Continuation of yesterday’s county commission story

Sanitation Issue – Milburn-Kee

Commissioner Mika Milburn-Kee has been working with the county counselor to get the information needed to the county attorney so that appropriate action can be taken regarding a residence with sewage seeping into the lake.

She also noted that in the Dec. 20, 2024 county commission meeting, the county attorney at the time handed this information off to the chairman of the board when he resigned his position. Neither she nor Commissioner David Beerbower knows what happened to the work that was done by the previous county attorney.

Commissioner Samuel Tran asked if the homeowner had been notified of the problem. Milburn-Kee said that a letter was sent April 5, 2024 notifying of a $200 per day fine.

Parliamentarian Kaety Bower said that the county had the tank pumped a few years ago, at the taxpayers’ expense, but it hasn’t been maintained since then, and now there’s human waste running into the lake and puddling in driveways.

Tran expressed frustration that it had not been followed up on. Milburn-Kee said that the county lacks a policy and proceedure that would lead to a satisfactory conclusion at this time.

Tran asked how the county would go about condemning the building, if it becomes necessary. He also suggested that the commission give the county assessor the authority to ticket violators of the only code in the county, which is the sewage code.

Beerbower proposed that the county pump the tank to give them time to get the problem fixed. Bowers said it would take 4 weeks to fill back up.

Elevator Estimate KSA 19-214

It will cost approximately $200,000 to bring the courthouse elevator up to requirements. The elevator is currently out of compliance. The current projected start date for the project is the end of January, 2026.

Tran and Beerbower both expressed that they want to see the statement of work from the contractor so the commission is aware of what is involved in the job.

The courthouse maintenance supervisor, who has gathered the bid and information for the work needed, is leaving his position at the end of 2025.

Noise Resolution – Beerbower

Beerbower presented the commission with an updated noise resolution. The county counselor said that it should be handed over to the planning commission.

The revised resolution has EPA decibel level guidelines: decibel levels are to be no greater than 70dB for a 24 hour period, or greater than 55dB outdoors from 7a-10p near sensitive areas (residences), or 45dB indoors 7a-10p in sensitive areas, and no greater than 45 dB outdoors overnight (10p-7a). These measurements, recorded within 75 feet of the source, will be considered in violation. Enforcement shall be by the Bourbon County Commission or its designee. Violations will result in: notice of violation, demand for corrective action, citation, or all three. Fines can be up to $500, and each day in violation is considered a new offense.

Beerbower then moved that the commission adopt the resolution, numbered 50-25.

Milburn pointed out that there is already state code that the commission hasn’t been able to enforce and questioned the county’s ability to enforce a new ordinance without a procedure for follow-through.

Resolution passed, Milburn voting against.

Planning Commission Moratorium – Beerbower

In the last meeting of the planning commission, they reintroduced that they would like a moratorium halting all other entities from coming in to Bourbon County and starting up to allow them a year to develop a comprehensive plan and zoning for the unincorporated areas of Bourbon County.

The temporary moratorium would include: utility level, power generation and storage systems, including but not limited to wind, solar, battery energy storage systems, nuclear fission, crypto mining, data centers, and waste disposal.

Tran told the commission they did a good job at their meeting. He had no issue with the moratorium. Milburn-Kee said she didn’t have an issue either.

Beerbower said the moratorium would give the planning commission time to get its feet under it and make a plan.

He moved to have the county counselor draft a moratorium as directed by the planning commission, with a deadline of Jan. 5, 2026.

Motion passed unanimously

New Business

Budget Amendment (Need Date and Time)

County Clerk Susan Walker said that two funds require a budget amendment at this time: the Law Enforcement Fund and the County Sales Tax Fund.

The amendment for the Law Enforcement Fund will take it from $2.2 million to $2.6 million, and the County Sales Tax from $926,935 to $1,633,692.

Commissioners Beerbower and Tran are unavailable for the budget amendment meeting before the end of the year.

Without the amendment, the county will have two budget violations in its regular audit.

Sheriff Martin got Bern Hart, his department’s financial advisor, on the phone to address the commission.

Hart said that the Sheriff’s 2025 budget did not take past costs or the trends of those costs into account.

“The Sheriff’s over budget because he wasn’t given enough budget for 2025 to operate,” said Hart.

Milburn said her expectation is for departments to stay within their budget, rather than levy more mills and “give everyone what they want.”

Sheriff Martin and County Clerk Susan Walker were at the table for the discussion. They both left to have a discussion outside of the open meeting.

When they came back, Sheriff Martin said that the three offices the county must support reasonably to operate: the Sheriff, the County Attorney, and the District Court.

Hart pointed out that all the sheriff’s operations come from one fund. He also said that his department raised $395,000 from housing inmates.

“The sheriff’s brought in more than enough money to cover the budget amendment that he’s asking for,” he said. “He’s not asking for any more money. He’s just asking to use the money that he’s already raised.”

Susan Walker said the budget in question was made while she was CFO. She didn’t make the decisions independently, but in conjunction with the commission at the time.

“We are at an impasse on the budget amendment,” said Beerbower. No further action was taken.

The Bourbon County Commissioners will hold a special meeting Thursday, Dec. 18 at 3pm in the commission chambers.

The meeting agenda includes signing a vacation and sick leave policy resolution and a noise resolution as well as three executive sessions.

The Commission Will Not Meet on December 22nd or 29th 2025

Soldier Road Concerns– JD Handly, Osage Township Trustee

Handly told the commission that several citizens have contacted him with concerns about the condition of Soldier Road, which has been in poor condition since 2023.

“I apologize for not bringing a solution to the table, but we’ve got a real problem with that road. If you’ve traveled it, you know what I’m talking about,” he said.

It has standing water and reverse crowning and takes a lot of heavy logging traffic from Missouri.

“I believe they’re doing the best they can with the training that they have and the equipment they’ve been working with,” he said of the county’s public works department.

His goal is to get it on the radar and begin to have a conversation about it with the county.

Dustin from Public Works acknowledged that the road does need some attention and receives a lot of truck traffic which is causing damage.

Benefit District – Dustin

Kenny, who was out sick, wrote up an estimate for the benefit district that Dustin hasn’t seen. The county also needs a waiver restoration letter and more clarity about what the district wants regarding the distance paved and the width of the road. There are also culverts involved and a city fire hydrant requiring a 60-foot easement, per commissioner Samuel Tran. Commissioner Mika Milburn-Kee said she would reach back out to the homeowners to get the details hammered out.

Public Comments

Mike Houston from Mapleton: Observation and Attitudes

Houston addressed the commission as “a citizen and taxpayer.” He commended them for conducting the meeting this week better than in the previous week.

He also said it seems like the commission has forgotten that Susan Walker, County Clerk, is an elected official, too. She is to follow the guidelines from the state, just like the commissioners need to. In a public forum and meeting, remember that the commission is meeting for the sake of the community and the county’s employees as well as other elected officials.

Department Updates

Bill Martin – Sheriff

“I was incorrect,” said Martin, regarding the previous discussion about the commission’s approval of funding for phones and technology updates for his department. The board did approve the phones for the sheriff’s department in the Sept. 15 meeting. “My apologies,” he said.

The new phone system cost the sheriff’s department $693 less than the original estimate.

Sheriff Martin commented on the confusion about Stronghold and the county’s lack of an IT department.

Milburn said the county has hired Stronghold as managed services for the county as well as for special projects.

Martin reiterated his open-door policy and asked the commissioners to come to him with anything they need to discuss.

Susan Walker – County Clerk

Resolution 44-25 R&B Sales Tax to R&B $600,000 Road and Bridge Sales Tax Transfer for work completed. Approved.

Tran asked if the commission would continue to do their business in resolution form, and they agreed to do so at Milburn’s suggestion.

Resolution 45-25 EMS Equip to EMS $26,530.06

Moving the reserve over to their operation fund. Approved.

Resolution 46-25 Jail Sales Tax to Law Enforcement $250,000 Approved.

Resolution 47-25 Inmate Fees to General $60,200

This is done to cover the longevity pay. Approved.

Payroll

Walker asked about the timeline for the implementation of pay cuts to the County Clerk and Register of Deeds from the commission’s decision to take payroll duties from the Clerk’s office and road record duties from the Register of Deeds office.

The county is in the process of hiring a person to do payroll and will have a special meeting with executive sessions to conduct interviews on Thursday, Dec. 18 at 3 p.m.

The commission said to implement the new pay rate January 1, 2026.

Benefits Termination Timeframe

The commission voted to terminate employee benefits at the time of employment termination, not carry it through the end of the month, as has been the previous policy.

“Supervisors either have to be timely on their terminations, or we go to this [benefits end at termination date, no longer carry through the end of the month],” said Walker.

Motion carried, Commissioner David Beerbower opposed.

Old Business

SEK Mental Health Board Members – Tran

Tran brought up the subject of serving SEK Mental Health as a board member.

Beerbower said he too, had heard from other counties and there’s concern about how the SEK Mental Health Board is being run, particularly with the salaries of the leadership.

Milburn said that she had a call from the CEO of Mental Health saying they are making adjustments to salaries. He also sent her a text highlighting the collaboration of SEK Mental Health with Freeman Hospital.

She read an email from one of the Bourbon County volunteer board members asking that the commission call him and his fellow Bourbon County board member to the table and discuss it.

“If you can’t have a transparent NGO (non-government organization), then it’s not a service to the people the way the people need it,” said Tran. Information should be provided freely, especially since the organization takes federal taxpayer dollars.

Beerbower moved to terminate the volunteer board members representing Bourbon County with the SEK Mental Health Board, effective immediately.

Milburn asked that the commission allow those board members to attend and be terminated in person.

The motion carried, Milburn voting against.

Beerbower moved to appoint himself and commissioner Tran to the open positions, to be revisited when the new commissioners are added to the board in January. Motion carried.

Resolution for Courthouse Space – Milburn-Kee

“We really need to clean up the space before we start allocating new space,” said Tran. He pointed out that before they allow departments to expand into new spaces, they need to clean up the courthouse because there is stuff everywhere.

Beerbower said it is quite evident that the board needs to do a walk-through and make some decisions about items currently stored in the courthouse.

They adopted the resolution delineating the current use of space in the courthouse.

108 W 2nd Street Realtor Selection – Milburn-Kee

Milburn-Kee said she asked realtors if they would be willing to sell the building in question. She said it is quite evident that local realtors have a “bad taste in their mouths” from previous work with municipalities, particularly the City of Fort Scott and the sale of lake lots.

She does have one realtor who expressed interest. She recused herself from the voting process.

Tran motioned to allow Stuart Realty Company to list the building for $200,000. Motion carried. Milburn abstained.

Handbook Approval – Milburn-Kee

Dr. Cohen, Bourbon County’s HR department, recommended that the commission approve the vacation and sick leave accrual policy of 1/12 per month of the amount allocated for the employee, rather than giving them the full amount on January 1 of the year, as is the current policy, removing the county’s liability for all of the sick leave or vacation pay should an employee terminate.

Payroll and benefits are to be figured from the employees most recent hire date.

These changes are to be implemented prior to the new handbook implementation, which is taking longer than anticipated.

Milburn-Kee handed out a resolution based on his recommendation.

Historically the county has had a use-it-or-loose-it policy regarding vacation time. Both vacation and sick leave have been front-loaded in January as well.

Beerbower said that vacation is an earning that increases with time. Not front-loading it means that vacations will all be taken at once in the second half of the year, after employees have accrued enough leave to take time off.

He said that one or two people who may quit early in the year shouldn’t mess it up for the whole group.

Walker said that the county doesn’t have the financial means to fund carry-over vacation. It’s built into their wages.

“You can adopt it, but you’ll find out within a year that you can’t afford it,” said Walker. The county’s financial statements must show that the county can fund the liability of vacation time.

Terry from EMS suggested that those who have years of service are being penalized by only allowing 1/12 per month. This is particularly apt in the first responder world. Currently, salaried employees and elected officials don’t log their sick time or vacation time, and have no cap, but supervisors can deny them leave.

Milburn said they are moving to standardize it for now until the handbook is approved, which gives them the option to adjust it later.

Undersheriff Davidson spoke to the commission, saying it is disrespectful to the employees of the county to make this change. He questioned the commission’s need to control how people take their vacations. He questioned the idea that Dr. Cohen independently brought up this issue on his own. He also accused the commission of attempting a power grab.

Sheriff Bill Martin asked what the hurry is to push the changes through. He also pointed out that they should wait until the other commissioners are sworn in.

Regarding the handbook he said, “Let’s not pick and choose. Let’s do it all together.”

Walker said that the payroll process has the vacation of 2025 available until the second week of January, giving the board some more time.

Tran said it’s not a power grab, but an effort to follow the recommendation of the county’s HR specialist to create a rule-book you can live by. He also mentioned the ability to ask for advanced leave.

Beerbower said that the message of this change is that the county commissioners don’t trust the employees not to take advantage of the county by quitting at the beginning of the year, requiring payout of all their front-loaded vacation time. He said he’s in favor of slowing down and not making big changes.

Beerbower said that the carryover is to cover times when employees can’t use their leave because of their duties.

Tran pointed out that policies are not laws and have exemptions.

Parliamentarian Kaety Bower said there are middle-ground options that could apply here.

Tran said he spoke to a constituent during a meeting recess and pointed out that the county should not do harm to employees by removing their vacation time, jeopardizing the plans they have made by purchasing vacation tickets, and causing them to lose the cost of the tickets.

He proposed front-loading half of their vacation in January with the stipulation that if a county employee leaves before the end of June, he or she will pay back unspent vacation time. This is a compromise that will get the county through 2026, with the understanding that there will be no front-loading at all starting in 2027.

Beerbower said he doesn’t think the issue needs to be rushed. He wants to wait to make any changes until after the new year.

Sheriff Bill Martin said it doesn’t look good to make this change and then not meet for two weeks.

Milburn moved to approve Resolution 49-25 as amended by Tran. Tran seconded and then explained that the county hired a functional expert in the person of Mr. Cohen to guide them in this matter, but the clerk is also warning about the financial feasibility. He thinks the compromise he proposed is the best option.

Motion passed with Beerbower voting against.