County Commissioners approved accounts payable and payroll at the opening of their meeting.

Commissioner Mika Milburn Key suggested reviewing the payroll policy regarding how payment is made for employees who go from hourly to salaried.

Commissioner Samuel Tran asked for a deep dive on a particular employee’s status change from full-time to part-time.

The commission tabled approval of the 10-31-2025 payroll.

Public Comments for Items Not on The Agenda

Carol Lydic spoke to the commission about the elections. She serves as the supervising judge at the Grace Baptist Church election site.

“We have a county clerk that went above and beyond last week to catch up,” she said of Susan Walker. Lydic wanted Walker to be recognized for all the hard work she did.

Rachel Walker also spoke to the commission about the elections. She worked with the clerk during advanced voting. She read through a detailed list of the duties of the clerk’s office and challenged the commissioners to go look at the clerk’s election calendar and see how much she is required to accomplish during an election cycle.

Old Business

Bitcoin and Evotech

Ty Patton with Trip, Wolf, and Garrison out of Wichita, KS, has been working with Evotech to help navigate questions and concerns about their operation.

Adam Couch, one of the owners of Evolution Technology (EvoTech), also attended the meeting.

Commissioner David Beerbower asked them to explain their operation.

Patton explained that Bitcoin is a decentralized digital currency which is tracked by “miners.” Their job is to safeguard and compile the data of who owns what bitcoins into data blocks, which are put into a chain of blocks. This system is viewable by the public. Miners are incentivized to solve complicated math puzzles at a high rate. This enables them to build the data block to track and help maintain the ledger of all the bitcoins in the world. Those miners who are the fastest are essentially paid for their work in bitcoin. Mining is actually maintaining the ledger of bitcoin transactions and owners.

Evotech’s operation involves computers solving those math puzzles all the time to try to win the race to get the bitcoin.

The Bitcoin mine is not is a data center. It is a small operation in two shipping containers. The only electricity hookup they have is residential service. The fans and computers are powered by the natural gas generator on site, so as not to impact the electrical grid. No water is used at all. There is no industrial component to this. They use Starlink or Verizon hotspots for their internet.

“Mining is a misnomer for what this is in terms of this actual facility,” he said.

The old transfer station was chosen for this purpose. The Kansas Corporation Commission (KCC) has inspected and signed off on it. There are no peak hours, as the generator runs all the time. The fans only have to run to cool it, so cooler weather results in a quieter operation.

The Bourbon County Sheriff’s Department has helped get decibel readings at a variety of times throughout the day and night. The site is currently running between 55 and 77 dBs at the entryway to the site.

Patton said Evotech wants to be a good neighbor. They have added noise mitigation fences to bring the noise back down. He compared the site to other common noise levels, from conversation to highway noise. He also said that as a transfer station in the past, the noise would have been as high as 80-90dB.

He said there is more they can do, but it would be a significant outlay of between $75,000-$100,000 to build that infrastructure.

He wants to address the concerns of the county and make sure that any steps they take will actually help with the problem. The goal of attending the meeting was to talk it through and get on the same page, and then move forward in a way.

Milburn asked what the purpose of bitcoin is. Patton talked about it as a commodity, “like buying gold.”

She asked if they thought it was reasonable to do noise mitigation. Patton said that he did, in the spirit of being a good neighbor.

She asked if Bitcoin mining is agricultural, commercial, or industrial. In other areas, it’s been zoned agricultural, per Couch’s information, with a conditional use permit. Milburn asked for a list of the counties so she could follow up on the information.

Tran asked how many kilowatts they are producing with their generator. Patton said that at max capacity it generates 1 megawatt. Couch said currently, there’s not a plan to expand the operation. He also said the mine runs at just under capacity right now.

When Tran asked if they were looking at doing the same operation on another site in Bourbon County, they said they we not.

Couch said they build in counties that are zoned and unzoned. They don’t target unzoned counties for building.

Tran asked what decibel level they believe is tenable. “What’s a good level?”

Patton said they want to reduce the ranges further, but it’s a sound engineering puzzle. Couch said they haven’t set a goal yet, but need to work on the adjustment to bring it down.

Beerbower asked for further explanation of the range of sound.  Patton said it is affected by the atmosphere and temperature, which affects how hard the fans are working.

Tran had collected questions from the gallery before the meeting began to streamline the question and answer process.

Charlotte O’Hara had a comment. She was raised about 3 miles from the site. She was surprised by the industrial use and went to visit. She is concerned about this occurring more in Bourbon County, as there are a lot of abandoned gas wells in the area.

According to O’Hara, the EPA has criteria to protect public health and welfare set at 55dB during the day and 45dB in the evening. She also mentioned the amplification of the sound caused by the sound bouncing off their buildings.

Patton responded that the transfer mechanism is what they are using, not an abandoned well. “Nothing here is getting around the KCC,” he said.

He addressed the noise measurement, saying that the data the Sheriff’s department has collected shows the loudest noise is at the property entrance.

Tran read two questions, each asking how and when Evotech plans to quiet it down.

“I don’t have a specific answer for your question….we’re not going to drag it out,” said Couch. He also said the sound fencing and exhaust modifications they’ve already done are the beginning of their plans.

“It’s also a bit of a moving target,” said Patton. “This is already quieter than its original use as a transfer station,” at 80-90dB. It’s already quieter than a lawnmower or vacuum, he said.

Patton said it is a relatively new situation for them. They want to find the best solution and the final solution that is attainable, cost-effective, and fair.

“We’ve made some improvement and we’re going to go further,” he said.

Patton said they would keep the commission informed of their plans and progress.

Derek Ranes told the saga of the building of the bitcoin mine across the road from his house. He asked the representatives from EvoTech if they would like the noise and vibration by their house.

Ranes asked the commission if they would “step up and do something if they don’t,” referring to Evotech.

Tran replied that he will do all in his power as a commissioner to protect the citizens of his county. But it all has to be within the law. He wants a product that helps everybody.

Patton said they are operating the gas wells per the industry standard, approved by the KCC.

Couch said that public comments can have a negative effect on their business, and they will take steps to protect their business.

John Spate asked for a time frame and cost estimate on what it will take to solve this problem.

David Ranes also spoke. He focused on the fact that the noise doesn’t ever stop, unlike the noise of a lawnmower or vacuum cleaner. He also said their noise mitigation fences don’t work.

“That’s all we ask. Quiet it down,” he said.

The commission thanked them for coming in.

The Bourbon County Commission discussed the proposed noise ordinance in a work session on Nov. 3. They held a work session rather than a regular meeting because the clerk’s office was unavailable to record the meeting due to elections.

Commissioner Samuel Tran gave an update on the bitcoin mining noise issue that the commission has been discussing for several weeks. He was at a meeting with the owners of the generator and legal counsel on the property where the generator is housed. Some citizens were nearby, but not allowed on the property.

He said the decibel reading was 58 dB at the gate, which is lower than earlier reported readings. “It was noticeably quieter,” Tran said, than on his previous visits. He asked if the generator was operating at a full load. He was told it was.

Commissioner David Beerbower said that the sheriff’s department reported to him that during subsequent checks after the meeting, the volume “went back up.”

Tran said he spoke to the county’s legal counsel about the noise resolution at some length. He has no issues with creating a resolution, but questions whether or not it’s enforceable. It should be enforced by a planning committee. He expressed concern that the commission is at risk of passing a watered-down resolution that may come across as  way too broad and capricious in its fines or penalties.

Beerbower said he was continuing to work on the resolution, but sees the planning commission getting involved to repeal or amend it as needed. He said a noise resolution is needed now, and the planning commission has a lot on its plate at this time.

Commissioners discussed payroll issues, county IT updates, and leasing vehicles for the Sheriff’s department, as well as the noise resolution in their Oct. 27 meeting.

After regular opening exercises, the approval of minutes for: 09.22.25, 09.23.25, 09.26.25, 09.29.25, 10.06.25, 10.14.25,
10.20.25, 10.22.25 was held up, as Commissioner Mika Milburn had several corrections.

Tran also had some corrections for 9/26/25 and 10/22/25.

Sign 10.20.25 approved minutes for 09.15.25, 09.16.25, 10.07.25

These minutes were gone over in the last meeting. Minutes were approved.

Sign 10.20.25 adopted Resolution 34-25 Meeting Rules

Repeals resolutions 1025, 1125, and 2526. Was approved with Milburn against.

State Rep Rick James — Noise Resolution

James, who represents District 4, commented to the commission about the proposed noise resolution.

“I think it’s a good idea, but I don’t know how it’s going to be enforced,” he said. He said that noise issues are usually handled in civil court.

Planning and zoning are so important, he said, giving citizens an opportunity to have a say in what goes on in their county. Working together to create the regulations creates a more informed population.

“It’s so important to have some kind of regulation in the county,” he said. Not having regulations allows outsiders to come in and do what they want without recourse.

“I really feel that something needs to be done, and planning and zoning would really help [the commission do their job],” he said.

Milburn pointed out that the situation in Lynn County was different than it is in Bourbon County because they had zoning before the noise issues arose.

Payroll Discussion with Payentry

Tim Emerson, managing member for Emerson and Co., was contracted by the county to help with payroll, and he addressed the commission, along with Cassie Johnson of Payentry by phone.

“If I were the commissioners, I would be very concerned based on those comments,” he said of what County Clerk Susan Walker and Assistant Clerk Jennifer Hawkins shared with the commission last week.

Emerson said Dr. Steve Cohen of the county’s HR reached out to him in July to ask for help. Emerson then spoke with the commissioners to find out what the situation was, and believed his company could help in Bourbon County as they had in other counties. The county’s agreement with Payentry has been in place since August 26.

Emerson claimed direct accountability for his employees and the contractors his company works with.

“Clearly this county is hurting. It’s not unique,” he said. Everyone is hurting right now.

He then expressed concern with the intentions of the clerk and assistant clerk, saying they don’t appear to be collaborating with the people that are put in place to help with the change to Payentry. He said their comments were short on facts, and he questioned the timing of those comments.

He said that Payentry is ready to take over payroll for the county as soon as the county provides some needed documentation.

Outstanding items needed to set up Payentry are extensive, and they are not getting the engagement from the county that they typically would when they handle a payroll, said Emerson.

He then read through a list of the training supplied by Payentry and the varied levels of engagement the county clerk’s office provided for those trainings.

He also said the software is highly customizable and people cannot change their position or salary. That idea is “absurd,” he said.

Commissioner Samuel Tran asked what would happen if they don’t execute the contract by the first of the year.

Emerson said it sends a message of distrust to the employees, and leads to a loss of historical data for 2025 as well as the need to re-onboard the county all over again starting in 2026.

Cassie Johnson, over the phone, said they have been asked to leave the punch clock module open by Bourbon County, allowing employees to edit their time sheets. This would not affect pay and would be reviewed by each employee’s supervisor before payroll is approved.

Another option is to lock down that area, requiring edits to be made by supervisors or managers. Best practices is to not to allow employees full access to their time sheets, she said.

Tran asked what the biggest limiting factor in implementing the contract is.

Emerson said that they are ready to go on his end, but they need additional information provided by the county, including details of how the blended overtime works. The goal is to automate that as much as possible.

Cassie estimated that they can get it up and running by the end of the week if they get the information from the county. She said the information should be something that’s readily available to the clerk. She thought it would take a few hours.

Tran expressed frustration that it has taken so long to make the change.

Clerk Susan Walker wanted to clarify some information, but Beerbower denied her that opportunity, requesting that she answer the question about how much time she will need to send the required information to Payentry. He said she had her say last week, and this week, Emerson’s group had theirs.

Walker said she has elections and taxes going on right now, and one of her employees is only part-time. She said it would take her more than a week to get the information.

Emerson questioned the integrity of how long it’s going to take.

Beerbower said he can’t get a timeline to Emerson right now because he isn’t getting the answers he needs from the clerk.

“We are committed to working with you,” said Beerbower.

Walker said in the last meeting she was told to take the time she needed. When she tried to bring up more issues, Beerbower shut her down, saying the commission isn’t going to rehash it again.

Walker then threatened to “go to the media” and walked out.

Tran said everyone has challenges, but as members of the county, they have to work together to move through those challenges. “Putting up roadblocks is not working together,” he said. He asked for a deadline on the eight items needed by payroll.

Beerbower moved to set a date of Nov. 3 for the clerk to have the documentation to Payentry. County Councilor Bob Johnson said they can direct her to do it, but she’s an elected official in her own right, and they can’t make her. He recommended a discussion once emotions calm down. The motion passed.

Consent Agenda
• Approval of 10.24.25 Accounts Payable that was sent for review to the Commission on 10.24.25 (not
mailed until approved on 10.27.25) – Accounts Payable $74,810.79
• September 2025 Financials
• 3rd Quarter Financial Publication Approval

Tran said he noticed EMS is down $103,000. Part of that is due to the holdup of Medicare and Medicaid payments. Walker addressed the issue, saying they should be very concerned, and if they don’t meet the target by the end of the year, it has to be covered by the general fund.

He recommended that the other commissioners review the document.

The commission approved the consent agenda, Milburn voting against because of her objection to the timeline for when the commission receives the consent agenda. Milburn offered to check with other counties to see how much time they get.

Walker said accounts payable go out to the commissioners on Friday mornings, and payroll is distributed to them on the Wednesday before.

Tran pointed out that working for the county is a dynamic job and requires rolling with the punches.

Public Comments for Items Not on The Agenda

Clint Walker — Road and Bridge/Public Works

“I want to give a big kudos to public works for being so professional and doing such a good job,” he said of the work they did trimming trees near his property.

Susan Walker — 911 addresses and flood plan questions

Her office is receiving requests for 911 addresses as well as flood plane management. That is not something her office does, but is done by Emergency Management.

The county is working on replacing the emergency manager.

Old Business

Technology Discussion with Sheriff and Stronghold

Stronghold is the current IT service for Bourbon County. They have a 6-month contract and are working to update and secure the county’s network. The next step in that process is updating switches at Sheriff’s office.

A representative from Stronghold came to update the county on their progress with updates. He said the $11,300 covers more than just the switches at the sheriff’s office. Stronghold would replace unmanaged switches throughout the county with managed switches. While it is possible to have end-of-life switches in the network, in order to segregate each department, the switches need to be replaced.

Commissioner Mika Milburn supported their recommendation as the contracted service for the county’s IT.

Sheriff asked for a breakdown of cost by department. Stronghold offered to do that. They advised that to separate the Sheriff’s department out fully from the county would take a new firewall with a yearly licensing cost of $3,000-$5,000.

Commissioner Samuel Tran said that monetarily, it makes more sense to use Stronghold’s recommendation, with the caveat of coming back to the issue in future as changes are needed.

Chelsea, project manager for Stronghold, said they are 26% of the way through the project after 45 days. They are awaiting approval of the switch change order to keep moving forward.

Stronghold also asked the commission for direction about who should be given access to various parts of the county’s system. Tran agreed that the commission should formalize that process and provide oversight for who gets what access.

Stronghold also suggested that the commission get input from the Stronghold consulting team on any software purchases, which is included in their agreement with the county.

Milburn moved that they go forward with Stronghold’s request to make the hardware updates or changes. Motion carried.

Vehicle Lease Program – Sheriff

Sheriff Bill Martin said that jail sales tax money can be used for maintenance of county buildings, to pay down the bond debt, and for operations of the sheriff’s office and the jail. It cannot be used for salaries or anything outside the scope. Martin wants to use it to pay for cars for his department through the Enterprise leasing program. He also reminded the commission that it is their responsibility, per statute, to provide cars for the sheriff’s office members to do their jobs.

Martin pointed out that the three most important things they need for the job are food, transportation, and communication.

He asked what it’s going to take for the commission to make the decision.

Beerbower asked for the comparable price for the first 5 years of leasing on 7, 8, or 11 vehicles. He said they are deciding on a long-term plan. “If we’re not going to do it, then we have to decide how we’re going to outfit his fleet that could lose as many as 8 vehicles in the next 2 years,” he said.

It will be late spring of 2026 before the new cars are available for the county.

After discussing numbers that didn’t match up for a while, the sheriff asked to step back and get his numbers together, then send all the information to the commission.

Milburn wanted the cost of maintenance included. Tran asked them to include information covering the highest cost for the extra equipment in the totals.

They will bring it back next week.

Noise Resolution Discussion

Commissioner David Beerbower started the discussion by reading a statement, saying he proposed a noise resolution as an attempt to solve a problem for the citizens of the county. He has received feedback from constituents to the effect that any action by the government is “overreach against conservative values.” He advocated “ordered liberty,” saying they should not rush into any ordinance, but they should hand it off to the planning commission to allow them to handle the review and public hearings that go along with it.

Milburn agreed with the idea that the planning commission should handle it.

“I have thought about this all weekend long. It is a complex issue,” said Tran. He is very aware of how his actions now affect the future and the importance of not introducing unintended consequences. He also suggested that the verbiage in the current draft of the resolution is tantamount to zoning, which they cannot do as a commission. That is the job of the planning commission. “They bring it to us and we approve it, but we don’t formulate it,” he said.

“That does not diminish our responsibility for the core group of constituents that are currently suffering with this dilemma,” said Tran.

Milburn asked if the appraiser had been out to the property to change the taxation category from agriculture to industrial. He has not yet. County Counselor Bob Johnson said that as long as they stay within the state statute, that is an appropriate action for the county to take.

Sheriff Bill Martin said that the detective in charge of the case is meeting with attorneys at the site. Tran said he would take off work to be at that meeting.

Johnson said that all resolutions need to be legal and have a way to enforce them. He said that under home rule powers the commission can make it a crime, but that is not advisable.

Sheriff Martin said that he can’t enforce a noise resolution, but a codes enforcement officer would have to be hired by the county. He suggested it might fall under commerce rules.

Tran said he sees three options available to alleviate the current situation: 1. Citizens litigate in civil court with their own lawyer; 2. Pursue the zoning committee noise ordinance; 3. The county mediates a meeting with both parties and helps them reach a compromise that benefits both parties.

Martin suggested using an emergency management employee as a codes enforcer.

Public Comments

Michael Hoyt said the resolution could easily be rewritten to be enforced in civil court.

Johnson warned about selective prosecution as well as the county setting itself up to take an entity to court.

Dereck Ranes said there is no comparison to the noise his family endures from the bitcoin mining generator and a train horn or motorcycles or dogs or lawn mowing because none of those noises are continuous. Ranes also told the commission they had the power to pass the ordinance and hire a codes officer to enforce it.

“We have no avenue in Bourbon County that requires someone to say, ‘I’m putting a business in,'” said Beerbower.

John Spate’s property adjoins the property containing the bitcoin mine. The peace and quiet, deer and turkeys that he moved to Bourbon County to enjoy, are all gone.

He said he doesn’t think they should use a civil solution.

Tim Emerson said they should pass the resolution tonight with the addition of a special use permit.

Beerbower asked if the commission wanted to continue with the noise resolution or leave it in the hands of the planning commission.

He said he wants to continue with the noise resolution but change it to civil penalties.

They planned to convene the planning commission on 5 p.m. Nov. 30.

Beerbower said he would bring another draft of the noise resolution to the meeting on Nov. 3.

Tran addressed the gallery, asking what they wanted from the bitcoin miners at a minimum. They said quiet is the first requirement and the vibration.

Before discussing a proposed noise ordinance, the clerk’s office addressed the commission concerning the new payroll company the county is changing over to.

Payroll

County Clerk Susan Walker read a statement to the commission about the payroll and benefits problems they are currently having with the new payroll system the county.

“It was not an operation improvement. It was a political move,” she said the commission’s decision to hire Pay Entry to do the county’s payroll.

“It undermines the efficiency,” she said.  It has not saved time for her office but has added to the hours needed.

Walker also stated that recent comments in commission meetings implied a failure of her office. Implying that any payment has been processed without prior approval is false.

Jennifer Hawkins, Deputy Clerk, addressed the commission regarding  the affects of what the new payroll system is doing.

She is working directly with Pay Entry and cited several issues she found in her meeting with them Thursday morning.

“My main concern is employees can change the cost center and their job title,” even by accident, she said, which would change their pay rates and what account their pay comes out of. Pay Entry said they cannot lock employees out of that part of the program without locking everyone else out too, including supervisors.

“The system seems rather clunky compared to what we have now. In my opinion, it’s taking two steps back compared to what we now use,” said Jennifer.

Commissioners Samuel Tran and Mika Milburn both wanted to include the vendor’s representative in a meeting about the issues.

Commissioner David Beerbower suggested putting the changeover to having Pay Entry manage the county’s payroll (which was to take place on Sunday) on hold until they can have a meeting with the payroll vendor at the regular commission meeting on Monday.

This shouldn’t be happening during the election time, Beerbower pointed out, as the clerk has election responsibilities taking her time.

Beerbower told Milburn to reach out to Emerson to ask for a delay in starting up to allow for time to work out the issues.

Walker said she was asked to start up at the end of the quarter, and she suggested waiting to start up until the start of the new year.

Tran said the commission needs to discuss it among the three of them. He also said that when there’s a problem, those involved are either a help or a hindrance.

He said the county officials and employees need to work as a team.

He also said they are trying to make things better.

Walker said that nothing was broken in the system that the county had been using.

Milburn will pass on the clerk’s office issues to Pay Entry, and the changeover will be delayed until the problems can be worked out.

Noise Ordinance Resolution

Tran said he spoke to the county’s attorneys, and the county doesn’t have standing for an injunction or a cease and desist order, so the noise ordinance is the next step they can take. It will give them standing.

Beerbower shared a noise resolution example with the commission that a citizen had given him for review. He said it is similar to noise resolutions in Atchison and Douglas Counties.

Some highlights from the resolution he read include:

Defining “plainly audible” as sound an unaided human ear 75 feet from the source can hear. Tran also requested the addition of reverberation to the ordinance.

The ordinance differentiated between residential, agricultural and commercial/industrial areas. It also distinguished between noise volume allowed during the day and night.

Daytime (7 AM-10 PM) decibel limits in the ordinance are 60 dB in residential, 65 in agricultural, and 70 in commercial and industrial areas.

Actions on the list of violations include: operating outdoor power equipment between 10 PM and 7 AM, operating muffler-less vehicles, operating amplified music or a speaker at a volume heard beyond the property boundary.

Normal agriculture operations, special events, and construction during the day are exempted from the resolution.

Enforcement would be by the sheriff’s department. Violations may result in a citation and misdemeanor charge with fines of $500 and up to 30 days in jail. Each day of the violation qualifies as a separate offense. The county can seek an injunction to stop continuous offenders.

Beerbower expressed concern about adding decibel levels to the resolution because of the issue of who measures the sound.

He said the language of the ordinance, which calls noise that causes damage to another’s health and impedes their ability to enjoy their life a violation, is adequate.

Public Comments

Zach Cross expressed concern that the commissioners consider grandfathering in existing businesses. He owns a kennel business in the south end of the county and is concerned about his ability to continue to operate if a new neighbor doesn’t want the noise of the kennel so close to their property.

Mary Ridge expressed concern about noise from gunfire and fireworks.

Michael Hoyt compared the ordinance to a speed limit change, which is enforced the minute it’s published.

Beerbower asked Tran and Milburn if they had any changes to suggest.

Beerbower asked to bring it back to the regular meeting on Monday. He said he would get legal’s opinion before then.

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

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

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

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

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

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

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

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

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

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

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

Casey Brown – SEK-Cap Public Transportation

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

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

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

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

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

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

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

No action was taken.

Public Works: Equipment Repair

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

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

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

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

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

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

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

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

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

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

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

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

Public Comments for Items Not on The Agenda

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

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

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

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

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

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

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

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

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

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

Old Business

108 W 2nd

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

EMS

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

Noise Resolution

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

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

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

Noise resolution was added to the Nov. 10 agenda.

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

Technology Discussion

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

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

Meeting Resolution

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

He read the proposed resolution aloud.

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

New Business
SOP – Public Works

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

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

Commission Comments

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

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

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

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

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

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

Consent Agenda
Approval of 10.10.25 Accounts Payable $161,009.81

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

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

Approval of tax corrections

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

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

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

Trailer Reconsideration

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

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

The commission approved the purchase.

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

Bitcoin Mining Discussion

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Tech Discussion

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

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

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

Insurance Update

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

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

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

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

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

They put it on the calendar for Oct. 27.

190th Street Benefit District

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

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

Eagle Road

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

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

95th & Unique

The commission decided to table it indefinitely.

Planning Commission

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

Elevator

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

Meetings Resolution

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

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

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