Judge rules on resolution

A 6th Judicial District judge recently approved the constitutionality of an amended resolution to regulate Bourbon County Sewer District No. 1 and enforce penalties for violations at Fort Scott Lake, County Attorney Terri Johnson told commissioners Friday.

"So our amended resolution is fine and we can go forward to enforce it," Johnson told commissioners.

Chief District Judge Richard Smith ruled in favor of the county, as stated in his decision, Johnson said. But his decision can still be appealed, she added.

Resolution No. 09-11 says all 132 residents at the lake must be connected to the recently installed public sewer system. Any violation of the resolution will result in a fine not to exceed $500 for each infraction.

"That resolution, in essence, says if you don't hook up it's going to cost you $500 until you do," Commissioner Allen Warren said.

As of Friday, only a few residents had yet to connect to the new system.

"It's really a done deal at this point," Warren said. "We've got about 130 people who are using it."

While construction is complete and the pumps have been installed, officials are just waiting for closure of the county's loan on the system to begin ascertaining costs and billing prices for residents.

Bourbon County Sanitarian Tom McNeil said when that's done, the system will be complete.

A public sewer system at the lake has been in the works for more than five years, but lack of funding prevented construction from starting until last summer. In January 2011, commissioners entered into an agreement with city commissioners for the operation, billing and maintenance of Sewer District 1.

McNeil said the sewer systems' benefits are three-fold: it improves the quality of the water; saves on costs; and is more convenient.

County commissioners adopted Resolution 09-11 on March 11, 2011, but lawsuits were filed against the county challenging its constitutionality, among other things.

Another lawsuit, to be heard in June, is still pending and Johnson said she plans to request a motion to dismiss that case.

In other business, commissioners:

* Approved a resolution urging Gov. Sam Brownback to carefully consider any changes to the Medicaid system because of the KanCare health plan that affects persons with intellectual and developmental disabilities.

Tri-Valley Executive Director Tim Cunningham presented the resolution to commissioners on April 30. As of Tuesday afternoon, 53 counties had signed the resolution, Cunningham said.

* A Fort Scott resident told commissioners of a discrepancy on the Property Tax Information Web site. The resident stated that when a payment was made toward taxes, the program did not show the correct date the payment was made.

County employee Shane Walker was looking into the problem.

* Bourbon County took in $774,530.46 in taxes on Thursday, County Treasurer Susan Quick said. "The majority of it was current taxes," Quick said.

The next regularly scheduled Bourbon County Commission meeting will be at 9 a.m. Monday.