Subtotal $750.00. (Page 34)
  • Asphalt Drum Mixers, Inc. (Vendor 240): Oil burner $1,450.06. (Page 34)
  • Baseley Law Office LLC (Vendor 1000998): Terra-September Misd/TR/JV Contract $2,100.00; Josh — September CINC Contract $1,900.00. Subtotal $4,000.00. (Page 34)
  • Bo’s 1 Stop Inc. (Vendor 1001256): 12&15″ storm tubes $4,000.00. (Page 35)
  • Bourbon County Payroll (Vendor 1001987): Wages $400.00 + $540.50. Subtotal $940.50. (Page 35)
  • Bourbon County Road & Bridge (Vendor 2250): EMS Diesel $1,998.23; EMS GAS $1,210.57; multiple gas/diesel purchases for road operations (numerous line items ranging from $14.49 to $607.50). Subtotal $8,678.46. (Pages 35–36)
  • Bourbon County Taxes – Emerson (Vendor 3400): EE IRS EE State EE irsER UNE — $68.07. (Page 37)
  • Bourbon County-KPERS (Vendor 3450): KEPRS — $66.36. (Page 37)
  • CSTK Inc. (Vendor 1001073): Roller assemblies/starter/links/pins #72 $7,362.84. (Page 37)
  • Culligan of Joplin (Vendor 1000162): 5-gallon water delivery $48.00. (Page 37)
  • D&J Glass (Vendor 1000619): Glass install #88 $25.00. (Page 37)
  • Design Mechanical, Inc. (Vendor 442): Work on 3rd floor water cooled AC $472.50. (Page 37)
  • Diamond Mowers (Vendor 1000757): O Rings #85 $173.73. (Page 37)
  • Domoney & Domoney (Vendor 1001727): September CINC Contract $2,000.00. (Page 38)
  • Emerson & Co LLC (Vendor 1001960): EE-IRS EE-State ER-IRS (multiple line items). Subtotal $104.23. (Page 38)
  • Foley Equipment Co. (Vendor 447): Cooler #21 $1,791.61; Power by the hour 7/9–8/15/26 #62 $1,212.64; Power by the hour 7/27–8/24/26 #52 $717.69; Power by the hour 7/27–8/24/26 #35 $6,062.23; Wiring Harness/Bottom Guard/Gasket #15 $810.69; August Power by the Hour #88 $505.11; August Power by the Hour #88 $219.66. Subtotal $11,319.63. (Page 38)
  • Fort Scott Tribune (Vendor 6700): Delinquent real estate publication $29,973.00; Tax sale publication $8,658.00. Subtotal $38,631.00. (Page 38)
  • G.W. Van Keppel Co. (Vendor 6900): Switch assemblies/cylinder #137 $2,398.70 + $2,177.52. Subtotal $4,576.22. (Page 38)
  • Gilbert Ernest Gregory (Vendor 8100): September CINC Contract, CT/DM/Contract Misdo/TR/JV $4,600.00. (Page 38)
  • Heidrick’s True Value (Vendor 8500): Drill bits #T30 $58.96 + $55.47. Subtotal $114.43. (Page 39)
  • Henry Kraft, Inc. (Vendor 8619): Paper towels $41.62. (Page 39)
  • Higgins, Shaun (Vendor 8695): Transcript $346.50. (Page 39)
  • Hoyt, Michael (Vendor 1002115): Courthouse main supplies $48.44; Notary Supplies and Bond 4 years $12k per year $222.65. Subtotal $271.09. (Page 39)
  • Inland Truck Parts Company (Vendor 9165): Steering Gear/Core Returns ($2,743.63); Temp Sensor #105 $76.68; Transmission/Recalibration #133 $4,523.89. Subtotal $1,856.94. (Page 39)
  • K & K Auto Parts Inc. (Vendor 9900): U Joints #84 $88.00. (Page 39)
  • Kirkland Welding Supplies, Inc. (Vendor 10900): Welding wire $73.00; Oxygen refill $61.00. Subtotal $134.00. (Page 40)
  • Mayco Ace Hardware (Vendor 12610): ACCT #415 Circuit Braker $19.99; Circuit Breaker 20A Plug $19.99; Bypass Lopper $44.99. Subtotal $84.97. (Page 40)
  • Metlife-Group Benefits (Vendor 13351): Life Insurance Benefits $73.95. (Page 40)
  • Morris & Dickson Co. LLC (Vendor 1001406): Ambulance supplies $134.74. (Page 40)
  • Murphy Tractor & Equipment Co. (Vendor 14125): Training $7,849.00. (Page 40)
  • NACCTFO Treasurer (Vendor 14260): NACCTFO annual dues $100.00. (Page 40)
  • O’Reilly Auto Parts (Vendor 15000): Wiper blade #84 $12.99; Vapor canister #135 $170.62; Transmission fluid $139.99; Bulbs #190 $15.52. Subtotal $339.12. (Page 41)
  • Pomp’s Tire Service, Inc. (Vendor 4500): Tires #202 $769.10; Tires #6 $372.70; Tires #T149 $450.50; Tires #221 $570.50; Dump truck tires $3,744.00; Flat repair #198 $519.40. Subtotal $6,426.20. (Page 41)
  • Stryker Sales, LLC (Vendor 1001492): Laryngoscope blades $196.81; Pro Care Services $10,145.60. Subtotal $10,342.41. (Page 41)
  • TranslationPerfect.com (Vendor 1000718): Interpreter Services on 8/17/2026 & 08/20/2026 $579.80. (Page 41)
  • Tri-State Truck Center, Inc. (Vendor 1000371): Wiper blades #110 $60.40. (Page 41)
  • Van Diest Supply Company (Vendor 20950): Escort/Ranger Pro/Remedy $6,795.02; Grazonnext HL $2,617.92; Tordon RTU $229.96. Subtotal $9,642.90. (Page 42)
  • Verizon Wireless (Vendor 1000026): ACCT #00003 phones $566.54; EMS Cell phones $144.40; Cell phone appraiser $64.38; Cell phone service $34.10. Subtotal $809.42. (Page 42)
  • Villamaria Law (Vendor 1001825): Conflict CINC Attorney $627.88. (Page 42)
  • Report Grand Total: $135,496.71 (Page 42)

6. AP Paid Wires (APLT71A) – $1,179.16 (Pages 43–44)

Selected AP Paid Wires for 8/28/2026 through 8/28/2026, Landmark Bank (Account 1930003064), 7 wires totaling $1,179.16.

  • Bourbon County Payroll (Wire -2287): Election wages $400.00 + $540.50. Subtotal $940.50. (Page 43)
  • Bourbon County Taxes – Emerson (Wire -2288): EE IRS EE State EE irsER UNE (Benefit Unemployment $0.38, Social Security $30.85, KERS $6.00, Payroll Clearing $30.84). Subtotal $68.07. (Page 43)
  • Bourbon County-KPERS (Wire -2289): KPERS Retirement $42.36; Payroll Clearing Account $24.00. Subtotal $66.36. (Page 43)
  • Emerson & Co LLC (Wire -2290): EE-IRS EE-State ER-IRS (Benefit Unemployment $0.54, Social Security $41.35, Payroll Clearing $41.34, $21.00). Subtotal $104.23. (Page 44)
  • Grand Total for Bank 7 (Landmark Bank): $1,179.16 (Page 44)

7. Resolution 26-25 – Parliamentarian to the Board of Commission (Page 45)

Resolution 26-25, adopted July 7, 2025, resolves that the Bourbon County Commission will appoint a parliamentarian — a neutral party, non-voting advisor to the Chair and Commission — in accordance with the Standard Operating Procedures. The parliamentarian may change from time to time upon the vote of the commission. Signed by Chairman David Beerbower, Commissioner Mika Milburn-Kee, Commissioner Sam Tran, and attested by County Clerk Susan E. Walker.

8. SOP of The Bourbon County Commission Parliamentarian (Pages 47–49)

Standard Operating Procedures document prepared by Mika Milburn-Kee, marked “Adopted.” Key provisions:

  • General Duties: Maintaining order; interpretation and guidance on procedural rules; neutrality (no voting authority, abstains from debate); sits next to the Chair to provide immediate procedural advice. (Page 48)
  • Agenda Management: Commissioners may place items on the agenda; the submitting commissioner is recognized first. Items may be Discussion Only or lead to a Motion. (Page 48)
  • Procedures for Items Leading to a Motion: Parliamentarian confirms motion and calls for second; each commissioner speaks once before anyone may speak again; public comment follows commissioner discussion; after public comment each commissioner has a final opportunity to discuss; Clerk calls roll for a vote. (Page 49)
  • Procedures for Discussion-Only Items: Same speaking-order rules apply; public comment after commissioners speak; commissioners may have a second opportunity to speak. (Page 49)
  • Enforcement & Final Authority: The Chair retains final authority; the Parliamentarian advises but does not overrule or enforce decisions. (Page 49)

9. Resolution 09-25 – Code of Conduct & Resolution 10-25 – Meeting Rules of Order & Resolution 11-25 – Rules of Decorum for Public Forums (Pages 51–57)

Three resolutions adopted January 20, 2025, are included in the packet as background for the agenda item on reviewing meeting rules.

  • Resolution 09-25 – Code of Conduct: Six principles for commissioners covering honesty/accountability, decorum/respect, stewardship of resources, continuous learning, fairness/impartiality, and prohibition of accepting favors. Requires commission re-approval each calendar year. (Pages 51–52)
  • Resolution 10-25 – Meeting Rules of Order: Establishes written agenda prioritizing county business, standard order of business (call to order, agenda approval, minutes, public comment, consent agenda, unfinished business, new business, adjournment), and references Kansas Open Meetings Act (KOMA) requirements. (Pages 53–54)
  • Resolution 11-25 – Rules of Decorum for Public Forums: Establishes ten stated intents including safety, civility, and transparency. Public rules include: sign-in required; remarks limited to 3 minutes (5 minutes for groups); no personal attacks or repetitive remarks; all persons must remain seated; cell phones must be silenced; no intoxicated persons; Chairman may interrupt or remove speakers violating decorum. (Pages 55–57)

10. Verizon Contract Extension Documentation (Pages 59–63)

The packet includes email correspondence regarding the Verizon Wireless contract extension and an expired funding document (WFM236982216), included at the direction of Chairman Motley who requested it be added as an agenda item.

  • Tax Exemption Notice (8/27/2026): Verizon Wireless notified the county that tax exemption documents for accounts 242379870-10, -11, -12, -3, -5, and -7 need attention — either missing, expired, or expiring within 90 days. Documentation must be submitted within 90 days to maintain tax-exempt status. Contact: [email protected]. (Pages 60–61)
  • Expired Funding Document (WFM236982216): Verizon Business Group (Dan Renne, Sr. Account Manager SLED Sales, Verizon Frontline) requested that the county review and update the expired funding document for profile 5830248 Bourbon County and all associated subaccounts, adding Mod 47 pricing. Chairman Motley forwarded to County Clerk requesting document be placed in packet and agenda item added. (Pages 62–63)

11. Healthcare Sales Tax Advisory Committee – Agenda Item Note (Page 64)

Chairman Motley submitted a note to the County Clerk requesting placement of an agenda item regarding the Healthcare Sales Tax advisory committee, naming Charles Gentry and Dr. Randy Nichols as individuals involved.

12. SEK District Meeting – October 1, 2026 (Page 65)

Southeast Kansas County Officials District Meeting notice. Labette County invites attendees to the 2026 fall SEK District Meeting in Oswego, Kansas, on October 1, 2026.

  • Schedule: Registration 8:30–10:00 AM at Labette County Courthouse, 501 Merchant; Breakout Sessions at 10:00 AM (locations announced in program); Lunch at 12:00 PM at Oswego Community Building, 203 North St.
  • RSVP: Email County Clerk Gena Landis at [email protected] by Friday, September 4th, indicating number of commissioners, clerks, Register of Deeds, Treasurer, Road & Bridge, Dispatch 911, Appraisal, and Emergency Management.

13. Transfer Station Rate Structure, Employee Compensation, and Capital Reserve Funding Analysis (Pages 66–79)

Agenda supporting document for Public Works Restructuring discussion (Agenda Items XVI and XVII). Prepared for Commission discussion and direction regarding the Bourbon County Transfer Station.

  • Background: The Transfer Station operates as a self-supporting enterprise activity within the County’s Landfill Fund. Landfill Fund expenditures were approximately $1.13 million in 2022, increasing to $1.47 million in 2023, with 2024 budget authority of approximately $1.80 million. Current staffing: Supervisor $19.05/hr, two Equipment Operators $17.00/hr each, CDL Driver/Equipment Operator $17.00/hr. Total annual payroll: $145,704. (Page 66)
  • Current Transfer Station Rates: In-County C&D $35.00/ton; In-County MSW $40.00/ton; Out-of-County C&D $40.00/ton; Out-of-County MSW $50.00/ton. (Page 67)
  • 2025 Operational Activity: Total annual tonnage processed — 12,924.58 tons (In-County MSW 8,031.87; In-County C&D 2,812.98; Out-of-County MSW 1,169.80; Out-of-County C&D 909.93). Total disposal revenue — $520,556.55. Average revenue per ton: $40.28/ton. (Page 67)
  • Market Comparison: Supervisor competitive range $24–$28/hr; Equipment Operators competitive range $20–$24/hr; CDL Driver/Equipment Operator competitive range $24–$30/hr. Kansas equipment operators average ~$22/hr; CDL truck drivers commonly earn $28–$29/hr. (Page 68)
  • Three Rate Scenarios Presented: (Pages 69–79)
    • Scenario A – Conservative Market Adjustment: Supervisor $24.00/hr; Operators $20.00/hr; CDL Driver $24.00/hr. Additional personnel cost (35% benefit): $50,404. Total additional revenue need: $85,404. Rate increases: In-County C&D $35→$42; In-County MSW $40→$47; Out-of-County C&D $40→$47; Out-of-County MSW $50→$57. Rate increase needed: $6.61/ton. Projected annual revenue: $605,961 (+16.4%).
    • Scenario B – Recommended Market Adjustment: Supervisor $26.00/hr; Operators $22.00/hr; CDL Driver $27.00/hr. Additional personnel cost (35% benefit): $75,676. Total additional revenue need: $140,676 (including $35,000 Equipment Reserve, $15,000 Closure Reserve, $15,000 Carryover). Rate increases: In-County C&D $35→$47; In-County MSW $40→$52; Out-of-County C&D $40→$52; Out-of-County MSW $50→$62. Rate increase needed: $10.88/ton. Projected annual revenue: $661,233 (+27.0%). Recommended motion: direct staff to prepare a resolution implementing Scenario B effective January 1, 2027.
    • Scenario C – Fully Competitive Compensation: Supervisor $28.00/hr; Operators $24.00/hr; CDL Driver $30.00/hr. Additional personnel cost (35% benefit): $100,948. Total additional revenue need: $210,948. Rate increase needed: $16.32/ton. Projected annual revenue: $731,505 (+40.5%).
  • Five-Year Reserve Accumulation under Scenario B (Recommended): Equipment Fund $175,000; Closure Fund $75,000; Carryover Reserve $75,000. Total Reserve Accumulation: $325,000. (Page 77)

14. Public Works Restructuring – Separation of Public Works/Landfill (Pages 80–93)

Presentation prepared by Commissioner Milburn dated 6/30/2025 examining the feasibility of separating the Bourbon County Transfer Station and Landfill from the supervision of Public Works.

  • Purpose: Work session to determine feasibility of separating the Bourbon County Transfer Station and Landfill from Public Works supervision. The definition of feasibility is the state or degree of being easily or conveniently done. (Page 82)
  • Feasibility Findings: The actual separation requires only minimal action — the board approving the measure. The Landfill is already separated in the county budget. The Landfill budget is user-funded, not through taxes. The budget for employee benefits separates landfill from public works. Landfill budget excerpts for 2021, 2022, and 2023 showed unencumbered cash balance. (Page 83)
  • Landfill Staff (current): Supervisor and two personnel handling scale house, truck driver (CDL), C&D maintainer, Soybean spreader, and miscellaneous duties. New proposed additions: one supervisor, 2 scale/equipment operators, and one truck driver (CDL required). (Page 84)
  • Proposed Restructuring — Three Departments: Public Works (29 personnel, $1,137,920); Landfill (4 personnel, $165,440); Maintenance (4 personnel, $170,640); plus a new Safety Coordinator exempt position at $50,000 reporting directly to the BOCC. Combined total 38 personnel, $1,524,000 vs. 2025 combined Public Works/Landfill $1,498,050 — net increase of approximately $25,950. (Page 93)
  • Driving Factors: Risk assessment, benefit analysis, and cost analysis. (Page 87)
  • Advantages to Restructuring: Improved efficiency; each department would have its own supervisor responsible directly to the BOCC; resource allocations through Maintenance department for overall equipment operations ensuring availability and safety. Each department’s day-to-day operations streamlined, creating task-oriented departments. (Page 91)

15. Bourbon County Opioid Grant Program – Request for Proposals and Grant Application Forms (Pages 95–107)

The packet includes the full Bourbon County Opioid Grant Program Request for Proposals (RFP) and blank Grant Application form for organizations seeking funding from opioid settlement funds.

  • Background: Bourbon County Ks has received opioid settlement funds and is expected to receive more over the next 18 years. Individual requests may not exceed $50,000 for implementation and expenditure from January 1 through December 31, yearly. (Page 95)
  • Eligible Applicants: Organizations exempt from federal income tax under Section 501(c)(3) serving Bourbon County, Kansas; special purpose units of government; community groups with a 501(c)(3) fiscal sponsor. No individuals or non-qualifying organizations. (Page 95)
  • Funding Priorities: Projects implementing core abatement strategies — increasing naloxone availability; low-threshold access to medication treatment for opioid use disorder; warm hand-off programs; evidence-based treatments for incarcerated individuals; school- and community-based prevention programs; data collection and evaluation. Also: evidence-based programs; prevention projects needing one-time/start-up costs; projects serving marginalized/underserved populations; trauma-informed, culturally sensitive programs. (Page 96)
  • Reporting Requirements: Grantees submit a written midterm report; final report due 30 days following project completion and no later than one year plus 30 days after grant award date. (Page 96)
  • Application Forms: Blank application forms included covering Applicant Information, Statement of Need, Project Description, Target Population, Goals/Objectives/Performance Measures, Evaluation Plan, Organizational Capacity & Community Collaboration, and Applicant Certification. Submit to: Bourbon County Commission, 210 S. National Avenue, Fort Scott, KS 66701. Questions to the Bourbon County Commission or designated Opioid Fund Administrator. (Pages 97–107)

16. HR Contract/Sourcing – Prospective Local HR Consultant Letter (Page 108)

The packet includes correspondence from Millie Lipscomb ([email protected]), dated August 12, 2026, addressed to Commissioner Joe Allen, expressing interest in serving as HR consultant for Bourbon County. Lipscomb stated she had been following HR activities closely and offered a lower fee than the current contractor, with no agenda other than keeping the department compliant and available to both employees and commissioners. She is a member of SHRM (Society of Human Resource Managers). The letter was forwarded to the County Clerk by a subsequent follow-up. Contact: 620-224-0326.

17. District Court Temporary Relocation – Project Checklist (Pages 109–110)

Project checklist for the temporary relocation of Bourbon County District Court necessitated by the courthouse elevator being out of service.

  • Project Details: Current location: 210 S. National, Fort Scott, KS. Temporary location: 108 W. 2nd St., Fort Scott, KS. Move-in and operational date: October 21, 2026. Expected duration at temporary location: approximately 30 days. Return/project completion date: November 21, 2026. (Page 109)
  • Task Checklist (12 items):
    • 1. Conduct inspection of temporary facility at 108 W. 2nd St.
    • 2. Develop floor plan for courtrooms, offices, and public areas.
    • 3. Inventory furniture, equipment, records, and supplies (Moved in).
    • 4. Verify telephones, internet, and network services (Installed).
    • 5. Purchase courtroom technology and audio/video equipment (Installed).
    • 6. Purchase courtroom security cameras (Installed).
    • 7. Notice signs of move for perimeter and inside courthouse.
    • 8. Publish public notices and media announcements.
    • 9. Clean up at 108 W 2nd Street.
    • 10. Wall removal in front of reception window.
    • 11. Assist court moving records, furniture, and equipment.
    • 12. Set up furniture and office workstations at temporary location.
  • To Do/Needs List: 6-foot tables ×10; Chairs ×40; Office chairs ×3; Basic camera to monitor open space ×1; Smart TV 50″ ×3 (potentially ×2 if existing TV works); Stands to hold device ×8; Wireless internet access points throughout; entire space needs cleaning; move desk in corner office; phone system solution; public notice in newspaper and posting on main floor; wall removal in front of window. (Page 110)

Bourbon County Sheriff’s Office Daily Report – August 31, 2026

Bourbon County Sheriff's Report

Bourbon County Sheriff’s Office Daily Report – August 31, 2026

Arrested

Hofmeister, Jaxon Miloy (Age 23) — Arrested 8/28/2026 1:15 PM by Bourbon County Sheriff’s Office. Charge: Warrant – Failure to Appear. Bond: $0.00 (No Bond).

Eisenbrandt, Jonah Isaiah (Age 46) — Arrested 8/28/2026 6:00 PM by Bourbon County Sheriff’s Office. Charge: Sanction. Bond: $0.00 (No Bond). Released 8/30/2026 6:00 PM via Time Served.

McKinney, Nicole Jessica (Age 42) — Arrested 8/29/2026 12:31 PM by Bourbon County Sheriff’s Office. Charge: Warrant – Bourbon County (Failure to Appear). Bond: $0.00 (No Bond).

Steeley, Jeremy Glenn (Age 49) — Arrested 8/30/2026 6:51 PM by Bourbon County Sheriff’s Office. Charges: Possession of Certain Stimulants, Use/Possession of Drug Paraphernalia/Human Body, Warrant – Bourbon County (Failure to Appear) (Case No. BB-2026-TR-000301). Bond: $1,500.00 (Cash/Surety).

Released

Eisenbrandt, Jonah Isaiah — Released 8/30/2026 6:00 PM via Time Served (Self).

Stinnett, James Ray — Released 8/28/2026 4:09 PM via Cash Bond (Jessica Motley).

Total Inmates Released: 2

Documents:

History of the Discussions on County Commission Minutes

The Bourbon County Commission meets Monday, and one of the first items is a set of minutes it already sent back — the Aug. 17 minutes, tabled on Aug. 24 after Commissioner Mika Milburn-Kee said they needed “extensive revision.”

That is not unusual. The commission has sent minutes back over the past ten months, and not always for the same reason. Members have never agreed among themselves on what the minutes are supposed to be.

The county has used AI software to help produce its minutes since at least the fall of 2025. The current program, HeyGov, was demonstrated to the commission in January 2026 by then-Clerk Susan Walker. It offered three levels of detail, she said then — “a simple level, a medium level and a detailed level.”

Acting County Clerk Michael Hoyt described the current process: after a meeting is uploaded to the county’s YouTube channel, the video is downloaded as a file and run through a program called HeyGov, which transcribes the meeting and matches what was said to each item on the agenda. Hoyt then proofs the draft against his own notes.

“All I have to do is go through and proof to my notes — you know, who made the motion,” he said. “Even sitting there as close as I am, you sometimes don’t hear who seconded, or if two second at once, who wants to take credit for it.”

The draft then goes into the agenda packet for the next meeting. The commission either approves it, or gives corrections and approves it later. Once signed, it is the official record.

Hoyt said he checks requested corrections against the video before making them, because “I’m the keeper of the records. Even though it’s their meeting and it’s their minutes, they still can’t make things up after the fact.”

The method is not new. In October 2025, Walker described nearly the same pipeline with different software. “I take what’s on YouTube and I take that link and push it into this software,” she told the commission. “And then it can produce a full transcript, but it was 145 pages long.”

The alternative is doing it by hand. Walker said a full-length meeting took her office about eight hours, “because you have to sit up there and listen to everything and then try and figure out who the speaker is.”

The commissioners’ requests have not pointed the same direction.

At the Oct. 20, 2025 meeting, with the commission ten sets of minutes behind, then-Chairman David Beerbower read out his view of what belongs in them, and argued against detail.

“They are official, they are permanent, they are legal record,” Beerbower said. “They are distinct from a full transcript, though. Details that should be in there is motions and resolutions, voting outcomes, summary of discussions — but it is not a direct quote.”

A week after Beerbower’s speech, Chairman Samuel Tran asked for more — and what happened to that request is instructive.

The minutes he objected to covered an Oct. 22 special meeting on the county’s decision to move payroll out of the clerk’s office. Walker had read a prepared statement, and the minutes record its sharpest line: “The decision to remove payroll responsibilities from the clerk’s office was portrayed as a cost savings, improved processes. I must say plainly that it was not an operational improvement, it was a political move.”

The minutes give Walker five bullet points, ending with that accusation. They give the commissioners five, all procedural — reach out to the vendor, get everyone to the next meeting, discuss the timeline, review the noise ordinance, “Commissioner Beerbower will contact legal counsel.” Nothing the commissioners said in reply appears.

They said a good deal. Tran answered at length: “In everything I’ve ever done in my life you either help or you hinder — if we have a problem, come to the table with the solution or a possible solution, not hindrance.” And: “We’re sitting here, I’m listening to a speech that does not paint us well in a public forum. We are elected by them. We are their voice. And I apologize for being terse, but I’m very frustrated.”

Tran did not dispute Walker’s cost figures or her account of how the decision was made; his objection was to the speech being delivered in public. The closest thing to an answer on the substance came from Beerbower: “And that’s a decision that we made at the time. And I’m going to stick with that.”

At the Oct. 27 meeting, Tran asked for those replies to be added, but the version the commission went ahead and signed on Dec. 1, 2025 appears to have been unchanged.

By June 2026 the software was producing longer minutes, and Tran objected to how they read. At the June 15 meeting, citing the May 11 minutes, he singled out phrases like “attempted to,” “push back gently” and “echo this point forcefully.”

“Minutes should be very bland. It should not have narratives in it,” Tran said. “I think we need to go back to just reporting what people say and leave it alone and not paint certain commissioners in a bad light.” He said the concern was not about any one commissioner.

The June exchange showed some differing opinions about what the commissioners think they can ask for.

Walker responded to Tran by explaining that the software produces long, medium and short versions, and that she had already changed which one she used.

Before, I was being ridiculed for not doing enough, and so I went to the long version,” Walker said. “And now I’m being told the long version is [wrong], so now I need to go back to the medium version or the short version?”

Tran declined to say which he wanted.

“I’m not telling you anything, Madam Clerk. I’m not telling you anything. You’re an elected official. You do your job the way you see fit,” he said. “I’m just saying the final product does not meet my expectation of what minutes should be.”

On July 6, Beerbower put the question on the agenda to settle it: pick one of the three versions and move on.

He argued for the shortest, because “it provides just what is necessary by law to have.” Minutes “shouldn’t be about what you say,” he said, “it should be about what was done in the meeting.” Motley agreed: “My vote would be the short version.” Joe Allen said he had no preference, noting school boards “keep a shorter minute.”

Milburn-Kee’s answer was again about accuracy rather than length. “I’m happy with whichever one you want, Mr. Beerbower. I will read and correct whatever I need to do,” she said. “If they don’t send them to me with mistakes, I won’t have to make any corrections.”

County Counselor Bob Johnson gave the legal standard. “You shouldn’t have editorialized minutes,” he said. “It should be a concise description and summary of what was done. And I think that’s the law.” He added that the county’s minutes run “generally three times longer” than those of other boards he works with.

Tran said length had never been his concern. “That’s all I’m asking for, whether we vote on the long, the medium, or the short version,” he said. “To me, it’s always been one adjective in there changes the narrative.”

Then Tran made the motion: “So I move that we approve the short minute version of our minutes.” Motley seconded. The minutes of that meeting record that it carried unanimously.

Six weeks later, Tran asked for something the short version does not produce. At the Aug. 17 meeting, reviewing minutes that condensed Walker’s resignation statement, Tran said the full text should be in the record.

“I think it would be a disservice to the county if we did not include the whole verbiage of that resignation statement,” he said. Asked by Beerbower whether the letter would already be in county records anyway, Tran said the minutes are what people actually go to: “Very few people go back through and look at the actual documents.”

The commission agreed. Walker’s full three-page statement was attached to the Aug. 10 minutes, which were approved Aug. 24.

Running alongside the disagreement over length is a separate one about accuracy, and that request has been the same throughout.

Walker told the commission in June why speakers get mixed up: “It doesn’t pick up your voices because you don’t announce when you’re talking, and so therefore sometimes it might get Beerbower and Allen mixed up.” She added, “Oftentimes it says Mrs. Milburn is a man.”

Milburn-Kee has raised the same point at least three times. In October 2025 she asked that “great attention be paid before they’re sent to us in the first place.” A week later: “It’s important for me not to have extra things that are untrue in there, mainly.” On Aug. 24 she said it again: “Please, please make sure the right speaker is notated in there before sending it out as the minutes. I think I’m the only one bringing back edits for that.”

The commission takes up the Aug. 17 minutes again Monday, with corrections, and will review the Aug. 24 minutes.

Hoyt is doing the work alone. He said he is the only person in the clerk’s office, “replacing three people and doing it all.” He is seeking appointment as county clerk at the Bourbon County Republican convention on Sept. 1.

Bourbon County Sheriff’s Office Daily Report – August 27, 2026

Bourbon County Sheriff's Report

Bourbon County Sheriff’s Office Daily Report – August 27, 2026

Arrested

Adams, Rocketta Lashawn (Age 55) — Arrested 8/27/2026 2:06 PM by Bourbon County Sheriff’s Office. Charge: Warrant – Bourbon County (Failure to Appear) – Case No. 2025-TR-000524. Bond: $2,000.00 Cash/Surety.

McReynolds, Curtis Douglas (Age 43) — Arrested 8/27/2026 3:30 PM by Bourbon County Sheriff’s Office. Charges: Flee or Attempt to Elude; Accident/Property Damage, Reckless Driving. Bond: No Bond.

Rose, Ashley Dawn (Age 42) — Arrested 8/27/2026 6:00 PM by Bourbon County Sheriff’s Office. Charges: Burglary – Building is a Dwelling, Interference with LEO – Obstruct/Resist Felony, Possess Opiates/Opium/Narcotic Drug and Certain Stimulants, Possession of Certain Hallucinogenic Drugs, Use/Possession of Drug Paraphernalia/Human Body. Bond: No Bond.

Released

Chinn, Darius Cole — Released 8/27/2026 8:54 PM via Surety Bond (A+ Bonding).

James, Vicki K — Released 8/27/2026 1:42 PM via Time Served (Self).

Steeley, Jeremy Glenn — Released 8/27/2026 5:57 PM via Surety Bond (Able Bonding).

Total Inmates Released: 3

Documents:

Walk-in hunting at the old landfill is off; the sale now waits on environmental paperwork

Four weeks after narrowly enrolling the old county landfill in the state’s walk-in hunting program, Bourbon County commissioners unwound the deal Monday. The sale of the land is dependent on environmental paperwork the county has owed on the property for years.

“I’m making a motion to withdraw our contract with the walk-in hunting on the old” landfill, Commissioner Joe Allen said. “The reason why is the city has opted out on their portion, and this was a package deal, and so we need to opt out on our side.” (video, Aug. 24, 65:54)

The board then voted to list the roughly 24-acre parcel — southwest of Oak Grove Cemetery at 225th Street and Native Road — for sale, but only after groundwater testing and only with a restrictive covenant filed against the deed. Commissioner Mika Milburn-Kee supplied the conditions in her second: “pending water testing and restrictive covenant.” (video, 68:22)

Chairman Gregg Motley explained: “The big one is groundwater, because if that groundwater travels, we can’t expunge ourselves from liability.” (video, 67:12)

Four weeks, four meetings

The walk-in hunting idea arrived on July 27, when Justin Harbit, a wildlife biologist with the Kansas Department of Wildlife and Parks, pitched enrolling the parcel in the Walk-In Hunting Access program: about $10 an acre per year — roughly $260 for the tract, by Chairman Samuel Tran’s math — with the state posting, patrolling and publishing the ground in its hunting atlas, and covering liability — Harbit pointed commissioners to a state recreational-use statute. (video, July 27, 30:09) Commissioner David Beerbower moved to enroll the same night, and it passed 3–2 — Beerbower, Motley and Allen in favor — over objections from Milburn-Kee and Samuel Tran that the public had not been given notice. County Clerk Susan Walker flagged another issue in the same discussion: the county has “an obligation” on file from the landfill’s closure, and the ground cannot be used for anything that disturbs the soil for 30 years, a restriction that runs to 2039. (video, 46:53)

On Aug. 3, as the contract came back for signature, Tran read aloud an email reply the clerk had obtained from the Kansas Department of Health and Environment. Walk-in hunting itself was fine, KDHE wrote. It is considered an “acceptable post-closure use” that would not disturb the landfill’s cover soil. But on the restrictive covenant required on closed landfills under state regulation, “our files do not represent that [a] restrictive covenant has been filed, and Bourbon County has been notified several times that this is required.” KDHE gave the county until Sept. 30 to file one, noted the covenant “runs with the land so any further buyer is aware that a closed landfill is on the property,” and pointed out that under state law a buyer inherits the site’s post-closure care. Commissioners agreed to hold the matter until the county attorney returned mid-month to review the deed issues. (video, Aug. 3, 123:05) Beerbower, who had made the enrollment motion a week earlier, said he was still weighing other ideas for the property, “I’m not done researching some options for that land,” though when Motley asked whether he opposed signing the hunting agreement, he said no, “it wouldn’t impact that anyway.” (video, 120:54)

On Aug. 10, the neighbors arrived. Oak Grove Cemetery’s caretaker, Phillip Pavey, asked how the plan came about (video, Aug. 10, 26:50), and Milburn-Kee read a letter from Richard and Alyssa Cronemeyer, whose land adjoins the parcel: 24 years of trespassing hunters, cut fences, game cameras and deer stands on their trees, calls from out-of-state hunters wanting access and a reminder that roughly a decade ago a county commissioner had personally posted the ground against hunting. (video, 28:52) The same night, Milburn-Kee pressed the other unfinished obligation: “I ask that we fulfill our duty to the legalities of testing the water on that old site, which have not been fulfilled as to this point.” (video, 32:23) The board authorized her to draft a proposal directing Public Works to conduct the testing with KDHE and file the deed restrictions. (video, 55:22)

By Aug. 24, with the city out, the county withdrew. Beerbower reported one more wrinkle from his research: under the closure restrictions the land cannot be dug or built on — but “somebody that wants to use it for private hunting land” could buy it. (video, 67:21) Milburn-Kee offered the other possibility: “Or an adjoining neighbor that wants nobody to touch it.” (video, 67:46) Either way, one use that would survive a sale is the same one the county just declined to lease to the state. And the delinquent paperwork was on the commissioners’ minds as they voted: “we are delinquent,” Beerbower acknowledged. “We have until September or something.” (video, 68:06)

The city’s half of the deal

The county’s 24 acres were never the whole plan. Harbit told commissioners the City of Fort Scott owns “20 some” adjoining acres — 22, he said at a later meeting, that KDOT owns roughly 45 acres to the south, and that the goal was “one big contiguous block” of public hunting ground — but he would not enroll the city’s piece without the county’s, “just because of access and the size.” (video, July 27)

The city is no stranger to the program. It has held a walk-in hunting agreement with the state around Lake Fort Scott for years. City staff cited the agreement, which runs through 2027, as far back as October 2021, when staff raised it as the commission weighed — and tabled — an unsolicited $350,000 offer on 80 lake acres. The city’s 2018 comprehensive plan describes “many acres of walk-in hunting” around both Fort Scott Lake and Rock Creek Lake, and Harbit noted the city also has “a big chunk across the river at the wastewater treatment plant” — the reason the county tract was proposed as archery-and-shotgun only, to match the rules already posted next door.

Harbit and KDWP’s Don George were on the city commission’s Aug. 18 agenda for walk-in hunting contracts and a wildlife-parks grant. By Monday, Allen reported the city had opted out, but what the city decided, and when, is not yet in the public record: no recording of the Aug. 18 city meeting has appeared on the city’s YouTube channel, and approved minutes are not yet available.

The program the county walked away from

Kansas’s Walk-In Hunting Access program, started in 1995, leases more than a million acres statewide from landowners, mostly private, and opens them to public hunting on foot, no vehicles or camping, from fall through spring. Enrolled tracts are posted with the program’s signs, patrolled by the department, and published in the annual hunting atlas and a statewide GIS map. Harbit told commissioners the program is thin in eastern Kansas, where access is hardest to come by: “citizens and everybody … they’re just being priced out of hunting and fishing.” In Bourbon County, he said, the program already includes “all the city property and a handful of others.” (video, July 27, 41:56)

Contracts run September through May; long-term deals, historically 15 years for government-owned land, can pay up front in a single check, with a prorated refund owed if the land is sold or withdrawn mid-term. A federal Farm Bill grant, expected to be decided this fall, would have allowed such a long-term contract to be paid up front here. The program also offered habitat cost-sharing to knock down the Johnson grass on the county site.

What has to happen now

Before the parcel can be sold, two obligations from the landfill’s closure have to be met: the groundwater testing and the restrictive covenant KDHE expects filed by Sept. 30. The 30-year no-disturbance restriction runs with the land to 2039 either way, which is why, as Motley observed when the idea first surfaced, “landfills are hard to sell.” (video, July 27, 44:40)