Commissioners discussed a budget report. There will be a budget hearing at the December 30th commission meeting.

The audit performed by Mr. Sercer cost Bourbon County $8,150. This was the audit that resulted in his report we published in October.

Ron Center came to talk to the commissioners about roll off containers at the dump. Someone came in with a roll off container and the whole thing was full of trash. He had put the load down as C&D which is a lower rate. He said people are dumping things at the lower rate knowing that it needs to be at the higher rate.  He said that the county isn’t breaking even at the dump. He said March was the only month where they weren’t in the red.

He also talked about how they need some type of loader out at the dump. He is concerned that the land field money was used to buy a skid loader years ago and it was never used at the landfill.

The commissioners talked about the need to raise prices at the landfill, but were concerned that if the prices are too high, people will just dump trash in the ditches.

A citizen came in to point out that there aren’t many places in town where you can get rid of used oil.

Ron Grey and several members of the sheriff office came in. Sheriff asked to go into executive session for 10 minutes to discuss non-elected personel matters.

The Susan Quick (Bourbon County Treasurer) said the the court fees have been set for the sale at $250 per parcel. There isn’t a tax sale date yet. Mr. Meara said he can’t set a date yet.

A tax payer came in to pay his taxes on the second. He paid for 2006 and 2007 before the paperwork had been filed in court. The Treasurer was asking if he needed to pay all of the remaining taxes including the $250 court fee or if the individual can partially redeem their property by paying the 2006 and 2007 taxes.

Mr. Endicott said that all of the properties need to be treated the same. The Treasurer was fine with that, but wanted to make sure the decision came from the Commissioners.

She asked the Commissioners if Mr. Meara could give them a date for the sale so she can tell people when it will occur.

John Scott asked if it had been determined whether the grinder pumps had a 2 or 5 year warranty. Chairman Endicott said that it was 5 years even though the instruction manual states it is only a 2 year warranty.

The Commissioners left at 10:45 to do a fence viewing in Franklin TWP. The Commissioners will declare which part of the fence needs to be maintained by which land owner.

Below are two lists of property owners from 2008 and 2009 who had unpaid taxes (at the time this report was run) but were not properly published in the paper. Since the bid off process was not started, the county has never begun the redemption period so the properties will not be able to go to auction until the redemption period has expired from the date that the properties are published in the paper. As Mr. Meara has pointed out, given the interest rate, there would be no economic benefit to delay payment on these taxes.

Since the point in time that this list was created from the computer system, several individuals have come in and paid their taxes. Others may do so before the list is actually published in the paper. Those properties will not be listed when the publication does occur, so it should be expected that whatever is eventually published would only be a subset of the names listed here.

These two lists are fro 2007 taxes that should have been published in 2008 and 2008 taxes that should have been published in 2009.  Mr. Meara has a similar list of properties that were not published when they should have been in 2007 for 2006 taxes. In last weeks meeting he said there were 17 to 25 names on that list.  The clerks office said that Mr. Meara has another list from 2007 taxes that should have been published in 2008, however he did not mention those numbers at the commissioner’s meeting unless they were included in the 17 to 25 count.

2008

• Adams, Keshon
• Allen Contracting Co
• Auxier, David
• Bolling, Austin W
• Bower, Jason D x 2
• Bowman, Jonathan Dru & Cynthia
• Church, Carla D
• Cook, Kenneth D FS lot ($224.99)
• Delaney, Ronald L
• Derr, Jake
• Fleeman, Carl Wayne
• Foss, Earl x 2
• Foster, Libby x 2
• Harvest Ministries x 2
• Hemphill, Bruce E
• Home Solutions Partners x 2
• Kline Products of KS Inc
• Linker, Raymond C
• Loly, Elva
• May, Frances I
• McGinnis, Bonnie FS07367
• McPherson, August
• Meeks, Justin x 2
• Paulk, George
• Pulliam, Frank D
• Quick, Rodger M
• Quick, Thomas D
• Reed, Larry
• Robison, Charles W
• Schaub, Troy J x 2
• Sharp, Ruth P
• Tinsley, Mike x 2
• Weddle, Marvin A
• White, Vance & Christine
• Wilson, Clint A

2009

Tax Sale

The county has compared the list of people who owe taxes from 2008 and 2009 who were not published in the paper and still have unpaid taxes. There were 35 names from 2008 and 50 from 2009. Some of the names have multiple properties. One has 8 properties with unpaid taxes. There are a total of 43 properties from 2008 and 75 from 2009 that were not published and still had unpaid taxes when the report was run. During the commission meeting several properties were identified where the taxes had been paid since the report had been run.

Since the publication in the newspaper is what triggers the bid off, the properties have yet to start the redemption period. For homestead property, this is three years from the date of publication. For non-homestead property the redemption period is two years.

Attorney General & County Treasurer

The commissioners have not heard anything back from the Attorney General about the investigation into the allegations against the Bourbon County Treasurer. Their understanding was that the Attorney General’s office would get back to them and let them know if it was going to be pursued further or not. They expected to have heard something back by now, but pointed out that with all the other things the Attorney General deals with, this might not be the highest priority.

Are the overpaid taxes being refunded?

Currently the commissioners do not have a copy of the details that Terry Sercer compiled. They only have the report which we posted here. Typically the county refunds overpayments for other types of fees if it is more than $5.

The commissioners are hesitant to request the information from Mr. Sercer until they hear back from the Attorney General. If the Attorney General is pursuing an investigation, they don’t want to have information released to the public that could compromise his efforts.

Is there any effort to pursue recovering the taxes/interest that was not charged correctly? (Under KSA 79-1703).

Not at this point, but this couldn’t be done until the Attorney General is finished with his investigation.

Is it possible to get the details of the audit report?

The details showing which properties have over paid and which properties have underpaid their interest is not something that the Commissioners currently have. The Commissioners don’t want to request this information from Mr. Sercer until they hear back from the Attorney General.

Has there been any effort to ask the Attorney General about the status?

Chairman Endicott wasn’t sure of the date, but said that within the past few weeks Terri Johnson (County Attorney) called to ask the Attorney General’s office about the status and was told that they didn’t have any record of a request for an investigation on the matter. She sent them another copy of the letter and then followed up with them. Again they did not have any record of the request.  She faxed it to them and immediately called them back and they then confirmed that they had received it.

Rock Quarry

There was some discussion about how to move the registration from the former rock quarry to the new quarry and also some discussion about the blasting at the new facility.

Sewer District

John Scott is going to use his house as a distribution point for the manuals and warranty information for the grinder pumps in the new sewer district. He was concerned because the paper work said it was a 2 year warranty, but when they were deciding which pumps to buy they selected the more expensive pumps because they had a longer warranty.

There is one home where the grinder pump is coming into a basement too high and there was some discussion about how to go about getting it fixed.

Misc

At least two commissioners are going to the Neosho County rock quarry to view their operation at 9am. They will also be at the Airport Advisory meeting at 12 noon on Tuesday.

An individual asked if they were going to pave 180th street. He said there were a lot of dump trucks coming through and tearing it up.

Mr. Meara came through with a cart with all the tax foreclosure cases. He was taking them up to file in court. He wanted to show he commissioners what 193 foreclosure cases looked like.

Potholes

Jennifer Miller-Connet works for Fort Scott broadcasting and lives in Vernon County. She says she was headed into Bourbon County at 4 am to open Radio Shack up for Black Friday. She hit potholes that caused $803 worth of damage near the state line. She feels like as a tax payer the road should have been taking care off. She said there was no way to drive around the holes.

Chairman Endicott asked how many miles were on her car. She said 125,000 miles and that the car is a low riding Mazda Protege. She felt that there should be some type of compensation from the county. The commissioners said that she should file an insurance claim and the insurance company would make a determination.

Roads

The commissioners decided to buy 50 culverts from Judy’s Iron and Metal. The rock crusher came in Monday. They are looking at getting a couple Ricoh G700 SE GPS cameras to give to the road crews to take photos of things that can be placed on the GPS maps. The cost of the two cameras will come to $2,901. The county has sold some data to a mapping company so the funds are available for the purchase.

They are also planning on buying a label gun to put labels on signs so if one is found in the ditch, the county will know where it came from.

The date for the lawsuit related to the sewer district has been bumped back. The County Attorney pointed out that this is an existing case–not a new lawsuit. They date has been bumped back as further discovery is done and it is expected that it won’t actually go to court until next year.

Tax Sale

Mr. Meara came back at 10:30. Defendants of foreclosure lawsuits that live in KS will be notified by the sheriff. Defendants out of state will be notified by certified letter. Everything has been filed that Mr. Meara was given that was possible to file. He is going to give the commissioners a list of the properties that have not yet been published and that he was unable to file. Those will need to be published. There may be some from 2008 and 2009 that need to be published as well.

Mr. Meara said there were 17 to 25 properties that were not published in 2007. He said that it was probably just an oversight on the part of the Treasure’s office and that there didn’t appear to be any pattern. They did not appear to all be payment plan properties.

Terri Johnson (County Attorney) said it appears that the redemption period starts at the date of publication and that the publication must occur for the property to be property “bid off.” So properties that were not published for 2007 taxes will need to be published before the three year redemption period can begin. Commissioner Endicott said that it didn’t seem right that someone could have not paid their taxes for three years and then they get another three years if they were left out of the publication. The law does allow for there to be errors and omissions in the publication. However, this allowance seems to be more aimed at preventing people from saying their property was improperly foreclosed on due to a printing smudge or mistake and may offer less protection for the county if proper procedure wasn’t followed.

Partial redemption cannot be invoked once the county files the foreclosure. So once the county files the foreclosure paperwork, those properties must have their taxes, fees, and interest paid in full in order to avoid a tax sale.

There was some discussion as to whether or not a non-homestead property could be partially redeemed before the county files for foreclosure. The scenario would be a business that had unpaid taxes since 2007 that paid their 2007 taxes in order to remove it from foreclosure lawsuits that Mr. Meara filed this morning. The statutes appear to only mention partial redemption under the section that applies to homestead properties. The other sections seem to indicate that once a property is bid off to the county, the entire amounted owed on that property must be paid in order to avoid foreclosure. It appears that non-homestead properties have been allowed to partial redemption in the past and the attorneys were not clear if the statues indeed prohibit partial redemptions for non-homestead properties. They are going to look into it to see.

Clarifications

The lawsuit summons from last week was not a new lawsuit.