Here is a list of the payment plan mentioned in the Bourbon County Commission meeting minutes prior to 2011. There may be more mentions as well as it can be difficult to find–particularly if it was referred to by a different name. There isn’t anything of too much interest, but it is worth noting that the payment plan appears to have been discussed quite a bit in the past and was recommended as an option for people who were behind on their taxes.
October 6, 2003
Susan Quick told the commissioners that Dan Meara is wanting to add 1999 and 2000 to the upcoming tax sale. Ms. Quick is concerned because she has promised people if they were paid up through 1998 they would not be on the sale and she has also got people on the payment plan. Commissioners agreed to hold the sale for delinquent properties through the 1998 year only. (source)
The minutes from August 6, 2011 mention that there were allegations that people did not have their property sold when they were on the payment plan. While the minutes don’t say for sure, it implies that this indeed happened back in 2003. However, if that is what happened, the decision was made by the county commissioners–not the treasurer.
This section of the minutes does seem to indicate that being on the payment plan could somehow change whether or not your property went up for sale at a tax sale. It would appear that this is illegal based on a cursory look at the relevant legal statutes.
Of course from a legal standpoint, it probably wasn’t legal to leave off the 1999 and 2000 taxes either.
August 6, 2004
Susan Quick met with commissioners to discuss the upcoming tax sale. Commissioners decided to hold in November 12, 2004. There are currently 36 parcels to sell at this time with an additional 50 that Othick’s is researching. Those will sell sometime after the first of the year. Commissioners agreed that the buyer will be responsible for 100% of the 2004 taxes, just like the last sale. It will be announced before the sale. Susan mentioned that Othick Abstract Company has indicated that they are not interested in doing any more tax sales.
Ms. Quick indicated that 53 properties have been redeemed since the tax sale process has begun this year. She clarified for the commissioners that those persons on the payment program for delinquent taxes must be caught up before the property is eligible for sale.
The meaning of this last part isn’t clear. It appears to say that they can’t sell the property until people on the payment program have paid their taxes, but of course that would defeat the entire purpose of the sale.
Continuing with the same minutes, is an indication that in 2004 the tax sale had properties that were over 8 years delinquent in paying their taxes.
Charlie Blevins met with commissioners to discuss the tax sale. He said that the sheriff and county attorney were on their way up. He also wanted the newspaper present. Sheriff Coleman arrived for the meeting. Mr. Blevins is very upset about the progression of the tax sale. As a taxpaying citizen he feels it is negligent that these people have been allowed to slip by for over 8 years without paying their taxes while he and thousands more pay theirs every year and live without things in order to keep up. Commissioners explained the lengthiness of the process from researching the property to notifying all those with an interest and publishing the notices in the paper that it takes a long time to get to the actual sale. Mr. Blevins was not satisfied and feels something needs to be done. He feels another lawyer or another abstractor can do the work faster. Commissioners explained that only Othick and Dan Meara answered the request for working the tax sale. The gentleman that Mr. Blevins spoke about from Linn County the last time has never contacted Bourbon County. Gary Houston called an abstractor but he wasn’t interested as long as Othick’s was involved. Mr. Blevins said that it’s not right and he asked for all three commissioners’ resignation. Robert Query told Mr. Blevins that he would resign January 1. Charlie told Robert that he was glad he got beat in the election. Robert said he was glad too. (source)
November 18, 2005
Debbie Talbot and Betty Hixon met with commissioners. Mrs. Talbot asked commissioners for assistance with taxes on Fort Scott Lanes, the local bowling alley. Bill Brittain explained that the County can not help anything but if she were to put an improvement plan together, she may qualify for a tax abatement. Mr. Brittain will speak with Don Russell on her behalf. Commissioners also advised Mrs. Talbot to speak with the County Treasurer about a payment plan on her taxes for the meantime. (source)
So, the payment plan was mentioned in a few meetings and illegal activities did take place in the past so what does that mean? It changes nothing. It was the job of the County Treasurer to abide by the Statutes that govern her office and she should have been advising the County Commissioners of the legality involved in any decisions they were making in how she would conduct the affairs of her office. It is my understanding that the County Commissioners have no control over her office since she is an employee of the people, an elected official. I do know that sometimes, taxes are abated for businesses but that is a different sort of deal that really is not related to the illegal activities of the County Treasurer in this instance. If you run a stop sign, wouldn’t matter it the person next to you told you to or not if you are stopped by a policeman for not obeying the law. Even if you were not aware of the law, still would not matter. I don’t think that if the policeman stopped you that you agreeing to back up and stop in order to not have broken the law is going to work either. Would it? I think for the most part that the majority see that laws were broken (to include forgiving interest which is not within the power of the County Treasurer) and are awaiting the arrival and judgement of the AG’s Office and KBI. As I have said in the past, we are looking at either ouster or resignation at a minimum on this and there is just no escaping it. No amount of saying that apples are oranges will make it so. Mark, thank you but……………….