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Archive for June, 2010

Sometimes our job is just too easy, now that we’re awake.

In presentations made here and directly to the Johnson County Board of Commissioners

  1. A Tale of Two Cities https://nolathe.net/2010/06/01/a-tale-of-two-cities/ 
  2. Overland Park- Four Years From Insolvency https://nolathe.net/2010/06/03/overland-park-four-years-from-insolvency/ 
  3. When a City Rules, the County Drools https://nolathe.net/2010/06/08/when-a-city-rules-the-county-drools/ 

We clearly showed how the fortunes (literally) of Overland Park have suffered since increasing it’s size and services by 20% without adding an off-setting amount of income when it unilateraly annexed rural properties in 2008.

Well guess what 2011 looks like.  “Overland Park’s 2011 Budget Millions Less Than 2010”  http://www.infozine.com/news/stories/op/storiesView/sid/41622/  “The total number of full-time employees is reduced to 844, a 6.3 percent decrease from the 2010 adopted budget of 901 full-time employees.”  A reduction of another 57 employees.

At the expense of real peoples’ lives and freedoms, the elected officials of Overland Park and Johnson County Board of Commissioners were wrong.  The country folks were right.  What about property rights?  How do we get back what are rightfully ours?

“The rights of persons, and the rights of property, are the objects, for the protection of which Government was instituted.” James Madison

Ken Dunwoody                                                  GOD
Henpecked Acres 
                                  One Nation
14850 W. 159th St.
Olathe, Ks. 66062
(913)768-1603
kdunwoody2@aol.com    www.NOlathe.com     http://NOlathe.net
View Sarah’s Story http://www.youtube.com/watch?v=GUWuUvOZ7RY

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Since the founding of Kansas as a state, our laws and in fact our Constitution are subservient to Federal laws and Constitution.  Likewise Counties are subservient to the State, and Cities are subservient to the County.  Why is it that we find so often that the Johnson County (JoCo) Government is nothing more than just an extension of one city, Overland Park (OP).  One might ask does the JoCo Board of Commissioners (BOCC) represent the residents of JoCo or just it’s largest city?  This romance is long standing and to the point of violating Kansas laws, you look, you decide.

During the 2007-2008 Overland Park annexation approved by the JoCo Board of Commissioners, I have identified not less than five violations of Kansas State laws.  This posting will identify actual records produced during that time period and compare to relevent State laws.

As general reference the following documents are available in their entirity: 

This annexation begins with a clear indication of collusion at the 8/23/07 BOCC weekly meeting.  Item #7 on the agenda reads “Resolution No. 066-07. Consider setting an October 30, 2007, public hearing, pursuant to K. S. A. 12-521, regarding a petition that the city of Overland Park intends to file for the annexation of approximately 9,569 acres of land (approximately 15 square miles) into the city limits of Overland Park.”

Sounds innocent enough, why would I suggest collusion? The next lines in the recorded minutes read “Overland Park City Attorney Robert Watson appeared before the Board to present a petition to annex land into the city of Overland Park, a copy of which was filed with the clerk.”  It took some planning for the BOCC to consider a resolution acknowledging receipt of the petition on the same day the petition was presented.  But now read the resolution “The BOCC, being fully advised in the manner, and after thorough discussion and careful deliberation, upon a motion duly made, seconded and carried, adopted the following resolution to wit:”  In a matter of minutes following presentation of the petition and without debate, the BOCC had suddenly yet thoroughly discussed and deliberated an issue that would change lives.

Public Hearing 10/30/07.  By statutes, the Public Hearing is not time duration limited.  It takes as long as necessary to complete all the requisites of the law.  To accomodate this the BOCC is authorized to continue the Hearing to a future date as long as those in attendance are notified of the time, date and place for the continuation.  Theoretically a Public Hearing could go on indefinately as long as properly continued each time and not adjourned.  At the beginning of this Public Hearing the Chair stated “I’d also like to note that we have to vacate this facility at 10:30 this evening.  So we will make every effort to move as quickly as possible through the City’s presentation and all of the registered speakers.”  Through out the Public Hearing reminders of this artificial time limit were mentioned including at the end “This will be the last comment.”  This created a very intimidating atmosphere to those in attendance.

By statutes, during the Public Hearing OP was required to present and discuss their plan for the extension of services to the proposed annexed area.  BOCC attorney stated at the beginning of the hearing “The City of Overland Park, Kansas, has presented a petition to the Board of County Commissioners requesting the annexation of approximately 15 square miles of land.  Pursuant to Kansas Statutes Annotated 12-521, the Board has scheduled a public hearing this evening to hear the City’s presentation of their plan of services to the proposed annexation area, and to receive public comments concerning the advisability of the proposed annexation.”

At no time during this Public Hearing did OP make any attempt to discuss their plan of services.  The OP Mayor did state “The City has submitted an exhibit list to the Board’s Clerk for inclusion in the record. One of the exhibits is our errata sheet that corrects the supplements, and updates the information set forth in the City’s Service Plan based on new information concerning mill levies, assessed valuation, and recent executed fire services agreements between the City and Johnson County Fire District No. 2, and it also has some other matters in it, also.”  In doing so the Mayor acknowleged that previous details provided by the City had changed.

  1. The statutes are quite clear (as was the BOCC attorney) in their language of “presenting the service plan” during the Public Hearing.  They do not state “providing the service plan”.
  2. The statutes were written before the advent of internet access.  Stating that the information has been updated on a website does not comply with the statutes.  They were written specifically to require public discloser of all facts in a public forum.
  3. The purpose of the Public Hearing is not so that two governments can exchange documents back and forth in public, the purpose is so that the public can hear what’s on those documents.  The city failed to do so and apparantly the county did not care.

The statutes are clear on defining the difference between a “continuation of” and “adjournment of” the Public Hearing.  As stated earlier, the Public Hearing may be continued as long as the time, date and place is announced to those in attendance prior to the recess.  Adjournment occurs simply by the Chair declaring adjournment.  Another term used in the statutes is “sine die” which basically means without setting another date http://en.wikipedia.org/wiki/Adjournment_sine_die .  This Public Hearing was affectively adjourned twice.

  1. During the final statements of the Hearing an attendee asked “At what meeting of the Board will the Board consider this issue?”  BOCC responses included “I don’t believe we know that.  We could do it at a regular meeting or a special meeting” and “We have not scheduled anything yet.”  In the absence of setting a time, date and place for continuance, the Hearing was adjourned sine die.
  2. The Chair adjourned the Hearing at 10:44pm.

Once the Public Hearing was adjourned, the BOCC were required by statute to make a decision within seven days.  They failed to do so.  Procedings by default should have ended.

The BOCC referred several times to the Record staying open until 11/30/07.  The life of the Record is directly tied to the life of the Public Hearing.  The Record also closed on 10/30/07 and anything added to it after that date was done so illegally.

The BOCC apparently realizing their errors tried to unring the bell on 11/15/07 when BOCC Chief Counsel stated “by statute there was a timeframe within which the County had to act after the record was closed.”  Resolution 086-07 extending the 11/30/07 date to 2/15/08 concluded with “BE IT FURTHER RESOLVED by the Board that notice of this Resolution and continuance of the public hearing process shall be provided to the City and all interested persons who have requested such notice, shall be published in the official county newspaper and through special news releases, and shall be posted on the web site of the Board.”  This is more than two weeks too late, the bell rang loud and clear on 10/30/07.

 While looking at the last mega annexation by OP and that Public Hearing conducted by the BOCC on 3/26/02 it is worth noting two things:

  1. The very same BOCC personnel did properly recess and continue the Hearing per statutes.
  2. OP personnel again failed to discuss the Service Plan in Public Hearing forum.

I am in the process of scheduling a meeting with the District Attorney to discuss all of the above.  Let’s test the validity of Home Rule Charter.  Otherwise let’s move the JoCo government buildings to Overland Park.

“The rights of persons, and the rights of property, are the objects, for the protection of which Government was instituted.” James Madison

Ken Dunwoody                                              GOD
Henpecked Acres 
                                  One Nation
14850 W. 159th St.
Olathe, Ks. 66062
(913)768-1603
kdunwoody2@aol.com    www.NOlathe.com     http://NOlathe.net
View Sarah’s Story http://www.youtube.com/watch?v=GUWuUvOZ7RY

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http://lims.jocogov.org/sirepub/mtgviewer.aspx?meetid=730&doctype=AGENDA

Presentation made to Johnson County Board of Commissioners June 3, 2010.  Starts 9 min 30 sec in to recording.

More graphs- https://nolathe.net/2010/06/01/a-tale-of-two-cities/ 

“The rights of persons, and the rights of property, are the objects, for the protection of which Government was instituted.” James Madison

Ken Dunwoody                                                     GOD
Henpecked Acres 
                                  One Nation
14850 W. 159th St.
Olathe, Ks. 66062
(913)768-1603
kdunwoody2@aol.com    www.NOlathe.com     http://NOlathe.net
View Sarah’s Story http://www.youtube.com/watch?v=GUWuUvOZ7RY

Read Full Post »

“It was the best of times, it was the worst of times, it was the age of wisdom, it was the age of foolishness, it was the epoch of belief, it was the epoch of incredulity, it was the season of Light, it was the season of Darkness, it was the spring of hope, it was the winter of despair, we had everything before us, we had nothing before us, we were all going direct to heaven, we were all going direct the other way.”

In 2007 the City of Overland Park initiated unilateral (without owners’ consent) annexation of rural properties using KSA 12-521 http://www.kslegislature.org/legsrv-statutes/getStatute.do?number=3173.  In 2008 the City of Olathe initiated unilateral (without owners’ consent) annexation of rural properties using KSA 12-520 http://www.kslegislature.org/legsrv-statutes/getStatute.do?number=3169.  Both cities promised to provide “services equal to or better” than those provided by Johnson County.  Both cities promised to not raise taxes on either existing city residents or those being annexed.  In 2008 the City of Overland Park received approval from the Johnson County Board of County Commissioners.  In 2009 the City of Olathe decided not to pursue the annexation.  This is A Tale of Two Cities.  You decide.

This graph shows the change in Property Tax mill rate for both cities.  For 2009 and 2010 Overland Park has increased .33% per year.  Olathe has decreased .15% per year. A difference of .48%.  From 2007 to 2010 Overland Park has increased 2.07% and Olathe has decreased .75%.  A difference of 2.82%.

Although the Overland Park annexation increased The City by 20% the following shows what happened to “services equal to or better” since the annexation:

The 2009 Budget:  ♦ Seven full-time positions were identified for elimination during budget development: one in the City Clerk’s Office, two in the Police Department, one in the Fire Department, and three in Planning and Development Services. ♦ The 2009 Budget includes the addition of eight full-time employees: three Public Works maintenance workers to serve the annexed area, three employees in the Parks and Recreation Department to staff enhancements at the Deanna Rose Farmstead, one Stormwater Best Management Practices Engineer, and a Facility Supervisor at the Overland Park Soccer Complex.

 The 2010 Budget includes 901 full-time employees, a decrease of nine full-time employees from the adopted 2009 Budget. This reduction includes: Accountant Finance Department, Employment Specialist Human Resources Department, Police Officer Police Department, 3 Farmstead Attendants Parks and Recreation Department, GIS Analyst Planning and Development Services, Systems Building Inspector Planning and Development Services, Civil Engineer Planning and Development Services.

Both cities contemplated annexing an existing population that already spent sales tax dollars in each respective city.  Let’s look at both cities’ General Fund during this time period. 

 OP Gen Fund Detail       Olathe Gen Fund Detail   Since 2008 Overland Park’s Beginning Balance has fallen $23,971,329 while Olathe’s has risen $527,065.  As usual the answer to this dilemna is in the details.

Commingling “old funds” and “new funds” and calling it all Revenue for determining ratios is not appropriate or common especially if this accounts for 28% of the total.  Is Sales Tax really 43% and is Property Tax really 7% of Revenue?

Or is Sales Tax really 62% and is Property Tax really 9%.

Same information provided from Olathe

“It was the best of times, it was the worst of times, it was the age of wisdom, it was the age of foolishness, it was the epoch of belief, it was the epoch of incredulity, it was the season of Light, it was the season of Darkness, it was the spring of hope, it was the winter of despair, we had everything before us, we had nothing before us, we were all going direct to heaven, we were all going direct the other way.”

Olathe calls this economy “Bridging the Gap”.  It would only be appropriate if Overland Park called it “Bridging the Ooopps”.

“The rights of persons, and the rights of property, are the objects, for the protection of which Government was instituted.” James Madison

Ken Dunwoody                                         GOD
Henpecked Acres 
                                  One Nation
14850 W. 159th St.
Olathe, Ks. 66062
(913)768-1603
kdunwoody2@aol.com    www.NOlathe.com     http://NOlathe.net
View Sarah’s Story http://www.youtube.com/watch?v=GUWuUvOZ7RY

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