The north wing, east side of the Bourbon County Courthouse.
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.
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.
Cindy Marie Vann-Green, age 68, resident of Fort Scott, KS, passed away Friday, December 5, 2025, at her home. A Celebration of Life will be held at 1:00 PM, Saturday, December 13, 2025, at the Watson Memorial COGIC, 2215 Appleton, Parsons, KS. Words of remembrance may be submitted online at cheneywitt.com.
The north wing, east side of the Bourbon County Courthouse.
The commission meeting opened with several members of the audience making public comments.
Public Comments
Lora Holdridge: Register of Deeds
Holdridge explained to the commission that her office was moved out of the computer room last week by Stronghold, the county’s IT department. She keeps the equipment needed to run her office there. She expressed concern about Stronghold and CrawKan moving equipment into the space she had been using. With the understanding that dispatch is moving out, she wondered if she could use that space for her 4 scanners and a six-foot shelving unit and another camera. “I just need all my stuff together in one place,” she said.
Commissioner Mika Milburn-Kee said she is working on a resolution delineating where each department will be housed in the courthouse building.
JD Handly
J.D. Handley spoke to the commission, representing himself. He said the three-minute time limit the commission puts on public comments is disrespectful and unnecessary. “You know the saying, ‘If it’s not broke, don’t try to fix it’? Well, I see a lot of that going on,” he said.
Handly mentioned a Public Works employee politely addressing the commission a few weeks ago and asking them some questions. The commission ignored him, according to Handly, which he sees as very disrespectful. He reminded the commission that the employee is a voter and taxpayer, as well as a county employee. He said they owe him a public apology and an invitation back to the meeting to have his questions answered.
“I am tired of the animosity between the clerk and this commission. It’s putrid,” he said. He said County Clerk Susan Walker is capable of serving as the commission’s administrative assistant and could do so if it weren’t for the petty differences between the commission and her.
“We didn’t elect you people to come in here and sit in these seats and bicker amongst one another,” he said. “Set your differences aside and take care of the county’s business. If you can’t do that, then resign and let somebody else in the seat that can.”
He also said that the outsourcing of human resources and payroll is ridiculous.
“Set your differences aside. If you can’t, step out,” he concluded. A few audience members clapped as he left.
Greg Motley — Freeman
Motley is resigning as a Freeman Board Member to avoid a conflict of interest as the County Commission District 4 Commissioner Elect.
He reported that Freeman is serving the county well, operating at a loss of more than seven figures as they await final approval from the state.
Deanna Betts with Bourbon County Core Community
Bett thanked the commission for their support of the poverty program, Core Community, started two years ago.
Over the last two years, they’ve conducted two classes, bringing eight people out of poverty, which is ahead of the average of 3-4 years it normally takes for a person to get out of poverty.
She said they are partnering with Redemption House to offer their participants wrap-around services.
She said they have contribution agreements with the solar companies, so she advocated signing those, as it would enable Core Community to offer more services and get more people out of poverty.
Approval of Minutes (unofficial until approved) 12.01.25
Commissioner Samuel Tran brought up expenses and how the county tracks the technology purchased. He also expressed concern about the fact that department heads can spend their budgets on other departments’ needs. While he agrees with the spirit of helping one another, he doesn’t think this is an ethical process for obtaining the equipment.
Commissioner David Beerbower addressed his concern, saying the commission needs to create oversight, starting on the first of the year with the new commission. He also said that there’s an annual inventory of the county’s property to help track the county’s items per statute.
Tran asked who was checking the inventory.
The County Clerk and the Register of Deeds both offered an explanation of the way they purchased technology, but Beerbower said he didn’t want one at that time.
Tran asked Walker to explain the funding of the county’s longevity pay.
Walker started an explanation, but didn’t complete it. She then said he was being disrespectful and that he didn’t understand how things are done.
Tran said he just wants accurate numbers. When Tran wanted to explain the meeting he had with the clerk to the rest of the commissioners, she refused to stay at the table.
Milburn asked to move locksmith charges from the county commission fund to the IT fund. Motion was approved.
Beerbower moved to approve the consent agenda as corrected. Motion carried.
EMS Award
Tom Odin, a neuroscience nurse from St. Luke’s, presented awards for Bourbon County EMS and Scott Township for a stroke call they took on July 10, 2025. The EMS and Scott Township workers called air evac and transported the patient to St. Luke’s in Kansas City. He is doing fine now.
Odin recognized Michael Houston, Todd Miller, Justine Banwart, Dylan Peterson, Robert Kline, Ron Witter, Adam Miles, and Jason Eastwood for their quick response and activation of AirEMS for rapid transport, which made a significant difference in the patient’s outcome.
The commission participated in a number of executive sessions for lawyer client privilege and returned to session with action.
Resolution 39-25 – Contribution Agreement Hinton Creek Resolution 40-25 – Contribution Agreement Tennyson Creek Resolution 41-25 – Tennyson Creek exemption from Moratorium Hinton Creek First Amendment Tennyson Creek First Amendment Tennyson Creek Contribution Agreement Settlement and Release Agreement Tennyson Creek Settlement and Release Agreement Hinton Creek Contribution Agreement Hinton Creek
The attorney went over the agreements, which have been made available to the public. There are nine documents which mirror each other. There are solar projects on Tennyson Creek and Hinton Creek. These documents seek to resolve pending litigation between various land owners and the board of commissioners. The documents included are two proposed contribution agreements, amendments to development agreements signed by previous commissions, and three resolutions for the board’s consideration including an exemption from the moratorium, and approval of contribution agreements for Hinton Creek and Tennyson Creek.
The attorney advised approving the exemption to the moratorium first and considering the rest of the agreements together, followed by the two resolutions for the contribution agreements.
Beerbower moved to accept Resolution 4125, Tran seconded. Milburn asked for a ten minute recess to look over information.
Before beginning on the voting, they opened the floor for public comments.
Pete Owenby asked about battery electric storage systems. Tran said they don’t have enough information since the project is in the formative stage. 800 megawatts is the maximum aloud per the agreement. There’s a 400 foot setback requirements from a non-participants house.
Owenby asked if the solar company will be allowed to move to other sections. Tran said it depends on the landowners’ willingness to lease to them.
Owenby confirmed that the zoning committee does not affect the Tennyson Creek and Hinton Creek projects.
Randy Mcanulty spoke to the commission about his neighbor across the road. This neighbor is leasing land to the solar companies and his property line is 90 feet from Mcanulty’s house.
He expressed concern for how the land will be cleaned up once the solar farms are obsolete, as well as the reduction in property value for those who live near the farms. He expressed concern about the next generations having to clean up the equipment.
“All they’re doing is screwing their family down the road,” he said of those who take a lease check from the solar companies and let them use the land for their projects.
Mary Pimperton thanked the commissioners for hiring an attorney and negotiating a deal the the solar companies. “I think there’s been a very good resolution come to that will allow the county to benefit from the projects.”
“This is a long time coming,” said Tran. His name was on the original lawsuit prior to becoming a commissioner because he is a firm believer that government officials don’t have the right to take away the next officials’ policing power.
Beerbower moved to adopt resolution 4125, exempting Tennyson Creek and Hinton Creek from the moratorium on solar projects. The motion passed unanimously.
Beerbower then moved to adopt the development agreement, contribution agreement, and settlement and release agreements for both Tennyson and Hinton Creek projects. They were all approved unanimously.
Sonia Lala with Small Business Administration Disaster Recovery
On Oct. 24, 2025, a presidential declaration made federal funding available for working capital loans to help with economy injury disaster enabling small businesses and non-profit’s to meet their financial obligations. The loan can be for up to $2 million, 30 year term, first repayment is after 12 months, no application fee. Call 1-800-659-2955 to apply.
Third and fourth executive sessions with attorney Jacob Millenberg, no action
Culvert Permit – 2222 35th Street
Dustin Hall and Kenny Allen from Public Works addressed the commission, asking for approval to install it. Milburn moved to put it in. The motion passed unanimously.
Jayhawk 240th Speed Limit
Milburn asked Hall and Allen their opinions. Beerbower confirmed that they were referring to 240th from Jayhawk to old Hwy 54. He said that constituents are asking him to leave it the way it is. Tran said the limit is as low as it is for a reason. Milburn suggested the commissioners take a drive out there before making a decision. They agreed.
The bridge at 110th and Fern is completed and awaiting a final inspection for a new load rating.
Resolution 38-25 providing in kind county facilities for the sixth judicial was approved. The annex is completed under budget and the sixth judicial will be moving over there.
Susan Walker – County Clerk
December 22nd meeting is canceled because Beerbower and Tran cannot make it.
Neither Beerbower nor Tran can make the last two meetings of December. This presents a problem because the necessary budget amendments to close out the fiscal year need to be published 10 days before their hearings, by law. Beerbower said he would try to adjust his schedule to make the Dec. 29 meeting.
October 2025 Financials
Clerk Susan Walker asked how they want to receive financials.
Part of her duties as the clerk is to do maps and road records, requiring a computer and software that her office shares with the Register of Deeds, as they both create maps in their offices.
Old Business
Sale of Real Property Resolution – Milburn-Kee
MIlburn read a resolution to establish a policy to sell property belonging to the county through a realtor.
She then moved to sign resolution 42-25. Motion carried.
New Business
Real Property Relief Application – Herman & Darlene Leihsing/Avis Bosley
Milburn had reviewed the application for 2453 Jayhawk Road in Fort Scott and moved they approve the application. It passed unanimously.
Resolution 42-25 – Transfer of Funds
Tran said he was good with transfers for Road and Bridge, EMS, and Law Enforcement. He was concerned about the inmate fund having enough to cover the sheriff’s needs until the end of the year if they pull the $200,000 that the resolution lists. $58,684 was the total needed to meet the county’s longevity pay. Tran and Beerbower discussed pulling $58,300, but not $200,000.
Tran moved to rescind his previous proposal to move the $200,000 from the inmate fund the to the general fund. Motion carried.
They asked the clerk to work on the figures and will deal with it in the next meeting.
Driver’s License Resolution – Milburn-Kee
The resolution does not replace the county’s contract with the drivers license division for provision of a facility. It moves the driver’s license office to Suite 10 in the courthouse building at the same rate as the rent they have been paying for their current location. Resolution was approved.
Areas of Responsibility Courthouse – Milburn-Kee
Milburn is working to craft a resolution describing how the courthouse space will be allocated to the various departments housed there.
Milburn announced that Wreaths Across America is this weekend, and they will start placing them on soldiers graves at the national cemetery on Saturday at 10am.
Commissioner Comments:
Samuel Tran: part of the confusion at the commissioners’ table is from the inability to listen more than talk. He asked the commissioners to take care to articulate what they mean so he can understand them.
This confusion is very frustrating when he gets conflicting information filled with emotions. “I don’t care about your feelings. I care about the facts,” he said.
David Beerbower: in an effort to communicate what has happened over the last week in the county, he read the definitions of “political gamesmanship” and “playground gamesmanship.” He said what happens behind the scenes is pretty close to playground gamesmanship. He expressed the desire to serve as a statesman, not a politician.
He expressed hope that the commission and county government members will work as a team in the new year.
Commissioner Mika Milburn brought up a dispute with the cost of a new firewall for the sheriff’s department. Commissioner Samuel Tran said it was “mission creep,” that the commission hadn’t approved. Sheriff Bill Martin addressed the commission, saying that the quotes for new phones and a firewall were approved in the Sept. 25, 2025 meeting, to be paid for from the jail sales tax.
Commissioner David Beerbower moved to table the issue for a week to iron out the disputes as to when the approval was given.
There was also a dispute about which fund should pay for the mapping services needed to redistrict Bourbon County to 5 districts.
Beerbower said it needed to be paid for regardless of where it comes from. Milburn said she wants to be sure the commissioners’ fund doesn’t get spent without the commission’s direct order. They decided to pay for it from the general government fund.
The remainder of the consent agenda was approved.
Emerson and Co. regarding longevity, insurance
Emerson, County Clerk Susan Walker, and Dr. Cohen addressed the commission.
Emerson addressed the need for the commission’s approval of a quote for COBRA administration, FSA, and HSA. The commission so voted.
Emerson also said that they need to address when the new insurance deduction amounts should be collected from the employees. Until now the process has been to collect them the month prior to their due date in order to have the funds on hand to pay at the beginning of the following month. However, with the new employee navigator integration, funds will not be collected in advance, and the start date of the deductions will be the first payroll in January. Manual deduction entries will need to be added in December, 2025. Emmerson recommended making the change.
Blue Cross Blue Shield requires the county to pay a month in advance, per County Clerk Susan Walker. She said that if they don’t do the deductions in the previous month, the county may not be able to pay for their premiums. She said the county had already planned to manually enter everything by the cutoff date of Dec. 3. She said this problem will come about each December.
She said that employee navigator doesn’t allow for automated employer contributions, so they have to be manually entered.
The clerk also said that they would have to change benefits availability to 30 days after first hire date for county employees. Tran and Cohen both said that is standard industry policy. Tran said he had no problem with that.
Emerson recommended finding out what the cash flow amount shortage would be. The clerk told the commission that the amount needed is approximately $8,800.
Milburn moved to follow Emerson’s recommendation. Tran seconded with a discussion.
Handbook — Dr. Cohen
Cohen brought his current copy of the handbook. He asked for the commissioners’ individual input, then plans to take it to the elected officials and department heads, receive their input and comments, and make changes, then bring a final document to the commission for approval by the first of the year.
Cohen also brought a recommendation to the commission to have them fund an administrative assistant position for the commission. That assistant would cover matters related to personnel, records, benefits, and more.
“It’s become abundantly clear that you need a person that’s accountable to you and you only,” he said. He also said that the funding for that position would come from existing funds currently allocated elsewhere.
Milburn said that up until 2025, the commission had that person in the position of county clerk.
Tran does not oppose the position but has concerns about how they would pay for the person.
Beerbower said funding is the number one issue as well. Cohen said he thought they could find the money and that the commission should approve the decision to fill the position contingent upon finding the funding.
The motion was passed to move forward with recruiting for the position, pending funding.
Tran said they should look at the inmate housing fund to pay insurance for employees and for the commission’s administrative assistant.
Beerbower said he was not willing to do that.
Longevity pay — Dr. Cohen
Cohen addressed bridging, which is when an employee leaves and then returns. He recommended not giving them longevity pay, per his recommendation. He said that if the bridged time is shorter, continuing longevity pay may be a good idea, so long as they return to their original position. He recommended that as a consequence for employees who leave and want to come back.
Beerbower, Milburn, and Tran agreed with Cohen. They agreed that if an employee leaves and is paid out, they cannot come back at the same level they left.
Victory Foronberry, from county corrections, asked about a problem with longevity pay. Tran and Beerbower spoke to her. One of the problems was that a funding stream they voted to use to cover it was contested.
Longevity pay approved by previous commission was put into each department’s budget, but most departments didnt have it in their budgets for this last paycheck.
Tran said they did what they thought was best at the time, but within 72 hours of the commission’s decision, the revenue source was contested.
Davis asked the commission to leave the longevity as is and pay it to the employees. He said that their decision to add a new position, although it is pending the ability to find funding for it, was a terrible decision and makes the entire commission look like they put county employees second.
Sheriff Bill Martin said he doesn’t know who would contest using the inmate housing revenue to pay the employees their longevity.
Another audience member asked the commission to use the inmate housing fund to pay employees what they were promised.
Janet Harper, who works in the appraiser’s office, said that the money sent out on that stub, which was not paid by the county, was her grandchildren’s Christmas.
Tran moved to pull the inmate housing fund and put it into the general fund. Milburn gave a second with discussion.
Sheriff Bill Martin said he came to the commission offering them a 60/40 split a couple of months ago, and they wouldn’t take it. Asking to take all of it is an insult to the sheriff’s office. He said they should only take out what it costs to meet longevity pay requirements.
Clerk Susan Walker said that her projections show that a lot of the inmate housing money will be needed for the sheriff’s budget amendment, and the commission should speak with his financial advisor before moving the money.
“Everytime we try to do something, we’re getting our legs chopped off,” said Tran.
Tran then amended the motion to pull $200,000 from the inmate housing fund. Motion carried with Beerbower voting against.
Tran proposed that they take $55,100 from the general fund to pay for the longevity pay.
Beerbower moved to leave 2025 longevity as it has been and make the changes in 2026.
“We didn’t create this mess. We’re trying to fix this mess,” said Tran.
The motion to pay longevity through the end of 2025 carried, Milburn opposing.
Sheriff Martin said that his 2025 budget was created by two other individuals without input from him. The outgoing commissioners at the time told him his budget was “screwed.”
He asked why Tran made the comment about him choosing to sue the commission. Tran replied that he knew Martin had been “done dirty,” in the past and he wanted to help him. However, Martin’s continuous referral to the requirement that the county give his department what it needs to function seemed like a threat of suing the commission.
Tran said that as an executor for the county, he will take care of the county, and give the Sheriff’s department what it needs, but maybe not what it wants.
Sheriff Martin said the conversation should have happened in his office one-on-one. He told Tran that they (the commission) are confusing everyone with the numbers game. He said he appreciated Tran’s honesty.
Tran and Martin each accused the other of not reaching out to communicate about their issues outside of an open meeting.
Lines of Communication – Susan Walker, county clerk
Walker told the commissioners she needs direction from them about how they intend to communicate with her.
“I’m having trouble getting responses, and it’s very difficult for me to do my job,” she said. “It is very hard for me to do my job as clerk if I cannot get a hold of you,” she said.
Walker said she can’t set up meetings if she can’t get a hold of anyone. She asked for clarification about expectations.
“For the most part, I think that communication works well, especially by the email,” said Beerbower.
Solar Litigation
Beerbower said that the commission has been in litigation with solar developers over agreements signed with the 2024 commission. They are working to find a solution outside of court via mediation.
Next week, the commission will be voting on resolutions to change the moratorium that will exempt these two companies from moving forward with their projects. They will also vote to amend the development agreement, including setbacks for battery systems and emergency training.
There have also been some settlements on pilot money that include settlements totaling about $320,000 per year paid to the county for the next ten years.
Counsel will send to the clerk the needed information for the resolutions, which will be voted on in the December 8th meeting.
Jackie Demott with the appraiser’s office spoke to the commission. She said that while folks have issues with solar, bringing businesses into Bourbon County will help solve the county’s funding issues.
“Maybe you need to start thinking about, not just what is best for each individual, but what is best for the county. What’s going to bring this revenue in?” she said. She suggested they form a committee to bring businesses into the county.
Planning Commission — Bob Johnson
County attorney Bob Johnson attended the new Planning Commission meeting before Thanksgiving. They discussed the procedure going forward, as well as hiring a part-time individual who has helped neighboring counties with their planning commissions.
District 3 Vacancy — Bob Johnson
The Kansas Secretary of State’s legal team has said the commission can either have the replacement for the District 3 come from the old district, or from the newly created District 3, which is preferable and makes more common sense, but either option passes statutory guidance.
The commission passed a resolution for the correct political party to appoint a commissioner for the new district 3 when current district 3 commissioner, Mika Milburn, becomes the commissioner for district 5 in January 2026. That commissioner will hold office until January 2027 with the person elected in November of 2026 is seated on the commission.
The north wing, east side of the Bourbon County Courthouse.
After opening up the meeting with the regular exercises, the commission conducted a number of executive sessions before hearing from the county’s health insurance broker, Don Doherty about health plans for the county employees for 2026.
2026 Benefits Discussion
Commissioner Mika Milburn read aloud portions of an email from a Bourbon County citizen saying that the commission missed an opportunity to make changes in the county’s health care plan that would cause county employees to become more responsible consumers of their health care. The email cited as an example the idea of a high-deductible Health Savings Account plan. The writer also mentioned that the taxpayers bear the burden of paying the high cost of county employee health care.
Milburn said she received other messages along the same lines and that she had voter’s remorse after last week’s vote. She moved to rescind that last vote and have another vote after the discussion with Don Doherty.
Commissioner Samuel Tran seconded it, with the caveat of having an open discussion in the meeting. He said that he, too, had second thoughts after last week’s vote and received emails and phone calls about it afterwards.
“I think we may have missed the boat on that, but I hope we didn’t,” he said. He expressed concern about messing up people and the county as a whole.
The motion to rescind carried with Commissioner David Beerbower opposing.
Doherty presented to the commission regarding the county’s health plan as the county’s insurance broker. He pointed out how hard it is to choose a plan.
He mentioned focusing on helping the employees first. He also said that offering the employees a choice of four different plans allows them to choose what works in their world.
Doherty talked about the prevalence of HSAs in other businesses in the region, mentioning how those who participate get to keep their money and are incentivized to make good health decisions.
He said that 12 percent of the county’s employees made 98% of the claims. Of those remaining, 73% had less than a $1,000 claim, giving them money left-over to put towards their retirement, if they had an HSA option.
Regarding family plans, he mentioned that the plan they voted for last week would only work if the number of employees wanting family coverage doesn’t change. A few changes could blow the budget.
He distributed a document of hypothetical plans that the county could adopt.
Beerbower asked about HSAs. Doherty mentioned that it takes some getting used to for the employees, but they can become very popular because of all the tax advantages.
Tanner O’Dell spoke re. the vote the commission made last week. He was speaking on behalf of “most of the public works employees.” Several of the employees are concerned about losing their longevity pay. He called the commissioners’ failure to account for the 17% increase in insurance costs when making the 2026 budget a mistake, which results in a benefit cut for public works employees. His own example results in a 10% reduction in what he will be able to bring home each month.
He asked the commissioners to answer separately the question of what the employees have done wrong to deserve this pay cut.
Tran expressed concern that the commission take the time to digest the new information from the insurance broker before making a decision.
Beerbower said that the information hasn’t really changed and is concerned with the close of the open enrollment window placing a burden on the county’s employees.
He agreed that the 80/20 plan passed last week fails if the county has an increase in enrollees in the family plan. He also addressed the email Milburn and he both received saying that the county is actually not far off from what other companies provide.
He also said that when the county decided to leave the state plan, they put themselves in this situation, and stated that his goal is to get the county back into the state plan in the future.
Milburn expressed concern about keeping the rich family plan. The current model has proven unstable, and their pool has paid out more in claims than they contributed. She focused on the need to choose a plan that is sustainable regardless of future changes.
Beerbower proposed going to a 75/25 split on all plans except for singles at 85/15. He also mentioned that an HSA seems like a good option for some employees.
County Clerk Susan Walker reminded the commission that not having as many employees in the family plan will reduce the amount paid toward the insurance premiums by employees.
County Counsel Bob Johnson said the commission was focused on the deductible but needed to recognize that most employees are going to be focused on the premiums and their monthly cost.
An audience member who works for EMS said that if they price the employees out of insurance, they will lose employees.
“The best thing to do is we all share in the challenges of life in Bourbon County, ” said Tran. “That’s the best I can hope for, and that’s what I’m striving to do.”
He and Beerbower both stated that the money for the county to absorb the increased cost just isn’t there, and the employees will have to bear some of it.
Tran also said his call for a vote on the health insurance plan last week was a misstep.
Tran moved that the county accept Plan D given to them by Don Dougherty. The motion carried with Milburn dissenting.
The north wing, east side of the Bourbon County Courthouse.
November 10, 2025 Bourbon County Commission Meeting Continued
Sheriff Lease for Vehicles
Sheriff Bill Martin brought new numbers and handed them out to the county commission.
The documentation he provided is for an 11 vehicle lease because they need to replace that many in the current fleet.
Annual lease cost is $137,449 per year. The first year will include police equipment for a total cost of $399,303. This would be paid for out of the jail sales tax, as it’s part of the operations of the sheriff’s office and jail.
Martin said he would get the contract updated.
Milburn wanted to get the numbers together and make sure that the funds would be in the jail sales tax.
County Clerk Susan Walker said she could run the numbers if the sheriff’s department would give her five-year number projections for the vehicle lease.
Martin said they would get the numbers for her. He also expressed frustration at how long it’s taking the commission to come to a decision.
After he left the meeting, Tran expressed concern at the entry cost of nearly $400,000, and said he wasn’t sure Martin needed 11 new vehicles.
Beerbower cautioned Tran about trying to manage Martin’s fleet.
“This is one of those things that got kicked down the road,” said Beerbower. “This is one of those things that he’s been asked to compromise on for several years.”
The north wing, east side of the Bourbon County Courthouse.
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.
The north wing, east side of the Bourbon County Courthouse.
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.
The north wing, east side of the Bourbon County Courthouse.
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.
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.
The north wing, east side of the Bourbon County Courthouse.
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.
The north wing, east side of the Bourbon County Courthouse.
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.
