Clay County Moves Closer to Land Purchase

Clay County took another step in the controversial purchase of 7.24 acres of land for a new county annex building on July 14th. Documents were signed and submitted, and money exchanged hands in the land acquisition located near Highway 152 and North Brighton in Kansas City.

“Safeguards are removed and it’s too far from public interest.” - Commissioner Jerry Nolte

A Requisition Certificate, Purchaser’s Statement and other documents were signed by Western Commissioner Gene Owen, as the authorized agent of the county, in the amount of $1,982,808.58. The Commission voted 2-1 (with Presiding Commissioner Jerry Nolte as the only no vote) to give Owen authority as primary point of contact full spending authority for the project. Millions of dollars have already been paid to architectural and engineering firms before any payments to the purchase the land for the annex.

Presiding Commissioner Jerry Nolte, who has opposed the entire process, feels the way Owen is moving the county forward on the annex project without approval from the County Auditor or Treasurer is by creating a Requisition Certificate. Then certificate of participation (COP) funds are used, and the County Auditor or Treasurer are not given the opportunity to approve the funds.

During a telephone interview, Nolte said that he felt with the way this process is being handled, “Safeguards are removed and it’s too far from public interest.”

County Auditor Victor Hurlbert also questions the method the Commission is using for the purchase of the land as well as any purchase which utilizes any part of the $52 million in bond money. As County Auditor, Hurlbert is responsible for reviewing all accounts payable activities for any and all funds, and to verify compliance with the budget approved by the County Commission.

“I personally think that all contracts and every single payment for all COP money has been illegal.” - County Auditor Victor Hurlbert

In a July 8, 2020 interview on Kearney Live Hurlbert stated, “I personally think that all contracts and every single payment for all COP money has been illegal.”

Hurlbert has informed the State Attorney General about this issue and is awaiting a response. “The only real consequence of it is if the county doesn’t pay, whoever signed those documents is liable for whole amount,” he stated.

Before the county can begin construction on a new annex, Commissioner Nolte says there are other items the county must obtain, such as a final plat and proper permits from Kansas City.

“It will be difficult to start construction by the end of the year,” Nolte stated. “Is it legal to purchase land without a final plat? Yes, but it’s not a good idea. Before you begin on construction you need a final plat and all permits.”

The purchase of land to build a new county annex building has been embroiled in controversy since 2018, with accusations from citizens of back door deals, illegal meetings and activities, and government overreach by not allowing the issue to be voted on by the residents of Clay County.

Commissioner Nolte says there are options a new commission could take in 2021. The commission could go forward with the construction of a new annex, the county could sell the property, or the county could keep the property and build something that would benefit the citizens like a community center or entertainment district.

KPGZ News - Brian Watts contributed to this report