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.

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.

Documents:

• Bourbon_County_Agenda_for_Regular_Meeting_September_9_2026.pdf

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

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

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

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

Eligibility requirements

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

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

Nomination process

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

The commission asks that nominees submit the application form, attachments, and any other information or credentials relevant to the nominee’s qualifications electronically as instructed on the nomination form to jdnc.nominationform@kscourts.gov.

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

Public interviews

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

Accommodation

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

ADA Coordinator
ADA@kscourts.gov
785-296-2256
TTY at 711

Appointment process

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

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

Term of office

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

Nominating commission

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

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

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

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

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

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

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

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

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

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

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

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

Treasurer: tax sale expected in November or December

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

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

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

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

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

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

Two-week burn ban takes effect immediately

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Asbestos: broad inspection fails, narrow testing passes

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

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

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

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

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

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

Other business

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

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

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

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

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

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

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

Commissioner comments

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

The commission then adjourned.

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