- October
24, 2011 Monday 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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- Mark Shead, Larry Gazaway,
Susan and Larry Porter, Jim and Cecelia Kramer, Randy Handly, Bobbi Kemna,
Mel Antrim, Shirley Goltra, Deb Hall and Terry Sercer were present. Go
over audit. He was asked to do the following: Verify the proper
publication of delinquent taxes, specifically, that the people on the
payment plan were published; Summarize delinquent taxes each year to
determine how much delinquent taxes are not being paid; Verify the process
for tax sales and which properties are not included in the tax sale,
specifically whether those on the payment plan are omitted from tax sale;
Verify whether proper interest charges are applied to delinquent taxpayers
including those on payment plans. (See
attached report)
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- Susan Porter said that some
properties on the payment plan were never given to the abstractor or
attorney for prior tax sales. Terry Sercer said that he didn’t audit
prior tax sales. Mrs. Porter also said that the people on the plan were
supposed to keep their current taxes up so that they’d eventually have all
their taxes caught up and wouldn’t be perpetually on the plan but that
hasn’t happened. She also said that the instance where interest was
waived was at the request of a realtor in an effort to sell the property.
She wants fairness.
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- Mel Antrim feels the most
important thing is to solve the problem. He recommends implementing a
system for waiver of taxes in writing and notarized and that it be public
record. He also feels an eligibility statement for late payments would be
good to eliminate hearsay.
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- Chairman Endicott said that
it’s evident that 94% of the payment plans haven’t abided by their
conditions. He feels we need to abolish the plan. Terry Sercer said that
people can still make partial payments with no agreement needed. There
was discussion of overriding fees. Terry Sercer feels that one person
shouldn’t have the ability to waive fees.
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- Susan Porter explained that
many people mail their taxes now and as long as it’s post-marked by the
due date, it’s not late. Many times, there are people in person paying,
too, and the mail cannot be worked up until after the deadline, so the
payments have to be posted as on-time, with no penalties, even though they
aren’t processed until after the due date.
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- It was explained that the law
allows for people to be habitually behind on their taxes, year after year,
and to pay the year’s taxes/fees to keep them off the sale.
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- Terry Sercer was asked to
comment on his discussion with the AG/KBI. He said they met last week and
went over his report with an assistant to the Attorney General and a
person from the KBI. Terri Johnson asked for their assistance in late
August and hasn’t heard back from them yet, but expects to after they’ve
reviewed the information from Mr. Sercer. It was stated that the AG’s
office stated that investigating county treasurers isn’t uncommon. As
there are no statutory qualifications for office, they are asked about two
or three times per year to look into allegations.
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- There was discussion of the
old software, where the payment plan payments are recorded. Terry
suggests applying all the partial payments to the new software and
continuing to track from there and eliminating use of the old software.
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- There was a question as to
whether properties can be sold at tax sale, since they weren’t originally
published as delinquent. Dan Meara is looking into that.
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- It was asked how the Treasurer
is replaced if removed from office. The local party would recommend
someone and the governor would appoint them to fill the remainder of the
term.
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- Randy Handly suggested that
legislation needs to be changed, as he feels that the individual elected
officers have too much authority.
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- Allen Warren made a motion to
purchase a 1979 GMC fuel truck from Mike Judy, for $5,000, with a capacity
of 2200 gallons, which would be left with Mike Judy until paid for in
mid-January 2012. Jingles Endicott seconded the motion and all voted in
favor.
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- Terri Johnson met with
commissioners. Stuart Porter and Mark Houser, Schwab-Eaton, and Rick
McInroy, McInroy Contractors LLC, were also present. Stuart said the lift
station is getting done and that the electricity was put in last Friday.
In a week to 10 days, the lift station will be ready to start up. He
said that there are about 23 grinder pumps remaining to be installed. Mr.
Porter asked commissioners if they’ve given any thought to the grinder
pump on the Franklin property (former Anthony). He said it will be the
Sewer District’s (county commissioners) discretion to move. Commissioners
discussed past flood levels. The lake is not mapped for flood elevation.
Commissioners instructed Stuart to shoot the elevation of the pump and
report back to the commissioners. If the commissioners order the pump
moved, there will be costs associated with that. It was explained that
the location of the pump is the best available with the condemnation
easement we were given. If it will be moved, the owner will need to sign
an easement.
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- Mr. Porter then asked
commissioners about the demolition of holding tanks. He asked
commissioners if they have a problem with filling tanks with granular
materials for those in difficult locations. They do not. Some owners are
concerned as to whether destruction of the tanks will alter the look of
their properties. Also, at least one owner, Flanagan, has indicated they
don’t want their tank demolished in any fashion. Terri Johnson stated
that the agreement is that the tanks are to be made permanently inoperable
and Terri feels we should have consistency. There was question as to
whether a letter from a licensed plumber that his/her work on the unit
makes it permanently disabled would suffice.
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- Mr. Porter also discussed gray
water tanks at the lake. Commissioners said to treat them like the other
sewage tanks and to disable them. The plan is to demolish most tanks and,
on those in difficult locations, or where demolishing would affect
aesthetic appeal of the properties, they will fill with granular
materials. They will also give the landowner the option to smash into
rubble or fill in their tanks. Mr. Houser has contact information on most
of the landowners. He will give Terri the names of those he hasn’t got
contact numbers for so that she can send a letter to them. As to
Flanagan, in order to be consistent we require that they either agree to
have it demolished or filled in, their choice.
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- Commissioners asked for a
timeline for having all grinder pumps installed and holding tanks
demolished. That will depend on the hook-ups and could go well into
winter. Mr. McInroy said they can do 10/day, but don’t know if 10/day
would be available.
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- Stuart said the inspection
budget should go through the bulk of next month, but that more
coordination is needed at the end of the project. He said that Mark has
cut down from 40 hours/week to 20 hours/week, but should be up to 30/wk
now. That would put us about $5,000-$10,000 over the current budget.
Commissioners agreed that communication is imperative at this stage and
feel we need to do what we have to do to make it work. Stuart will get
numbers together and get back to the commissioners with a budget
amendment.
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- Marty Pearson gave a road
report. He also presented quotes for culverts. Two were received, but
the quote from Judy’s was not for the items requested and was thrown out.
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- Welborn
Sales
|
- 4-5’ x
36’ 60” Arch 10 gauge Galvenized @ 108.25/lf
|
-
$15,632.64
|
- 1-6’ x
40’ 72” 12 gauge Aluminum II @ $86.77/lf
|
- $3,470.80
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- 4-35’ 30”
Arch 12 gauge @ $29.64/lf
|
- $4,145.40
|
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- Allen Warren made a motion to
purchase 9 culverts from Welborn Sales, for a total cost of $23,248.84.
Jingles Endicott seconded the motion and all voted in favor.
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- Keith Jeffers updated
commissioners on emergency preparedness issues. He said the County was
awarded $16,796 in EMPG funds.
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- Marty Pearson informed
commissioners he would not be here Friday.
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- After routine business, the
meeting adjourned at 12:22 pm.
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-
THE BOARD OF COUNTY COMMISSIONERS
-
OF BOURBON COUNTY, KANSAS
-
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(ss) Jingles Endicott, Chairman
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(ss) Harold Coleman, Commissioner
-
(ss) Allen Warren, Commissioner
- ATTEST:
- (ss) Joanne Long, County Clerk
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