Minutes are unapproved until 2/16/2021.

CITY OF FORT SCOTT

CITY COMMISSION MEETING

Minutes of February 2^nd, 2021 Regular Meeting #3

The regular meeting of the Fort Scott City Commission was held February 2^nd, 2021 at 6:00 p.m. in the City Commission Meeting Room at City Hall, 123 S. Main Street, Fort Scott, Kansas.

ROLL CALL:

Commissioners P. Allen, K. Allen, R. Nichols, and L. Watts were present with Mayor J. Jones presiding.

INVOCATION: Pastor Steven Cole, First United Methodist Church, said a prayer asking God for guidance for the City, our Government and City officials.

AUDIENCE IN ATTENDANCE: Travis Shelton, Russell Lingerfelt, Jeff Hancock, Rachel Pruitt, Don George, Allyson Turvey, Chad Brown, Steven Cole, Susan Bancroft, Anne Rawlins, Deb McCoy, Garth Hermann, Michael Hoyt, Max Fanning, Dave Bruner, Doug Guns, Bret Shogren, Don George, Jeremy Frazier, and Janice Allen.

PROCLAMATIONS/RECOGNITIONS: Josh Jones welcomed new City Manager Jeremy Frazier to the City of Fort Scott. Diane Clay, City Clerk, administered the Oath of Office to Mr. Frazier.

ADDITIONS TO AGENDA: J. Jones moved to add the Memorandum of Agreement for a Mass Dispensing Site to the Consideration section of the agenda. L. Watts seconded. All voted aye.

APPROVED TO ADD THE MEMORANDUM OF AGREEMENT FOR A MASS DISPENSING SITE TO THE CONSIDERATION SECTION OF THE AGENDA.

CONSENT AGENDA:

1. Approval of minutes of the regular meeting of January 19^th, 2021 and special meeting minutes of January 19^th, 2021.

2. Approval of Appropriation Ordinance 1281-A totaling $345,26816.

3. Certificate of Appropriateness – 6 N. Main – Paint color approval

4. Request to Pay – Suez Treatment Solutions, Inc. – Water Treatment Plant – $15,784.70

R. Nichols moved to approve the Consent Agenda. L. Watts seconded. K. Allen, J. Jones, R. Nichols, and L. Watts voted aye. P. Allen voted no. Motion carried 4-1.

APPROVED CONSENT AGENDA.

Public Comment:

(Sign up required. Comments on any topic not on the agenda and limited to 5 minutes per person, at Commission discretion)

Anne Rawlins – She asked why the streets weren’t sanded last week when the bad weather came. She slid across 6^th Street. There were sand trucks at the Middle School at 7:45 and people had trouble getting up the hill. They should have been out earlier.

She asked if a decision had been made about moving Old Fort Genealogical Society to the east side of Memorial Hall yet.

She also asked if the Commission had a decided upon a donation to the Mayhugh Cemetery Memorial Fund yet.

She informed the Commission that a webinar will be held on February 12^th at the Gordon Parks Museum about the Mayhugh Cemetery and invited them to attend.

K. Allen said that they have discussed the Memorial Hall move but nothing has been decided.

K. Allen said that the bad weather moved in on the City quickly that morning. He also wasn’t aware of it until he received a call either.

Chad said that they had trucks out at 7:00 a.m. and treated up by the schools at least three times.

Michael Hoyt – Mr. Hoyt quizzed the new City Manager about the U.S. Constitution and what the 3^rd Amendment pertained to.

Mr. Hoyt stated that Josh Jones asked at the last meeting when we were presented with the $50,000 cost for the gap in KCAMP insurance if a risk assessment had been done. He said that he did a risk assessment. He stated we have $800,000 in filed suits against the City. That is what they are asking for. That doesn’t mean they’ve won it. It is a potential risk.

Mr. Hoyt also stated that the City has over nearly $1,000,000 in vacation and sick leave accrued. He said that there is no law on carrying over sick and vacation leave. You can lose or use with no consequences. You just have to have a policy in place.

Susan said that she will bring back numbers to the Commission at their next meeting on sick and vacation leave.

Interim City Manager Report and Comments: Jeff Hancock said that this is his final meeting tonight. He has enjoyed his stay in Fort Scott and met some great people.

He left the Commission with some thoughts:

• The City needs to follow State law, the City Charter ordinances and work within the City Manager/Commission form of government. He urged the City Commissioners to work through the City Manager to the different departments of the City.

• He urged them to read Kansas University Professor John Nalbandian’s Governing Together-Bridging the Gap.

• He recommended that the City at some time do a session or a all day session on Team Building and Operational Strategic Planning.

• He said that the policies and procedures of the City needs to be tracked in ordinances and resolutions.

• He recommended a salary survey be conducted also.

• He stated that there is too much drama taking place between the existing economic agencies and they all must work together.

• He stated that the Commission has a very good and dedicated City Staff and City Staff should always communicate an optimistic image and perspective.

• He believes that the residents of Lake Fort Scott should explore the creation of a Homeowners Association and take ownership of the community costs, and that the City should explore turning over certain assets to the Homeowners Association to assist in that process.

Kevin thanked him for his time at the City. He said that he is glad we don’t have a Homeowner’s Association at the Lake. He doesn’t want to drive the citizens away from swimming, boating, or fishing.

The Commission thanked him for his service and time he gave to the City of Fort Scott.

Director Reports: Doug Guns – Doug gave an update to the City Commission on the grounds of Woodland Hills Golf Course and told what he and his crew have completed this past year. Maintenance of the greens and cutting of underbrush were both completed. Even with Covid and being closed the month of March, there were 17 tournaments held at the course.

LaRoche Stadium – He is also in charge of the grounds at LaRoche Stadium. He and his crew have done routine winter maintenance and checked all the irrigation systems. Their first tournament is this coming weekend.

He said that he has three full time employees. He does hire three seasonal employees during April to October to assist in mowing.

Josh said that he has heard great things about our course and that even the Parks Director in Nevada called and asked them for advice.

Randy said that we have an excellent course and a gem in the golf course. He told him he has done a remarkable job.

Old Business: None

Appearances: None

New Business:

1. Approval of Notification of Bond Sale (General Obligation Refunding Bonds Series 2021-A) Susan Bancroft, Director of Finance, introduced Garth Hermann of Gilmore & Bell, and Bret Shogren of Stifel to discuss the bond sale that was held today.

1. Approval of bid – Garth Hermann, Bond Attorney, Gilmore & Bell, shared the bid results with the City Commission. He said to remind the Commission that the City had six outstanding bond issues that were eligible to be refunded. Those are series 2009, 2010-A, 2011-A, 2011-B, 2012-A, and 2012-B with outstanding interest rates from 1.6% to 4.1%. They worked with City Staff and the Bond Counsel. This list was submitted to hundreds of underwriters. At 10:00 a.m. bids were opened. There were seven bidders signed up and five underwriters submitted bids. The bid with the highest interest rate was from D. A. Davidson & Co., in the amount of .6925%, the next bid was UMB Bank N.A. in the amount of 0.6143%, the next was Commerce Bank at 0.4296%, the next was Central States Capital Markets at 0.419% and the winning bid was Country Club Bank at 0.333%. These bids are AA type quality bids. The total reduced interest savings resulted in an amount of $108,162.85. or 2.8% amount of savings. Their preliminary savings was estimated at $77,465.00 in savings, so this saved over 44% more than estimated. Due to the premium generated, they were also able to pay off the $3,900,000 in bonds with only issuing $3,805,000 in bonds. The debt was reduced by $95,000. These bonds will start to pay off at the scheduled time as when they were issued.

Bret Shogren with Stifel asked the City Commission to approve the low bid, the Ordinance No. 3573 and Resolution No. 4-2021.

R. Nichols moved to approve the low bid from Country Club Bank in the amount of 0.333%. L. Watts seconded. All voted aye.

APPROVED LOW BID FROM COUNTRY CLUB BANK IN THE AMOUNT OF 0.333% FOR THE REFINANCING OF THE GENERAL OBLIGATION BONDS.

2. Approval of the Ordinance No. 3573 providing for the issuance of the G.O. Bonds

R. Nichols moved to approve Ordinance No. 3573 providing for the issuance of the bonds. L. Watts seconded. All voted aye.

APPROVED ORDINANCE NO. 3573 AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF GENERAL OBLIGATION REFUNDING BONDS, SERIES 2021-A, OF THE CITY OF FORT SCOTT, KANSAS FOR THE PURPOSE OF PROVIDING FUNDS TO REFUND A PORTION OF THE CITY’S OUTSTANDING GENERAL OBLIGATION BONDS; PROVIDING FOR THE LEVY AND COLLECTION OF AN ANNUAL TAX FOR THE PURPOSE OF PAYING THE PRINCIPAL OF AND INTEREST ON SAID BONDS AS THEY BECOME DUE; AUTHORIZING CERTAIN OTHER DOCUMENTS AND ACTIONS IN CONNECTION THEREWITH; AND MAKING CERTAIN COVENANTS WITH RESPECT THERETO.

3. Approval of Resolution No. 4-2021 prescribing the form and details of and authorizing the directing the sale and delivery of G.O. Refunding Bonds

L. Watts moved to approve Resolution No. 4-2021 authorizing and directing the sale and delivery of the General Obligation Bonds. R. Nichols seconded. All voted aye.

APPROVED RESOLUTION NO. 4-2021 PRESCRIBING THE FORM AND DETAILS OF AND AUTHORIZING AND DIRECTING THE SALE AND DELIVERY OF GENERAL OBLIGATION BONDS, SERIES 2021-A, OF THE CITY OF FORT SCOTT, KANSAS, PREVIOUSLY AUTHORIZED BY ORDINANCE NO. 3573 OF THE ISSUER; MAKING CERTAIN COVENANTS AND AGREEMENTS TO PROVIDE FOR THE PAYMENT AND SECURITY THEREOF; AND AUTHORIZING CERTAIN OTHER DOCUMENTS AND ACTIONS CONNECTED THEREWITH.

 

2. Consideration to solicit Aquatic Center Cleaning Bid – Dave Bruner, Fire Chief, informed the Commission that he is asking approval to solicit bids for the brush blasting and painting of the aquatic center for this year. Painting bids were solicited last year but then that project did not happen due to Covid. The pool has not been painted since 2017. They recommend every three to five years that it be repainted and cleaned. Brush blasting is a more finer cleaning than power washing. He shared photos of chipped paint and the faded black lines in the pool. The swim team uses the black lines for their competitions.

Discussion was held to contact Larkin Aquatics who constructed the pool to get their opinion on the brush blasting and the type of paint.

L. Watts moved to solicit bids for the brush blasting and painting at the aquatic center. R. Nichols seconded. All voted aye.

APPROVED TO SOLICIT BIDS FOR THE BRUSH BLASTING AND PAINTING AT THE AQUATIC CENTER.

3. Consideration of Alley Construction Policy – Chad Brown, Public Works Director, informed the Commission that this is in reference to the alley between Main and National in the 100 block. He recommended that all alleys located in the downtown historic district be constructed using a minimum of 6” of concrete surface. The costs for the asphalt price at 6” thick was $16,960. The cost of concrete for materials alone was $11,515.04. Estimated labor for the concrete is about $7,000 more utilizing the Street crew and the Parks crew. His recommendation is to use the concrete in the alleys as needed in the downtown historic area.

Jeff Hancock, Interim City Manager, also recommended the concrete in the alleys in the downtown area.

R. Nichols moved to approve the Alley Construction Policy for the Downtown Historic District. L. Watts seconded. K. Allen, R. Nichols, L. Watts, and J. Jones voted aye. P. Allen voted no. Motion carried 4-1.

APPROVED THE ALLEY CONSTRUCTION POLICY FOR THE DOWNTOWN HISTORIC DISTRICT.

4. Consideration of Assessment Waiver Policy – Allyson Turvey, Community Development Manager, informed the Commission that is the policy for the individual waiver request. This was discussed at the work session. She discussed the percentage of the property value rather than a set number. She removed the section where the new property owner was able to come in and get their assessments removed. The concern was someone could sell their property to a friend to get this waived. If a property owner is willing to put in the money to update a property, all requirements must be met before the waiver is granted. This would have to be looked at on a case by case basis. Ally said that she can add Item C for a New Property Owner Waiver and that all requirements must be met before the waiver may be granted.

L. Watts moved to approve the Assessment Waiver with the addition of Item C for the New Property Owner Waiver included. J. Jones seconded. All voted aye.

APPROVED ASSESSMENT WAIVER POLICY WITH THE ADDTION OF ITEM C FOR NEW PROPERTY OWNER WAIVER.

5. Consideration of Assessment Policy for County Tax Sale – Allyson Turvey, Community Development Manager, informed the Commission that the City waive all assessment fees for the properties being prepared for the tax sale. If not waiving all the fees, a percentage of 25% is also proposed. She shared a spreadsheet showing 25% and 50% of the assessment fees for the tax sale properties.

R. Nichols moved to approve the assessment policy for the County tax sale at the 25% amount or the lower assessed fee. K. Allen seconded. All voted aye.

APPROVED THE ASSESSMENT POLICY FOR THE COUNTY TAX SALE AT THE 25% ASSESSED AMOUNT OR THE LOWER ASSESSED FEE.

6. Consideration of Kansas Municipal Utilities Training Program for 2021 – Susan Bancroft, informed the Commission that a contract was signed in 2019 obligating the City for three years at $22,000 per year for safety training. Because the City is a cash basis state, obligations can only be made annually. She feels that safety training can be accomplished at a cheaper rate and she spoke with K.M.U. officials. She asked for 2021 that this be pro-rated to the same level as 2018 which is $15,000. Since K.M.U. hired a trainer for 2021, she suggested the Commission possibly approve the $15,000 for 2021 saving the City $7,000 and revisit the contract during budget. Training would go from two days a month to one day a month. The Commission can either not approve or approve at the $15,000 reduced rate. Her recommendation is to not approve this contract.

Deb Needleman, Human Resource Director, said that there is other training available. She is checking with E.M.C. and Michael Mix knows of some training opportunities also.

L. Watts moved to not approve the K.M.U. training program for 2021. J. Jones seconded. All voted aye.

APPROVED TO NOT APPROVE THE K.M.U. TRAINING PROGRAM FOR 2021.

7. Consideration to accept C.FA.P. Grant for $1,317.00 – Don George, Kansas Department of Wildlife and Parks, informed the Commission that the City has been partners with K.D.W.P. since the 1970’s. This grant was applied for last fall and was awarded. This grant is for a parking lot at the back of Gunn Park by the river. This will be on the west side of Gunn Park. He reminded the Commission about the stocking of trout that occurs in Gunn Park. He asked that the trout be promoted through the City on their Facebook page. He also asked that the brochure in the lobby be updated to include the trout.

Mr. George also brought up the idea of kayaking from Gunn Park to Rock Creek Lake down the Marmaton River. He thinks this would bring in a lot of tourists from the Kansas City area. The State has leased the right from the landowners so people can kayak down the river.

K. Allen made a motion to accept the award from Kansas Department of Wildlife and Parks in the amount of $1,317.00. L. Watts seconded. All voted aye.

APPROVED TO ACCEPT THE GRANT AWARD FROM KANSAS DEPARTMENT OF WILDLIFE AND PARKS IN THE AMOUNT OF $1,317.00 FOR THE CONSTRUCTION OF A PARKING AREA AT THE BACK OF GUNN PARK.

8. Memorandum of Agreement for Mass Dispensing Site at the First Source Building – Rachel Pruitt, Economic Development Director, informed the Commission that is an agreement for Public Health to utilize the First Source building as a vaccination site. The City Attorney has reviewed and approved this agreement. This will be a centralized location where people can enter in one door and exit out another door. This would be used until the vaccine has been administered to all who desire it. The Public Health Office will begin administering vaccines on Tuesday, February 9^th to those 85 and older from 10:00 a.m. to 2:00 p.m. The City has release forms also to sign. The ages for vaccination drop after the first age for vaccination. There is a shortage of vaccines still. This will be a good use for a vacant building at this time.

R. Nichols moved to approve the Memorandum for Mass Dispensing Site for First Source. J. Jones seconded. All voted aye.

APPROVED THE MEMORANDUM FOR MASS DISPENSING SITE FOR THE FIRST SOURCE BUILDING.

8. Discussion of Charter Ordinance for replacing vacant Commissioner position – Mayor Josh Jones asked the Commission to review this proposed Charter Ordinance. If they like it, he will ask the City Attorney to draft it in the proper form. He asked if there was any changes needed on this to replace a vacant Commissioner.

Randy said that since this is a Charter Ordinance, it will take four (4) votes to pass. He will never vote for it. He still believes that the current ordinance we have is sufficient.

Josh said that he looked at the last several elections and not one candidate received over 25% of the vote of the general public.

Randy said that he still won’t vote for this Charter Ordinance.

Kevin said that he still believes that the next person in line should be offered this position first and it’s the right thing to do.

J. Jones made a motion to approve for the City Attorney to draft up a Charter Ordinance for replacing a vacant City Commissioner and bring back to the next meeting. K. Allen seconded. K. Allen, P. Allen, and J. Jones voted aye. R. Nichols and L. Watts voted no. Motion carried 3-2.

APPROVED FOR THE CITY ATTORNEY TO DRAFT UP A CHARTER ORDINANCE FOR REPLACING A VACANT CITY COMMISSIONER AND BRING BACK TO THE NEXT MEETING.

Reports and Comments:

1. Commissioner Reports and Comments:

P. Allen – Nothing to report.

L. Watts – Welcomed Jeremy Frazier to the City of Fort Scott. She is excited to see what all he will do for the City.

R. Nichols – Welcomed Jeremy also to the City. He thanked Jeff Hancock for his term as Interim City Manager.

He thanked City staff for their reports.

He encouraged citizens to take the Covid vaccine if they are old enough.

K. Allen – He stated that he would donate his Covid vaccine to Dr. Nichols.

He asked about the First Source building and if we were advertising the building for sale? For rent?

Jeff Hancock said that Rachel has information on that and will have it at the next meeting.

Kevin asked about the road at 2500 South Main going east and if was determined who owned the road.

Jeremy Frazier said it was not determined who owned it. The City never accepted the road.

Kevin would like to get this road repaired.

Kevin asked if Public Works was fully staffed yet.

Jeremy Frazier said that there are 5 in Streets and 4 in Water Distribution currently.

Kevin asked about the road at Ellis Park as the rain washes the gravel away.

Josh said that Chad would like to asphalt the road there.

J. Jones – Josh stated that he hopes we can get started on Cooper Street by March 1^st. He thinks this will help the sales tax pass if people can see us working on a project.

Josh said he was approached by a plumber about the City’s gas pressure test requirements. The City requires 20 pounds and other places require 12 pounds.

Jeremy will have this checked into.

Josh said that he spoke with the City Attorney about his invoice. He said he would like to see the City go out for the attorney position and see if there is any local interest. We could still use Lauber Municipal Law firm.

He asked how long it has been since our Work Comp has been quoted.

Susan said it has been some time.

City Attorney Report and Comments: Nothing to report.

EXECUTIVE SESSION:

L. Watts moved that the City Commission recess into Executive Session for the purpose of discussing attorney-client privilege in K.S.A. 75-4319(b)(2). The subject matter will be held on Charter Ordinances and residency requirements. The open meeting will resume in the Commission meeting room at City Hall at 9:18 p.m. J. Jones seconded. All voted aye. This included the City Commission, City Manager, Interim City Manager, Director of Finance, and Human Resource Director.

L. Watts moved that the City Commission come out of Executive Session at 9:18 p.m. J. Jones seconded. All voted aye.

EXECUTIVE SESSION:

J. Jones moved that the City Commission recess into Executive Session for the purpose of discussing attorney-client privilege in K.S.A. 75-4319(b)(2). The subject matter will be held regarding pending litigation. The open meeting will resume in the Commission meeting room at City Hall at 9:40 p.m. L. Watts seconded. All voted aye. This included the City Commission and Interim City Manager.

L. Watts moved that the City Commission come out of Executive Session at 9:40 p.m. J. Jones seconded. All voted aye.

Adjournment:

J. Jones moved to adjourn the meeting at 9:42 p.m. R. Nichols seconded. All voted aye.

ADJOURNED MEETING AT 9:42 P.M.

Respectfully submitted,

Diane K. Clay, MMC

City Clerk