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.

The Bourbon County Commission will hold a benefits work session on 10.23.25 at 5:00 PM at 210 S National Avenue.

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

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

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

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

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

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

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

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

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

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

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

Casey Brown – SEK-Cap Public Transportation

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

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

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

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

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

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

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

No action was taken.

Public Works: Equipment Repair

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

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

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

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

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

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

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

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

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

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

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

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

Public Comments for Items Not on The Agenda

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

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

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

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

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

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

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

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

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

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

Old Business

108 W 2nd

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

EMS

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

Noise Resolution

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

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

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

Noise resolution was added to the Nov. 10 agenda.

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

Technology Discussion

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

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

Meeting Resolution

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

He read the proposed resolution aloud.

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

New Business
SOP – Public Works

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

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

Commission Comments

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

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