Most homeowner’s insurance in Kansas doesn’t cover an earthquake unless you specifically add it to your policy. Since the risk is very low, most homes in the Bourbon County area can be insured against earthquake damage for a few additional dollars per month. Be aware that the way deductibles are handled for earthquakes can be different than the way it is handled for other types of damage.

Even if you want coverage, you may not be able to get it right now. At least one local insurance company is unable to write earthquake insurance today. Its underwriters refuse to issue policies in this area due to the recent tremors.  Other companies will let you add coverage with a simple phone call.

If you are unsure of your coverage, your insurance agent can let you know what your policy covers and what options you have.

There was a bank foreclosure sale for a single piece of property scheduled this morning at 10 am on the county court house steps, but 10 am came and went with no sale. The court house was not open because of Veterans Day and it appears that the sale was rescheduled for December 9th.

Apparently when a bank wishes to foreclose on an owner who is not paying their mortgage, they can’t simply take the property back. The bank’s position against the home must be auctioned off with the bid starting at the amount the bank is owed. If there are no buyers the property goes back to the bank and then the bank can then sell it through a realtor or through their own auction.

The county is getting ready to send out tax statements to property owners. Joanne Long said that the county sends out over 15,000 tax statements. Some properties have two statements–one that goes to the mortgage holder and one to the property owner. Property owners should see the statements sometime in the next week or so.

The taxes can also be viewed online by following this link. Type in your last name, push “find now” and then click on the “current taxes” link.

There was some discussion of the getting a crane to help move crusher equipment at the rock quarry. Commissioner Coleman said that when he was working with cranes they always tried to oversize the crane by 5x of whatever they are trying to lift. The commissioners were going to check to see just how much the equipment that needs to be moved weighs.

There will be no commission meeting on Friday due to the holiday. There will be no commission meeting on Monday due to the Kansas Association of Counties annual conference.

A citizen came in to talk to the commissioners about a large rock that bent up the A-arm and stabilizer from bottom of his car last Tuesday when he hit it and it drug him over into the ditch. The commissioners and county clerk gave him a form to fill out for the county insurance company.

Sewer District

Two citizens, John Scott & Curt Shankel, were updating the advisory committee for the new sewer district. The sewer system should be operational by the end of the month. They are asking that the committee be kept in the loop particularly in matters related to the price increases. They discussed how to keep things fair if people want to connect to the district in the future. The commissioners based a motion to recognize the advisory committee in an advisory capacity.

Vacation & Holiday

The commissioners passed a motion to close the landfill on Saturday when there is a holiday that falls on a Monday or Friday.

Redfield Alleged Stalker

The Mayor of Redfield, Gary Judd, came to talk to the commissioners about an alleged stalker / peeping tom. He said that citizens have started arming themselves and walking the streets at night. The other evening two citizens were out with a baseball bat and shotgun. He was concerned that some of the people arming themselves “shouldn’t even have a gun.” He said the sheriff’s department is doing the best they can do, but he was still concerned that someone was going to get hurt.

Allegedly someone broke into an individual’s home, watched her sleep, and kidnapped her from a convenience store. The review of the tapes from the convenience store doesn’t seem to support that.

He said there was a city council meeting tonight where the issue is going to be discussed.

The Commissioners suggested that he talk with the sherrif.  The Mayor said he had tried, but no one called him back. He felt like the person at the front desk was interrogating him. He said that if there was anything Redfield could do to work with the sheriff’s department, they would be very willing.

The Mayor came back after talking with the sheriff and said he and the sheriff were both questioning the validity of the allegations, but that the sheriff’s department was helping the town with the issue.

Quarry Meeting

The commissioners are meeting with the road and bridge crew at 7 am, November 9th at the county barn to discuss the move to a new quarry.

Here is a screenshot of the 2005 property taxes for a local business. Half of this amount should have been due on December 20th 2005 and the other half on May 10th 2006. Since the taxes weren’t paid, they should have been published in October 2006 which would have started the redemption period. For non-homestead property that would have been 24 months.

So the property should have been at any Sheriff’s sale that occurred after October of 2008. However, the taxes were not paid until March of 2010. Was there no tax sale from October 2008 until some point after March of 2010? The Bourbon County website lists a 2009 tax sale list, but this property was not included. According to the Commission minutes, there was a tax sale held January 27th, 2010.

When I asked Treasurer wasn’t sure why this property wasn’t on the sale and she didn’t recall any reason why it was held off. It is important to note that there are many stages that property goes through before being listed on a sale and it is entirely possible that it was submitted as property for sale, from the Treasurer’s office but held out based on other criteria.

If there was a reason why the property was held off the tax sale, was the interest calculated correctly? The interest rate for 2005 taxes was 7%. The total amount owed would incurred interest from May 20th 2006 until March 22nd, 2010 or 46 months and two days.  Half of the amount would have incurred interest from December 10th, 2005 until May 20th, 2006 or 5 months 10 days. If we round the time to just months the total comes to $7,116.29 in interest. There should have been another $15 or so in fees as well.

According to Susan Porter, who used to work in the Treasurer’s office, the system we are looking at here, has a safe guard against accepting incorrect interest.  It requires that you manually over-ride the interest.

When this is entered to actually pay the tax on the tax payment screen the only way for the interest or penalty to be changed or removed is a manual override or to back date the payment calendar date. Until this is done the correct amount of interest and penalties are calculated correctly. ~ Susan Porter source

If this is correct, then someone would have needed to intentionally marked the amount as complete even though the system was showing there was still around $900 owed. I asked the Treasurer the discrepancy could be due to the way that the amortization schedule works. In other words if part of the taxes owed were paid early on, those taxes would no longer be accuring interest. So it is possible the taxes were calculated correctly, but since the date of each payment doesn’t show up on the public website, it is hard to tell.

Interestingly this particular company does have a payment plan that was setup in 2010. They own just under $30,000. The payment plan states that they will pay $2,000 per month from April 20, 2011 until May 20, 2012. This only comes to $28,000 which is about $2,000 less than what they owe without factoring in the interest.

According to Mr. Sercer, he was told that the payment plans were based on an amortization schedule produced by the old computer system and that sometimes it came up with “crazy” interest rates. The Treasurer confirmed that this was likely what had happened in this situation. It seems very odd that it would generate a completely even number that doesn’t even add up to the full amount much less include interest.

The problem isn’t so much that the property wasn’t sold. Obviously it is better if the taxes are paid. However, if a property doesn’t have the threat of being sold, it is possible for other payments to become the priority.

Is it possible that simply following the timelines specified for selling delinquent property would have encouraged enough payments to have made the past mill levy increase unnecessary?

Harvest Ministries owns the old Western building down town. In November of 2009, the Tribune ran a story about plans to turn it into a medical facility and television studio. There was also a story by KOAM.  In January of this year, the Tribune reported that the president of Harvest Ministries had been indicted on charges of fraud bankruptcy fraud.

Despite claiming innocence back in January Paul and Charolette House have both plead guilty to the charges according to eMissourian.

Apparently Mr. House pastored a church and he directed them to pay his salary to Harvest Ministries instead of to him directly. He then claimed he was not employed for bankruptcy and disability purposes while Harvest Ministries funneled the salary back into his personal accounts.

The county tax search shows that Harvest Ministries owns the property at 8 1st Street and 14 1st Street. There are outstanding taxes due on the properties of around $45,000 dating back to 2006.

With the Paul and Charolette House waiting to be sentenced early next year, it seems unlikely that there will be any plans to do anything with the building in the near future if ever.  It is possible that the county could sell the properties at the upcoming tax auction, but it may be difficult to find someone with a plan and the financing to do something with those buildings.

The County Attorney came in to discuss some issues related to the sewer district and moving a grinder pump. There was a discussion the best way to get electricity setup for a antenna on top of a water tower.

Jim Harris with Barry Tractor came in to discuss bids for rock crusher equipment.

Dean Mann

Dean Mann and two KDOT employees came in to discuss US Highway 69. KDOT did a meeting in Franklin yesterday to talk about the corridor from Fort Scott to Pittsburg. There is money allocated to put 4 lanes from Fort Scott South to 680th Street. This should begin in 2013 be completed by 2019.

KDOT is trying to get things prepared for the phase that comes after that. Mr. Mann said that some times the Federal government has money available for “shovel ready” projects. So the goal is to have the planning in place to take advantage of such funds if they become available. They want to complete the design and if there are no funds available it will “go on the shelf” until funds materialize. There is hope that by the time the Fort Scott section is constructed, there will be funds to continue with a four lane toward Arma.

The purpose of the meeting with the Commissioners was to ask if they would support getting the design done. While the addition wouldn’t have a direct impact on Bourbon County, it does have impact in how traffic moves through Fort Scott. Having local governments supporting the projects may help KDOT lean more favorably toward those projects instead of ones where there is not support or support hasn’t already been expressed.

Commissioner Endicott expressed concern that putting in the Arma connection might delay the Crawford County Corridor and asked if the money would be better spent on that project which would go from 680th Street through Pittsburg.  Mr. Mann explained that since the timeline of the Crawford County Corridor is unknown, the benefit of having a four lane in the Arma area may be very beneficial to have sooner (if funds become available) rather than waiting for the larger project.

Fort Scott is submitting a grant application today for a grant to turn US 69 from 18th Street to 23rd street into a 5 lane road.

The Commissioners passed a motion to support the plan as long as it didn’t delay the Crawford County Corridor project.

Dylan Morrow Director of Security SEKRCC (county jail)

Mr. Marrow talked with the Commissioners about some of the things he was doing to help reduce overtime. He also wanted to thank the Commissioners for helping him move around some responsibilities to be able to give some raises in his department.

The jail is spending a lot of money on plumbers and electricians, but that is just due to the age of the building.

Terri Johnson – County Attorney

The County Attorney suggested that the commissioners go into Executive Session to discuss a possible settlement for case 11CB45.

Another Executive Session was called for Attorney Client privilege regarding suits filed against the county and insurance claim loss ratio for 5 minutes.

Chairman Endicott asked the County Attorney what their next step should be related the allegations about the Treasurer’s office . The County Attorney said that she asked the Attorney General and KBI to look into the allegations back in August and she has yet to hear back from them regarding this request. She expects to hear back at some point in the near future.

The list that went to the abstractor in preparation for the tax sale was for 2007 and previous years delinquent taxes. In addition non-homestead properties could be foreclosed on for 2008 delinquent taxes. Ms. Johnson pointed out that from a practical standpoint there may need to be more than one tax sale depending on how property owners respond to the suit to foreclose and what type of delays occur on various properties.

There was some discussion about whether or not it makes sense to try to differentiate between homestead and non-homestead property and whether it is even possible to determine which properties fall into the homestead exemption category. In the past the county has just applied the three year rule to everyone.

No one disputes that there were mistakes made in the way that property taxes have been calculated for Bourbon County. However, any reasonable person realizes that there are going to be at least some mistakes made in this line of work no matter how careful you are.

The big question is whether the process has been fixed.  So lets take a look at an example of delinquent property that is showing it was brought current on 10/7/2010 a few weeks ago. Below is a screenshot from the tax search that raises some questions. This is for 2010 taxes. So $673.37 was due in December 20th of 2010 and the remaining $673.37 was due in May 10th, 2011. The tax rate should have been 7%, plus a $15 publication fee if the property were published in the paper.

The property is crossed out of the list that was originally sent to the paper. It is  part of the addendum to the list (see the last page of the PDF), but the amount listed as owed is off by $1,000. So it was probably printed in the paper with the rest of the property that was left of because it was part of the payment plan. However, it was not in the payment plan contracts we received.

There was a payment of $1,346.74 toward the tax and $7.05 toward the interest and fees on 10/7/2011. The website is showing that the amount has been paid and that there is no longer an amount due.  But the publication fee alone should have been $15.

For a rough idea of the interest that should have been charged, if we calculate 7% on the first half for January through September (10 months), it comes to $39.28 (673.37 * .07 / 12 * 10). If we calculate interest on the second portion from June through September (four months), it comes to $15.71 (673.37 * .07 / 12 * 4). That leaves off about 18 days of interest on the first payment and around 27 on the second payment. So the actual interest should be a bit higher if you calculate to the day instead of only including full months as I have done.

Still the total comes to $69.99 when you include the publication fee.  So why is it only showing $7.05?  One possibility is that payments were being made into an escrow account on the old system and the interest rate was based on the fact that a good portion of the principle was already paid. However, to only be charged $7.05 the interest would be for less than two full months on the December 20th half of the payment. In other word’s the property owner would have needed to pay almost all of the tax due except for a very small portion.

It is interesting to note that the list of delinquent taxes where this property was crossed off has the interest listed as $39 (the cents are obscured by a marker).

If the tax payer had done this, I would expect to see the December 20th half listed as paid as soon as the escrow account had enough money to pay it and given the very small amount of interest, this couldn’t have occurred any later than March. Perhaps the escrow accounts are setup to only bring the amount over, once the full tax has been paid. Even then the publication fee was not charged.

It is possible that the interest was calculated correctly and the publication fee was inadvertently omitted. The biggest problem here is that that process is not transparent and if you look at what is actually published on the website it looks like something is being done incorrectly. If the new system was being used to accept all the payments, it would be trivial for anyone to look and see exactly how the interest and fees had been calculated and how payments had been applied.

The presentation of the auditor’s report has gotten many people in Fort Scott talking about how they would like to see things handled. Mr. Sercer’s report suggested that the computer system should be setup so it was impossible to override interest charges without the approval of someone from another department.

I disagree with that suggestion.

The last thing we need in government is more hoops for people to jump through to do their jobs. People are elected because we want them to use their judgement. If there is no judgement involved, what is the point of having an election in the first place?

Let me give you an example. Lets say that you are late on your taxes so you call down to the Treasurer’s office and ask how much you owe.  They look at the computer and say you owe $342.76. You make out a check, put it in the mail and it arrives at the Treasurer’s office two days later. When they go to receive the money, the computer says that you now owe $342.88.

As a tax payer, how would you prefer to see the situation handled?

• Your money is received, but because of the $0.12 outstanding, your property gets given to the abstractor and you don’t find out about it until you discover that your property is going to be auctioned off for the $0.12. By that time there are other fees and expenses that you have to pay in order to keep your property off the sale. In addition there is all the expense of time spent by the court house to deal with another piece of property going through the tax sale procedure.
• The person entering the amount has to ask the treasurer to override the $0.12. The treasurer needs to involve someone in another office to approve the override. All in all it takes 3 people an extra 10 minutes. Assuming an average wage of $10 apiece the cost for labor is $5 (30 minutes total x $10 per hour). So instead of being out $0.12 the county is now out $5.12.
• The person entering the amount has enough leeway to say “close enough” but the system records the difference in a way that is public to everyone and viewable on the web. What constitutes “close enough” is set by policy by the Treasurer.

Maybe it is just me, but I would rather see the county just write off the $0.12 but handled in a public way where everyone can see it. What about you? How would you like to see a situation like that handled? In talking with employees in the Treasurer’s office it doesn’t sound like getting a check that differs by a few cents unusual. It happens on a regular basis.

I’m sure some people are asking, “but what if it starts happening for larger amounts?” That is a good question. Imagine that any time they needed to write off some interest, everyone in the county was given a chance to vote whether or not to write of the $0.12 or $2.00 or whatever it might be. Would that be fair? It might be fair, but it would require far to much time to get anything done, but in essence that is why we have an elected official. We don’t vote on every decision. We vote on the person who makes those decisions.

A very simplistic view is that the Treasurer and other public officials need to “just follow the law”. That is true, but the whole reason we have someone in that position is because there are going to be judgement calls that have to be made. If it was just a matter of following a procedure, then why are we even paying a salary for a Treasurer in the first place? They could be replaced by an ATM type device that just takes people’s money for their taxes or an online payment webpage.

As a citizen and as a tax payer, I know I want someone in that position who can act on my behalf and do what is in the best interest of the county as a whole. Many times that might mean writing off small amounts where the cost of collection is greater than the amount itself. In some cases it might mean making a decision that later turns out to have lost some money, but was still a reasonable decision based on the data available at the time.

My point isn’t to discuss the legality or ethics of a particular decision, but merely to point out that the entire reason for having a Treasurer (and other officials) is allow people to elect someone who can use their judgement to make decisions as we’d like to see them made and in the interest of all tax payers. Taking the ability to make judgement calls away defeats the purpose of electing them in the first place.

But that is my opinion.  What do you think?