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September 2, 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 meetings were read and approved.
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- Commissioners received the
cash count report from Susan Quick, as requested.
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- Commissioners received the
July and August board reports for the Extension Office.
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- Darrell Parker, Mike
Carpenter, Kenneth Merriman, Charlie Blevins, Leola Miller, Linda Toepfer,
Vera Hays, Mark Shead, Michael Pommier, Randall Handly, Steven Mason,
Cecelia Kramer, Jim Kramer, Deborah Hall, Steve Buerge, Mel Antrim, Fleeta
Andrim, Cathy and Andrew Pechin, Cynthia Levine, Shirley Goltra, Juanita
Schroder and Juanita Sinn were present. Cecelia asked commissioners
what’s going on with the Treasurer situation. Jingles Endicott read a
statement of actions, including the request for a surprise cash count and
that the county attorney had contacted both the Attorney General’s Office
and the Kansas Bureau of Investigation. He said that Terry Sercer, County
Auditor, will also be present today. Terri Johnson has heard back from
the Attorney General that they would review an investigation, but haven’t
heard back from the KBI, but likely they won’t announce when they’re
coming, if they come.
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- Mrs. Kramer asked what
happened to the Tax Search this week. Allen Warren explained that Bourbon
County purchased the software but doesn’t maintain it. They’ve made
updates that have caused the problems. There were two levels originally:
the basic was open to everyone and showed what taxes are on a property.
The second level was a paid option for realtors, abstractors and such and
provided payment history. One of the recent updates inadvertently opened
it wide open, but after some discussion, it was decided to leave it open
and to refund the payments of those who subscribed for it. Bourbon County
has no local control over the program and it updates nightly with the
day’s payment activities.
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- Mrs. Kramer also spoke about
the list of names she received. It only had the most recent payment, not
all payment dates, as she requested. She said that the payment plan needs
clearly defined rules and that they should be followed. She said that
some have made no payments.
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- There was discussion that the
list of people on the payment plan doesn’t coincide with the addendum in
the newspaper. The newspaper is only listing 2010 delinquencies.
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- Thoughts were that the
payments on the payment plan should be paid in full after one year.
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- The law allows for people to
be perpetually three years delinquent, provided they pay interest and
penalties. Many pay the year they need to in order to be kept off the tax
sale.
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- Someone asked if a copy of the
payment plan has been provided, stating eligibility requirements. It has
not, but the law doesn’t say the guidelines are required to be written.
Many fear this is setting a dangerous precedent in that if everyone starts
making payments, the County will go broke.
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- Commissioners stated that they
have recommended to Susan that she not to allow any new payment plans.
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- It was reiterated that,
regardless of whether the County allows a payment plan or not, there will
always be delinquent taxes for three years, by statute.
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- It was asked what methods are
available to remove an elected person from office. There is a recall
election, a person could willingly resign, or there are ouster
proceedings. Terri Johnson clarified that all we have are allegations and
issues at this point. Ouster is a court proceeding, under K.S.A. 60-1205,
and specific criteria must be met. Conviction of certain crimes causes an
automatic ouster. The County wants to complete an independent
investigation first.
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- It was asked if Susan Quick
can be put on a leave of absence until the investigation is complete. The
commissioners do not have that authority.
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- It was asked what’s being done
to fix the plan. The commissioners again said that they have suggested
that she suspend the plan from future additions.
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- Terri Johnson said the plain
language of law gives broad discretion to Treasurer regarding the payment
plan. It may have brought in money that otherwise we wouldn’t have
received if people only thought they could pay in full.
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- It was reiterated that nothing
keeps a property off the tax sale if it’s on a payment plan. Only if the
taxes for the year in question are paid in full, including all penalties
and interest, is a property removed from the sale. An independent
investigation is needed.
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- The report commissioners
received in April 2010 on the last tax sale was discussed. Nothing is
stated in the minutes as to which properties would be up for the next
sale. Commissioners said that they were told that the number of parcels
eligible for sale were not sufficient, compared to the cost of holding the
sale and were advised to wait until 2012 and have two years together. It
was suggested that commissioners only decide that based on actual figures,
not just hearsay. Commissioners explained that in the last sale, the
expenses were more than the revenues, when you count in the abstractor,
the lawyer, publications and district court fees.
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- Someone asked about whether,
if you pay someone’s taxes and they don’t pay you back in a year, is it
yours. Commissioners aren’t sure if that’s true in Kansas. Someone
volunteered to look it up.
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- It was stated that the lack of
documentation is a problem with Treasurer’s office.
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- Harold Coleman said that he
appreciates those who sign their names to things. He said, as Sheriff,
if it wasn’t a matter of life or death, he didn’t take anonymous letters
seriously. People should have the fortitude to sign their name to things
if they’re concerned. He said he read a statement saying that the
commissioners don’t care. He asked if Mrs. Kramer feels that the
commissioners don’t care. She said she doesn’t.
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- Commissioners stated that they
had to cut programs in the next year’s budget and feel terrible about
that.
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- Discussed payment of
interest. It’s against the law not to pay interest. Mrs. Kramer handed
commissioners documents.
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- Discussed payment plans in
other counties. Mentioned again, that payment plan or no payment plan,
there are the same results when it comes to a tax sale.
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- Terry Sercer met with
commissioners at their request. He has read the Tribune and is familiar
with what’s being discussed. He explained that the County Audit, in
conjunction with the Treasurer’s Office, verifies the tax roll, add/abate
receipts, delinquent list and delinquent percentages. He doesn’t look at
individual people on the payment plan. He said that the payment plan
wasn’t used much until 2008-2009. He sees two concerns: people on the
payment plan were not published as delinquent and is there manipulation of
the interest. Commissioners mentioned a third: people on the payment
plan may not have been on the tax sale. He will look into these things.
He said that he found no “red flags” when completing the audit.
Delinquent percentages are in line with historical rates.
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- Commissioners would also like
to find out what’s still delinquent from 2009, 2008, 2007 and 2006. Mr.
Sercer said that September is the end of the tax year, and those reports
should be available.
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- There was discussion of
property appraisals. Commissioners stated that the County Appraiser has
to be within state guidelines and that that she is “graded” by the state
annually. She’s always well within the state levels. They said
individuals may appeal their valuations if they feel they are out of
line.
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- Terry Sercer is booked for
September, but will be able to come some next week to work on
recommendations by the commission, if they authorize him. Jingles
Endicott made a motion to authorize Terry Sercer audit the payment plan,
per his recommendations and to look into prior years. Allen Warren
seconded the motion and all voted in favor. Commissioners said that as
soon as they know any results, they will be made public.
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- Terri Johnson recommends the
commissioners ask for a copy of the contract for the payment plan.
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- Terri Johnson said that she
received the revised contract for the payment card and is reviewing it.
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- Ashley Dobrzenski and Blake
Louderback, Liberty National, met with commissioners to discuss plans they
offer. It was explained that we already have a Liberty National agent.
They thanked commissioners for their time.
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- Marty Pearson gave a road
report.
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- Susan Quick discussed the cash
count report. She said she discussed it with her association and was
advised that the county auditor should perform it. She gave commissioners
a copy of the payment plan contract, as requested. She also said she’s
not signing anyone else up for payment plans.
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- Mrs. Quick said she received a
tax sale proposal from Othick, for $25 @ for current owner/liens/mortgages
only. For a 25 yr chain of title it will be $75@. Susan recommends the
$75 one, so that all those tricky ones can be fully researched. Othick
says they will have their work done in 45 days. That may push the tax
sale to February. We haven’t contracted with an attorney yet. Jingles
Endicott made a motion to hire Othick Abstract Company for the 2012 Tax
Sale, for $25 each, except for those that need a more extensive search at
$75 each. Allen Warren seconded the motion and all voted in favor.
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- After discussion, Harold
Coleman made a motion to award the contract on the Slick Rock Bridge to
King Construction for $748,061.45. Jingles Endicott seconded the motion
and all voted in favor.
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- Commissioners need to send
letters out to the lawyers in the County to see if anyone will do the sale
for us. We need results back by September 15th.
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- Commissioners discussed the
cost of the delinquent tax notice with the Treasurer. They mentioned that
the listing in Allen County uses smaller font. They’d also like to see a
grand total at the end of the future listings.
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- Joanne Long asked
commissioners if they are going to go out for bid for health insurance.
After discussion, they said they would not, and that we would re-new with
the State.
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- After routine business, the
meeting adjourned 12:36 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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- September 5, 2011
Monday Holiday-no meeting
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