- August
26, 2011 Friday 9:00 am
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- The Bourbon County Commission
met in open session with all commissioners and the county clerk present.
Minutes of the previous meeting were read and approved.
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- Jim and Cecelia Kramer, Melvin
and Fleeta Antrim, Bobbi Kemna, Claudia Wheeler, Fred Judy, Steven Mason,
Iliah Parson, Jane Burns, Evelyn and Gary Thurston, Sandy Wrench, Cathy
and Andrew Pechin, Shirley Goltra, Phil and Nancy Clayton, Gene and Peggy
Cowan, Shirley Palmer, Larry and Sue Porter, Leola Miller, Randall Handly,
Darrell Parker met with commissioners. Michael Pommier, reporter with the
Fort Scott Tribune, County Treasurer, Susan Quick, and County
Attorney, Terri Johnson, were also present. Chairman Endicott re-read a
portion of the minutes from last Friday to get people up to speed on the
delinquent tax discussion. A heated discussion ensued, with allegations
of wrong-doing by the Treasurer, with regard to publishing the delinquent
tax notice, and discussion of the legality of a delinquent tax payment
plan and how it is operated. Some of the specific questions and answers
are:
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K.S.A. 79-2302 says all delinquent taxes are to be listed. The Treasurer
is running an addendum to put the names of those on the payment plan in
the paper.
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Where’s the legal right to take people out of the publication? No answer.
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- Tax
Sale: There was not one this year because it wouldn’t have been
financially feasible. 2007 and prior will be sold in early 2012,
regardless of if you’re on the payment plan. The real money in a tax sale
is from redemptions. The attorney advised us not to have one this year
and to sell 2007 and prior in 2012.
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Allegations that some people were held off tax sale that were on the
payment plan.
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Accusation that the County Clerk is not taking minutes. The clerk read
back her notes, explained that minutes are a record of who’s in attendance
and actions taken. Minutes are not taken verbatim, and are
approved by the commissioners, who have said to add/remove or change
things before. Commissioners do not want to record the meetings.
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- The
charge for the requested list. Allen Warren made a motion to waive the
charge and to have the Treasurer provide two copies by 1:00 pm, Monday.
Jingles Endicott seconded the motion and all voted in favor.
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Request for commissioners to ask for a state audit of the Treasurer’s
accounts.
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Questions to Terri Johnson about Susan breaking the law. Terri explained
that not following a statute doesn’t necessarily mean a crime has been
committed. And independent investigation may be needed. She said that
the commissioners have some authority to request an independent cash
count. We also have an annual audit.
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- Are
penalties and interest taken off the top? Some question as to that not
being the case.
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- Are
people on the payment plan paying interest, and if so, how much? Yes, the
amount is set by the State annually.
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- Is
there a written policy on the payment plan? No.
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- Do
other counties have this payment program? Yes, 60 have responded that
they do, 2 that they do not take partial payments on delinquent taxes.
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- Commissioners thanked the
people for coming up and expressing concern. They will look into the
allegations and move forward from there.
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- A public hearing was opened at
10:00 am for consideration of a permit for Watershed 102 for temporary
closing of roads in the county, caused by the inundation of the roads by
flood waters from Dam Site N-1, also known as Cedar Creek Reservoir.
Joanne Long explained that the notice was published in accordance with law
and notices were sent to the affected utilities. After hearing no
objections, the hearing was closed at 10:12 am. Jingles Endicott made a
motion to approve the permit. Allen Warren seconded the motion and all
voted in favor. The permit and the bill for publication will be sent to
Frank Young at Ag Engineering, in accordance with law.
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- Dylan Marlow met with
commissioners to give commissioners a head’s up on a huge influx of
inmates downstairs. We are at 70 inmates, currently and shipping 11 to
Cherokee. They are all Bourbon County inmates.
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- Harold Coleman nominated
Jingles Endicott as Bourbon County’s delegate to KAC. Allen Warren
seconded the motion and all voted in favor.
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- Jingles Endicott nominated
Allen Warren as 1st Alternate to KAC. Harold Coleman seconded
and all voted in favor.
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- Allen Warren nominated Harold
Coleman as 2nd Alternate to KAC. Jingles Endicott seconded and
all voted in favor.
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- Jim Adams spoke with
commissioners about Running Fox Petroleum business.
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- Tina Rockhold, Mercy Health
Systems, met with commissioners to discuss the upcoming annual celebration
of Mercy Day, Saturday, September 24th. There is a
half-marathon involved this year, with the route going from Mercy, south
on 215th Street, passed Indian to Hwy 39, looping back up 215th,
passed Mercy, along Horton north to 8th Street, loop Burke,
back up Horton to the hospital. They plan to have aid stations,
port-a-potties and volunteers to guide traffic along the approximate 13.1
miles. They want to use the west side of road 6’ to the shoulder for a
run/walk lane. She’s here to ask the commissioners to prepare the rural
roads to make them safe for the participants and to verify that it’s okay
to use it. She’d also like the commissioners to notify the residents in
the area of the plans. Commissioners said they can put up barricades at
Indian and 215th to allow for local traffic only and make sure
the potholes are filled and the grass is mowed. Mrs. Rockhold said the
race starts at 7:00 am and should be concluded by noon.
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- Lois Coyan presented phone
quotes for 384 oz. of Escort XP. Three were received. They were:
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- Van Diest
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- $4.90/oz
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- $1570.56
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- Red River
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- $5.44/oz
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- $2,088.96
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- CPS
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- $4.05/oz
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- $1,555.20
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- Jingles Endicott made a motion
to purchase from CPS at $4.05/gal, for a total of $1,555.20. Harold
Coleman seconded and all voted in favor.
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- Susan Porter, Larry Porter,
Bobbi Kemna, James Kramer, Cecelia Kramer, Phil Clayton, Nancy Clayton,
Shirley Goltra, Evelyn Thurston, Gary Thurston, Leola Miller, Peggy Cowan,
Gene Cowan and Steve Mason met with commissioners. Mrs. Porter turned in
her ID badge. She was terminated after 8 yrs of employment, at-will on
Tuesday. She explained that she was afraid to speak with commissioners
about any concerns, for fear of losing her job. She went on to claim that
she was told to do things she wasn’t comfortable with, concerning people’s
tax payments, the payment plan and interest. She cited several examples
where interest was dropped off of someone’s taxes, property removed from
the tax sale and at least one instance where a payment was made on one
property but then reversed and credited to another property of the same
owner, once the first was sold off to someone else.
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- Mrs. Porter also discussed the
lower interest amounts the County accounts now receive compared to years
past. She knows of other counties that move their money around a lot in
order to get the most interest. Bourbon County has had its main account
with UMB for the last six or seven years. She also says that Susan Quick
told her employees they needed to support Joanne Long.
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- Terri Johnson was asked what
law allows removing interest from late payments. Terri said there’s only
an exception on bankruptcy cases.
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- Mrs. Johnson explained what
will happen now. The commissioners will make a decision, of which Mrs.
Johnson will offer advice. The allegations will be researched to see if
any rise to the level of “criminal” behavior. She will ask for an
investigation.
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- On the topic of the recent
at-will terminations, the County Attorney cannot advise those people, as
she is the County’s attorney/Counselor and cannot advise private
individuals. Some in the audience feel that a reason should be given,
regardless of state law not requiring one. Perhaps a committee of
department heads and commissioners should be formed to discuss proposed
terminations in the future before they happen. The clerk and treasurer
spoke with the employment law attorney prior to the terminations. None of
the firings were Terri Johnson’s decision.
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- The future of the payment plan
was also discussed. Some feel it should be eliminated altogether. Others
feel it should be publicly offered to everyone. The group feels that
clearly defined procedures for the plan should be made available.
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- Susan Quick talked to the
bank. The interest rates we get now are 0.015%. Also, we don’t receive
interest on our checking account, but we get free checks and deposit slips
because of the large balance we maintain. Also, she doesn’t deal with her
sister at the bank and never has. The addendum to the delinquent tax
listing will be in the paper as soon as possible and will be printed three
times. Commissioners asked her about distributing partial tax payments,
but she’s not sure if that’s allowed.
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- Sheriff Ron Gray informed
commissioners of a large arrest this morning. Terri Johnson says she
hopes to charge them Monday.
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- Terri Johnson plans to look
into the laws to see what control commissioners have over an elected
office, so that commissioners can answer questions without promising
something they can’t keep.
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- Shane Walker presented a
weekly report of his activities. He also discussed security cameras with
commissioners.
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- After routine business, the
meeting adjourned at 12:45 pm.
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THE BOARD OF COUNTY COMMISSIONERS
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OF BOURBON COUNTY, KANSAS
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(ss) Jingles Endicott, Chairman
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(ss) Harold Coleman, Commissioner
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(ss) Allen Warren, Commissioner
- ATTEST:
- (ss) Joanne Long, County Clerk
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