CITY OF FORT SCOTT

CITY COMMISSION MEETING

Minutes of August 17, 2021 Regular Meeting #16

The regular meeting of the Fort Scott City Commission was held August 17^th, 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 K. Allen, P. Allen, R. Nichols, and L. Watts were present with Mayor J. Jones presiding.

INVOCATION:, Diane Clay, City Clerk, said a prayer asking God for guidance for the City, our Government and City officials.

AUDIENCE IN ATTENDANCE: Travis Shelton, Susan Bancroft, Brenda Iverson, Canton Dean, Jimmy Kemmerer, Logan Woods, Tim VanHoecke, Cheryl VanHoecke, Jennifer LaRoche, Jason Marbery, Brad Matkin, Seth Needham, Pete Owenby, Jesse Pohlmann, Lindsay Madison, Rob Harrington, Jackson Tough, Jason Dickman, Michael Hoyt, Lynette Westhoff, and Bill Martin.

ADDITIONS TO AGENDA: Josh Jones asked under Appearance that Rob Harrington be added.

PROCLAMATIONS/RECOGNITIONS: None

CONSENT AGENDA:

1. Approval of minutes of the regular meeting of July 6^th, 2021.

2. Approval of Appropriation Ordinance 1294-A totaling $598,879,75.

3. Request to Pay – American Wrecking Services, LLC – Eagle Block Building – $81,675.00

4. Request to Pay – HDR Engineering, Inc. – $9,470.39 – River Intake Project

5. Amending of Resolution Numbers:

8-2021 to 18-2021 (14 S Margrave – Dangerous & Unsafe Resolution)

6. Request to Pay – Earles Engineering

Building Inspection – $4,791.88

Building Inspection (Peter Earles) – $1,669.50

3^rd Street Sewer Project – $2,306.00

City Engineer – $4,000.00

Public Works Director – $4,717.50

Wastewater Treatment Plant – $7,288.00

Re-Route Manhole #148 Proposal – $5,000.00

7. Request to Pay – Nuss & Farmer $1,825.50

8. July Financials

R. Nichols moved to approve the Consent Agenda. L. Watts seconded. R. Nichols, L. Watts, and J. Jones voted aye. P. Allen voted no. K. Allen abstained. Motion carried 3-1-1.

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) – None

Engineering Firm Update: Jason Dickman, Earles Engineering, Inc., informed the Commission that he checked into the location of 17^th and Eddy and 15^th and National. He will review this and discuss at the next meeting.

Interim City Manager Report and Comments: Mark McCoy, Interim City Manager, said that the K.D.O.T. permit for Highway 69 and 12^th Street has been applied for.

APPEARANCES:

Brenda Iverson – Consideration of Boy Scout Request – Ms. Iverson said that Boy Scout Troop 114 is having a recruitment event on August 28^th. They could like to use 2^nd Street Park and shoot BB guns and bows and arrows. It is City property so she asked for the Commission’s approval.

City Attorney said that it is a safety issue but if the Chief of Police has no issues, he is fine with it also.

Chief Shelton said that they have allowed this before. The Scouts will make sure there are safety precautions in place.

Seth Needham asked if they could get a port-a-potty at the location on the day of the event.

K. Allen said if the City does not provide one, he will bring one out.

K. Allen made a motion to allow the Boy Scout Troop 114 to use 2^nd Street Park to hold their event and work with Chief Shelton on this. L. Watts seconded. All voted aye.

APPROVED TO ALLOW THE BOY SCOUT TROOP 114 TO USE 2^ND STREET PARK TO HOLD THEIR EVENT ON AUGUST 28^TH AND WORK WITH CHIEF SHELTON ON THIS.

Rob Harrington – Rob said that he went into McDonald Hall to show the building to a prospective buyer. The building is in terrible condition. He encouraged the City to work to acquire this building so it doesn’t end up like the Eagle Block building.

Public Hearings: None

Director Reports: None

Old Business:

1. Resolution 21-2021 for Sale of Lake Fort Scott Property Proceeds – City Attorney said that this is the resolution for the sale of the Lake Fort Scott properties. This would put all proceeds into a Lake Fort Scott fund. He said that the resolution could be approved or amended as they see fit.

R. Nichols said that he thinks this resolution is too restrictive. He said that there are lots of needs in our community that need funded also. He said that our streets need funding, economic development needs funding as well as health care. He doesn’t want to see all these funds put into one fund where they can’t be moved or used. He mentioned possibly putting a percentage of the sales in this fund.

K. Allen said that the lake is a public place and we need to fund improvements for the lake.

Discussion was held between the Commissioners about the fund and a percentage they would like to see placed in the lake fund.

R. Nichols moved to table this and have the City Attorney rework the resolution. The motion died for lack of a second.

L. Watts moved to approve Resolution No. 21-2021 creating the Lake Fort Scott fund. J. Jones seconded. L. Watts and J. Jones voted aye. K. Allen, P. Allen, and R. Nichols voted no. Motion denied 2-3.

DENIED MOTION TO APPROVE RESOLUTION NO. 21-2021 CREATING THE LAKE FORT SCOTT FUND.

K. Allen move to allow the sale of the first four lots to go to the Lake Improvement Fund and have the City Attorney rework the resolution. P. Allen seconded. K. Allen, P. Allen, L. Watts, and J. Jones voted aye. R. Nichols voted no. Motion carried 4-1.

approved to allow the sale of the first four lots to go to the Lake Improvement Fund and have the City Attorney rework the resolution.

New Business:

1. Consideration of Supplemental Bond Agreement No. 1 amending a certain bond agreement for the 2015 Industrial Revenue Bond for Bourbon County Assisted Living Project and approving Resolution No. 20-2021 – Susan Bancroft, Director of Finance, informed the Commission that Gilmore and Bell, the City’s bond company, submitted the Supplemental Bond Agreement #1 and Resolution as the Bourbon County Assisting Living Project is looking to refinance their bonds. Approval of the agreement and the resolution is needed.

R. Nichols moved to approve the Supplemental Bond Agreement No. 1 and Resolution 20-2021 for the 2015 Industrial Revenue Bonds for Bourbon County Assisted Living Project. L. Watts seconded. All voted aye.

APPROVED SUPPLEMENTAL BOND AGREEMENT #1 AND RESOLUTION NO. 20-2021 OF THE GOVERNING BODY OF THE CITY OF FORT SCOTT, KANSAS APPROVING THE FORM OF SUPPLEMENTAL BOND AGREEMENT NO. 1, AMENDING AND SUPPLEMENTING A CERTAIN BOND AGREEMENT ENTERED INTO IN CONNECTION WITH THE ISSURANCE BY THE CITY OF ITS TAXABLE INDUSTRIAL REVENUE BONDS, SERIES 2015-A AND SERIES 2015-B (BOURBON COUNTY ASSISTED LIVING PROJECT), AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH.

K. Allen left the room at 6:40 p.m.

2. Consideration to Pay: Skitch’s Hauling & Excavation, Inc.:

July Port-a-Potties – $2,640.00

Use of Skid Loader for Dunn property – $1,572.50

J. Jones moved to approve the two payables to Skitch’s Hauling & Excavation, Inc. L. Watts seconded. P. Allen, R. Nichols,, L. Wattts and J. Jones voted aye.

APPROVED SKITCH’S HAULING & EXCAVATION, INC. INVOICES.

K. Allen returned to the room at 6:41 p.m.

3. Consideration of Bid – Water Treatment Plant Clarifier No. 1 Mixer Drive Replacement – Mark McCoy, Interim City Manager, informed the Commission that bids were submitted on August 9^th, 2021. There were two bids received with the low bid from Davis Structure & Development Corporation of Springfield, Missouri in the amount of $90,355 and the other bid from G & G Construction Co., Inc. of Carthage, Missouri in the amount of $91.650.00. Approval for the low bid was requested.

L. Watts moved to approve the low bid from Davis Structure & Development Corporation of Springfield, Missouri in the amount of $90,355 for the Clarifier No. 1 Mixer Drive Replacement project. R. Nichols seconded. All voted aye.

approved the low bid from Davis Structure & Development Corporation of Springfield, Missouri in the amount of $90,355 for the Clarifier No. 1 Mixer Drive Replacement project.

4. Consideration of Bid – Cooper Street Reconstruction – Jason Dickman, Earles Engineering, informed the Commission that this bid became confusing due to the bid and the plans. He recommended going with the bid form. Based on the bid, the low bidder was Marbery Concrete for $745,973. The bid alternate to replace Item #21, which was asphalt to concrete, the low bidder would be Amino Brother at $766,318.54. The question for the Commission to go with asphalt or concrete.

L. Watts said that the biggest question has to be answered by Finance and determine if there is funding.

Susan said that tonight you have over $1,000,000 in projects. Based on the cash basis law, you cannot spend over $330,000. There is short term financing available or temporary notes you can obtain.

Jason said that the bids would be good for 60 days.

Discussion was held to table this issue and bring back at the next meeting.

L. Watts made a motion to table the Cooper Street project until Susan Bancroft can investigate financing options for temporary notes or any other available financing. R. Nichols seconded. K. Allen, P. Allen, R. Nichols and L. Watts voted aye. J. Jones abstained. Motion carried 4-1.

approved to table the Cooper Street project until Susan Bancroft can investigate financing options for temporary notes or any other available financing.

5. Consideration of Bid – National Avenue Overlay – 13^th to 17^{th –} Jason Dickman, Earles Engineering, informed the Commission that there were two bids received on the National Overlay Project. They were received from Heckert Construction Co., Inc. of Pittsburg, Kansas and Bettis Asphalt & Construction, Inc. of Iola, Kansas. The bid from Heckert Construction is $90,606.75 and the bid from Bettis is $126,407.70. His recommendation is to award the bid to Heckert Construction in the amount of $90,606.75. Jason said that they would clean up the old milling that was done.

L. Watts moved to approve the bid for National Avenue overlay with Heckert Construction of Pittsburg, Kansas in the amount of $90,606.75. K. Allen seconded. All voted aye.

approved the bid for National Avenue overlay with Heckert Construction of Pittsburg, Kansas in the amount of $90,606.75.

6. Consideration of Bid – Horton Street – Mill and Overlay – Mayor Jones asked that this item also be tabled due to financing.

L. Watts moved to table the Horton Street project until Susan Bancroft can investigate financing options for temporary notes or any other available financing. R. Nichols seconded. K. Allen, R. Nichols, and L. Watts voted aye. P. Allen and J. Jones abstained. Motion carried 3-2.

approved to table the Horton Street project until Susan Bancroft can investigate financing options for temporary notes or any other available financing.

7. Consideration of Bid – Union Block Alley – Jason Dickman, Earles Engineering, informed the Commission that there was one bid received on the alley project.

Discussion was held regarding if there was enough time for companies to bid this project.

L. Watts moved to reject the bids and rebid this project with a bid date of September 14^th, 2021. K. Allen seconded. All voted aye.

Approved to reject the bid for the Union Block Alley and rebid this project with a bid date of September 14^th, 2021.

8. Consideration of Bid – Below Grade Restoration Eagle Block/CDL – Jason Dickman, Earles Engineering, informed the Commission that the bids were due last Friday. There were two bids received from Owenby Masonry & Construction of Fort Scott in the amount of $32,500 and a bid from Mid-Continental Restoration Co., Inc. of Fort Scott in the amount of $34,968. He asked for approval for the low bid from Owenby Masonry & Construction in the amount of $32,500.

Discussion was held regarding the time frame of this project. Jason said the time frame is 30 days.

J. Jones moved to approve the low bid from Owenby Masonry & Construction of Fort Scott in the amount of $32,500 for the Below Grade Restoration project for the Eagle Block and CDL Building. R. Nichols seconded. P. Allen, R. Nichols, L. Watts, and J. Jones voted aye. K. Allen abstained. Motion carried 4-1.

approved the low bid from Owenby Masonry & Construction of Fort Scott in the amount of $32,500 for the Below Grade Restoration project for the Eagle Block and CDL Building.

9. Consideration to purchase used truck from Fort Scott Auto in the amount of $18,000 for Public Works – Jesse Pohlmann, Public Works Director, informed the Commission that they have found a 2011 GMC Sierra Pickup they would like to purchase. Tom Coffman, City Mechanic, has checked this vehicle thoroughly. It has 228,000 miles on it.

L. Watts moved to approve the purchase of a 2011 GMC Sierra Pickup in the amount of $18,000 for Public Works from Fort Scott Auto. R. Nichols seconded. R. Nichols and J. Jones votes aye. K. Allen and P. Allen both abstained. Motion carries 3-2.

approved the purchase of a 2011 GMC Sierra Pickup in the amount of $18,000 for Public Works from Fort Scott Auto.

10. Police Department Update – Travis Shelton, Chief of Police, informed the Commission that three weeks ago Shawn Pritchett, who has been our K-9 handler, has resigned and to go to the Sheriff’s Department. He received a letter from Sheriff Bill Martin who asked to purchase the K-9 dog as well as well as the kennel. Chief Shelton said that he agrees with the request and would donate the dog to the Sheriff’s Department. The City would purchase another dog through our drug seizure funds.

R. Nichols moved to approve to donate the dog and kennel to the Sheriff’s Department. L. Watts seconded. All voted aye.

APPROVED TO DONATE THE K-9 DOG AND KENNEL TO THE SHERIFF’S DEPARTMENT.

11. Human Resource Update – City Manager search – Brad Matkin, Human Resource Director, informed the Commission that he has researched the search for City Manager options. There are three options he has found.

1. Use Osenbaugh Associates – Cost approximately $11,770

2. Use of L.E.A.P.S program through the League of Kansas Municipalities at an approximate cost of $13,000

3. Use City staff to advertise to the League, Linked In, the ICMA Association and other sites at an approximate cost of $1,700.

Brad suggested an interview process to include three community leaders, one City Commissioner and two Human Resource individuals.

L. Watts moved to approve the third option to search for a City Manager. K. Allen seconded. All voted aye.

approved the third option to search for a City Manager.

12. Disposal of City property – Jesse Pohlmann, Public Works Director, informed the Commission that the City has an old dump truck that needs scrapped. He asked for approval to scrap this old truck.

K. Allen moved to approve to scrap this old dump truck. L. Watts seconded. All voted aye.

APPROVED TO SCRAP AN OLD DUMP TRUCK THAT IS NO LONGER USED.

Reports and Comments:

Commissioner Reports and Comments:

L. Watts – Nothing to report.

R. Nichols – Thanked the downtown cleanup committee for a job well done. He said it was well organized. He also complimented the downtown murals that were painted and how well they look.

He asked the Interim City Manager to look at a City-wide brush removal program where citizens could pile their brush at the edge of the curb and the City would pick it up.

P. Allen – Pete remarked about a letter that he and the Commissioners had been given by a citizen. He said that the streets are not going to be repaired overnight.

Pete asked the Commission if they were committeed to a Street Maintenance program and if they were behind him and all the work he has done.

K. Allen – Kevin remarked that the new City employees are doing a great job.

He also complimented the pothole patcher machine and the employees and that they were doing a good job. He mentioned that a crack filling machine had been discovered at Public Works which will also assist in the street repair.

Kevin brought up the stop sign at 3^rd and National and removing it.

Discussion was held regarding a traffic counter.

He made a motion to remove the stop signs at 3^rd and National going north and south. P. Allen seconded. K. Allen and P. Allen voted aye. R. Nichols, L. Watts, and J. Jones voted no. Motion denied 3-2.

DENIED MOTION TO REMOVE THE STOP SIGNS AT 3^RD AND NATIONAL GOING NORTH AND SOUTH.

J. Jones – Josh asked that the Interim City Manager review the Public Works contract with Earles Engineering.

Josh also asked that dock permit fee at Lake Fort Scott be researched.

Josh asked about the expansion of Municipal Court.

Diane told him that we are waiting on the new books from the League of Kansas Municipalities.

Josh asked about the traffic signals and the delay in the signals.

City Attorney Report and Comments: Nothing to report.

Adjournment:

J. Jones moved to adjourn the meeting at 8:33 p.m. L. Watts seconded. All voted aye.

ADJOURNED MEETING AT 8:33 P.M.

Respectfully submitted,

Diane K. Clay, M.M.C.

City Clerk