Category Archives: Bourbon County

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

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

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

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

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

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

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

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

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

A comprehensive plan built around wind, solar and data centers

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

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

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

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

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

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

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

Appraiser hire authorized after a day of interviews

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

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

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

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

Burn ban lifted

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Also before the commission

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

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

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

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

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

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

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

Bourbon County Sheriff’s Office Daily Report – September 15, 2026

Bourbon County Sheriff's Report

Bourbon County Sheriff’s Office Daily Report – September 15, 2026

Arrested

Alverto-Lopez, Angel Eduardo (Age 21) — Arrested 9/15/2026 7:14 AM by Fort Scott Police Department. Charges: Human Smuggling x6, Operate a Motor Vehicle Without a Valid License, Possess Paraphernalia (Unknown Misdemeanor), Possession of Marijuana. Bond: $0.00 (No Bond).

Released

Anderson, Adam — Released 9/14/2026 11:15 AM via Surety Bond (A+ Bail Bonds).

Carson, Lowell — Released 9/14/2026 1:47 PM via Surety Bond (Able Bonding).

Finchum, Brandon Keith — Released 9/14/2026 11:00 AM via Time Served (Self).

Hegge, Jaimie Sueann — Released 9/14/2026 10:52 AM via Surety Bond (A Plus Bonding).

Houdashelt, Randy Keith — Released 9/14/2026 10:31 PM via Own Recognizance (Self).

Litchfield, Leslie Lee — Released 9/14/2026 8:00 PM via Surety Bond (Able Bonding).

Morris, Johnathan Imar — Released 9/14/2026 11:36 AM via Surety Bond (Able Bonding).

Young, Leslie — Released 9/14/2026 10:24 AM via Surety Bond (Able Bonding).

Total Inmates Released: 8

Documents:

Bourbon County Commission Agenda Summary for Sept. 14, 2026 Meeting

Bourbon County Commission

Bourbon County Commission Meeting Agenda – September 14, 2026, 5:30 PM

agenda-packet (full PDF)

Agenda as of September 11th, 2026 6:49 PM Central for the September 14th, 2026 5:30 PM meeting, fetched from HeyGov when this draft was created.

  • I. Call Meeting To Order (Page 1)
  • II. Pledge Of Allegiance (Page 1)
  • III. Prayer (Page 1)
  • IV. Introductions (Page 1)
  • V. Public Hearing (Revenue Neutral Rate) (Page 1)
  • VI. Approval Of Agenda (Page 1)
  • VII. Approval Of Minutes (Page 1)
  • VIII. Approval Of Accounts Payable $ (Page 1)
  • IX. Public Comments (Page 1)
  • X. Executive Session K.S.A. 75-4319 (b)(1) – Subject: a specific employee pay request (Page 1)
  • XI. Department Updates (Page 1)
    • a. Darla Hout with Lexipol Grant-Finder – radio project, by phone (sheriff)
  • XII. Old Business (Page 1)
  • XIII. New Business (Page 2)
    • a. Citizen Involvement by K. Allen – Milburn
    • b. Request for Fence Viewing – Motley (Page 29)
    • c. KC Crown Inc. Fort Scott Project – Motley (Pages 33–35)
    • d. HR RFP – Allen (Pages 36–38)
  • XIV. Commission Comments (Page 2)
  • XV. Future Agenda Topics (Page 2)
  • XVI. Adjournment (Page 2)

Detailed Information Packet Summary

1. Meeting Agenda Overview (Pages 1–2)

The September 14, 2026 regular meeting of the Bourbon County Board of County Commissioners is scheduled for 5:30 PM at 210 S National Avenue, Fort Scott, KS 66701. This meeting will include a public hearing for Revenue Neutral Rate (R&R) also at 5:30 PM.

2. Notice of Hearing to Exceed Revenue Neutral Rate and Budget Hearing (Page 3)

The governing body of Bourbon County will meet on September 14, 2026 at 5:30 PM at 210 S National Avenue, Fort Scott, KS 66701 for the purpose of hearing and answering objections of taxpayers relating to the proposed use of all funds and the amount of ad valorem tax and Revenue Neutral Rate. Detailed budget information is available at https://www.bourboncountyks.org/. Publication date: August 29, 2026. Commission Chairman: Gregory Motley.

Budget Summary – Proposed 2027 vs. Prior Years:

  • General Fund: 2025 Actual $3,039,701 (12.754 mills); 2026 Estimate $3,380,151 (13.004 mills); 2027 Budget Authority $3,605,838, Ad Valorem Tax $1,869,572 (13.004 mills)
  • Appraiser: 2025 $237,206 (1.563); 2026 $250,324 (1.672); 2027 $272,600 / $240,360 (1.672 mills)
  • Election: 2025 $77,665 (0.514); 2026 $109,614 (0.760); 2027 $130,101 / $109,197 (0.760 mills)
  • Employee Benefit (062): 2025 $2,445,662 (17.347); 2026 $2,502,271 (16.228); 2027 $3,021,399 / $2,333,049 (16.228 mills)
  • Intellectual Disabilities (116): 2025 $55,000 (0.378); 2026 $55,000 (0.367); 2027 $72,700 / $52,711 (0.367 mills)
  • Law Enforcement (120): 2025 $2,613,356 (13.332); 2026 $2,584,125 (12.146); 2027 $3,294,653 / $1,746,255 (12.146 mills)
  • Noxious Weeds (200): 2025 $157,586 (0.708); 2026 $160,000 (0.607); 2027 $181,500 / $87,200 (0.607 mills)
  • Road & Bridge (220): 2025 $2,813,558 (10.375); 2026 $2,780,291 (9.976); 2027 $3,210,893 / $1,434,205 (9.976 mills)
  • EMS (375): 2025 $1,072,005 (2.268); 2026 $1,191,603 (1.918); 2027 $1,300,944 / $275,747 (1.918 mills)
  • Landfill (118): 2025 $756,968; 2026 $785,002; 2027 $881,880
  • Road & Bridge Sales Tax (222): 2025 $1,109,600; 2026 $1,605,186; 2027 $1,807,000
  • Sewer Dist. #1 (358): 2025 $31,730; 2026 $34,198; 2027 $34,197
  • Jail/County BLDG Sales Tax (370): 2025 $1,070,652; 2026 $1,079,084; 2027 $1,248,404
  • Opioid Fund (378): 2025 $33,337; 2026 $69,323; 2027 $0 (0.000 mills)
  • Emergency Svcs Sales Tax (399): 2025 $710,910; 2026 $1,000,000; 2027 $1,000,000
  • Totals: 2025 $16,531,795 (59.900 mills); 2026 $17,516,849 (56.678 mills); 2027 Budget Authority $20,131,432, Ad Valorem Tax $8,148,297 (56.678 mills)
  • Revenue Neutral Rate: 54.661 mills
  • Total Tax Levied: 2025 $7,977,466; 2026 $7,858,151
  • Assessed Valuation: 2025 $133,307,804; 2027 $143,767,695
  • Outstanding Indebtedness (January 1): G.O. Bonds 2024: $6,313,900 / 2025: $5,906,400 / 2026: $5,050,000; Lease Pur. Princ. 2024: $2,544,126 / 2025: $3,324,205 / 2026: $3,098,088; Totals: 2024: $8,858,026 / 2025: $9,230,605 / 2026: $8,148,088

3. Official Meeting Minutes – August 31, 2026 (Pages 4–8)

  • Attendance & Logistics: Present: Commissioners Mika Milburn (District 5), David Beerbower (District 2), Joe Allen (District 3), Gregg Motley (District 4), Deputy County Clerk Michael Hoyt. Absent: Commissioner Samuel Tran (District 1). Citizen attendance: Clint Walker, Rachel Walker, Jean Tucker, Marlon Merida, Jason Silvers, Millie Lipscomb, Anne Dare, Jennifer Hawkins, Teri Hulsey, Mike Wunderly, Tim Emerson, Kevin Allen. Meeting held at 5:30 PM, 210 S National Ave, Fort Scott. (Page 4)
  • Agenda Modifications: Approved as amended – removal of the resolution setting meeting rules review, addition of a public comment period, amendment of the District Court relocation item to remove Commissioner Beerbower’s name, and addition of an executive session line for appraiser hiring. Motion by Milburn, seconded by Motley; carried unanimously. (Page 4)
  • Approval of Accounts Payable: Approved minus two Murphy Tractor invoices totaling $7,849.00, withheld pending verification the charges were for tires rather than training. Motion by Milburn, seconded by Motley; carried unanimously. (Page 4)
  • Minutes Approval – 08/17/2026: Approved without amendment. Motion by Beerbower, seconded by Allen; carried unanimously. (Page 4)
  • Minutes Approval – 08/24/2026: Approved pending two corrections (spelling of Milburn name; removal of editorial note on page 2). Final to be presented at next meeting 9-8-2026. Motion by Beerbower, seconded by Allen; carried unanimously. (Page 4)
  • Public Comment: Kevin Allen raised concerns about proposed transfer station rate increases and wage adjustments in the public works restructuring proposal, questioning CDL driver wage increases without corresponding raises for other staff, timing of rate increases, and financial impact on local businesses and residents. (Page 5)
  • Department Updates – Treasurer Jennifer Hawkins: Tax sale attorney completed first Tribune publication; second publication scheduled for October; estimated tax sale date November or December 2026. Publication costs for delinquent tax list: $29,973. Switching to lower-cost vendor for tax statements. Approved use of Appraiser’s county vehicle for Dodge City conference (saving ~$486.40 in mileage). County Clerk Susan’s last day was that date; signatory access to bank accounts to be updated following the Republican Party’s nomination of a replacement. Deputy Clerk Hoyt reported assets inventoried/tagged and election system credentialing in process with Secretary of State’s office. (Page 5)
  • Budget Discussion – Matt Lawn (Baker Tilly): Updated FY2027 budget framework presented. Primary recommendation: reduce Road and Bridge mill levy by ~4 mills, reallocating to General Fund and Employee Benefit Fund using one-time FEMA reimbursement funds. General Fund projected with no year-end deficit; ~$182,000 cash reserve buffer in Employee Benefit Fund. Commissioner Beerbower requested ~$36,000 allocated to comprehensive plan this year. Lawn confirmed. $50,000 budget authority for anticipated tax foreclosure cost also ensured. Treasurer Hawkins raised concern about FEMA fund reconciliation (Fund 224) before any mill reallocation is finalized. Budget hearing scheduled two weeks from meeting date; adoption targeted for September 14. (Page 5)
  • Verizon Contract Extension: An updated tax exemption verification form for Verizon’s records (not a new contract extension) authorized for Chair’s signature. Motion by Beerbower, seconded by Allen; carried unanimously. (Page 6)
  • S&P Rating Discussion: County bond rating was not downgraded. Commission agreed to engage Baker Tilly and bond counsel Ben Hart to develop incremental plan to improve county’s S&P standing. Motion by Beerbower, seconded by Allen; carried unanimously. (Page 6)
  • Asbestos Testing Discussion: Commissioner Motley obtained bid from ACT Environmental. Two motions regarding broader courthouse testing failed (1-3, then 2-2). Motley agreed to obtain costs for inspection and testing of entire courthouse. (Page 6)
  • Executive Session: Commission recessed into executive session for 10 minutes pursuant to KSA 75-4319(b)(1) regarding appraiser’s position. Returned – no action. (Page 6)
  • Healthcare Sales Tax Review Committee – Charles Gentry: The 0.25% special purpose sales tax collected $336,741.49 (January 1–June 30, 2026); $280,602.50 disbursed to Freeman Hospital of Fort Scott; remaining balance of $56,139.44 received June 30 and disbursed in July. All funds confirmed to be used per voter-approved purpose of establishing/operating an emergency room in Bourbon County. Tax effective for five years. (Page 6)
  • District Meeting – Milburn: Commissioner Milburn encouraged attendance at the Kansas County Commissioners district meeting October 1, 2026. Motley and Milburn planned to attend. (Page 7)
  • Public Works Restructuring – Beerbower: Proposed rate increase and wage adjustment analysis for transfer station and public works presented; current wages and dumping fees noted as significantly below regional industry standards. Transfer station supervisor Diane cautioned against excessive increases. Commission agreed to hold a work session; scheduled for Wednesday, September 9, 2026 at 5:00 PM. Motion by Beerbower, seconded by Milburn; carried unanimously. (Page 7)
  • Opioid Grant Program – Milburn: Formal grant application framework adopted for the county’s opioid settlement funds, replacing tracking via meeting minutes. Self-reporting required; non-compliance results in future ineligibility. Motion by Milburn, seconded by Motley; carried unanimously. (Page 7)
  • HR Contract/Sourcing – Allen: County’s HR consulting contract has expired. Millie Lipscomb (local HR professional) introduced; commission agreed an RFP should be issued. Commissioner Allen to lead. (Page 7)
  • District Court Relocation / Courthouse Renovation – Milburn: Relocation portion tabled. Commissioner Milburn presented renovation proposal for 2nd and 3rd floor courthouse spaces (carpet replacement, painting, minor electrical/plumbing, cabinetry move). Estimated cost $15,000 from jail sales tax fund. Motion by Milburn, seconded by Motley; carried unanimously. (Page 7)
  • Burn Ban: Two-week countywide burn ban enacted immediately due to extremely dry conditions. Motion by Allen, seconded by Milburn; carried 3-1 (Beerbower voting No). (Page 8)
  • Update on Old Landfill Property – Milburn: Work underway to finalize legal description for restrictive covenant, obtain updated water testing quotes, and prepare required disclosures. KDHE approval required (up to 60 days). No action taken. (Page 8)
  • Commissioner Comments: Commissioner Motley announced an email address he stated was used to hack the city’s IT systems and has been distributing employee payroll data. (Page 8)
  • Adjournment: Motion by Motley, seconded by Milburn; carried unanimously. (Page 8)

4. Special Meeting Minutes – September 2, 2026 (Pages 9–10)

  • Attendance: Present: Commissioners Joe Allen (District 3), David Beerbower (District 2), Mika Milburn (District 5), Gregg Motley (District 4). Absent: Commissioner Samuel Tran (District 1). Location: 210 South National Avenue, Fort Scott, KS 66701. (Page 9)
  • Discussion of Asbestos Testing: Commission discussed need for asbestos inspection prior to planned elevator modernization. Commissioner Beerbower presented federal EPA (NESHAP) and corresponding state regulations requiring a thorough asbestos inspection before any renovation, demolition, or elevator modernization. Otis (elevator contractor) must be notified of potential hazard. Commissioner Milburn reported Apex Environmental (recommended by a J.E. Dunn superintendent) quoted approximately $1,800 for travel and three hours, plus $35 per tested sample, available within ~two weeks. Scope: elevator, third-floor renovation, pipe insulation, air quality testing, and any additional areas identified. Commissioner Beerbower designated as lead coordinator. Motion (Milburn, seconded by Motley): engage Apex Environmental for asbestos testing/inspection (elevator shaft, third-floor walkthrough, pipe insulation, air quality testing on all floors, and additional testing recommended by inspectors), with Beerbower as coordinating lead, not-to-exceed $5,000. Carried 4-0. (Page 9)
  • Executive Sessions: Two executive sessions held pursuant to KSA 75-4319(b)(1) regarding non-elected personnel salaries (17:25–17:35, then 17:37–17:47), with Deputy Clerk Michael Hoyt and HR consultant Dr. Cohen (by phone) included in first session. Upon return from second session: salary change approved as suggested with salary to be reevaluated once clerk-elect is sworn in and certified by Kansas State Governor Kelly. Motion by Beerbower; passed 3-1 (Milburn voting No). Commissioner Beerbower motioned Chair Motley to complete the salary change form; passed unanimously. (Page 10)
  • Adjournment: Motion by Allen, seconded by Motley; carried unanimously. Meeting adjourned at 17:55 PM. (Page 10)

5. Meeting Minutes – September 9, 2026 (Pages 11–13)

  • Attendance: Commissioners Joe Allen (District 3), David Beerbower (District 2), Micah Melbourne Key (District 5). Location: 210 South National Avenue, Fort Scott, KS 66701. (Page 11)
  • Agenda Modifications: Two executive sessions added (one following Appraiser’s Change Letter item; one following Approval of Minutes from 9/2/2026); Election Deadline Updates removed from Department Updates; minutes from 8/31/2026 and 9/2/2026 tabled to next Monday pending revisions. Motion by Milburn, seconded by Beerbower; carried unanimously. (Page 11)
  • Accounts Payable: Noted as $0. (Page 11)
  • Minutes Approvals: Minutes from 8/31/2026 tabled. Minutes from 8/24/2026 approved. Motion by Milburn, seconded by Beerbower; carried unanimously. (Page 11)
  • Training Invoice Update – Milburn: Approximately $8,000 training invoice from a vendor reviewed; determined county received service; paying necessary to maintain vendor relationship. Clearer future agreements noted. Motion (Milburn, seconded by Allen) to approve payment; carried unanimously. (Page 11)
  • Old Landfill Covenant and Water Testing Update: Commissioner Milburn presented completed restrictive covenant for the old landfill site (legal description verified against multiple deeds with county mapping office and Executive Assistant). Covenant ready for signature, notarization, and filing with Register of Deeds; filing fees from general fund. Motion to authorize Commissioner Allen to sign, notarize, and file; made by Milburn, seconded by Commissioner Tran; carried unanimously. Water testing at old landfill site due since 2020 (last performed 2018). Triad Environmental quoted $12,990 to perform required sampling in coordination with KDHE, to be paid from Public Works budget. Motion to approve Triad Environmental contract (Milburn, seconded by Beerbower); carried unanimously. Motion to authorize Commissioner Allen to sign the Triad Environmental contract (Milburn, seconded by Beerbower); carried unanimously. (Pages 11–12)
  • Asbestos Testing Update – Beerbower: Apex Environmental contacted; proposal approximately $3,500 (covering up to 30 samples in construction areas and air testing on all floors). Scheduling pending coordination with elevator company. (Page 12)
  • Appraiser’s Change Letter and Interviews – Milburn: Notification of county appraiser change completed; all commissioners signed the form. Four applications received for the open appraiser position. HR to coordinate formal interviews with all five commissioners present. Allen County contacted regarding potential partnership. Motion for Milburn to contact HR to arrange interviews (Beerbower, seconded by Allen); carried unanimously. (Page 12)
  • Executive Sessions: Multiple executive session templates present in the minutes (blank/unfilled at time of packet preparation). (Pages 12–13)
  • Future Agenda: Commissioner Tran requested the Comprehensive Plan Confluence contract be added to a future agenda. (Page 13)
  • Adjournment: Motion by Beerbower, seconded by Allen; carried unanimously. Commission then recessed briefly before convening a work session. (Page 13)

6. Resolution – Comprehensive Plan & Zoning Code Agreement with Confluence, Inc. (Pages 14–17)

A draft resolution (Resolution No. ___-26) approving a Planning Services Agreement with Confluence, Inc. for the development of a Comprehensive Plan and Zoning Code Regulations for Bourbon County, Kansas.

  • Purpose: Commission finds it in the best interest of Bourbon County to contract with Confluence, Inc. for professional planning services covering a Comprehensive Plan and Zoning Code Regulations, consistent with Resolution No. 24-26’s temporary moratorium on utility scale power generation, crypto mining, data centers, and waste disposal operations. (Page 14)
  • Total Fee: $116,500, including reimbursable expenses not to exceed $5,000. (Page 15)
  • Funding: $36,000 from 2026 Bourbon County General Fund; remaining $80,500 from 2027 Bourbon County General Fund (subject to appropriation). (Page 16)
  • Zoning focus areas: Utility scale wind and solar energy systems, battery energy storage systems, data centers, and other focus areas identified during the planning process. (Page 15)

7. Confluence, Inc. Planning Services Agreement (Pages 18–25)

The full Planning Services Agreement between Bourbon County, Kansas, and Confluence, Inc. (signed by Christopher Shires, AICP, Principal, June 25, 2026) details the scope of work, schedule, and fees.

  • Phase 1: Project Research + Analysis (~2 months) – $10,250: Kick-off meeting with county staff (virtual); existing conditions review and analysis; analysis review meeting with Planning Commission (in person) covering community assessment, demographics, housing/employment/economic analysis, land use analysis, transportation, and park facilities needs assessment. (Page 18)
  • Phase 2: Vision, Input and Direction (~2 months) – $19,250: Online engagement website and survey; stakeholder interviews (2 days, virtual); Public Input Workshop (1 in-person); input review with Planning Commission (in person). (Page 19)
  • Phase 3: Draft Plan + Zoning Code (~6 months) – $68,000: Draft Comprehensive Plan (topics including community input summary, demographics, land use, renewable energy, transportation, open space/parks/trails, goals/objectives/strategies); Draft Zoning Code (in Word format, Zoning Map in ArcGIS format); 3 Planning Commission review sessions (in person); Draft Plan Open House (1 in person); Joint workshop with County Commission and Planning Commission (in person). (Pages 20–21)
  • Phase 4: Final Draft Plan and Code + Adoption (~2 months) – $14,000: Final draft preparation; Planning Commission Public Hearing (in person); County Commission Public Hearing (in person). (Page 21)
  • Total Fee Proposal: $116,500 (reimbursable expenses not to exceed $5,000). Project anticipated to take approximately 12 months to complete. (Page 22)
  • Deliverables: Comprehensive Plan in PDF and Word; Zoning Code in PDF and Word; maps in PDF and ESRI ArcGIS formats; background data in PDF and Excel formats. (Page 21)
  • Exhibit A – Standard Hourly Rates: Senior Principal $175–$275/hr; Principal $160–$250/hr; Associate Principal $140–$200/hr; Associate $115–$185/hr; Senior Project Manager $105–$165/hr; Project Manager $95–$145/hr; Planner I $75–$125/hr; Graphic Designer $75–$115/hr; Clerical/System Staff $75–$135/hr (effective 1/1/2026). (Page 25)

8. Resolution No. 21-26 – Meeting Times, Work Sessions, and Payroll AP Approvals (Pages 26–28)

A resolution repealing Resolution 36-25 and defining meeting times, work sessions, and payroll AP approvals. Adopted April 21, 2026 by the Board of County Commissioners. Attested by County Clerk (signature of previous clerk).

  • Section 1 – Parliamentary Authority: Robert’s Rules of Order adopted as standard parliamentary authority, except where inconsistent with Kansas law. (Page 26)
  • Section 2 – Meeting Agendas: Initial agenda set by Board at end of each regular meeting; County Clerk prepares agendas. Commissioner submissions due to Clerk’s office no later than 12:00 PM the Friday before. Items not on agenda may be added at the meeting table by a commissioner through a majority vote. (Page 26)
  • Section 3 – Meeting and Work Session Schedule: Regular meetings every other Monday starting May 4, 2026 at 5:30 PM. AP and payroll approved on Monday after payroll processing. AP-only meeting also held Monday between regular meetings at 5:30 PM. Work sessions on Monday between regular meetings, immediately following AP Approval. (Page 27)
  • Section 4 – Conduct of Meetings: Called to order by Chair or Vice-Chair; quorum is majority of commissioners; discussions directed by Chair; Board follows approved agenda order. (Page 27)
  • Section 5 – Public Participation: Public comment period at each regular meeting, limited to 3 minutes per speaker. Speaker must fill out a card with name, address, phone number, and topic description. Must be recognized by chair before speaking. (Page 27)
  • Sections 6–8: Amendment of procedures by majority vote; severability; repeal of Resolution 36-25 and any other inconsistent procedures. (Page 28)

9. Fence View Request – Doris Kelsey (Pages 29–32)

A formal fence view request dated September 2, 2026, submitted to the Board of County Commissioners by Doris Kelsey (2585 Tomahawk Rd, Fort Scott; 620-952-4991; lesterocket.net), regarding fences separating the properties of Doris Kelsey and Kenneth Henne.

  • Issue described: A tenant in the Henne house has repeatedly been letting Kelsey’s ponies out through poor fence repairs. The tenant rents land and refuses to build a new fence or hire it done. (Page 29)
  • Adjoining party: Kenneth Henne – owner (816-265-1666; 816-525-9931; 816-665-0271). Land tenant: Terry Valentine (620-857-4133, 2638 Tomahawk). (Page 29)
  • Supporting property records included: Trustee’s Deed (Kenneth L. Henne, Successor Trustee, conveying Southeast Quarter of Section 14, Township 24, Range 25 to Kenneth L. Henne and Sharon Henne, dated March 2002) (Page 30); and two Warranty Deeds (Larry J. Clements and Darlene F. Clements to Doris G. Kelsey, dated October 15, 2004, for tracts in Southwest Quarter of Section 14, Township 24, Range 25) (Pages 31–32).

10. KC Crown Inc. Fort Scott Project – Housing Development (Pages 33–35)

A proposed multi-phase residential development by KC Crown Inc. (Sam Singh) seeking county support for a Kansas Housing Investor Tax Credit (HITC) application.

  • Project Scope: Phase 1 – 25 new homes. Subsequent phases (2, 3, 4) would add additional 25 homes each if feasible. Potential initial investment of $2,500,000 expected in the first year. (Page 35)
  • Location: Land owned by Binder (Sam) Singh; KC Mart south location, approximately 1/4 mile south of Fort Scott KS on the west side of the road. Houses would be placed behind current convenience store with new access road on north side of property while using the existing entrance. (Page 35)
  • Incentives/Request: KC Crown Inc. intends to apply for the Kansas Housing Investor Tax Credit (HITC). Application requires a resolution of support from the Board of Commissioners. Project is stated to be not financially feasible without the tax credits. (Page 35)
  • Draft Resolution (unnumbered): Resolution authorizing submission of an application to the Kansas Housing Resources Corporation (KHRC) for the HITC program. HITC Program authorizes builders/developers in counties with population under 75,000. Bourbon County qualifies. Governing Body finds shortage of quality housing, that shortage can be expected to persist, and that it is a substantial deterrent to future economic growth. Resolution to remain in effect until approximately September 2027 (one year from passage). (Pages 33–34)

11. Human Resources RFP – Bourbon County, Kansas (Pages 36–38)

Bourbon County, Kansas is soliciting proposals from qualified firms or individuals to provide comprehensive Human Resource (HR) services. RFP issued September 14, 2026.

  • Scope of Work: Recruitment & Staffing (job announcements per Kansas Open Records Act and EEO guidelines; screening, interviews, onboarding); Employee Relations (performance management, conflict resolution, disciplinary actions per Kansas public sector employment laws); Benefits Administration (health, dental, vision, retirement/KPERS); Compliance (FLSA, FMLA, ADA, Kansas Wage Payment Act, KOMA); Training & Development (harassment prevention, safety, leadership, compliance); Policy Development (employee handbooks, policies per Kansas statutes and Bourbon County ordinances). (Page 36)
  • Proposal Requirements: Company profile; qualifications (PHR, SPHR, SHRM-CP/SCP certifications, Kansas-specific expertise); approach and methodology; references (recent Kansas municipal, county, or private clients); pricing (hourly rates, retainer fees, or project-based); insurance (general liability, professional liability, workers’ compensation). (Page 37)
  • Evaluation Criteria: Kansas public sector HR experience; understanding of Kansas employment laws and county operations; quality and clarity of approach; cost competitiveness; references and past performance. (Page 37)
  • Submission Deadline: October 7, 2026, 4:00 PM CST. Submit to: Ann Clarkson, Bourbon County Clerk, aclarkson@bourboncountyks.org or Bourbon County Clerk’s Office, 210 S. National Ave., Fort Scott, KS 66701; 620-223-3800. Late submissions will not be considered. (Page 37)
  • Timeline: RFP Issued September 14, 2026; Proposal Submission Deadline September 25, 2026; Evaluation Period September 21–25, 2026; Award Notification September 28, 2026; Contract Start Date October 5, 2026. (Page 38)

Bourbon County Commission Special Meeting Agenda – September 14, 2026

Bourbon County Commission

Bourbon County Commission Special Meeting Agenda – September 14, 2026, 1:00 PM

Agenda image (full)

  • I. Call Meeting To Order
  • II. Pledge Of Allegiance
  • III. Prayer
  • IV. Introductions
  • V. Approval Of Agenda (no additions for special meetings)
  • VI. Explanation of Interview Process – Milburn
  • VII. Executive Session K.S.A. 75-4319 (B)(1) – Subject: Appraiser Interview 1
  • VIII. Executive Session K.S.A. 75-4319 (b)(1) – Subject: Appraiser Interview 2
  • IX. Executive Session K.S.A. 75-4319 (b)(1) – Subject: Appraiser Interview 3
  • X. Executive Session K.S.A. 75-4319 (b)(1) – Subject: Appraiser Interview 4
  • XI. Executive Session K.S.A. 75-4319 (b)(1) – Subject: Appraiser Interview
  • XII. Commission Comments
  • XIII. Adjournment

Detailed Information Packet Summary

This is a special meeting focused on Appraiser candidate interviews. The agenda packet was submitted as a JPEG image rather than a multi-page PDF; no additional packet pages with dollar amounts, minutes, or supporting documents were included. The agenda items are transcribed above in full from the attachment.

Key Business: Appraiser Candidate Interviews

The primary business of this special meeting is the conduct of up to five executive sessions under K.S.A. 75-4319 (B)(1) — the personnel matters exception — to interview candidates for the County Appraiser position. An explanation of the interview process will be provided by Milburn prior to the sessions. Commission comments and adjournment follow the interviews.

Bourbon County Sheriff’s Office Daily Report – Sept. 14, 2026

Bourbon County Sheriff's Report

Bourbon County Sheriff’s Office Daily Report – September 14, 2026

Arrested

Young, Leslie (Age 69) — Arrested 9/11/2026 10:09 AM by Bourbon County Sheriff’s Office. Charges: Possession of Controlled Substance (Unknown Substance, Misdemeanor), Possession of Controlled Substance (Unknown Substance), Use/Possess w/Intent to Use Drug Paraphernalia Into Human Body. Bond: $5,000.00 Cash/Surety.

Eisenbrandt, Jonah Isaiah (Age 46) — Arrested 9/11/2026 6:00 PM by Bourbon County Sheriff’s Office. Charge: Sanction. Bond: $0.00 (No Bond). Released 9/13/2026 6:14 PM via Time Served.

Hegge, Jaimie Sueann (Age 39) — Arrested 9/12/2026 8:11 AM by Bourbon County Sheriff’s Office. Charge: Distribute Marijuana (< 25 Grams). Bond: $25,000.00 Cash/Surety.

Anderson, Grace (Age 18) — Arrested 9/12/2026 8:11 AM by Bourbon County Sheriff’s Office. Charges: Possess Paraphernalia (Unknown Misdemeanor), Possession of Marijuana. Bond: $2,500.00 Cash/Surety. Released 9/13/2026 10:42 PM via Surety Bond.

Hegge, Issiah James (Age 22) — Arrested 9/12/2026 8:11 AM by Bourbon County Sheriff’s Office. Charges: Possess Paraphernalia (Unknown Felony), Possession of Marijuana. Bond: $5,000.00 Cash/Surety. Released 9/13/2026 10:53 PM via Surety Bond.

Anderson, Adam (Age 42) — Arrested 9/12/2026 8:11 AM by Bourbon County Sheriff’s Office. Charges: Distribute Marijuana (< 25 Grams), Possess Paraphernalia (Unknown Misdemeanor), Possession of Marijuana. Bond: $25,000.00 Cash/Surety.

Gomes, Steven Lou Jr (Age 49) — Arrested 9/12/2026 12:00 AM by Bourbon County Sheriff’s Office. Charges: Warrant Bourbon County (Failure to Appear) BB-2025-CR-000203, Warrant Bourbon County (Failure to Appear) 1999-CR-0164. Bond: $500.00 Cash/Surety.

Hall, Derek G (Age 39) — Arrested 9/13/2026 1:16 AM by Fort Scott Police Department. Charges: Criminal Trespass (Unknown Circumstance), Disorderly Conduct (Unknown Circumstance). Bond: $1,500.00 Cash/Surety. Released 9/13/2026 5:17 PM via Surety Bond.

Litchfield, Leslie Lee (Age 62) — Arrested 9/13/2026 11:53 AM by Fort Scott Police Department. Charges: Possession of Controlled Substance (Unknown Substance, Misdemeanor), Possess Paraphernalia (Unknown Circumstance), Possession of Controlled Substance (Unknown Substance). Bond: $0.00 (No Bond).

Morris, Johnathan Imar (Age 18) — Arrested 9/13/2026 2:45 PM by Fort Scott Police Department. Charges: Assault, Criminal Deprivation of Property. Bond: $1,500.00 Cash/Surety.

Church, Chad Matthew (Age 55) — Arrested 9/13/2026 7:00 PM by Bourbon County Sheriff’s Office. Charge: Sanction. Bond: $0.00 (No Bond).

Released

Anderson, Mikayla Michelle — Released 9/11/2026 4:59 PM via Surety Bond (Able Bonding).

Anderson, Grace — Released 9/13/2026 10:42 PM via Surety Bond (A+ Bonding).

Brandt, Mitchell G — Released 9/12/2026 5:18 PM via Surety Bond (Able).

Brunner, Garry Gene Curtis — Released 9/11/2026 11:40 AM via Surety Bond (Able Bonding).

Burney, Tyler Paul — Released 9/12/2026 8:48 PM via Surety Bond (Able Bonding).

Clark, Chenaniah Dianne — Released 9/11/2026 2:52 PM via Surety Bond (Able).

Clark, James W — Released 9/11/2026 2:53 PM via Surety Bond (Able).

Cubas, Jennifer — Released 9/11/2026 5:40 PM via Surety Bond (Able Bonding).

Darnell, Rebecca Zoan — Released 9/12/2026 11:30 AM via Nothing Filed (Self).

Eisenbrandt, Jonah Isaiah — Released 9/13/2026 6:14 PM via Time Served (Self).

Estrada, Alyssa Anne — Released 9/12/2026 11:00 AM via Surety Bond (Able Bonding).

Falcon, Joel Christian — Released 9/12/2026 11:30 AM via Nothing Filed (Self).

Gallagher, Miranda Grace — Released 9/11/2026 9:13 PM via Surety Bond (Able Bonding).

Goff, Cheyenne — Released 9/11/2026 2:42 PM via Transferred Out (Cass County).

Gonzalez, Levi Jordan — Released 9/12/2026 8:21 PM via Surety Bond (Able Bonding).

Guffin, Augaio — Released 9/12/2026 8:41 PM via Surety Bond (Able Bonding).

Hall, Derek G — Released 9/13/2026 5:17 PM via Surety Bond (A+ Bonding).

Hegge, Issiah James — Released 9/13/2026 10:53 PM via Surety Bond (A+ Bonding).

Hendrix, Karma Gellynn — Released 9/11/2026 9:21 PM via Surety Bond (Able Bonding).

Hernandez, Cristal — Released 9/11/2026 6:14 PM via Surety Bond (Able Bonding).

Holland, Andrew Paul — Released 9/11/2026 5:15 PM via Surety Bond (Able Bonding).

Mazey, Morgan Reed — Released 9/13/2026 3:28 PM via Surety Bond (Able).

McNee, Mason Conner — Released 9/12/2026 1:36 PM via Surety Bond (Able Bonding).

Morris, Paul Arnold — Released 9/12/2026 6:09 PM via Nothing Filed (Self).

Mullica, Michael John — Released 9/12/2026 5:49 PM via Cash Bond (Self).

Owens, Jade Ashton — Released 9/12/2026 4:24 PM via Surety Bond (Able).

Phillips, Lesly Tate — Released 9/12/2026 11:30 AM via Nothing Filed (Self).

Sanders, Jacory Tamar — Released 9/11/2026 6:13 PM via Surety Bond (Able Bonding).

Simmonds, Emily Rochelle — Released 9/11/2026 6:03 PM via Surety Bond (Able Bonding).

Stihl, Nicholas Alexander — Released 9/12/2026 1:00 PM via Surety Bond (Able Bonding).

Undernehr, Celina Lee — Released 9/12/2026 1:36 PM via Surety Bond (Able Bonding).

Williford, Ciara Marcella — Released 9/11/2026 3:35 PM via Surety Bond (Able Bonding).

Total Inmates Released: 32

Documents:

Beerbower’s plan to raise rates and wages gets contentious

FORT SCOTT — Commissioner David Beerbower laid out his plan to raise Bourbon County Transfer Station rates and public works wages at a work session Wednesday night, and said he will bring motions on it to the commission’s next meeting Monday. The session, held after the commission’s regular meeting that evening, opened with a dispute over its format, turned into a running argument between Beerbower and Commissioner Mika Milburn-Kee over what the county can afford, and ran about an hour and a quarter.

Beerbower had asked for the session. He said the public would get three minutes each at the start and the discussion after that would stay among the commissioners. “It’s not the chairman’s work session. It’s my work session,” he said when Milburn-Kee said she understood it would be an open dialogue (video, 3:16). Kevin “Skitch” Allen, who owns Skitch’s Hauling & Excavation and hauls to the transfer station, said Chairman Gregg Motley had told him he did not need to be on the agenda. Motley was absent due to dental work. Commissioners David Beerbower, Joe Allen, Milburn-Kee and Samuel Tran took part.

Commissioner Joe Allen proposed going through the presentation first and then letting people respond, “so we keep the meeting going civilly,” and the session went on. Beerbower said the format was a response to the Aug. 31 meeting, where Skitch Allen had questioned him during public comment: “We have smartasses that make personal comments rather than talk about the subject and the details of the plan” (video, 4:11). Before leaving for another engagement, Allen offered Beerbower “an opportunity to apologize for calling somebody a proud smartass.” Beerbower declined: “I think apologies come both directions there, buddy. I’m not going to be apologizing to you” (video, 26:09).

No rate increase since 2016

Beerbower said the transfer station has not raised its tipping fees since it opened in 2016, apart from a three-cent-a-pound increase on tires in 2021, and that fees tracking inflation would be about 30% higher today (video, 12:13).

He offered three scenarios. The first raises transfer station wages about $3 to $4 an hour and fees about $7 a ton; the second, $4 to $11 an hour and $10.49 a ton; the third, $13 to $14 an hour and $14.38 a ton (video, 16:53). Out-of-county customers currently pay $40 a ton for construction and demolition debris against $35 for county residents, and Beerbower said the difference can be set however the commission chooses. Landfill supervisor Diane Ballou handed out rate sheets of her own (video, 28:54).

Deputy County Clerk Michael Hoyt asked whether higher rates would mean more trash dumped along county roads; Beerbower said the county held rates flat from 2016 to 2021 over the same worry and that “every county has it” (video, 32:57).

Skitch Allen said haulers have argued for years that out-of-county loads should pay $10 a ton more than local ones, not $5, and that county residents will feel any gate increase in their trash bills. “They come over here because it is cheap,” he said (video, 21:14).

Wages, taxes and the poverty line

The sharpest exchanges were over what county workers should be paid. Milburn-Kee interrupted Beerbower’s wage benchmarks with a point of order to ask whether they came from other counties or private industry, and whether he would compare against counties alone. “I could leave that up to you if you want to. I mean, it’s your question,” he said. “But this is your thing,” she answered (video, 14:57).

She returned to it after the public works numbers, asking whether he had checked employers in town. “McDonald’s, 15,” Beerbower said. “Mr. Beerbower, that’s enough,” Milburn-Kee said. The new company coming to Fort Scott, she said she was told, will start between $17 and $20 an hour. “We have to be realistic about the people that are paying into the taxes here in Bourbon County,” she said. “We’re not going to kick the taxpayers in the teeth” (video, 40:06).

Beerbower said he compared equipment operators with equipment operators and CDL drivers with CDL drivers, not factory work: “If you want to compare it apples to oranges, then go ahead.” County employees pay the same taxes as everyone else, he said, and the federal poverty level works out to about $15 an hour: “We got guys that are making 93 cents more than that.” When Milburn-Kee said private businesses cannot set their own rates the way the county can, Beerbower said he did not understand her point. “Okay, you’ll figure it out. I’m sure you will,” she said (video, 43:25), and listed what county jobs carry beyond the wage: insurance, 14 holidays, 14 vacation days and 12 sick days.

Beerbower said the number of public works employees has fallen since January because the county trains people and loses them. “I want guys that graduate high school that can’t afford to go to college but can come to Bourbon County, look at Bourbon County and say, where am I going to get a job here?” he said, and find the answer at public works (video, 45:06). “That’s not what’s happened over the last 10 years.”

“Bring the counter to the table”

The plan leans on the county’s FEMA storm reimbursement, roughly $605,000. Milburn-Kee said raises of $5 to $10 an hour are not realistic with the mills the county has, and that $5 an hour for the 38 public works employees alone comes to about $410,000 a year. “I want you to have the opportunity to earn my vote, but I have to understand what you’re saying,” she said (video, 51:24). Beerbower said the transfer station is fee-funded, and that on the public works side the money comes from lower turnover, less retraining, an equipment reserve that cuts repair bills and doing fewer miles of road better.

The two went around it several times. “This happens just about every time,” Beerbower said. “If you got a counter to it, bring the counter to the table” (video, 51:58). “So you don’t want me to talk about your plan and ask questions about your plan?” Milburn-Kee asked. “You haven’t successfully laid out a plan that doesn’t lead to the raising of taxes.” “Look at what I put in this paperwork and show me where I raise taxes,” Beerbower said (video, 53:51). “Are your numbers correct, sir?” she asked. “Yeah,” he said.

When Beerbower said the sheriff had given his staff raises last year from within his own budget, Milburn-Kee cut in: “Sir, that is not correct. He was down a person. He gave raises with that person’s salary through the rest of that year.” The budget had to go up the next year, she said (video, 61:00). Beerbower’s answer to the criticism came a few minutes later: “If you don’t believe that my plan shows merit, then get your own plan and show where it doesn’t work” (video, 65:57). His FEMA option would put $175,000 into a workforce fund and $125,000 into an equipment reserve.

Tran asked about the money itself. The commission was told last week that about $300,000 of the reimbursement has to go back to a fund it was borrowed from; Tran said he had heard much of the storm repair was paid from the general fund and had never been shown records. “If that is true, please bring the receipts,” he said (video, 66:28). Beerbower said the treasurer told the commission Aug. 31 that about $300,000 came out of the bridge fund, and that he had since heard it was a reserve fund that need not be repaid.

A step schedule, and the ditches

Commissioner Joe Allen, who also serves as USD 234’s transportation director, brought the district’s step salary schedule and suggested the county adopt something like it: columns for qualifications, rows for years of service, a 25-cent step each year that rises to 35 cents after 10 years. The district hires a bus driver with a Class B license and no experience at $15.60 an hour, he said (video, 70:08). Tran said the county still needs written job descriptions and a Kansas-only salary survey before it sets any. “Without those two documents, we’re winging it,” he said (video, 74:40).

Milburn-Kee closed with current problems: ditches filling in, water running down roads, bridge signs hidden in the grass. She said a resident who called public works was told to call a county commissioner instead. “If you guys find that acceptable, fine. I don’t,” she said, and offered to support hiring outside help, even local residents on 1099s, to catch up on mowing (video, 75:57). Beerbower asked why the mowing was not being done and answered that the county is down to one or two mowers kept running with parts from each other because no commission has funded an equipment reserve. “The grass grows the same height every year,” Milburn-Kee said. “Right, and it’s been taken care of every year until you don’t have mowers,” Beerbower said. “The answer lies in giving them the tools they need, not the criticism because the job’s not getting done” (video, 78:16).

The commission’s next meeting is Monday, Sept. 14. Under the county’s published notice, that is also its public hearing on exceeding the revenue-neutral rate for the 2027 budget, at 5:30 p.m. at 210 S. National Ave.

Bourbon County Sheriff’s Office Daily Report – September 10, 2026

Bourbon County Sheriff's Report

Bourbon County Sheriff’s Office Daily Report – September 10, 2026

Arrested

LaRoche, James Edward (Age 36) — Arrested 9/10/2026 10:20 AM by Bourbon County Sheriff’s Office. Charge: Detention Authorization. Bond: $0.00 (No Bond).

Ludeman, Samantha (Age 22) — Arrested 9/10/2026 11:40 AM by Bourbon County Sheriff’s Office. Charge: Warrant – Bourbon County (Arrest), Warrant No. BB-2026-CR-000177. Bond: $500,000.00 (Cash/Surety).

Phillips, Lesly Tate (Age 26) — Arrested 9/10/2026 11:45 AM by Bourbon County Sheriff’s Office. Charges: Possess Paraphernalia (Unknown Misdemeanor), Possession of Marijuana. Bond: $0.00 (No Bond).

Darnell, Rebecca Zoan (Age 26) — Arrested 9/10/2026 11:45 AM by Bourbon County Sheriff’s Office. Charges: Possession of Controlled Substance (Unknown Substance, Misdemeanor), Possess Paraphernalia (Unknown Misdemeanor). Bond: $0.00 (No Bond).

Falcon, Joel Christian (Age 26) — Arrested 9/10/2026 11:45 AM by Fort Scott Police Department. Charges: Possess Paraphernalia (Unknown Misdemeanor), Possession of Marijuana. Bond: $0.00 (No Bond).

Estrada, Alyssa Anne (Age 35) — Arrested 9/10/2026 12:22 PM by Bourbon County Sheriff’s Office. Charges: Possess Paraphernalia (Unknown Circumstance), Possession of Controlled Substance (Unknown Substance), Possession of Controlled Substance (Unknown Substance). Bond: $0.00 (No Bond).

Stihl, Nicholas Alexander (Age 37) — Arrested 9/10/2026 12:22 PM by Bourbon County Sheriff’s Office. Charges: Possess Paraphernalia (Unknown Circumstance), Possession of Controlled Substance (Unknown Substance). Bond: $0.00 (No Bond).

McNee, Mason Conner (Age 29) — Arrested 9/10/2026 12:00 AM by Bourbon County Sheriff’s Office. Charges: Distribute Controlled Substance (Unknown Substance), Unlawful Abuse of Toxic Vapors, Unlawful to Obtain Prescription Drug (Unknown Circumstance). Bond: $0.00 (No Bond).

Simmonds, Emily Rochelle (Age 34) — Arrested 9/10/2026 1:27 PM by Bourbon County Sheriff’s Office. Charges: Possess Paraphernalia (Unknown Circumstance), Possession of Controlled Substance (Unknown Substance), Possession of Hallucinogenic Drug. Bond: $0.00 (No Bond).

Brandt, Mitchell G (Age 31) — Arrested 9/10/2026 1:42 PM by Bourbon County Sheriff’s Office. Charges: Distribute Controlled Substance (Unknown Substance), Unlawful Abuse of Toxic Vapors, Unlawful to Obtain Prescription Drug (Unknown Circumstance). Bond: $0.00 (No Bond).

Undernehr, Celina Lee (Age 29) — Arrested 9/10/2026 1:42 PM by Bourbon County Sheriff’s Office. Charges: Distribute Controlled Substance (Unknown Substance), Unlawful Abuse of Toxic Vapors, Unlawful to Obtain Prescription Drug (Unknown Circumstance). Bond: $0.00 (No Bond).

Crowe, Katie Lee (Age 46) — Arrested 9/10/2026 1:28 PM by Bourbon County Sheriff’s Office. Charge: Warrant – Bourbon County (Failure to Appear). Bond: $5,000.00 (Cash/Surety).

Morris, Paul Arnold (Age 51) — Arrested 9/10/2026 5:15 PM by Kansas Highway Patrol. Charge: Violate Offender Registration Act (Felony, Unknown Circumstance). Bond: $0.00 (No Bond).

Owens, Jade Ashton (Age 32) — Arrested 9/10/2026 4:48 PM by Bourbon County Sheriff’s Office. Charges: Possess Paraphernalia (Unknown Felony), Possession of Controlled Substance (Unknown Substance). Bond: $0.00 (No Bond).

Burney, Tyler Paul (Age 37) — Arrested 9/10/2026 4:48 PM by Bourbon County Sheriff’s Office. Charges: Possess Paraphernalia (Unknown Misdemeanor), Possession of Controlled Substance (Unknown Substance). Bond: $0.00 (No Bond).

Mullica, Michael John (Age 49) — Arrested 9/10/2026 5:48 PM by Bourbon County Sheriff’s Office. Charges: Driving Under Influence of Alcohol or Drugs (Misdemeanor), Possess Paraphernalia (Unknown Misdemeanor), Possession of Controlled Substance (Unknown Substance). Bond: $0.00 (No Bond).

Cubas, Jennifer (Age 25) — Arrested 9/10/2026 6:12 PM by Bourbon County Sheriff’s Office. Charges: Possession of Controlled Substance (Unknown Substance, Misdemeanor), Possess Paraphernalia (Unknown Misdemeanor). Bond: $0.00 (No Bond).

Gonzalez, Levi Jordan (Age 32) — Arrested 9/10/2026 6:11 PM by Fort Scott Police Department. Charge: Aggravated Assault – Use of a Deadly Weapon. Bond: $0.00 (No Bond).

Mazey, Morgan Reed (Age 21) — Arrested 9/10/2026 8:38 PM by Bourbon County Sheriff’s Office. Charge: Distribute Controlled Substance (Unknown Substance). Bond: $0.00 (No Bond).

Released

Ammons, Joshua — Released 9/10/2026 10:31 AM via Transferred Out (Douglas County).

Randall, Daniel Joseph — Released 9/10/2026 6:05 PM via Surety Bond (Able Bonding).

Rogers, Jaymie Alexandria — Released 9/10/2026 3:14 PM via Cash Bond (Self).

Total Inmates Released: 3

Documents:

Wagner Elected Chair as Bourbon County Republicans Choose New Officers

Kevin Wagner is the new chair of the Bourbon County Republican Party. The party selected its officers for the coming year Thursday night, Sept. 10, at its annual leadership reorganization meeting.

Katie Casper was elected vice-chair, Jennifer Hawkins secretary and Doug Niemeir treasurer.

Wagner succeeds Kaety Bowers, who had chaired the party since September 2024 and who signed its public statements as chair. The outgoing officers, elected Sept. 19, 2024, at the Fort Scott Livestock Market, were Bowers as chair, Tim Emerson as vice-chairman, Gayle Sackett as secretary and Donna Banwart as treasurer.

Wagner has served as the party’s precinct committeeman for Pawnee Township. Niemeir has served as precinct committeeman for Fort Scott’s 6th Ward. Casper was a member of the county’s Budget Advisory Committee. Hawkins is the elected Bourbon County treasurer, a county office that is separate from the party treasurer’s post Niemeir now holds.

Officers are nominated and voted on each year at the reorganization meeting, and the results are reported to the state. Under the party’s rules, its leadership must include both a man and a woman, Emerson said after the 2024 election. The officers represent the county at state Republican meetings and at the party’s local meetings.

Related coverage: New Leadership Elected For the Bourbon County Republicans on September 19 (2024).

Bourbon County Sheriff’s Office Daily Report – September 9, 2026

Bourbon County Sheriff's Report

Bourbon County Sheriff’s Office Daily Report – September 9, 2026

Arrested

Knight, Marcus Franklin (Age 51) — Arrested 9/9/2026 10:21 AM by Douglas County. Charge: Other Agency Hold. Bond: $0.00 (No Bond).

Murray-Crawford, Benz (Age 21) — Arrested 9/9/2026 10:33 AM by Douglas County. Charge: Other Agency Hold. Bond: $0.00 (No Bond).

Ammons, Joshua (Age 49) — Arrested 9/9/2026 11:00 AM by Douglas County. Charge: Other Agency Hold. Bond: $0.00 (No Bond).

Gier, Christian Lee (Age 49) — Arrested 9/9/2026 11:09 AM by Fort Scott Police Department. Charges: Possession of Controlled Substance (Unknown Substance, Misdemeanor); Warrant – Fort Scott Municipal. Bond: $500.00 (Cash).

Anderson, Mikayla Michelle (Age 23) — Arrested 9/9/2026 1:08 PM by Bourbon County Sheriff’s Office. Charge: Possession of Controlled Substance (Unknown Substance). Bond: $0.00 (No Bond).

Holland, Andrew Paul (Age 28) — Arrested 9/9/2026 1:07 PM by Bourbon County Sheriff’s Office. Charges: Possession of Hallucinogenic Drug; Use/Possess w/Intent to Use Drug Paraphernalia into Human Body. Bond: $0.00 (No Bond).

Clark, Chenaniah Dianne (Age 32) — Arrested 9/9/2026 1:51 PM by Bourbon County Sheriff’s Office. Charges: Possession of Hallucinogenic Drug; Use/Possess w/Intent to Use Drug Paraphernalia into Human Body. Bond: $0.00 (No Bond).

Williford, Ciara Marcella (Age 35) — Arrested 9/9/2026 1:41 PM by Bourbon County Sheriff’s Office. Charges: Possession of Hallucinogenic Drug; Use/Possess w/Intent to Use Drug Paraphernalia into Human Body. Bond: $0.00 (No Bond).

Clark, James W (Age 31) — Arrested 9/9/2026 1:51 PM by Bourbon County Sheriff’s Office. Charges: Possession of Hallucinogenic Drug; Use/Possess w/Intent to Use Drug Paraphernalia into Human Body. Bond: $0.00 (No Bond).

Hernandez, Cristal (Age 31) — Arrested 9/9/2026 3:37 PM by Bourbon County Sheriff’s Office. Charges: Possess Paraphernalia (Unknown Misdemeanor); Possession of Opiate, Opium, Narcotic or Certain Stimulant (×2). Bond: $0.00 (No Bond).

Sanders, Jacory Tamar (Age 31) — Arrested 9/9/2026 3:37 PM by Bourbon County Sheriff’s Office. Charges: Possession of Controlled Substance (Unknown Substance, Misdemeanor); Possess Paraphernalia (Unknown Misdemeanor); Possession of Opiate, Opium, Narcotic or Certain Stimulant. Bond: $0.00 (No Bond).

Rogers, Jaymie Alexandria (Age 31) — Arrested 9/9/2026 5:06 PM by Bourbon County Sheriff’s Office. Charges: Possess Paraphernalia (Unknown Misdemeanor); Possession of Hallucinogenic Drug; Possession of Opiate, Opium, Narcotic or Certain Stimulant. Bond: $0.00 (No Bond).

Hendrix, Karma Gellynn (Age 25) — Arrested 9/9/2026 5:56 PM by Bourbon County Sheriff’s Office. Charges: Possession of Controlled Substance (Unknown Substance, Misdemeanor); Possess Paraphernalia (Unknown Misdemeanor). Bond: $0.00 (No Bond).

Gallagher, Miranda Grace (Age 31) — Arrested 9/9/2026 5:56 PM by Bourbon County Sheriff’s Office. Charges: Possession of Controlled Substance (Unknown Substance, Misdemeanor); Possess Paraphernalia (Unknown Misdemeanor); Possession of Controlled Substance (Unknown Substance). Bond: $0.00 (No Bond).

Randall, Daniel Joseph (Age 35) — Arrested 9/9/2026 7:56 PM by Kansas Highway Patrol. Charges: Driving Under the Influence of Alcohol or Drugs (Unknown Severity); Possession of Opiate, Opium, Narcotic or Certain Stimulant. Bond: $0.00 (No Bond).

Released

Dugan, Mark Daniel — Released 9/9/2026 10:00 AM via Transferred Out (Douglas County).

Holder, James H — Released 9/9/2026 10:00 AM via Transferred Out (Douglas County).

Muntean, Strugurel — Released 9/9/2026 10:00 AM via Transferred Out (Douglas County).

Murr, Efraim Jamuol — Released 9/9/2026 2:00 PM via Cash Bond (Self).

Total Inmates Released: 4

Documents:

4-State Insurance Agency Opens in Downtown Fort Scott

4-State Insurance Agency opened the Fort Scott office on August 19, 2026.

A new insurance agency has opened a store front in historic downtown Fort Scott.

Leah Smith is the owner of the 4 State Insurance Agency, Lisa Schossow is the Senior Agent who oversees the Farm and Ranch Division; Dan Shireman is the Agency Development Director; and Josie King is the Farm and Ranch Service Advisor. All were born and raised in the Girard area.

Smith has an office in Overland Park, which opened about 15 years ago, and she opened an office in her hometown of Girard eight years ago.

The agency opened shop at the corner of Wall and Main Street on August 19.

Josie King, left, is a farm and ranch service agent, Lisa Schossow is the senior farm and ranch agent.

 

“We thought Fort Scott would be a perfect location between Overland Park and Girard. Leah has always wanted to open another office here it was just waiting for the right timing,” said Schossow. “We found the perfect office location in downtown Fort Scott and are excited to be a part of the happening downtown area. We can’t wait to be involved in community events and support all the area local businesses.”

The 4 State Insurance Agency currently has Sales Advisors, one Commercial Insurance Advisor, three Service Advisors, and a Claims Advisor on staff. “We are looking to hire four full-time people in this office,” Schossow said. “Right now, we are rotating staff from the Girard office.”

“We will be hiring insurance advisors as well as customer service representatives. They will need to hold an insurance license; if they aren’t currently licensed, we will provide resources to pass the tests needed and ongoing training to make sure each advisor is successful.”

The agency provides insurance in the following areas: home, auto, business, crop, livestock, and farm insurance.

“We have a brokerage arm, which gives our team the ability to not only quote through Farmers Insurance, but partner with a variety of insurance carriers to get our clients the best coverage for the right price,” Schossow said. “We also have a team of licensed crop insurance agents in our Farm & Ranch Division who can provide area farmers with Federal crop insurance, Livestock Risk Protection, and insure their farm operation.”

Hours of operation: 8 a.m. to 5 p.m. Monday through Friday and weekends by appointment.

For more information, contact 620.670.4590, visit us on Facebook

 

Bourbon County Commission: landfill covenant, groundwater tests, & four executive sessions

FORT SCOTT — With Chairman Gregg Motley absent following a dental procedure, Vice Chairman Joe Allen presided over his first Bourbon County Commission meeting Wednesday, a session that began at 5 p.m. instead of the usual 5:30, with a work session on public works to follow. Four executive sessions took up about 45 minutes of the 78-minute meeting.

“You guys will have to bear with me. This is the first time I’ve done this,” Allen said as he opened the meeting (video, 3:32). Allen was elected vice chairman Aug. 17, the night the commission removed Samuel Tran as chairman and elected Motley. Commissioners David Beerbower, Mika Milburn-Kee and Samuel Tran took part.

Milburn-Kee amended the agenda to add two executive sessions, one of them, she said, for “Ms. Harper,” and to remove an election-deadline update from Hoyt. She also asked that the minutes of the Aug. 31 and Sept. 2 meetings be pulled and brought back Monday “pending some changes” (video, 5:34). The Aug. 24 minutes were approved. There were no accounts payable to approve; Allen said the item could have come off the agenda as well, “but maybe people want to know there’s nothing” (video, 6:30).

Four closed sessions

The commission went into executive session four times, each under the exception in K.S.A. 75-4319(b)(1) for personnel matters of non-elected employees, and each time returned to open session with no action.

The first, moved by Milburn-Kee, was for 10 minutes (video, 7:18). Allen moved the second for 15 minutes, saying “specifically, the subject will be job duties,” with the four commissioners and Janet Harper from the appraiser’s office(video, 18:51). The third and fourth, near the end of the meeting, were listed as wages and performance, 10 minutes each, with the four commissioners only (video, 52:52) (video, 64:49). After the fourth motion, Hoyt objected to its wording: “Citing the KSA does not explain what you’re doing,” he said (video, 65:34).

Training invoice paid

The commission voted to release a check for a training invoice of about $8,000 that Milburn-Kee said she had questioned. “I reached out to Murphy just because I wanted that this invoice was really vague for $8,000 in training. And from what I had heard from our director that he didn’t even know that we were going to have to pay for training, I thought it must be something real special. It didn’t sound exceptionally special, but it is what it is,” she said (video, 35:29).

“They provided a service, and if we want them to ever provide us a service again, we need to pay our bills,” she said. The motion passed on a voice vote with no opposition heard.

No public comment cards were turned in. Beerbower noted the meeting had started half an hour earlier than usual and asked whether anyone in the room wanted to speak (video, 36:50). Nobody did.

Landfill covenant signed, water tests ordered

Milburn-Kee brought the restrictive covenant for the county’s closed landfill, the property the commission decided in August to put up for sale. In an email read into the record Aug. 3, the Kansas Department of Health and Environment told the county its files showed no covenant had been filed, that the county “has been notified several times that this is required,” and set a Sept. 30 deadline.

Milburn-Kee said the document had grown from a general sample into more than a page of legal description covering several deeds. It will be notarized, filed with the Register of Deeds at $21 a page, paid from the general fund, and a copy sent to KDHE. “That should have been done years and years ago, but we’re doing it now,” she said (video, 38:04). Because the chairman was absent, the commission voted to have Allen sign it for the board.

The commission then approved a $12,990 contract with Triad Environmental for groundwater testing at the site, paid from the Public Works budget. Milburn-Kee said KDHE’s engineer for the site, Mr. Mack, had set out which samples the county needs based on its earlier results, “which we are in default on, because they were due in 2020” (video, 41:47). Asked when the testing was last done, she said 2018. A memo included with the county’s Aug. 31 agenda says KDHE’s most recent monitoring report for the site was completed in November 2017 and that the county’s consent agreement with the state required another round in 2020. The commission authorized Allen to sign the contract, and Milburn-Kee said the work should start immediately.

Asbestos inspection about $3,500

Beerbower reported that Apex Environmental had made an offer for the courthouse asbestos inspection within the $5,000 cap the commission set at its Sept. 2 special meeting, and that he was waiting to hear back from the elevator company so the inspection can be scheduled with an elevator mechanic on site (video, 45:51). Milburn-Kee said the cost “looks like about $3,500 total. And that’s with 30 samples loaded,” including air testing on every floor. She said the courts had asked her to thank everyone for accommodating their move off the third floor.

Appraiser vacancy

The commission signed the state’s notification of county appraiser change for Matt Quick, who resigned Aug. 3 with a last day of Aug. 18. Milburn-Kee said the county is required to report when an appraiser leaves and why, and that she filled in the form using Quick’s resignation letter as the reason because she could not reach the state to ask how it should be worded. “I just did the best I could because I didn’t have any guidance,” she said (video, 46:58).

Milburn-Kee then asked to schedule interviews with the four candidates as soon as they can attend, and said she would rather the county’s human resources contractor handle it. Beerbower said the candidates’ emails had been forwarded to HR. Milburn-Kee encouraged the other commissioners to call the candidates with questions of their own, which drew an objection from Tran. “Because generally, to be fair and impartial in the hiring process, everybody asks the same question of the four individuals,” he said (video, 50:32). Tran said he wanted to take part in the interviews, and the commissioners agreed all five should. Milburn-Kee said only one of the four, Allen County, had been approached by the county rather than applying on its own. On Beerbower’s motion, the commission authorized Milburn-Kee to have HR set up the interviews.

Monday’s hearing

Building the next agenda, Beerbower asked for the policy manual to be added “for the 14th,” and Tran asked to bring back the comprehensive plan and the Confluence contract, a planning and zoning agreement of about $116,500 that the commission tabled 3-2 in July (video, 76:07). Monday’s meeting is also the county’s public hearing on exceeding the revenue-neutral rate, which the county’s published notice sets for 5:30 p.m. Sept. 14 at 210 S. National Ave. “It’s going to be a long agenda,” Allen said.

Milburn-Kee asked what time the newspaper notice said the hearing would begin, and nobody at the table was certain; Beerbower said he thought it was 5:30. The commission adjourned and took a short recess before its work session on public works.

Bourbon County Commission Meeting – Sept. 9, 2026 at 5:00 PM

Note: The Bourbon County Commission meeting on Wednesday, September 9, 2026 will begin at 5:00 PM — a change from the regular meeting time. The meeting will be held at 210 S. National Avenue, Fort Scott, KS 66701. A Commission Work Session will immediately follow the regular open meeting.

The full agenda packet, including prior meeting minutes and supporting materials, is attached as a PDF below.

Meeting of the Bourbon County Commission — Regular Open Meeting

September 9, 2026 | 5:00 PM | 210 S. National Ave., Fort Scott, KS 66701

  1. Call Meeting To Order
  2. Pledge Of Allegiance
  3. Invocation
  4. Introduction
  5. Approval of Agenda
  6. NOTE: Account Payable $ -0-
  7. Approval Of Meeting Minutes from 8-24-2026 & 8-31-2026
  8. Approval of Meeting Minutes from Special Meeting 9-2-2026
  9. Training invoice update – Milburn
  10. Public Comments (limited to 3 minutes)
  11. Department Updates
    1. Election deadline updates – Hoyt
  12. Old Landfill covenant and water testing update – Milburn
  13. Asbestos Testing update – Beerbower
  14. Appraisers change letter and interviews – Milburn
  15. Commissioner Comments
  16. Build Future Agenda
  17. Adjournment

Work Session of County Commission

Immediately following the Regular Open Meeting.

The work session discussions will address public works restructuring, costs, fees and separation plan for the transfer station rates, costs, wage analysis, and related topics.


Minutes: Bourbon County Commission Meeting — August 24, 2026

Fort Scott, KS | Monday, August 24, 2026 | 5:30 PM

Citizens Attendance: Kyle Parks, Jason Silvers, Marlon Merida, Clinton Walker, Teri Husley, Anne Dare, Kenny Allen.

I. Call to Order

The meeting was called to order by Chairman Motley.

II. Pledge of Allegiance

III. Prayer

The invocation was led by Commissioner Beerbower.

IV. Introductions

Present: Commissioner Mika Milburn (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.

V. Approval of Agenda

The agenda was amended to add: Old Business as item XIII (Wildlife and Parks — withdrawal of walking hunting contract), a Verizon contract extension as item XIV, and Kenny Allen (Public Works) as Department Update item X.c. The budget discussion was prioritized to ensure adequate time.

Motion to approve the amended agenda was made by Commissioner Beerbower and seconded by Commissioner Allen. The motion carried unanimously.

VI. Approval of Minutes 08.10.26

Commissioner Milburn noted that the full dialogue from the clerk’s resignation had been added to the minutes as previously requested.

Motion to approve the minutes of August 10, 2026, was made by Commissioner Milburn and seconded by Commissioner Allen. The motion carried unanimously.

VII. Approval of Minutes 08.17.26

Commissioner Milburn identified revisions needed in the draft minutes, noting that speaker attributions were incorrect, including an error in the recorded vote for vice chairman. The minutes were tabled pending correction reviews.

VIII. Approval of Accounts Payable $304,072.99

Motion to approve accounts payable totaling $304,072.99 was made by Commissioner Allen and seconded by Chairman Motley. The motion carried unanimously.

IX. Public Comments

Kyle Parks addressed the Commission regarding unmowed county roads, specifically noting approximately two blocks in Devon and Range Road, which had not been mowed all summer. Chairman Motley committed to following up with the appropriate department.

X. Department Updates

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 identified included wall removal, courtroom technology setup, security camera coordination, determine directional signage, carpet cleaning, and furniture sourcing. It was noted that county maintenance staff and available surplus furniture could cover much of the labor and furnishing needs, with weekend work potentially funded through the jail sales tax fund. Commissioner Beerbower stated his intent to return with an RFP and project budget.

Motion to designate Commissioner Beerbower as project lead for the Bourbon County District Court Temporary Relocation was made by Chairman Motley and seconded by Commissioner Allen. The motion carried unanimously.

Motion to formally approve the use of the building at 108 W. Second Street to temporarily house the district court was made by Commissioner Beerbower and Milburn seconded. The motion carried unanimously.

Motion to close the second and third floors of the courthouse to the public, with staff access only, from October 21 through November 20, was made by Commissioner Milburn and seconded by Chairman Motley. The motion carried unanimously.

Motion to authorize the executive assistant to create a maintenance access card for elevator repair staff was made by Commissioner Milburn and seconded by Chairman Motley. The motion carried unanimously.

b. Elections — Deputy County Clerk Michael Hoyt

Michael Hoyt briefed the Commission on upcoming election deadlines. The ballot for the general election must be submitted to the Secretary of State by September 14, 2026, with work unable to begin until after the September 8th canvass — leaving approximately one week to complete it. The ballot must also be available for overseas military voters by September 19, per the 60-day statutory requirement. Mr. Hoyt requested $4,200 to contract with Clear Ballot for ballot creation services. It was confirmed that sufficient funds remain in the elections training and meetings budget line item to cover this cost without additional appropriation. It was also noted that early voting would be abbreviated to the Saturday–Monday period before the general election to reduce unnecessary expenditure. Mr. Hoyt mentioned a future presentation of other deadline dates in a meeting soon.

c. Kenny Allen — Public Works

Public Works Director Kenny Allen presented a federal funds exchange letter requesting the Chairman’s signature to receive approximately $120,000 in reimbursement for hard surface road work completed to date. The Commission emphasized the importance of advance notice and emailing documents prior to meetings for future requests of this nature.

Director Allen reported that approximately four miles of asphalt had been laid this season, covering Maple Road to 240th, a quarter mile on Osage/215th, and one mile on Hackberry. Work on Yale Road (Maple Crossroads) was expected to begin the following Monday, with an estimated cost of $150,000 for that mile due to a full 5-inch base and overlay construction. The asphalt plant had recently received a replacement part and its performance on the Yale project would be a key indicator of its viability for the following year. The Commission noted that only two to three bush hogs were operational and that mowing had been largely limited to school bus routes.

Motion to authorize the Chairman to sign the federal funds exchange letter was made by Commissioner Beerbower and Allen seconded. The motion carried unanimously.

Director Allen also presented a transfer of funds document reflecting road and bridge expenditures for the year’s asphalt work. The Commission requested that the data be sorted and emailed to all commissioners showing asphalt-specific costs per mile for the current season. Milburn requested a total spent on the four miles of asphalt roads this year.

XI. Approve Cereal Malt Beverage Application

A cereal malt beverage application for a business at Soldier Road and US-69 Highway was presented. The deadline for such applications is September 15.

Motion to authorize the Chairman to sign the cereal malt beverage application was made by Commissioner Allen and Commissioner Beerbower seconded. The motion carried unanimously.

XII. Budget Discussion — Matt Lawn, Baker Tilly

Baker Tilly consultant Matt Lawn presented a scenario analysis in response to Commissioner Milburn’s prior request exploring the effect of holding all non-employee-benefit funds to a revenue-neutral (R&R) mill levy and redirecting the resulting savings to the employee benefit fund and general fund reserves.

Key findings included: the general fund is currently running approximately $290,000 below the adopted 2026 budget; the appraiser fund would be reduced to a near-zero ending fund balance; the election fund faces a significant anticipated expenditure increase; and holding Road & Bridge to R&R would reduce its carryover fund balance to approximately $166,000. The ambulance fund ($66,000) would likely go negative under this scenario.

Lawn noted that with July financials now complete, all projections would be updated for the next meeting. The Commission’s overall objective was articulated as keeping each fund’s ad valorem tax contribution flat at prior-year levels, allowing any assessed valuation growth to build general fund reserves, while permitting funds with independent revenue sources (such as the landfill or ambulance) to grow their budgets accordingly.

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, was made by Commissioner Milburn and seconded by Commissioner Allen. The motion carried unanimously.

Additional unbudgeted expenditures were identified for incorporation into the 2026 estimate: approximately $50,000 for the 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. Lawn committed to building these figures into updated budget scenarios for the next meeting, along with a full review of all remaining funds, a benefits-versus-salary allocation analysis, and a 5% across-the-board wage scenario. The budget public hearing remains scheduled for September 14, with the state submission deadline of October 1 at 5:00 PM.

Wildlife and Parks (Old Business)

Motion to withdraw the county’s walking-in hunting contract on the old dump property, as the City had opted out of its portion of the package agreement, and to authorize the Chairman to sign the withdrawal contract, was made by Commissioner Allen and seconded by Chairman Motley. The motion carried unanimously.

Motion to place the old dump property for sale, pending groundwater testing and compliance with KDHE restrictive deed covenants requirements, was made by Commissioner Beerbower and seconded by Commissioner Milburn. The motion carried unanimously.

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.

XIII. Future Agenda Topics

Topics identified for future agendas included: separation of the landfill/transfer station from Public Works management and associated rate discussion; the opioid fund grant application; a 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.

XIV. Commission Comments

Chairman Motley encouraged all departments and staff to submit supporting documents — contracts, bids, resolutions — to the clerk in advance for inclusion in agenda packets, noting that the county receives more KORA requests than all other jurisdictions served by its IT provider combined, in part because documents are not routinely made publicly available through the agenda.

XV. Adjournment

Motion to adjourn was made by Commissioner Beerbower and seconded by Chairman Motley. The motion carried unanimously. Meeting adjourned at 6:43pm.


Minutes: Bourbon County Commission Meeting — August 31, 2026

August 31, 2026 | 5:30 PM | 210 S. National Ave., Fort Scott, KS 66701

Citizen’s Attendance: Clint Walker, Rachel Walker, Jean Tucker, Marlon Merida, Jason Silvers, Millie Lipscomb, Anne Dare, Jennifer Hawkins, Teri Hulsey, Mike Wunderly, Tim Emerson, Kevin Allen.

I. Call to Order

The meeting was called to order. Attendees were reminded to silence cell phones, take sidebar conversations outside, and refrain from outbursts.

II. Pledge of Allegiance

The Pledge of Allegiance was recited.

III. Invocation

A prayer cited by Commissioner Allen.

IV. Introductions

Present: Commissioner Mika Milburn (District 5), Commissioner David Beerbower (District 2), Commissioner Joe Allen (District 3), Commissioner Gregg Motley (District 4), Deputy County Clerk Michael Hoyt.
Absent: Commissioner Samuel Tran (District 1).

V. Agenda Approval

The agenda was approved as amended, with the removal of the resolution setting meeting rules review and the addition of a public comment period. The District Court relocation item was amended to remove Commissioner Beerbower’s name, and an executive session line item for the appraiser hiring was added.

Motion to approve the agenda as amended was made by Commissioner Milburn and seconded by Commissioner Motley. The motion carried unanimously.

VI. Approval of Accounts Payable $135,585.00

Accounts payable were approved with the exception of two Murphy Tractor invoices totaling $7,849.00; payment was withheld pending verification that the charges were for tires rather than training.

Motion to approve accounts payable minus the Murphy Tractor invoices of $7,849.00 was made by Commissioner Milburn and seconded by Commissioner Motley. The motion carried unanimously.

VII. Approval of Meeting Minutes of 08-17-2026

The minutes of August 17, 2026 were approved without amendment.

Motion to approve the minutes of August 17, 2026 was made by Commissioner Beerbower and seconded by Commissioner Allen. The motion carried unanimously.

a. Approval of Meeting Minutes from 08-24-2026

The minutes of August 24, 2026 were approved pending two corrections: a spelling correction to Commissioner Milburn name, and the removal of an editorial note on the second page that did not reflect any statement made during the meeting. Final will be presented at next meeting on 9-8-2026.

Motion to approve the minutes of August 24, 2026, pending corrections, was made by Commissioner Beerbower and seconded by Commissioner Allen. The motion carried unanimously.

VIII. Public Comment

One public comment was received from Kevin Allen, who addressed concerns regarding the proposed transfer station rate increases and wage adjustments outlined in the public works restructuring proposal. He questioned the rationale for significant CDL driver wage increases without corresponding raises for other staff, the timing of rate increases given current economic conditions, and the financial impact on local businesses and residents.

IX. Department Updates

a. Treasurer Jennifer Hawkins

Treasurer Hawkins reported that the tax sale attorney has completed the first publication in the Tribune, with a second publication scheduled for October and an estimated tax sale date of November or December 2026. Property owners may still redeem their properties up until the day of sale. Publication costs for the delinquent tax list totaled $29,973. The Treasurer’s office is switching to a lower-cost vendor for tax statements, with no change to the information provided. The Treasurer requested and received approval to use the Appraiser’s county vehicle for travel to a conference in Dodge City, saving approximately $486.40 in mileage reimbursement.

Motion to authorize Treasurer Hawkins to use the Appraiser’s vehicle for travel to the Dodge City conference was made by Commissioner Motley and seconded by Commissioner Milburn. The motion carried unanimously.

Hawkins also noted that as outgoing County Clerk Susan’s last day was that date, signatory access to bank accounts would be updated following the Republican Party’s nomination of a replacement the following evening.

Deputy Clerk Update: Deputy Clerk Hoyt reported that all assets assigned to the Clerk’s office had been inventoried and tagged, and that credentialing for the election system was being processed with the Secretary of State’s office. A digital copy of the asset list was offered to commissioners.

X. Budget Discussion — Matt Lawn

Baker Tilly representative Matt Lawn presented an updated budget framework for FY2027. The primary recommendation was to reduce the Road and Bridge mill levy by approximately 4 mills, reallocating those mills to the General Fund and Employee Benefit Fund. This reallocation takes advantage of one-time FEMA reimbursement funds currently in the Road and Bridge Special Improvement Fund, and is understood to be a one-year adjustment requiring the mills to return to their original level in FY2028.

Key highlights included: the General Fund projected with no year-end deficit, a cash reserve buffer of approximately $182,000 in the Employee Benefit Fund, and a more substantial cash reserve built into the General Fund. Commissioner Beerbower requested that funding for the comprehensive plan be split between this year and next year, with approximately $36,000 allocated to the current year. Lawn confirmed this adjustment and noted he would also ensure budget authority exists for the anticipated $50,000 tax foreclosure cost.

Treasurer Hawkins raised a concern regarding the FEMA funds, noting that a portion of the balance in Fund 224 predates the FEMA reimbursements and may include original road and bridge reserves as well as funds needed for bridge grant matching. She committed to pulling detailed reports to clarify which accounts were drawn upon during the FEMA emergency and what, if any, grant matching obligations remain. The Commission directed that this reconciliation be completed before any mill reallocation is finalized.

Lawn noted the budget hearing is scheduled two weeks from the meeting date, with adoption targeted for September 14.

XI. Verizon Contract Extension — Motley

A Verizon document requiring the Chair’s signature was presented. This was identified as an updated tax exemption verification form required by Verizon for their records, not a new contract extension.

Motion to authorize the Chair to sign the Verizon tax exemption document was made by Commissioner Beerbower and seconded by Commissioner Allen. The motion carried unanimously.

XII. S&P Rating Discussion — Motley

Commissioner Motley reported that following discussions with bond counsel Ben Hart and Standard & Poor’s, the county’s bond rating was not downgraded further, though the outlook moved from stable to negative. The commission discussed the importance of building cash reserves toward a meaningful static dollar amount to satisfy S&P’s criteria. The commission agreed to engage Baker Tilly and Ben Hart to develop an incremental plan to improve the county’s standing with S&P, with the understanding that the commission would review and approve any resulting recommendations.

Motion to engage Ben Hart and Baker Tilly in developing a financial improvement plan to address the S&P rating was made by Commissioner Beerbower and seconded by Commissioner Allen. The motion carried unanimously.

XIII. Asbestos Testing Discussion — Motley

Commissioner Motley reported he had consulted with a leading expert on asbestos-related health matters and obtained a bid from ACT Environmental, a testing-only firm with relevant courthouse experience. Following discussion about the scope of testing, the commission voted to test the identified pipe insulation in the courthouse basement and have the company conduct a general inspection of the remainder of the building at no additional cost.

Motion to obtain engage a company that would test the entire courthouse facility to test the identified asbestos concerns and to identify any other areas in the courthouse to inspect and test the remainder of the building was made by Commissioner Milburn and seconded by Commissioner Beerbower. The motion failed 1-3 Milburn voted Yes.

Motion to authorize ACT Environmental to test the identified asbestos concern in the courthouse basement and inspect the remainder of the building was made by Commissioner Allen and seconded by Commissioner Motley. The motion failed 2-2 Milburn and Beerbower voted No.

Commissioner Motley agreed to obtain costs associated with the inspection and testing of the entire courthouse, in addition to the identified areas in the basement.

XIV. Executive Session

Commissioner Milburn motioned pursuant to KSA 75-4519(b1) that the Commission recess into an executive session for 10 minutes to discuss matters of non-elected personnel to protect their privacy. Specifically dealing with appraiser’s position. Included in the executive session will be the 4 commissioners present. We will recess to the executive session room at 18:46pm and return to the commission room at 18:56pm. Motion was seconded by Commissioner Motley and the motion passed unanimously.

Commissioner Motley motioned to return to normal session — no action. Motion was seconded by Milburn and the motion passed unanimously.

XV. Healthcare Sales Tax Review Committee — Gentry & Nichols

Charles Gentry, representing the Emergency Room Sales Tax Monitoring Committee, presented a report covering the period January 1 through June 30, 2026. The 0.25% special purpose sales tax collected $336,741.49 during this period. Of that, $280,602.50 was disbursed to Freeman Hospital of Fort Scott, with a remaining balance of $56,139.44 that was received on June 30 and disbursed in July. The committee confirmed that all funds are being used in accordance with the voter-approved purpose of establishing and operating an emergency room in Bourbon County. The sales tax is effective for five years and terminates upon voter approval of an extension or earlier termination. Upon termination, any remaining funds may be used for EMS services or property tax reduction.

XVI. District Meeting Discussion — Milburn

Commissioner Milburn encouraged commissioners to attend the upcoming Kansas County Commissioners district meeting on October 1, 2026, noting its value for professional development. Commissioners Motley and Milburn indicated they planned to attend.

XVII. Public Works Restructuring — Milburn & Beerbower

Commissioner Beerbower presented a summary of a proposed rate increase and wage adjustment analysis for the transfer station and public works, noting that current county wages and dumping fees are significantly below regional industry standards. Commissioner Milburn noted she had resubmitted Commissioner Beerbower’s earlier restructuring proposal, which identified separate leadership structures for public works, landfill, and maintenance. Transfer station supervisor Diane addressed the commission, cautioning against excessive rate increases that could drive away commercial customers, and raising concerns about the feasibility and equity of proposed wage increases. She committed to bringing recommendations to the work session. The commission agreed a formal work session was the appropriate venue for this discussion.

Motion to hold a work session on public works restructuring was made by Commissioner Beerbower and seconded by Commissioner Milburn. The motion carried unanimously. The work session was scheduled for Wednesday, September 9, 2026, at 5:00 PM.

XVIII. Opioid Grant Program — Milburn

Commissioner Milburn presented a proposed grant application framework for the county’s opioid settlement funds. The purpose is to establish a formal process and file for tracking allocations, applications, and disbursements from those funds, replacing the current practice of tracking decisions through meeting minutes. Self-reporting by recipient organizations would be required, with ineligibility for future grants as the consequence for non-compliance.

Motion to adopt the opioid grant application program and direct the Clerk to establish a dedicated file was made by Commissioner Milburn and seconded by Commissioner Motley. The motion carried unanimously.

XIX. HR Contract/Sourcing Discussion — Allen

Commissioner Allen noted that the county’s HR consulting contract has expired and introduced Millie Lipscomb, a local HR professional, who presented her qualifications and interest in providing HR services to the county. Her background includes 22 years in a client-facing management role, five years in formal HR practice, Six Sigma Greenbelt and Certified Outsourcing Professional credentials, and active SHRM membership. The commission agreed that an RFP should be issued for HR services. Commissioner Allen was asked to head this project.

XXI. District Court Relocation related to renovation to 2nd & 3rd Floor of Courthouse — Milburn

This item was tabled by Commissioner Beerbower. In its place, Commissioner Milburn presented a proposal for renovation of the 2nd and 3rd floor courthouse spaces, to be completed in conjunction with the current relocation of district court staff. Proposed work includes carpet replacement, painting, minor electrical and plumbing for a water line, and moving of cabinetry, all to be coordinated by court staff and county maintenance. Estimated cost of $15,000 to be funded from the jail sales tax fund.

Motion to allocate $15,000 from the jail sales tax fund for the 2nd/3rd floor courthouse renovation was made by Commissioner Milburn and seconded by Commissioner Motley. The motion carried unanimously.

XXII. Burn Ban

Commissioner Allen reported that fire departments in the county were responding to fire calls due to extremely dry conditions, noting that Allen County had already enacted a burn ban. Following a brief discussion about enforceability, the commission approved a two-week countywide burn ban, effective immediately.

Motion to enact a two-week countywide burn ban effective immediately was made by Commissioner Allen and seconded by Commissioner Milburn. The motion carried 3 to 1 Beerbower voting No.

XXIII. Update on Old Landfill Property — Milburn

Commissioner Milburn provided an update on the process for selling the old county landfill property. Work is underway to finalize an accurate legal description for a restrictive covenant, obtain updated water testing quotes, and prepare required disclosures. KDHE approval will be required and may take up to 60 days once formally requested to be sold. No action was taken.

XXIV. Commissioner Comments

Commissioner Motley alerted the public to a rogue email address that was used to hack the city’s IT systems and has been distributing confidential employee payroll data. The commission has blocked the address. Recipients were warned that emails from this address are potentially malicious and that distribution of the hacked data may constitute a criminal offense.

XVIII. Build Future Agenda

A combined regular commission meeting and public works work session was scheduled for Wednesday, September 9, 2026 at 5:00 PM. The work session will address public works restructuring costs, the transfer station rate and wage analysis, and related topics.

XIX. Adjournment

Motion to adjourn was made by Commissioner Motley and seconded by Commissioner Milburn. The motion carried unanimously. The meeting was adjourned.


Minutes: Special Meeting of the Bourbon County Commission — September 2, 2026

September 2, 2026 | 5:00 PM | 210 S. National Ave., Fort Scott, KS 66701

Citizen’s Attendance: Clint Walker, Rachel Walker.

Present: Commissioner Joe Allen (District 3), Commissioner David Beerbower (District 2), Commissioner Mika Milburn (District 5), Commissioner Gregg Motley (District 4), County Deputy Clerk Michael Hoyt.
Commissioner Samuel Tran (District 1) was absent.

I. Call the Meeting to Order

The meeting was called to order by Chairman Motley.

II. Pledge of Allegiance

The Pledge of Allegiance was recited.

IV. Approval of Agenda

The agenda was modified to change the assignment of topic IV to Commissioner Beerbower.

Motion to approve the agenda as amended was made by Chairman Motley and seconded by Commissioner Milburn. Motion passed unanimously by all Commissioners present.

V. Discussion of Asbestos Testing

Research established that federal EPA regulations (National Emissions Standard for Hazardous Air Pollutants) and corresponding state regulations mandate a thorough asbestos inspection before any renovation, demolition, or elevator modernization work may begin. This legal requirement, previously not accounted for in the project timeline, necessitates immediate action.

Commissioner Beerbower noted that the elevator shaft would act as a chimney during construction, drawing air throughout the building, and that suspected asbestos-containing pipe insulation in the basement compounds the urgency. He further noted that Otis, the elevator contractor, must be formally notified of the potential asbestos hazard before work can commence, and that the contractor may need to revise its bid to account for containment measures.

Commissioner Milburn reported that she had contacted Apex Environmental, a firm recommended by a superintendent at J.E. Dunn with firsthand experience of the company’s work. Apex was described as a testing and inspection firm only — not a remediation company — removing any conflict-of-interest concern. The quoted cost was approximately $1,800 for travel and three hours of work, plus $35 per tested sample, with availability within approximately two weeks. Commissioner Milburn emphasized that Apex would provide a written report with findings and recommendations covering the elevator, third-floor renovation, pipe insulation, and any additional areas identified during inspection.

Commissioner Allen noted he had personally observed at least eight areas of concern in the basement warranting testing. Discussion clarified that the inspection scope would need to cover both the historic courthouse and the annex building, and that air quality testing should be included given the planned construction.

The Commission agreed that due to timing constraints — the next regular meeting being September 14, which was considered too close to the construction timeline — a single commissioner should be designated to coordinate all testing, contractor notification, and related logistics. Commissioner Beerbower was designated as the lead coordinator.

Motion to engage Apex Environmental for asbestos testing and inspection services, including the elevator shaft, third-floor walkthrough, pipe insulation, air quality testing, and any additional testing recommended by the inspectors, with Commissioner Beerbower designated as the coordinating lead, and a not-to-exceed budget of $5,000, was made by Commissioner Milburn and seconded by Commissioner Motley. The motion carried unanimously.

VI. Executive Sessions

Commissioner Beerbower motioned pursuant to KSA 75-4519(b1) that the Commission recess into an executive session for 10 minutes to discuss matters of non-elected personnel to protect their privacy. Specifically dealing with salaries. Included in the executive session will be the 4 commissioners present, the Deputy County Clerk Michael Hoyt and, if able, our HR consultant Dr. Cohen, by phone. We will recess to the executive session room at 17:25pm and return to the commission room at 17:35pm. Motion was seconded by Commissioner Allan and the motion passed unanimously.

Commissioner Milburn motioned to return to normal session — no action. Motion was seconded by Allan and the motion passed unanimously.

Commissioner Beerbower motioned pursuant to KSA 75-4519(b1) that the Commission recess into an executive session for 10 minutes to discuss matters of non-elected personnel to protect their privacy. Specifically dealing with salaries. Included in the executive session will be the 4 commissioners present. We will recess to the executive session room at 17:37pm and return to the commission room at 17:47pm. Motion was seconded by Commissioner Allan and the motion passed unanimously.

Commissioner Beerbower motioned to return to normal session — with action. Motion was seconded by Chair Motley and the motion passed unanimously.

Commissioner Beerbower moved that the salary change be approved as suggested, with the salary being reevaluated once the clerk-elect is sworn in and certified by Kansas State Governor Kelly. Motion passed 3 to 1 with Milburn voting no.

Commissioner Beerbower motioned that Chair Motley complete the salary change form required, Commissioner Allan seconded; the motion passed unanimously.

VII. Adjournment

Motion to adjourn was made by Commissioner Allen and seconded by Commissioner Motley. The motion carried unanimously. Meeting adjourned at 17:55pm.

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