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Bourbon County Commission Special Meeting: Noise Ordinance and Payroll

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.

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