Monthly Archives: March 2019

Government, Kansas

Senator Hilderbrand’s Weekly Communication

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March 15, 2019∙ Week Nine
HARD FACTS
·      In January, the unemployment rate increased to 3.4 percent from December’s 3.3 percent. In January 2018, unemployment was at 3.5 percent (Kansas Department of Labor).
·      The Kansas labor force expanded by 1,300 in January. The number of unemployed escalated by 930 (Topeka Capital-Journal).
·      The five-county Topeka and Wichita areas had an unemployment rate in January of 4.1 percent. In Johnson County and four nearby counties, unemployment was at 3.7 percent. The Douglas County and Riley County reports showed an unemployment rate of 3.6 percent (Topeka Capital-Journal).
We had the honor of recognizing the Kansas American Legionnaires at the State Capitol. Thank you Legionnaires Carl and Myra Jowers representing Fort Scott Thompson-Harkey Post 25, for making the trip to Topeka!
Many of us have “learn a new language” on our to-do list. With Mango Languages, you can learn right from your own computer (or smartphone!). This online language learning service https://kslib.info/Mango provided by the State Library is easy to use. Choose from 71 languages such as Spanish, French, Mandarin, Japanese- even Swahili. Mango uses real life situations and conversations to more effectively teach a new language. Mango also includes 19 English as a second language options. Use as a Guest or register to track your progress (and for smartphone use).
If the page above asks for a Kansas Library eCard number, you may get one at any library in Kansas. Most people will be automatically recognized as being in Kansas and will not need this step. Questions: [email protected] or 785-296-3296. To see all the State Library’s online resources, visit https://kslib.info/databases.
Congratulations to ArtForms Gallery in Pittsburg for winning the 2019 SBDC PSU Emerging Business award!
Thank you Sue Horner, Janet Lewis, Ruth Miller, and Sylvia Shirley for taking the time to visit with me after the ceremony!
FLOOR ACTION
CEMETERY DISTRICT TERRITORY VALLEY CENTER (SB 155): Senate Bill 155 would de-annex all of Valley Center territory within the Hillside Cemetery District, located in Sedgwick and Harvey counties, from the cemetery district, effective June 30, 2020. After July 1, 2020, any territory annexed by the City of Valley Center located within the Hillside Cemetery District would be excluded from the cemetery district upon annexation. This bill was passed and placed on the Consent Calendar 38-0.
SALE OF PROPERTY IN DOUGLAS COUNTY (SB 173): Senate Bill 173 would authorize the State Board of Regents to sell the Old father Studios in Douglas County on behalf of the University of Kansas. The proceeds from the sale deposited to the restricted use account of the University of Kansas to be used for deferred maintenance. The bill would require the deeds, titles, and conveyances be reviewed and approved by the attorney general. This bill was passed and placed on the Consent Calendar 38-0.
STATE USE LAW EXTENTION (HB 2174): House Bill 2174 extends the sunset date for the State Use Law Committee which is organized within the Department of Administration, from July 1, 2019 to July 1, 2024. This bill was passed and placed on the Consent Calendar 38-0.
TEMPORARY PERMITS FOR THE SELLING AND SERVING OF ALCOHOLIC LIQUOR (SB 70): Senate Bill 70 modifies and consolidates laws concerning temporary permits to serve liquor for consumption on premises. The bill would codify several Kansas Alcoholic Beverage Control Division rules and regulations into statute. The bill would repeal KSA 2018 Supp. 41-347 and KSA2018 Supp. 41-2645 but would retain most of the provisions of these statutes in new law. This bill passed the Senate 38-0.
CONSTITUTIONAL AMENDMENT DELETING REQUIREMENT FOR ADJUSTMENT OF CENSUS DATA (SCR 1605): Senate Concurrent Resolution1605 removes the census adjustment requirement in the Kansas Constitution for military personnel and students. Currently, the state is required to contact every college student and member of the military who resides in Kansas to determine official residence. The census adjustment will ask ‘what is your permanent residence’, then adjusts the official census numbers accordingly based on that answer. This adjustment is only used for reapportionment of Kansas Senate districts, Kansas House of Representatives districts, and State Board of Education districts. During the 2010 adjustment, approximately 13,000 individuals were subtracted from U.S. Census bureau numbers because they told the State of Kansas, they considered themselves to be a resident of another state.
If SCR1605 does not pass, the Secretary of State’s office anticipates needing $834,000 in state general funds to cover the costs of the adjustment as part of the 2020 Census. In addition to state savings, SCR1605 has the benefit of allowing for expedited redistricting. On average, it takes three to six months after official U.S. Census data is provided to Kansas to complete the adjustment and provide redistricting data to the Kansas Legislature. Historically, Kansas has been among the last states to complete its reapportionment requirements and SCR 1605 provides the Legislature with additional time to complete redistricting. This resolution passed the Senate 40-0.
EMERGENCY MEDICAL SERVICES-RELATED STATUTES (SB 99): Senate Bill 99 creates the designation of inactive certificate, authorizing the Board to issue an inactive certificate to persons currently certified by the Board who make a written application on a Board form and pay the corresponding fee. Such inactive certificates could only be issued to persons who are not directly providing emergency medical services (EMS) in the state and are not presenting themselves to the public as providing EMS. A holder of an inactive certificate would not be allowed to engage in the practice of EMS. Inactive certificate holders could apply for an active certificate by filing a written application on a form prepared by the Board and by paying the corresponding fee. The Board would have the authority to require additional testing, training, or education as deemed necessary to establish the inactive certificate holder’s ability to engage in the provision of EMS with reasonable skill and safety. This bill passed the Senate 36-2(I voted against this bill. I had some concerns with the state mandating fingerprinting, and then making the EMS personnel pay for it.).
This week I had the opportunity to introduce Dr. Jim Triplett, Erin Kruse, Charlie Beetch, and Cecily Stephens in the Senate. They were in the Capitol representing PSU’s Sustainability program. PSU is the only University in the Kansas regents system that offers this 4-year baccalaureate degree.
HOUSE PROTECTIONS FOR VICTIMS OF DOMESTIC VIOLENCE, SEXUAL ASSAULT, HUMAN TRAFFICKING OR STALKING (SB 150): Senate Bill 150 creates law prohibiting certain actions from being taken against a tenant, lessee, or applicant for a lease because such person has been or is in imminent danger of becoming a victim of domestic violence, sexual assault, human trafficking, or stalking. A tenant or lessee could not be evicted from the premises or found to be in violation of a rental or lease agreement based on or as a direct result of the circumstances, if the tenant or lessee otherwise qualifies for tenancy or occupancy. A tenant or lessee would not be liable for rent for the period after vacating rented or leased premises if the tenant or lessee is in the circumstances and notifies the landlord or property owner in accordance with provisions set forth in the bill. In an action brought against a tenant or lessee under Kansas law seeking recovery of rent, the tenant or lessee would have an affirmative defense and no liability for rent for the period after vacating the premises if, by preponderance of the evidence, the court finds the tenant or lessee was in the circumstances described above and provided the required notice.
An applicant, tenant, or lessee would qualify for the protections of the bill if the applicant, tenant, or lessee provides a statement regarding the circumstances to the landlord or property owner, who could also request the applicant, tenant, or lessee provide additional documentation specified by the bill. Such documentation could include a document signed by the victim and any one of various specified professionals or providers from whom the victim sought assistance, declaring under penalty of perjury the individual believes the qualifying circumstances exist, or a record pertaining to the alleged qualifying circumstances from a court or federal, state, or local law enforcement agency, including a police report. The submission of false information by an applicant, tenant, or lessee would be a basis for denial of tenancy, eviction, or violation of a rental or lease agreement. A landlord or property owner could impose a reasonable termination fee, not to exceed one month’s rent, on a tenant or lessee requesting termination pursuant to the bill before the expiration date of the lease, but only if such fee is contained in the terms of the rental or lease agreement. This bill passed the Senate 40-0(I was a co-sponsor of this bill).
AUTHORIZING A STUDY OF RETAIL RATES OF KANSAS ELECRIC RATES (Sub SB 69): Substitute for Senate Bill 69 authorizes an independent $1 million study of retail rates charged by public utilities. The bill requires the Legislative Coordinating Council (LCC), a bipartisan group of House and Senate leaders, to select a firm or organization to perform the study which is scheduled to be completed in 2020. The Kansas Corporation Commission (KCC), the state’s utility regulator, would have to cooperate with the organization hired to conduct the study. Sub SB 69 requires the study to be paid for by utility companies.
This legislation was created in response to Kansas having some of the highest utility rates in the region and is intended to provide information to the Legislature in order to protect ratepayers.
The initial phase of the study will examine whether the current rate-setting process influenced utility capital investments, balanced utility profits and public-interest objectives, expenditures in transmission and renewable energy resources, and examine the regional competitiveness of Kansas’ rates.
The second phase will explore how electric public utilities accounted for installation of charging stations for electric vehicles, how investment in transmission infrastructure influenced utility rates and the impact of electric rates on economic development. This bill passed the Senate 38-1(I voted in favor of this bill).
$90 MILLION SCHOOL FUNDING INFLATION PLAN (SB 142): Senate Bill 142 appropriates funds to the K-12 base aid for FY 2020 and FY 2021. The legislation supplements the state’s $525 million, five-year investment that passed last year, with a series of additional $90 million bonuses during the next four years. SB 142 was crafted to comply with the Kansas Supreme Court’s instructions to add an inflation adjustment. This bill passed the Senate 32-8(I voted in favor of this bill).
ALLOWING KANSANS TO BENEFIT FROM FEDERAL TAX REFORM (SB 22): Senate Bill 22 was originally introduced in response to the Tax Cuts & Jobs Act of 2017 and the revenue windfall Kansas is expected to receive because of federal tax reform. SB 22 addresses both individual and corporate taxes by decoupling state law from federal tax provisions. The bill will provide individuals with the ability to itemize when using the federal standard deduction on their tax return. SB 22 provides Kansans with the right to deduct interest on their mortgage, property taxes, and health care expenses. The bill also provides incentives for businesses to invest and create jobs in Kansas since it places Kansas on par with surrounding states that have already decoupled from federal law, increasing Kansas’ competitiveness.
If Senate Bill 22 does not get signed into law, businesses are expected to get hit with $137 million in state income taxes and individual taxpayers would pay an extra $50 million to the state.
After SB 22 passed the Senate on a vote of 26-14, it was then sent to the House of Representatives where two amendments were added before it passed the House on a vote of 76-43.
One amendment added by the House provided a one percentage point reduction in the state’s 6.5 percent sales tax on food. The food sales tax reduction is expected to provide a $43 million reduction in sales tax, beginning October 1st. The second amendment was an internet sales tax amendment that requires out-of-state vendors to pay sales tax. Online sales tax is expected to generate about $21 million annually. The Senate voted 24-16 to concur with House amendments(I voted in favor of this bill. I did not like the internet sales tax piece that the House put on this bill, and the fact we were not given a chance to remove it).
We had constituents from Spring River Mental Health and Wellness, as well as from Fort Scott Mental Health at the Capitol promoting mental health awareness in Kansas.
 NEXT WEEK
Monday –
·      Hearing on: SB 175, enacting the public employee right to choose act, providing public employees with the right of relief from the obligation to pay union dues through withholding of their wages – [Senate Commerce Committee; March 18 at 8:30 am]
·      Confirmation hearing on: Julie L. Lorenz, Secretary, Department of Transportation – [Senate Transportation Committee; March 18 at 8:30 am]
·      Hearing on: HB 2279, requiring law enforcement officers to provide information about timing of release from custody when an arrest is made following a domestic violence call – [Senate Judiciary Committee; March 18 at 10:30 am]
·      Hearing on: SB 211, requiring the attorney general to appoint a Kansas youth suicide prevention coordinator – [Senate Education Committee; March 18 at 1:30 pm]
Tuesday –
·      Hearing on: HB 2103, amending the revised Kansas code for care of children to provide requirements for placement of a child in a qualified residential treatment program – [Senate Public Health and Welfare Committee; March 19 at 9:30 am]
·      Hearing on: SB 220, licensure of professional occupations allowing certain persons with criminal or civil records that would otherwise disqualify such persons from licensure to receive a license; add state board of education to exempt agencies – [Senate Federal and State Affairs Committee; March 19 at 10:30 am]
·      Hearing on: SB 126, exemption from income tax for certain public utilities – [Senate Utilities Committee; March 19 at 1:30 pm]
Wednesday –
·      Confirmation hearing on: David Toland as Secretary of Kansas Department of Commerce – [Senate Commerce Committee; March 20 at 8:30 am]
·      Hearing on: SB 221, allowing clubs and drinking establishments to sell beer and cereal malt beverages for consumption off the licensed premises – [Senate Federal and State Affairs Committee; March 20 at 10:30 am]
·      Hearing on: HB 2038, revoking spousal inheritance rights upon divorce – [Senate Judiciary Committee; March 20 at 10:30 am]
Thursday –
·      Hearing on: HB 2211, allowing judges to waive or reduce driver’s license reinstatement fees – [Senate Judiciary Committee; March 21 at 10:30 am]
Thank You for Engaging
Thank you for all your calls, emails, and letters regarding your thoughts and concerns about happenings in Kansas. Constituent correspondence helps inform my decision-making process and is taken into great consideration when I cast my vote in the Kansas Senate. I hope you’ll continue to engage with me on the issues that matter most to you, your family, and our community. If you are on Twitter or Facebook, I encourage you to follow along with the #ksleg hashtag for real-time updates on legislative happenings in Topeka.
Please know that I am fully committed to addressing the current issues in our state, and I am proud to be your voice in the Kansas Senate.
K-State Extension

Bermuda Grass can be an alternative pasture grass to fescue

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Chris Petty, K-State Livestock Production and Forage Management, [email protected].

Bermuda Grass, also known as Bermudagrass (one word), a type of pasture grass common in Oklahoma and Arkansas, is becoming popular in in southeast Kansas.

Our climate and rainfall are suitable to some of the hardier varieties.

Additionally, Bermuda grass does not have the endophyte responsible for negative performance in beef cattle that is commonly found in our more widespread fescue varieties.

While this doesn’t make Bermuda grass a cure all pasture grass replacement, it does provide southeast Kansas farmers and ranchers with another option.

If you would like to learn more about the pros and cons of Bermuda grass, you are invited by the K-State Research and Extension – Southwind District to attend an informational program entitled Bermuda Grass Basics, on Tuesday April 2, 2019 beginning at 6:00 p.m. at the Galesburg Christion Church.

The church is located at 205 Chestnut St, Galesburg, KS.

A ten dollar fee, payable at the door will cover the cost of meals and materials.

The speakers for this program include Dale Helwig, Cherokee County Extension Director, and Keith Martin, former Wildcat Extension District Agriculture Agent. Both Helwig and Martin are knowledgeable in Bermudagrass production and use.

The specific topics of discussion will include Bermuda Grass establishment, fertility, and haying

. For more information or to register to attend this meeting, please call the Southwind Extension District –Fort Scott office at 620-223-3720 or e-mail District Extension agent for Livestock Production and Forage Management Christopher Petty, M.S. at [email protected].

Fort Scott, Government

Fort Scott Commission Minutes of March 5

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CITY OF FORT SCOTT

CITY COMMISSION MEETING

Minutes of March 5, 2019 Regular Meeting #4

The regular meeting of the Fort Scott City Commission was held March 5th, 2019 at 6:00 p.m. in the City Commission Room, 123 S. Main, Fort Scott, Kansas.

ROLL CALL:

Commissioners Adamson and Bartelsmeyer were present with Mayor Parker presiding. Commissioners Mitchell and Nichols were absent.

INVOCATION: Pastor Paul Martin, Community Christian Church, said a prayer asking God for guidance for the City, our Government and City officials.

AUDIENCE IN ATTENDANCE: Travis Shelton, Rhonda Dunn, Darrell Parker, Michael Mix, Paul Ballou, Robert Uhler, Dave Bruner, Chad Brown, Rachel Pruitt, Nick Ruhl, Bill Lemke, Michael Hoyt, Paul Martin, Sherry Beerbower, Travis Parker, Alex Swank, Chilia Swank, Brian L. Allen, Billy Keith, Max Fanning, Jeff Fischer, Jason Gorman, Dale Bollinger, Kevin Allen, Stewart Gulagher, Pat Wood, Clayton Miller, and representing the press, Jason Silvers with the Fort Scott Tribune.

PROCLAMATIONS/RECOGNITIONS: None

APPROVAL OF MINUTES AND APPROPRIATIONS/CONSENT AGENDA:

  1. Approval of minutes of the regular meeting of February 19th, 2019.

  1. Approval of Appropriation Ordinance 1233-A totaling $286,874.02.

Adamson moved the Consent Agenda. Bartelsmeyer seconded. All voted aye.

APPROVED CONSENT AGENDA.

APPEARANCE/COMMENTS/PUBLIC HEARING:

  1. APPEARANCE: None

B. CITIZEN COMMENTS (Concerning Items Not on Agenda – 3 minute

limit per citizen) – None

  1. PUBLIC HEARINGS:

Parker moved to open the Public Hearing at 6:15 p.m. Bartelsmeyer seconded. All voted aye.

OPENED PUBLIC HEARING AT 6:15 P.M.

6:15 p.m. Resolution 5-2019 directing the repair or removal of an alleged unsafe and dangerous structure located at 1612 E. Oak Street – Rhonda Dunn, Codes Director, informed the Commission that this house is owned by the Beerbower family and Sherry is here along with her contractor. Rhonda said has given them a list of items that need repaired on this rental house that they own. They need to replace the floors inside, the electrical, drywall, the kitchen, the plumbing and the roof. Some of these items have been repaired. She asked for 30 days to either repair or remove this structure.

Travis Parker, contractor for Sherry Beerbower, said that the weather has prohibited him from working on the roof, but he thinks 30 days is reasonable.

Adamson moved to give the property owner 30 days to either repair or replace this structure. Bartelsmeyer seconded. All voted aye.

APPROVED RESOLUTION NO. 5-2019 DIRECTING THE REPAIR OR REMOVAL OF AN UNSAFE AND DANGEROUS STRUCTURE LOCATED AT 1612 E. OAK. STRUCTURE MUST BE BROUGHT UP TO 2012 INTERNATIONAL BUILDING CODE BY APRIL 12TH, 2019 OR DEMOLITION PROCEEDINGS WILL BEGIN.

Parker moved to close the Public Hearing at 6:17 p.m. Adamson seconded. All voted aye.

CLOSED PUBLIC HEARING AT 6:17 P.M.

CONSIDERATION:

  1. Consideration of Resolution No. 6-2019 of the governing body of the City of Fort Scott determining the advisability of issuing Taxable Industrial Revenue Bonds for the purpose of financing the acquisition, reconstruction, remodeling, furnishing and equipment of a commercial facility located in said city and authorizing execution of related documents – Rachel Pruitt informed the Commission that this resolution is for a taxable Industrial Revenue Bond for the development of the building at Wall and National belonging to Jennifer LaRoche. This is just a pass through IRB and there is no financing involved. All the debt is with the LLC company. This IRB allows the development to take advantage of construction materials without paying sales tax. This is a $3,000,000 development.

City Attorney said that there is no exposure to the City. This just helps the developer with sales tax assistance.

Bartelsmeyer moved to approve Resolution No. 6-2019. Adamson seconded. All voted aye.

APPROVED RESOLUTION 6-2019 OF THE governing body of the City of Fort Scott determining the advisability of issuing Taxable Industrial Revenue Bonds for the purpose of financing the acquisition, reconstruction, remodeling, furnishing and equipment of a commercial facility located in said city and authorizing execution of related documents – JENNI FROM THE BLOCK – WALL AND NATIONAL PROPERTY.

  1. Consideration of Ground Lease Bids for land at Wastewater Treatment Plant – Michael Mix, Water Utilities Director, informed the Commission that bids were taken for the lease of approximately 101 acres surrounding the Wastewater Treatment Plant. There were four bids received with the high bid from Phil and Joe Wimmer in the amount of $15,500. Approval was recommended.

Parker moved to approve the high bid from Phil & Joe Wimmer in the amount of $15,500 to farm the 101 acres at the Wastewater Treatment Plant. Bartelsmeyer seconded. All voted aye.

APPROVED THE HIGH BID FROM PHIL & JOE WIMMER IN THE AMOUNT OF $15,500.00 TO FARM THE 101 ACRES SURROUNDING THE WASTEWATER TREATMENT PLANT.

  1. Consideration of quote for raw water testing for cryptosporidium – Michael Mix, Water Utilities Director, informed the Commission that EPA has mandated extra testing for cryptosporidium to assist with their regulations in the future. This is a non-funded mandate. There are only four laboratories that provide this service. He received quotes from three of the four laboratories and asked approval from the low quote of $11,680.00 from Analytical Services, Inc. of Williston, Vermont. This is budgeted.

Bartelsmeyer moved to approve the low quote from Analytical Services, Inc. in the amount of $11,680.00. Adamson seconded. All voted aye.

APPROVED LOW QUOTE FROM ANALYTICAL SERVICES, INC. OF WILLISTON, VERMONT IN THE AMOUNT OF $11,680.00 FOR CRYPTOSPORIDIUM TESTING.

  1. Consideration of Bids for Leak Noise Correlator – Bill Lemke, Water Distribution Supervisor, informed the Commission that after their approval, bids were taken to purchase a leak noise correlator. This piece of equipment will be used to determine water leaks. There were eight bids received. The two low bids did not meet specifications. He asked approval for the next low bid from Subsurface Instruments from DePere, Illinois in the amount of $22,100. This is a budgeted item.

Adamson moved to approve the bid from Subsurface Instruments in the amount of $22,100. Parker seconded. All voted aye.

APPROVED BID FROM SUBSURFACE INSTRUMENTS OF DEPERE, ILLINOIS IN THE AMOUNT OF $22,100 FOR THE PURCHASE OF A LEAK NOISE CORRELATOR.

COMMISSION/STAFF:

  1. Director Updates:

Health Care Update – Dave Martin, City Manager, informed the Commission that the City is very fortunate that VIA Christi and CHC both stepped in to provide health care in our community. He has heard good things about both health care providers since they have started providing services.

EMS Update – Dave Bruner, Deputy Fire Chief, informed the Commission that in February there were 166 calls for service with 107 transfers. This included the down time with no emergency room services. EMS is back to doing long distance transfers. The new transit ambulance vehicles are being detailed and will arrive this week. They are renovating the ambulance building and have assistance from some of the inmates. Last week, Bourbon County EMS had their State inspection and all went well. This inspection is good until April 2020.

Waggoner Engineering – Robert Uhler, Community Development Director, informed the Commission that in October of 2018, Waggoner Engineering partnered with Bedco to develop the Strategic Implementation Plan. The actual project started in December of 2018 with a review of all City planning documents, an in person visit and a working session with each director. In January and February of 2019, the preparation of the written strategic implementation plan began. Next week, Rachel Pruitt, Larry Gazaway, and himself will be going to Washington, D.C. to visit with federal legislators regarding Fort Scott.

Fire Truck Purchase – Rhonda Dunn, Director of Finance, informed the Commission on the debt of the City and gave them each a sheet showing the General Obligation Debt and the time frame for each debt.

Pool/Buck Run ½ cent Sales Tax – Rhonda gave the Commission a break down on the ½ cent sales tax that was approved back in 2011 for the renovation of the aquatic center and Buck Run. The original debt was $3,900,000. The remaining debt is $1,305,000 and this will be paid off in October of 2021. The 10 year project shows tax revenue of $6,871,637; debt total $4,277,708; operating cost $2,318,333; and surplus from project $275,596.

Sales Tax Update – Rhonda shared a break down on sales from 2015 to 2019. The annual sales tax collection has increased more than 7% since 2015. The economy and sales are good which has helped keep the mill levy down over the years.

Commissioner Bartelsmeyer said this shows how important it is to buy locally.

EMS Budget – Rhonda said that a public hearing will be held at the March 19th, 2019 meeting to establish the EMS budget. The notice will be published in tomorrow’s paper.

Flag at Skubitz Plaza – Rhonda said that US Cellular had approached the City about putting a cell tower up in the downtown area and they would like to install these though a flag pole. There has been some opposition about the location in Skubitz Plaza. A new location is being determined at this time and it will not be put up in Skubitz Plaza.

  1. City Commission:

Bartelsmeyer – Thanked the audience for attending the meeting tonight.

Adamson – Thanked Diane and the girls in the water office for their assistance when she calls them.

Nichols – Not present.

Mitchell – Not present.

Parker – Thanked the audience also for attending.

C. City Attorney: Bob Farmer read from a prepared letter he gave to the City Commission: “It has been a pleasure and a privilege serving as the Fort Scott City Attorney. It is one of the most rewarding positions of my life. It is with a heavy heart that I am writing this letter to notify you that I am tendering a resignation to be effective March 30, 2019.” He said that he is not leaving his law firm and will still be around to answer questions.

  1. City Manager: Dave said that it has been a privilege to work with Bob Farmer all these years.

ADJOURNMENT: Bartelsmeyer moved to adjourn the meeting at 6:44 p.m. Adamson seconded. All voted aye.

ADJOURNED MEETING AT 6:44 P.M.

The next regularly scheduled meeting is to be held on March 19th, 2019 at 6:00 p.m.

RECORDED BY:

DIANE K. CLAY

CITY CLERK

Fort Scott, Government

Fort Scott City Commission Agenda for March 19

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AGENDA

FORT SCOTT CITY COMMISSION

FORT SCOTT CITY HALL

COMMISSION ROOM

123 SOUTH MAIN

MARCH 19, 2019

6:00

I. ROLL CALL:

ADAMSON BARTELSMEYER MITCHELL NICHOLS PARKER

II. FLAG SALUTE

III. INVOCATION: To be Announced

IV. PROCLAMATIONS/RECOGNITIONS: Triple AAA Award

V. CONSENT AGENDA:

  1. Approval of minutes of the regular meeting of March 5th, 2019.

  1. Approval of Appropriation Ordinance 1234-A totaling $340,436.350.

VI. APPEARANCE/COMMENTS/PUBLIC HEARING:

  1. APPEARANCE: Bert Lewis – 2019 Prom – Street Closing and Parking Lot Request- April 13, 2019

B. CITIZEN COMMENTS (Concerning Items Not on Agenda – 3 minute limit per citizen)

C. PUBLIC HEARINGS/COMMENTS:

6:00 p.m. Budget Amendment Public Hearing

VII. CONSIDERATION:

  1. Consideration of Conditional Use Permit to allow residential living on the 1st floor at the property at 18-20-22 South Main Street

  1. Consideration of Engineering Firm to conduct energy audit

  1. Request of installation of street light at 1st & Goodlander

  1. Consideration of amendment of Cereal Malt Beverage Ordinance to change from 3.2 to 6.0

VIII. COMMENTS:

  1. Director Updates:

Health Care Update – Dave Martin

EMS Update – Dave Bruner

Legislative Report – Robert Uhler

Fire Truck/Finance Discussion – Rhonda and Rachel

  1. Commission:
  1. City Attorney:
  1. City Manager:

EXECUTIVE SESSION:

I MOVE THAT THE CITY COMMISSION RECESS INTO EXECUTIVE

SESSION FOR ________________________________ IN ORDER TO

(see below justification)

DISCUSS ______________________________________. THE

EXECUTIVE SESSION WILL BE ___________ MINUTES AND THE OPEN

MEETING TO RESUME AT ________________.

Justifications for Executive Sessions:

  • Personnel matters of non-elected personnel

  • Consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship

  • Matters relating to employer-employee negotiations whether or not in consultation with the representative or representatives of the body or agency

  • Confidential data relating to financial affairs or trade secrets of corporations, partnerships, trusts and individual proprietorships

  • Preliminary discussions relating to the acquisition of real property

IX. MOTION FOR ADJOURNMENT: ROLL CALL

Obituary

Obituary of Louise Woodworth Crist Prell

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Louise Woodworth Crist Prell, beloved mother, grandmother, and great-grandmother, passed away peacefully early Wednesday, December 19, 2018, at St. Joseph Hospital in Orange, CA.
She was born December 22, 1933, in Evanston, IL, to C. Francis Crist and Alice Woodworth Crist.
Louise graduated from Northwestern University in 1956 with a bachelor’s degree in speech. She taught second grade in Itasca, IL, and married George Alan Prell on July 2, 1958. They moved to Phoenix, AZ in 1960, and had their first three children: Wendy Prell Danbury, Taylor Woodworth Prell, and Christopher Alan Prell; they moved to Tustin, CA, where they had Marjorie (Maggie) Prell Wheeler. Louise and George found a home close to good schools and their chosen church, Trinity United Presbyterian.
Louise was active in family life, enriching her children’s lives through reading aloud, traveling, making art, singing, visiting museums and zoos, and helping with homework.
She and George took many summer road trips to the Midwest with all four children in the station wagon, singing songs, making peanut butter and jelly sandwiches, playing license plate games, enjoying the scenery, moo-ing at cows, and visiting relatives in Kansas, Missouri, Iowa, and Illinois.
She was an active church member, teaching Sunday School, directing musical productions, playing flute in the church orchestra, helping set up the Samaritan Care Center, volunteering time and household goods to the Refugee Resettlement Committee, and teaching English as a second language through the Laubach Literacy program.
She served as Treasurer for the Forest Home Women’s Auxiliary, and for many years she served as the head volunteer for Opera Pacific, organizing volunteers who raised money, provided transportation for opera stars, and increased awareness and appreciation of opera in Orange County, CA.
All who knew her remember her sweet, generous nature.

Louise is survived by her four children; grandchildren, Jordan, Leanna, Sean, James, Colin and Aidan; and great-grandson, Benjamin.

Family, friends, and others whose lives were touched by Louise are invited to a memorial service at West Liberty Methodist Church, Fulton, KS, on Saturday, March 30, at 11:00 AM, followed by a graveside ceremony at West Liberty Cemetery.

Louise’s ashes will be interred beside those of her beloved husband, George, who had spent many summers at the Taylor family farm across the road, near the final resting place of his parents, Callie Taylor Prell and Edward Prell, and of his aunt and uncle, Alma Taylor Benedict and Henry Benedict, who were longtime residents of the Fort Scott area.
A luncheon reception will follow immediately back at the church.
In lieu of flowers, please donate to World Vision International. Words of remembrance may be submitted to the online guest book at cheneywitt.com. Local arrangements are being handled by the Cheney Witt Chapel, 201 S. Main.
Obituary

Obituary of Grace Hyatt

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Grace P. Hyatt, September 3, 1928 – March 14, 2019. Grace Hyatt, of Emporia, Kansas, died at Newman Hospital in Emporia,Thursday.

Grace Pauline Hyatt went to be with her Lord and her husband in Heaven. Her cowboy went to Heaven twelve years ago on Friday. Grace Pauline Carmean was born near Des Moines, New Mexico. Her parents were Dorothy May Meier Hintergardt Carmean and Charles Pearson Carmean. She was named for Grace Longwell who helped with the delivery.

Very, very poor, the family was rich with love in the Land of Enchantment. Between 1928 and 1934, the family moved several times. Grace remembered crawling up on the bed to see her baby sister, Eva, in 1932 in Springer, New Mexico. Shortly afterward, the family moved by covered wagon to Miami, New Mexico. During the Great Depression, many poor families moved by wagons since they did not own vehicles. Grace began school in Miami, New Mexico. The family was back near Des Moines during the Dust Bowl. The Ken Burns documentary placed them at the epicenter of the many dust storms. Charlie “Shorty” had severe asthma but did not move to Kansas until the middle of World War II.

They settled on the old Perkins farm at Xenia, Kansas. Ernest Edward Hyatt of Folsom, New Mexico, and Grace Pauline Carmean of Xenia, Kansas were married at the Bourbon County Courthouse on March 21, 1946. Grace and Ernest were going to be different from everyone when they got married. They took a train from Ft. Scott to Kansas City, Missouri to be married. A three-day waiting period was in effect in Missouri, so they took a bus back to Ft. Scott. The bus had a flat tire in Louisburg and lost a lot of time, much to the annoyance of the passengers and soon to be newlyweds. The courthouse closed at 5 P.M. Grace and Ernest arrived at 4:55 P.M. just in time to be married by Probate Judge George Newell Bainum.

Grace’s earlier years were spent as a homemaker and mother. The Hyatt’s lived their entire married life in Allen and Bourbon Counties except for eight months. They lived and worked on the XT Ranch in Folsom, New Mexico in 1947 where Ernest was raised. The XT Ranch was just down the road from where Grace was raised.

Grace was a Baptist.

She died on Pi Day. She didn’t know about science but sure could bake pies. She was a good cook and also enjoyed crocheting, gardening, canning, music, her coffee, animals and flowers. She had many windmills, reminders of New Mexico. She had one regret; she never did visit Hawaii to get a grass skirt. She was a member of the Bronson Order of Eastern Star #65 and later the Olive Chapter #13 of Ft. Scott for over sixty years, the American Legion Auxiliary and the Kansas Woman’s Day Club.

She was preceded in death by sisters, Eva Brecheisen, Marjorie Schultz; half-sisters, Inez Carmean, Ola May Carmean, Goldie East, Amelia Wasmer and Helen Faucett and half-brothers, Frank Carmean, Chrest Hintegardt and Adolph Hindergardt.

Survivors are Randy and Betty Pierson, Clay and Randielle Houser and Calvin Houser, all of Emporia and many cousins, nieces, nephews and friends all over the world.

Visitation will begin at 1:00 P.M. Sunday, March 17th at the Cheney Witt Bronson Chapel, Eastern Star Services and funeral services will follow visitation.

Burial will follow in the Bronson Cemetery where Grace will be laid to rest beside her cowboy.

Memorials are suggested to the Xenia Masonic Lodge #47 AF & AM, the oldest lodge west of the Mississippi River which continues to do work in the original building in which it was chartered.

A Mr. Stevenson was the wagon master that brought the Carmean ancestors to Bourbon County from Ohio. The town was named Xenia (Z-Knee), Kansas after Xenia (Zinnia), Ohio. In the meantime, the editor of the Xenia News moved as a Free Stater to Lawrence, Kansas and on to what he founded as Emporia, Kansas. Preston Plumb had many connections to Emporia and both Xenias.

Services are under the direction of the Cheney Witt Bronson Chapel, 501 Pine Street, Bronson, Kansas. Words of remembrance may be submitted to the online guestbook at cheneywitt.com.

Business, Fort Scott, Fort Scott Chamber of Commerce

Tri Valley: Gardening Auction on March 30

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Some of the Tri-Valley staff: from left, Sue Schropp, receptionist; Grace Kramer, employment coordinator; Alene Jolly, director of day services and Barb McCord, horticulture therapist.

Tri-Valley Developmental Services is having its’ bi-annual Gardener’s Christmas Auction on Saturday, March 30 from 9:30 a.m. to noon.

It is a silent auction and plant sale which will feature annuals, garden tools, silk bouquets, and home and garden decor, TVDS Horticultural Therapist Barb McCord told the Chamber attendees Thursday morning.

Donations of gently used gardening items are sought by March 22 for the Compost Bin Market, which is part of the fundraiser.

The Gardeners Christmas Auction will benefit the Horticulture Therapy Program, which serves those with intellectual disabilities.

The Fort Scott Chamber of Commerce members take turns hosting a weekly coffee where they can tell about upcoming events.

During the March 14 coffee, Knights of Columbus Member Mark McCoy presented TVDS Executive Director Tim Cunningham with a check in the amount of $932. 67.

Cunningham told fortscott.biz the donation will be put in the foundation funds that supports TVDS and used “to build homes” for the clients, he said.

Cunningham noted that TVDS has been in Fort Scott since 1978 offering services to people with developmental disabilities.

There will be a golf tournament fundraiser on Sept. 14 at Woodland Hills Golf Course in Fort Scott, Cunningham said.

Tri-Valley Horticulture Therapist Barb McCord tells the Chamber coffee attendees of the upcoming Gardener’s Christmas Auction on March 30. For more information call McCord at 620-223-3990 ext. 434.
Tri-Valley Executive Director Tim Cunningham, left, receives a check from Knights of Columbus Member Mark McCoy at the weekly Chamber coffee. The check for $932 will be used towards building homes, Cunningham said. TVDS offers housing options for people with disabilities including community homes and apartments.
Tri-Valley Developmental Services, 4305 Campbell Dr., in Fort Scott’s Industrial Park.
Kansas

Kansas American Legion Day March 15

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Gov. Laura Kelly recognized the role that Kansas American Legion members play in supporting Kansas veterans by recently signing a proclamation designating March 15, 2019, as Kansas American Legion Day.

“We appreciate the Governor recognizing the significant contributions made by American Legion Posts as pillars in Kansas communities over the last 100 years,” Kansas Department Commander Dan Wiley said. “Kansas has a special place in the history of The American Legion. One of our favorite sons, Harry Colmery, Past National Commander from Topeka, was the author of the post-World War II G.I. Bill of Rights that lifted the standard of living for an entire generation. We look forward to another century of service positively impacting the lives of veterans and the communities in which they live.”

On March 15, 1919, The American Legion was founded in Paris, France by members of the American Expeditionary Force. Over the past 100 years, The Kansas American Legion has become a preeminent community-service organization in Kansas. It has more than 40,000 family members in over 500 Kansas American Legion posts, units, and squadrons. These Legion entities promote a variety of programs that support the goals of The American Legion.

Kansas Department Vice Commander Chuck Shoemaker has participated in three signings in the Governor’s Office proclaiming the state’s gratitude for American Legion activities.

Article from the Hutchison News, submitted by Carl Jowers.

Opinion

Cheating by Patty LaRoche

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Patty LaRoche

For over thirty years, Carol taught in a Catholic school. We were together last weekend in Florida where she shared stories of how she would catch her students cheating. One such experience could not have been scripted with more ingenuity. Carol explained that sometimes students were required to attend a mid-morning mass. Periodically, my friend served as a eucharistic minister. She assisted the priest by distributing the host into the hands of the communicants who would walk forward at communion time, place their hands together, palms up, so the servers—like Carol– could place the wafer into their hands.

On one such occasion, several of her 8th-grade students began squirming when they ended up in her line. As they held open their hands, Carol knew why: cheater notes were scribbled on their palms.

BUSTED, and of all places, in CHURCH!

Proverbs 11: 1-3 (TLB) reads as follows: The Lord hates cheating and delights in honesty. Proud men end in shame, but the meek become wise. A good man is guided by his honesty; the evil man is destroyed by his dishonesty.

Even though God “hates cheating,” according to a recent survey, only six percent of students say they never have cheated. That means that 94% have, yet who of us isn’t applauding ever so slightly that these frauds were caught ink-handed, as if that sort of mitigates our own deceitfulness.

The fact is, most of us—Christians included– cheat in one way or another. Perhaps it’s that little income tax thing. Or maybe our sales clerk fails to charge us for an item, and instead of returning it to pay what we owe, we chalk it up to “her fault” and celebrate our freebie. A few weeks ago, I was shopping and found an empty jewelry case in a pocket of a blouse. I returned it to the jewelry counter and was told that “this happens all the time.”

Someone always pays when we cheat. The honest student whose paper, graded on the curve, now suffers because the cheaters get the A’s. Our government bears a financial burden when we fail to pay what we owe. The buyer of our car is stilted when we neglect to reveal our vehicle’s shortcomings, and our employer loses when we take “just a couple of extra minutes” for each lunch break. In my late teens, I worked as a nurse’s aide at Mercy Hospital. Although most of the aides were dedicated, one always hid in the utility room whenever a bed pan was involved, leaving the rest of us to do her work. Not cool.

Cheating always costs someone something. Especially God.

As sinners, we cheat. We cheat God out of what He deserves, whether it be praise or money or time or love. We make mad dashes for temporal pleasures and feel-good possessions, but fail to ask if these things pull us away from God. We cough up a buck for a homeless person and pat ourselves on our backs or consider grace before meals ample, with no consideration for what swindlers we are.

Unlike those 8th graders, I’m not sure we even are concerned when we come before God, our hands open in prayer as our black sin-marks are revealed. Could it be that we’re so used to cheating that we fail to realize the price paid by God’s own son for those sins? And could it be that we have lost sight of the grace that covers our transgressions?

Maybe, just maybe, it’s time we squirm just a little.