AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BOURBON COUNTY, KANSAS, REGULATING UNREASONABLE, EXCESSIVE, AND DISTURBING NOISE WITHIN THE COUNTY, AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF.

Article I — Purpose and Authority

Whereas public health, safety, comfort, and welfare are best served by reasonable regulation of loud, unnecessary, or unusual noises, the Board of County Commissioners of Bourbon County, Kansas, by authority granted under K.S.A. 19-101a and other applicable laws, does hereby adopt this Noise Ordinance.

Article II — Definitions

1. Noise means any sound that is loud, discordant, or unnatural to the surroundings and which endangers or injures the public health or welfare, or disturbs the reasonable peace, comfort, or repose of persons.
2. Residential property means any property upon which a dwelling unit is located.
3. Plainly audible means a sound that can be heard by an unaided human ear at a distance of seventy-five (75) feet from the source.
4. Stationary source means any sound-producing device which is not mobile, including mechanical devices, fixed engines, or equipment.
5. Motor vehicle means any vehicle intended for highway use, including automobiles, trucks, and motorcycles.

Article III — Prohibited Acts

1. It shall be unlawful for any person to make, continue, cause, or permit to be made or continued any loud, unnecessary, unusual, or unnatural noise which either:

   a. Annoys, disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others; or

   b. Interferes with the comfortable enjoyment of life or property by a person of reasonable sensibilities.

2. Between the hours of 10:00 p.m. and 7:00 a.m., it shall be unlawful to cause any noise which is plainly audible at a distance of seventy-five (75) feet or more from the source on any residential property.
3. No person shall operate or permit to be operated any motor vehicle or sound amplification system in a motor vehicle so as to make or cause to be made any sound which is plainly audible at a distance of fifty (50) feet or more from the motor vehicle.
4. Stationary sources shall not emit sound that exceeds the maximum permissible levels below when measured at the boundary of another property:

Article IV — Specific Prohibitions

The following acts are declared to be violations of this ordinance, but this list is not exclusive:

1. Operating outdoor power equipment, lawn tools, or machinery between 10:00 p.m. and 7:00 a.m..
2. Discharging the exhaust of any engine or device except through a muffler designed to prevent loud or explosive noise.
3. Operating a vehicle or machinery in such a manner as to create unnecessary grating, grinding, or rattling sounds.
4. Operating amplified music or loudspeakers at a volume plainly audible at or beyond the property boundary.

Article V — Exceptions

This ordinance shall not apply to:

• Emergency vehicles and public safety operations during emergencies.
• Activities authorized by county permit (special events, parades, etc.).
• Normal farm and agricultural operations consistent with accepted practices.
• Construction or maintenance activities conducted between 7:00 a.m. and 9:00 p.m., provided reasonable noise control is observed.

Article VI — Enforcement and Penalties

1. Enforcement shall be by the Bourbon County Sheriff or authorized designee.
2. Violations may result in a Notice of Violation, citation, or both.
3. Any person convicted shall be guilty of a misdemeanor and subject to a fine of not more than five hundred dollars ($500.00), imprisonment in the county jail for not more than thirty (30) days, or both.
4. Each day of violation constitutes a separate offense.
5. The county may seek abatement or injunctive relief to stop continued violations.

Article VII — Severability

If any portion of this ordinance is held invalid, the remainder shall remain in full force and effect.

Article VIII — Effective Date

This ordinance shall take effect and be in force after publication once in the official county newspaper, as provided by law.

The cost of employee benefits in 2024 for Bourbon County has come up frequently in recent discussions about the county budget. Generally, the number has been given at around $4,000,000 for about 100 employees.

In paperwork from the county, the actual amount budgeted for 2024 was $4,379,580, but the amount actually spent in 2024 was $3,942,848.

While those numbers are correct in the sense that they represent the amount that shows up on the accounting document, the roughly $4 million amount includes money that is deducted from the employee’s paycheck for various benefits. For example, if an employee’s family is being covered by county health insurance, the employee is responsible for a portion of those premiums, but the amount the employee reimburses still shows up as outflow under the Health line item.

In 2024, $1,490,497.44 was deposited into the employee benefits account as “Reimbursed Expenditure” from employee salary deductions, which covered employee contributions for benefits. These deductions include various types of insurance that the employee can choose to pay for, as well as money funding health savings accounts or flexible spending arrangements.

So to get a better idea of how much of the money being payed out in employee benefits is actually being paid by the county and not the employees, the amount that is being paid by employee payroll deductions needs to be subtracted from the amount flowing out of that account. The total employee benefit expenditures minus the amount reimbursed via payroll deductions come to $2,452,351.46.

With approximately 100 employees, this would bring the average spent per person on county employee benefits closer to the $24,000 range, rather than the $40,000 range, as it might appear at first glance.

Key points from 8/11/2025 Commission Meeting with links to that section of the video recording.

• 07:35 Brad Matkin from the City of Fort Scott requested the county produce asphalt for the city at $65 per ton, requiring approximately 2,000 tons this year, which would save the city about $35 per ton plus travel costs compared to other sources.
• 18:17 The commission discussed canceling the IT support Memorandum of Understanding with the City of Fort Scott as they had hired their own IT support, with Commissioner Milburn moving to cancel the agreement effective immediately.
• 20:47 Bob Guilfoyle from Crawl Can Internet presented two internet service proposals: maintaining the current network at a reduced rate of $1,100/month (down from $1,400) or separating the Sheriff’s Department onto its own network for $1,220/month total, which would provide better security and redundancy.
• 01:02:17 Justin from Crawl Can explained the difference between hosted and on-site phone systems, noting that hosted systems cost about $30/month per phone (with 125 county phones currently) and require each phone to have its own number, while on-site systems have a one-time purchase cost with some recurring software fees.
• 01:07:49 The commission tabled the internet service decision until August 25th to allow Commissioner Tran to consult with a technical expert and gather more information about the total costs involved.
• 01:52:17 Susan Walker, County Clerk, presented information about upcoming election deadlines, including October 14th as the voter registration deadline, October 15th for mailing advance ballots, October 20th for early voting at the courthouse, and November 4th as the general election date.
• 02:06:50 Matt, the County Appraiser, reported that Bourbon County is in compliance with state valuation requirements but still approximately 18% below the ideal valuation ratio of 90–110%, with residential properties and farm home sites showing the largest increases in value.
• 02:19:34 Commissioner Tran presented data showing that 20.8% of Bourbon County households pay less than $800 annually in property taxes, 19.2% pay between $800–$1,499, and 18.5% pay $3,000 or more, with the median home value at $95,600 and median tax bill at $1,694.
• 03:14:58 The commission voted to move forward with Emerson and Company for payroll services, with the understanding they would work with the County Clerk’s office during the transition period.
• 03:17:03 Commissioner Milburn reported on discussions with the driver’s license office and sixth judicial district about relocating them from their current building, with the driver’s license office potentially moving to the courthouse and the judicial district to the former health center trailer.
• 03:29:59 The commission discussed repealing Resolution 1425 to remove the Budget Payroll Benefits Officer ($10,000), Road Records Officer ($5,000), and Chief Operations Officer ($88,616.84) positions from the county’s organizational structure.
• 03:39:11 The commission scheduled a special meeting with insurance broker Don Doherty for August 22nd at 5:00 PM to learn more about the county’s insurance plans.
• 03:41:22 Commissioner Tran emphasized the importance of reaching consensus on maintaining the current mill levy before determining budget priorities, stressing the need to take care of county services while maintaining professionalism throughout the budget process.
• 03:43:17 Commissioner Milburn announced that the tax sale list was sent to the law firm on August 8, 2025, and emphasized that property valuations are market-based, with the commission only directly raising taxes when they increase the mill levy or choose not to lower it when valuations increase.

The following graphic shows the breakdown of the employee and employer amounts paid for health insurance for employees of Bourbon County.   According to the chart, a county employee with full healthcare coverage for themselves will be paid 100% by the county. The county’s cost for these plans is $820.11 or $902.35, depending on whether the employee chooses the high deductible plan with a Health Savings Account or a lower deductible one with a Flexible Spending Account.

An employee who wants to put their entire family on the county’s high deductible plan will have to pay $420.80 for their portion and the county will kick in $2,181.06 to pay the rest of the premium. This represents an additional $1,360.95 of county contribution for family coverage over what the county pays to cover just the employee.

• Dr. Steve Cohen outlined his plan to develop a policy manual, job descriptions, performance appraisal process, and wage and salary structure over the next 6–8 months, with each element taking approximately 6–8 weeks to complete. ↗️ 11:11

• Dr. Cohen recommended using an outside payroll firm to provide stability regardless of personnel changes, noting it would take a minimum of 90 days to implement and would require commission approval for expenses over $1,000. ↗️ 14:00

• Laura Holdridge, Register of Deeds, requested changing the Christmas holiday schedule to give employees December 25–26 off instead of December 24–25, as Christmas falls on a Thursday and many employees would take vacation on Friday anyway. ↗️ 20:22

• Holdridge requested $18,500 be returned to her tech fund, stating she contributed this amount but is not receiving adequate IT services, which led to discussion about network security concerns if her department were to operate independently. ↗️ 25:45

• Eric Bailey announced that Dustin Hall rescinded his resignation and would return to his position at Public Works, and Bailey confirmed he would continue mentoring Hall until Bailey’s departure. ↗️ 42:06

• Bailey reported that Kansas Department of Emergency Management would hold a virtual kickoff meeting on Friday at 9:00 AM regarding the May 19th storm damage, and that internet issues at the landfill had been resolved through collaboration between Stronghold and New Wave. ↗️ 45:48

• Bailey addressed safety concerns at Public Works, presenting documentation of safety meetings, training records, and weekly tailgate sessions, emphasizing that safety is taken seriously despite recent characterizations in commission meetings. ↗️ 48:02

• Dallas from Cloud Communications presented a phone system proposal costing approximately $30 per month per phone plus a one-time $150 per phone purchase, potentially saving money compared to the current system by eliminating server maintenance costs and providing additional features. ↗️ 01:01:05

• The commission approved the formation of a planning commission by resolution, with Bob Johnson advising that a planning director position was not necessary at this time as the commission would primarily be making recommendations rather than implementing zoning. ↗️ 01:59:54

• The commission approved the five-year solid waste plan committee consisting of the three commissioners, Dustin Hall from Public Works, and Joseph Smith. ↗️ 02:20:16

• Commissioner Milburn reported that Stronghold Data had proposed a project to clean up the county’s computer system, update Windows 11 computers, and resolve ongoing issues in the Treasurer’s office, with a detailed document to be provided before the next meeting. ↗️ 02:23:49

• Commissioner Beerbower proposed updating the county’s sanitation code from the 1998 version to align with KDHE’s 2023 standards, requesting a future work session to review changes with the current sanitation inspector. ↗️ 02:26:38

• Commissioners discussed the challenges of balancing employee benefits with taxpayer burden, acknowledging that potential changes to the benefits structure may be necessary based on Budget Committee recommendations. ↗️ 02:36:54

(Employee Handbook Review — Watch Full Video)

The Bourbon County Commissioners — Sam Tran, David Beerbower, and Mika — along with HR consultant Steve Cohen, met to review updates to the county employee handbook. Discussion centered on aligning policies with legal requirements, ensuring fairness for employees, and clarifying ambiguous language.

Major Decisions and Policy Updates

• Clarifying Promises by Officials
  Commissioners agreed to specify that no promises or statements from supervisors, managers, or elected officials outside the commission constitute agreements with employees 06:56.

• Terminology Update
  All references to “company” in the handbook will be replaced with “county” 08:51.

• Harassment and Bullying Policies
  The harassment policy was kept with detailed procedures, and a new bullying policy was added 09:42.

• Standards of Conduct
  Language was changed from “efforts to operate profitably” to “efforts to operate efficiently,” reflecting county priorities 10:35.

• Firearms Policy Flagged for Review
  The section prohibiting firearms on county property was flagged for legal review due to questions about enforceability under Kansas law 11:02.

• Expanded Disciplinary Process
  Commissioners voted to add a Personal Improvement Plan (PIP) and Corrective Action Plan between oral reminders and written warnings 14:13.

• One-Year Introductory Period
  A 12-month probationary period for new employees was adopted, aligning with federal standards 18:18.

• Work Schedules Set by Department
  Rather than standard hours, departments will set schedules, with a baseline of 40 hours per week 19:29.

• Holiday Policy Review
  Holidays will be reviewed annually instead of guaranteeing specific days indefinitely. The list was expanded to include MLK Day, Washington’s Birthday, Good Friday, and Juneteenth 30:38.

• Vacation Blackout Days Removed
  A proposed section restricting vacation around holidays and events (e.g., Thanksgiving, Valentine’s week, Super Bowl) was completely removed 31:54.

• Vacation and Sick Leave Maintained
  The commission chose to retain current vacation and sick leave policies, with Steve tasked to incorporate the existing schedule 39:25.

• Maternity and Paternity Leave
  The handbook will specify compliance with federal standards, allowing up to six weeks of unpaid leave 42:19.

• Workers’ Compensation Language Updated
  References to Missouri law will be replaced with Kansas statutes, and OSHA applicability will be verified 44:01.

• Dress Code Review
  Sam raised concerns that the dress code section was too vague 46:34. He noted the policy did not clearly address safety attire like steel-toed boots. Steve agreed to revise the section for greater clarity, ensuring workplace safety needs are explicitly covered.

• Social Media and Public Communication
  Mika recommended replacing references to “county owners” with “county leaders” and “customers” with “taxpayers” to better reflect county operations and relationships with the public 47:29.

• EMS Vacation Concerns
  EMS employees raised concerns that taking vacation reduces overtime pay. Commissioners discussed allowing the option to cash out unused vacation at year’s end to avoid financial loss 52:44.

Next Steps

• Dr. Steve Cohen (HR Consultant) will integrate all approved edits into a revised draft of the handbook.

• The current vacation and sick leave policy from the existing handbook will be imported directly into the new version.

• Legal counsel (Bob) will review:

  • The enforceability of firearms restrictions on county property.

  • Whether OSHA documentation rules apply to the county.

• The dress code section will be rewritten to clarify expectations, especially for roles requiring safety gear.

• Social media policy will be updated to reflect language that acknowledges public service (e.g., changing “customers” to “taxpayers”).

• The revised handbook draft will be shared with the commission and possibly the public, with changes clearly marked for comparison (Steve mentioned using a Google Docs revision format 48:08).

• A future benefits committee may be formed or expanded to review leave, holidays, and compensation structure more broadly.

In June, Sheriff Bill Martin, Under-sheriff Kevin Davidson, and Angie Eads, Director for the Sixth Judicial District Community Corrections, spoke with Commissioners Mika Milburn and David Beerbower about the possibility of saving the county money by changing their juvenile detention center provider.

During that meeting, Undersheriff Davidson stated that the county could have saved $50,000 in 2023 if it had switched to Johnson County’s program, and potentially more than $50,000 in 2024. County Clerk Susan Walker said the cost for the Girard program increased by $36,000 from 2024 to 2025 and noted that implementing the Sheriff’s suggestion would save money “right off the bat.”

Sheriff Martin had made a similar suggestion back in 2019 when the juvenile detention facility was charging a daily rate instead of the formula that is used today. That daily rate was $400+. The commissioners stated a concern that with changing laws, the alternatives might not remain in compliance and leaving the contract would make it impossible to rejoin.

At the June 23rd commission meeting, Mike Walden, director for the SEK Juvenile Detention Center in Girard came along with some administrators from the facility and some of the center’s board members to speak with the commission about the history of the center, anticipated changes in the law regarding the detention of juveniles, and the importance of Bourbon County continuing to use it as its juvenile detention resource.  The amount Bourbon County pays is based on the 4-year usage history and the assessed value/population of Bourbon County. (2023 formula shown here.)

He pointed out that Bourbon County is a 1/10th owner of the facilities based on a previous investment of around $400,000. Ownership would be forfeited if Bourbon County chooses to cease using the facility.

Bourbon County Commissioner David Beerbower is a member of the Detention Center board, and Mr. Walden invited him to attend a board meeting to bring up any concerns about the pricing. He pointed out that no one from Bourbon County has come to a board meeting since 2022.

The June 23rd discussion seemed to end with a plan for Mr. Walen to reach out to Sheriff Martin and for the commissioners to ask the center’s board for a better agreement for Bourbon County.

At the July 21st commission meeting, it was noted that the county had missed the July 1 window to end the current contract for Juvenile Detention services with the Girard Juvenile Detention Center. The county is unable to change services until 2027.

Beerbower moved to terminate juvenile detention services with the Girard Juvenile Detention Center for the 2027 budget year. The motion passed unanimously.

Linn County had a similar discussion in the past, and it was pointed out that the Johnson County facility was full and needed to send juveniles elsewhere. The Girard facility said that their daily rate for non-members was going to be three times the normal per diem, which would have come to over $500 per person per day at the time.

The unusual lawsuit that at one point had every sitting county commissioner listed as plaintiffs on a lawsuit against the county commission has apparently been settled. A filing at 4:08 today stated the following.

COME NOW the Parties, by and through their undersigned counsel of record, and hereby provide notice that a resolution of all remaining claims and theories was achieved and this case has been resolved

The filing doesn’t detail the terms of the settlement and goes on to say that both sides expect to have all the paperwork finished up in the next 60 days.

BB-2024-CV-000075 – Notice of Settlement.