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.