At the beginning of the meeting, the commission spent a good deal of discussion on whether or not to approve the minutes for the previous 10 meetings.

Commissioner Mika Milburn had begun going through the edits on some of the minutes, but was unable to complete all of them.

Commissioner Samuel Tran also didn’t agree with the way the minutes recorded what he said.

County Clerk Susan Walker said that it takes one of her office personnel an entire day to transcribe a regular meeting if they don’t use a transcription service.

Commissioner David Beerbower said that the commission needs training on governance and the use of minutes. He also said they need to be careful not to get caught up on small issues in the minutes.

They are an official, permanent, legal record, Beerbower said. Details that should be included are motions and resolutions, voting outcomes, a summary of discussions, but not full transcripts, and action items.

He said the commission is ten sets of meeting minutes behind, and it’s time to move on.

Tran asked if the minutes could be brought up in a court of law.

Milburn said she plans to stay current with the ongoing minutes and catch up the rest over the next few weeks.

Beerbower and Tran spent time going over Milburn’s edits.

Beerbower moved to approve the minutes for Sept. 15, 16, and Oct. 7 with corrections. Motion carried.

Casey Brown – SEK-Cap Public Transportation

Scott Christianson, transportation director for SEK-Cap Public Transportation, also spoke to the commission.

BBGO’s transportation serves Bourbon County on Mondays, Wednesdays and Fridays by providing transportation to those who request it in the county. They will no longer be able to continue after Dec. 1 of 2025 due to lack of funds.

SEK-Cap is looking for support from the county for a grant they are writing in the form of a 30% match totaling $19,000, for the federal and state grants. CCAP made up the difference between what the county and City of Fort Scott gave toward the 2024 budget, but they are no longer able to do that.

They are asking the whole community for what they want and what can be feasibly supported. Going fewer than 3 days per week will be a hardship for many of the residents who rely on the rides for medical care.

Milburn said the commission has heard from several ride share organizations in the county. She also asked about what changes they could make to the program. She suggested alternative forms of fundraising, including mailers.

Tran said that the bulk of the rides are for the City of Fort Scott residents. The city has budgeted $5,000 for BBGO for next year.

They need everything solidified in planning and writing before the end of November. The state and federal funding is secured.

No action was taken.

Public Works: Equipment Repair

The loader is down at the quarry, said Dustin Hall from Public Works. Murphy Tractor says a new motor with a one-year warranty will be $82,000.  The loader is 11 years old with just under 10,000 hours on it. It hasn’t lasted as long as they expected. Without it, they don’t have a way to make gravel.

It’s still cheaper for the county to produce its own rock than to buy it.

Public Works has the funds in its budget, splitting the cost between Road and Bridge, and sales tax. Barring any further major issues, they are doing well for their budget carryover.

Hall also said that some equipment at the asphalt plant is damaged. They are unsure how to fix it, awaiting word from ADM, the manufacturer, about whether or not they can repair it, or will need to replace it. They cannot make asphalt until it’s repaired.

They can buy asphalt at $70 per ton to complete the portion of Yale Road that is ready to be asphalted.

Tran said they need to develop a good preventative maintenance plan for the Public Works department.

Milburn applauded the public works department for the standard operating procedures (SOP) they developed.

V. Pursuant to KSA 75-4319 (b)(1) to discuss personnel matters of individual nonelected personnel to protect their privacy.

Action from session: allow the chair to speak with HR regarding the matter was approved.

Consent Agenda
Approval of 10.17.25 Accounts Payable that was sent for review to the Commission on 10.17.25 (not mailed until approved on 10.20.25) – Accounts Payable $377,595.70
Approval of 10.17.25 Payroll that was sent for review to the Commission on 10.15.25 and allowed for payment per K.S.A. 12-105b (b)(1) $300,350.36

Consent agenda was approved. Beerbower and Tran voted for and Milburn against.

Milburn wanted another way to handle the consent agenda. Beerbower added it to the Nov. 3 agenda for discussion.

Public Comments for Items Not on The Agenda

Clint Walker: He wants the county to get an emergency preparedness director and encouraged the commission to apply for a grant to fund that position. He also mentioned a broadband grant for $30 million in the state of Kansas that the commission should apply for.

“We need these grants cause in the long run it saves us money,” he said.

Derrick Reigns: Thanked them for the moratorium. He also asked for a cease and desist. He said the noise was painful to his ears and causes headaches.

He said several people visited the site today, despite none of them coming to the commission meeting.

Tran said their legal representation is talking to the county’s legal representation, which is why they didn’t attend the meeting.

Beerbower asked Reigns if he had sought legal counsel. He then said the county would talk to legal before they take any further action.

Reigns said that if the county would pass a cease and desist, that would cause the mine operators to do something to improve the noise situation.

Jen Franklin: Expressed concern that the installation owners wouldn’t come unless a cease and desist forced their hand.

John Spade: his property borders the property where the mine is. “It boggles my mind how somebody can come in” and nobody knows until it happens. He said the commission was there to protect them, and they looked forward to having that protection.

The whole contingent expressed gratitude to the commission for hearing them out.

Old Business

108 W 2nd

Milburn said two contractors have looked at the building to see what’s needed to get the Sixth Judicial into the space. She’s awaiting their feedback.

EMS

Tran had a constituent express concern about the city’s contract with EMS. Terry, EMS director, said they have a contract with the city, and she decided on an all-call over the weekend when they had one truck gone to Joplin and another on an orthopedic call that may have required a trip north, leaving no ambulances in the county. The all-call was to be sure there was someone available to answer any further calls should the fire department be out on a fire call and unable to help. She said they rarely use the all-call option.

Noise Resolution

The commission should establish parameters for any noise resolution that the county needs to pass along to the planning commission, said Beerbower. He suggested they all research and start formulating a plan.

“We need to be moving forward with the noise resolutions. How do we want to do it? That’s the question,” he said. The resolution should address volume and duration.

“I’m not targeting any specific industry or group,” said Beerbower.

Noise resolution was added to the Nov. 10 agenda.

Greg Motley suggested checking with the Kansas Association of Counties for examples of what other counties have done.

Technology Discussion

Beerbower asked, at Sheriff Bill Martin’s request, to hold off on the work on the switches for the Sheriff’s Department until the sheriff can attend a meeting to discuss it.

Milburn said the sheriff should reach out to the project manager at Stronghold to discuss what he needs, rather than discuss it with the commission.

Meeting Resolution

Beerbower said that some changes were suggested the last time this resolution on how the commission will conduct its meetings was brought up. It replaces resolutions, 1025 and 1125.

He read the proposed resolution aloud.

After a great deal of discussion, the resolution passed, Milburn voting against.

New Business
SOP – Public Works

Tran read the standard operating procedures for sign installation in Bourbon County recently created by the Public Works Department head. He also read the one for culvert installation.

Milburn asked that the culvert SOP include having the commission approve it before installation.

Commission Comments

Beerbower: Both the Declaration of Independence and Constitution outline the rights of life, liberty and the pursuit of happiness. Everyone has the right to purchase property and use it as they see fit. However, the Supreme Court has ruled that you cannot put your neighbor at risk. “Clearly, the incident involving the generators does put our residents at risk.”

He said he is not against economic development, solar, wind, or crypto mining, but he is against neighbors putting their neighbors at risk. It is the job of the commission to protect the residents of the county.

Bourbon County Commission Agenda Outline: October 20, 2025

10.20.25 Agenda

Bourbon County Commission Chambers, 210 S National Ave. | Monday, October 20, 2025, 5:30 PM

I. Opening

• Call Meeting to Order
• Roll Call
• Pledge of Allegiance
• Prayer

II. Approval of Agenda

III. Approval of Minutes (unofficial until approved)

• September 15, 2025
• September 16, 2025
• September 22, 2025
• September 23, 2025
• September 26, 2025
• September 29, 2025
• October 6, 2025
• October 7, 2025
• October 14, 2025

IV. Presentation

• Casey Brown – SEK-Cap Public Transportation

V. Executive Session

• Pursuant to KSA 75-4319 (b) (1) to discuss personnel matters of individual nonelected personnel to protect their privacy.

VI. Resolutions Brought for Signature

• Law Enforcement Fund Resolution returned for signatures

VII. Consent Agenda

• Approval of October 17, 2025, Accounts Payable ($\$377,595.70$)
• Approval of October 17, 2025, Payroll ($\$300,350.36$)

VIII. Public Comments for Items Not on The Agenda

IX. Old Business

• 108 W 2nd
• Bitcoin Mining
• Noise Resolution
• Gov Deals
• Technology Discussion
• Meeting Resolution

X. New Business

• SOP Public Works
• Culverts
• Sanitation Discussion
• Resident Complaint

XI. Department Updates

XII. Build Agenda for following meeting

XIII. Commission Comments

XIV. Adjournment

Detailed Summary of Information Packet

The rest of the packet consists of minutes from past meetings, a draft Executive Session form, future agenda items, and financial/support documents.

Future Items and Forms (Page 2)

The packet includes a standardized form for Executive Sessions, listing various statutory reasons such as personnel matters, attorney-client privilege, and security measures. Future agenda items listed include the Vehicle Lease Program, Economic Development, the Elevator, and Elm Creek Quarry.

Past Meeting Minutes Summary

September 15 & 16, 2025 (Pages 3-11)

These minutes focus heavily on the budget and financial decisions.

• The Commission held a public hearing on the budget (Page 3).
• Approved funding Phase One of the First Responder Radio System Upgrade with Tusa Consulting for $32,680 from the jail sales tax fund (Page 7).
• Approved the Sheriff using $10,884 from the jail sales tax fund to upgrade jail phones (Page 7).
• Authorized the Clerk to apply for an elevator variance to continue current operations while exploring modernization options (Page 7).
• The special meeting on September 16 finalized a proposed mill levy of 59.391, which would result in approximately $451,000 in cash reserves (Page 10, 11).

September 22 & 26, 2025 (Pages 12-22)

These meetings covered budget review, appointments, and other administrative matters.

• The Commission discussed a potential $106,000 shortfall in the Sheriff’s 2026 budget (Page 12).
• Heard a presentation on the Enterprise Fleet Management Vehicle Leasing Program (Page 12).
• Appointed individuals to the newly formed Bourbon County Planning Commission (Page 13, 16).
• On September 26, the Commission adopted a budget with a final mill levy of 54.678, which is below the revenue neutral rate (Page 22).

September 29, 2025 (Pages 23-26)

Key decisions made during this meeting:

• Decided to proceed with a full modernization of the courthouse elevator (Page 23).
• Agreed to seek bids for either repair or demolition of the 108 W 2nd Street building (Page 24).
• Approved signing a grant application for Bridge 19.2Q on Jayhawk Road, with a county contribution of $82,000 (Page 25).

October 6 & 7, 2025 (Pages 27-35)

Topics included administrative oversight and financial access.

• The Commission voted to take no action on the 140th Street road closure application (Page 27).
• The Commission gave the Clerk direction to provide the Treasurer immediate access to payroll and accounts payable systems (Page 29).
• The Commission moved to allow only the Commission to give direction to the Public Works department (Page 29).

October 14, 2025 (Pages 36-41)

This meeting involved the formal adoption of a key resolution.

• The Commission signed the Law Enforcement Fund Resolution, which establishes the legal framework for the fund’s operation (Page 40).

Financial and Supporting Documents (Pages 42-133)

• Accounts Payable/Invoices (Pages 42-108): Detailed invoices make up the largest portion of the packet, supporting the $377,595.70 Accounts Payable amount listed in the agenda. Expenditures cover various funds including General Fund, Landfill, Road & Bridge Sales Tax Fund, and Ambulance Service.
• SEK-Cap Public Transportation Data (Pages 109-110): This section provides ridership statistics and a written plea for increased local financial support to ensure the sustainability of public transportation services.
• Supporting Images (Pages 111-133): The final pages contain numerous images, likely consisting of forms, site evaluations, request forms, and installation photos, which typically serve as supporting documentation for agenda items such as culvert installations or other Public Works projects.

At the beginning of the Bourbon County Commission meeting the approval of the minutes from eight previous meetings was put on hold when Commissioner Mika Milburn said she had several revisions to make to the minutes before approval and asked to bring them back at the next meeting. She also asked that greater attention be paid to the minutes before they are sent to commission.

County Clerk Susan Walker addressed Commissioner Samuel Tran’s questions about redundancy he saw in the minutes, saying she had run the minutes through a program called Copilot, which summarized each speaker’s words, allowing for attribution.

From the audience, Michael Hoyt addressed the commission regarding the motion to wait to approve the minutes until after Milburn edits them. He said thought they aren’t supposed to be verbatim, the minutes should not be untruthful

“What I said is not what was written down,” he said of the minutes’ record of his remarks at the Sept. 15 meeting.

Consent Agenda
Approval of 10.10.25 Accounts Payable $161,009.81

Milburn asked if they could change the current format of approval for payroll. Payroll goes out before commission meetings.

Attorney Bob Johnson said the commission is required to approve all expenditures at some point.

Approval of tax corrections

Milburn asked for an explanation of the tax corrections, and said she wants to see them.

Walker said that the corrections are for those who have appeals or changes in property. They contain personal identifiable information and cannot leave the courthouse. Corrections are started with the appraiser’s office, moved to the clerk’s office, are approved by the commission, then sent to the treasurer’s office.

Johnson said that most tax corrections are handled by the county’s appraiser.

Trailer Reconsideration

Dustin Hall & Kenny Allen from public works came to the commission because they found they can buy a new trailer for $8,000 more than the used one they were given approval for last week. It’s the exact same trailer model as they have now. The new trailer has a 2-year 100% warranty. It will cost $93,000 with $2,500 shipping cost. Last week the commission approved the purchase of a used trailer at $85,000.

Milburn confirmed with Hall that it is within the landfill’s budget.

The commission approved the purchase.

Tran asked them to pass on to their department that folks in Uniontown are pleased with the work that Public Works has done on their roads.

Bitcoin Mining Discussion

Commissioner David Beerbower mentioned the moratorium sample he handed out last week. Johnson said it would only apply to new activity, stopping the growth for now. Going backward is much more difficult.

“The idea of a moratorium is generally to allow your zoning or planning commission to come up with rules and regulations to monitor what your issues are,” he said.

Beerbower asked about the effect of a noise resolution. Johnson said nuisance law would be the type of action necessary.

Jill Franklin, who lives a half-mile from the installation, thanked the commission for trying to do anything to help.

“Just saying they’re not going to get any louder” is not going to help, she said. She also said the noise is untenable.

Beerbower moved to go forward with the moratorium, published in resolution form.

Tran said that using a generator to extract natural gas is not new in Bourbon County, though using it to generate electricity to mine bitcoin is. He then asked if regulating this would be opening the county up to litigation.

Beerbower pointed out that the 12-month moratorium is only directed at cryptocurrency mining, not the production of natural gas.

David Ranes, from the audience, asked if any of the commission members agreed with “what they’re doing” regarding the noise issues. He said they shouldn’t be afraid of litigation.

Johnson said that the commission’s job is to follow the law. The current bitcoin mining operation was put in place before there was any legal requirement.  He also said there are private remedies in nuisance law.

“I want you to follow the law, but I don’t want you to be afraid of the law,” said Ranes.

John Franklin, from the audience, said, “I think it would be really easy to argue that this is doing someone some harm.”

“The guy’s being aurally attacked non-stop, 24/7,” he said, encouraging the commission to look at solving the issue creatively.

The moratorium passed unanimously to be published and signed at the next meeting.

Tran asked for permission to address the audience. He recommended that they come next week. The bitcoin mine operator will be at the meeting next week. Tran encouraged civil participation in the discussion, saying he wants to give “due process” to everyone involved.

Hoyt asked if the county has the authority to ask them what they are doing on the property. Tran said the building looks like a two-story industrial building. He said the owner set it there because it’s the hub of a field of gas lines.

Hoyt asked if they are tax evading. Beerbower said he asked the appraiser to visit, but hasn’t heard back on that yet.

Tech Discussion

Milburn said she spoke with the lead at Stronghold about the project they are working on for the county. They have identified the sheriff’s office as having a major problem. They have a quote for hardware to update the sheriff’s office, which is out of compliance and three years past due for switch upgrades. There is a technology reserve that could fund the $11,333 hardware purchase.

They tabled the issue until next week so they can look at the packet.

Beerbower said the EMS director said their system went down over the holiday, and it was hard to get any help. Tran said Stronghold should have access to the courthouse for situations like that and not have to wait for a county employee to come let them in. Beerbower agreed, and Milburn, as courthouse liaison, will handle it.

Insurance Update

Milburn met with the insurance company on Oct. 13 about their rates. They provided a transcript of the meeting.

The biggest talking point of the meeting is that the county has a loss ratio of 117%, which makes their rates unaffordable on the current plans, so they will work on some new plans to present to the commission in a couple of weeks.

Tran asked what Milburn’s gut feeling on it is.

“I think they’re going to build us additional plans to make sure that everybody has something that’s affordable,” she answered.

The county’s loss ratio was 95% during the commission’s budget meetings.

They put it on the calendar for Oct. 27.

190th Street Benefit District

Johnson is still awaiting contact from the owners in the district. All the owners must agree, and they have to create an agreement with the county for repayment.

If someone defaults on that agreement, the amount is added to their tax, creating a lien on the property.

Eagle Road

Beerbower said he has heard from several residents on that road who do not want the speed limit raised, as was discussed in a previous meeting.

He moved to leave the speed limit at the current posted speed and take no further action. Motion carried.

95th & Unique

The commission decided to table it indefinitely.

Planning Commission

Jason Yount will take Brent Smith’s spot on the commission, per the county commission’s vote. Now the planning commission is full, and Johnson will reach out to the commission members to set up a meeting.

Elevator

Milburn said that the courthouse building maintenance department is working on getting quotes on repairs. To be discussed again Nov. 3.

Meetings Resolution

Beerbower read a resolution to adopt Robert’s Rules of Order to conduct commission meetings except where they conflict with the law or other procedures outlined in the resolution. The resolution also included procedures for building the meeting agenda and conducting the public comments portion of the meeting.

Sheriff Bill Martin expressed concern with the resolution section saying that his department will remove anyone who disrupts the meeting. He strongly suggested that the commissioners consider attending a training meeting to be held at the end of the month that will instruct them in how to deal with disruptive citizens in meetings.

The commission will continue discussion at the Oct. 20 meeting with the goal of passing a resolution at the Oct. 27 meeting.