CITY OF FORT SCOTT

CITY COMMISSION MEETING

Minutes are unapproved until the meeting.

Minutes of June 2, 2020 Regular Meeting #11

The regular meeting of the Fort Scott City Commission was held June 2^nd, 2020 at 6:00 p.m. in the City Commission Room, 123 S. Main, Fort Scott, Kansas.

ROLL CALL:

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

INVOCATION: There was no invocation given.

AUDIENCE IN ATTENDANCE: There was no audience in attendance other than a very few City staff.

EXECUTIVE SESSION:

Pete Allen moved to recess into Executive Session for 20 minutes to discuss consultation with an attorney for the body or agenda which would be deemed privileged in the attorney-client relationship regarding a legal matter. This session will include the City Manager and City Attorney and there is no action anticipated. Lindsey Watts seconded. All voted aye

RECESSED INTO EXECUTIVE SESSION AT 6:02 P.M.

JoLynne Mitchell moved to come out of Executive Session at 6:16 p.m. Lindsey Watts seconded. All voted aye.

ADJOURNED FROM EXECUTIVE SESSION AT 6:16 P.M.

Pete Allen said that he would like to go on record as being unable to vote yes on any spending matter until receiving the legal opinion from our City Attorney.

PROCLAMATIONS/RECOGNITIONS: None

APPROVAL OF MINUTES AND APPROPRIATIONS/CONSENT AGENDA:

1. Approval of minutes of the regular meeting of May 19^th, 2020 and special meeting minutes of May 22^nd, 2020 and amended minutes of May 5^th, 2020, and amended special meeting minutes of May 14^th, 2020.

2. Approval of Appropriation Ordinance 1264-A totaling $459,811.91.

3. Consideration of Fort Scott Housing Authority Appointment – Edna Erie – Resident Commissioner – 4 year term

Lindsey Watts moved to approve the Consent Agenda. Randy Nichols seconded.

Pete said that he would like the minutes of the May 19^th meeting to include a statement from him that he made. “While the discussion of the Capital Outlay Program was going on, I, Pete Allen, informed the Commission that he was having a hard time hearing the discussion due to a malfunction of his hearing device. Before the vote was confirmed, I asked for the issue to be reopened for discussion because I was unable to hear the discussion due to the disability and was unable to hear the previous discussion. After advice from our attorney, Kevin Allen, made a motion to reconsider the vote to allow more discussion and I seconded. Commissioner Allen’s both voted yes. Commissioner Nichols, Commissioner Watts, and Commissioner Mitchell voted no and the motion was denied 3 to 2. I feel that was a violation of, if nothing else, the American Disabilities Act. I don’t think that there was much consideration given to a reasonable request and I would like that entered into the minutes of that meeting.”

Lindsey Watts said that in reference to the email that Pete sent out, she would have repeated herself at that point during that meeting. She thinks she does speak loudly and uses her microphone. She apologized for that happening. She asked Pete to speak up if he can’t hear.

Jeff Deane, City Attorney, referred to the minutes on page 5 from the minutes of May 19^th, and he knows that in that meeting and in previous meetings, where Commissioner Pete Allen cannot hear. It looks like the vote was called by the City Clerk, called and seconded Nichols, Watts, and Mitchell voted yes, Kevin Allen abstained, and Pete Allen voted no. After the no vote, the issue of not hearing was raised. At that point, the vote was done at that point unfortunately. The only way to handle was a motion to reconsider and the Commission voted against it.

Kevin Allen said that we have all noticed that Pete has trouble hearing. This could have been avoided if we would have went back and let him listen again.

Mayor Mitchell asked what the next step was to take. She thinks it is important to say to Pete if he can’t hear to wave his hand or say something, because we don’t know that you can’t hear us.

Kevin Allen said that part of the problem has been solved now. He has a new headset and the cord runs down and plugs into a speaker. He called the next day to please get Pete something so he can hear so we don’t have to deal with this every meeting. The next day Susan got him a set of headphones. He asked everyone to talk into their mics and speak loudly. He said that Pete just had his 80th birthday on Saturday and wished him happy birthday. The reason his hearing is gone is not because of working with heavy equipment, but he was in the service for years and shot heavy artillery and lost his hearing. Please take that into consideration, but it’s okay to have discussion and vote accordingly.

JoLynne said that there is not one person here that would deny him the respect and the thankfulness of his service to our country. She told Pete to raise his hand if he can’t hear.

Pete said that he informed you that he couldn’t hear. He would like to move on and have this entered into the minutes.

Kevin Allen said that he looked in the minutes for the discussion on selecting a local auctioneer on the sale of City property and a City employee about a local auctioneer and hand slapping. The local auctioneer watched the meeting and he thinks this should be in the minutes.

City Clerk told him she does not take minutes verbatim. She tries to summarize the comments.

Kevin said that he thought it should be in there.

City Manager said that his term of hand slapping was a wrong term and he shouldn’t have used that. The Commission made a decision to go with the out of town auctioneer and the other local auctioneer asked us to look at it once again. He should have handled it differently. We didn’t bring it back to the Commission. He made the decision to award it to the local auctioneer. He will call and talk to Lance Anderson.

Kevin said that the local auctioneer was very offended by this and he wanted to apologize for that. When the bids came in their numbers were 15% for Lance Anderson and 14% for Marty Read. Lance Anderson said that the City could do their own advertising and Mary Read was going to charge $1,500 for advertising.

City Manager said that we were wrong, and Lance was very professional when he talked to him. He will call him tomorrow.

R. Nichols, L. Watts, J. Mitchell voted yes. K. Allen and P. Allen voted no. Motion carried 3-2.

APPROVED CONSENT AGENDA.

APPEARANCE/COMMENTS/PUBLIC HEARING:

1. APPEARANCE:

2. CITIZEN COMMENTS (Concerning Items Not on Agenda – 5 minute

limit per citizen) – Comments will not be taken during this meeting. If you have a topic to discuss not listed on the agenda, please contact a City Commissioner or send a written request to [email protected].

3. PUBLIC HEARINGS:

Lindsey Watts moved to open the Public Hearing at 6:34 p.m. Randy Nichols seconded. All voted aye.

OPENED PUBLIC HEARING AT 6:34 P.M.

6:15 p.m. Resolution Directing the Repair or Removal of an Unsafe and Dangerous Structure located at 10 N. National Avenue –

City Manager said that he wanted to visit with Scott Johnson, owner of this property and not condemn this building tonight. It does need some attention.

Scott Johnson, property owner, called into the meeting.

City Manager gave him his cell number and told him to call him on Wednesday.

Lindsey Watts moved to close the public hearing at 6:39 p.m. Randy Nichols seconded. All voted aye.

CLOSED PUBLIC HEARING AT 6:39 P.M.

CONSIDERATION:

1. Finance Update – Susan Bancroft, Director of Finance, informed the Commission that she wished to give the Commission a financial update as of May 31^st, 2020. Susan said that General Fund revenue is down $61,000. The Wastewater Utility revenues are up $186,600 and expenditures are down $174,000. The Storm Water Utility revenues are up $1,600 and the expenditures are down $15,400. The Water Utility revenues are up $39,800 and the expenditures are down $133,500. The CVB (Tourism) revenues are down $21,500, and the expenses are down $34,500. The Special Streets revenue is up $4,000 and the expenses are up $5,700. Transfers scheduled to Capital Improvement Fund are as follows: Transfer from General Fund $400,000; Transfer from Water Utility Fund $750,000; Transfer from Wastewater Utility Fund $450,000; and Transfer from Stormwater Utility Fund $800,000 totaling $2,400,000. The 2020 projects estimated costs are as follows: Streets $566,560; Water $210,000; and Sewer $410,315 totaling $1,186,875. This will result in reserves in CIP Fund of $1,213,125. She recommending holding this reserve for unforeseen shortfalls and as the match for Horton Street if the KDOT Cost Share Grant application is awarded.

2. Discussion of Pool Opening – Susan Bancraft, Director of Finance, informed the Commission that extra staff will be needed in the event they decide to open the pool this summer. It will be for extra cleaning and making sure we are following the proper guidelines set forth. It will be an additional $30,000 total. It is hard to predict what numbers will be and the shortfall may not be as drastic what we think. Chasity Ware, Pool Manager, is here to address the Commission also.

Chasity introduced herself to the Commission. She said that she is a Food and Consumer Science teacher at Jayhawk Linn High School during the school year and this is her 9^th summer as being the manager of the aquatic center in Fort Scott. She worked at the Mound City pool for seven years previously. After her last Zoom meeting with the Kansas Recreation and Parks Association and talking with the director at the Hutchinson pool, she definitely wants to open the pool this summer. Signs will be posted reminding patrons of social distancing. She explained the verbiage of mass gathering that the Governor has used. She thought it meant 45 people in one location, which is not true. That means that we can have patrons at the pool, and a group of 45 comes in and one person comes in less than 6’ away, then there is a violation. Governor Kelly said that the 6’ social distancing doesn’t apply at the pool. Red Cross said that no lifeguards should wear masks, as that would be a hazard. They will have some sanitation stations with hand sanitizer within the facility. No lounge chairs will be put out. People can bring their own or use the concrete with their towels. There will be no breaks at 3:00 and 5:00 p.m. to keep kids from congregating. Outside pools need 36 square foot per person, so our number may need to be smaller in the first couple of weeks. After June 22^nd, we can move forward with the normal routine of pool. The pool is an option and it is not a requirement to come. She recommends no passes being sold this year and just a daily rate sold. No flotation devices will be allowed. Rules and regulations will be expected to be followed.

Discussion was held regarding the group number of 45.

Chasity said after June 22^nd there is no limit and the phases lift according to the Governor. She would recommend 250 to a maximum of 300 individuals to start with even though the capacity is 400 individuals.

R. Nichols asked if there were any concerns with the water or the slides or diving boards and any contamination.

Chasity said that the water has chlorine in it that kills the disease.

K. Allen said that he has spoken to the City Manager and the Mayor in Nevada and several individuals in Pittsburg who have both told him that they hope we open our pool since they aren’t. He don’t think that we will lose $30,000 in revenue. The golf course loses money every year. Opening the pool will help keep kids off the street and they will come. We will also get sales tax dollars.

City Manager said that he thinks other cities closed their pools too early.

Chasity said that she thinks other pools closed prematurely. She has a great staff and is looking forward to opening.

Kevin Allen made a motion to open the pool on June 22^nd, 2020 with the stipulation to be cautious the first couple of weeks and stay below 400. Lindsey Watts seconded. All voted aye.

P. Allen asked why were we waiting three weeks?

Chasity said that there is a lot to get done before the pool can open. It takes a good three weeks to get the pool open and going and make sure the pumps are working correctly.

Mayor Mitchell thanked Chasity, Susan, and Dave Bruner for the work they have put into this.

K. Allen, P. Allen, R. Nichols, L. Watts, and J. Mitchell voted aye. Motion carried.

Approved to open the pool on June 22^nd, 2020 with the stipulation to be cautious the first couple of weeks and stay below 400.

Dave Bruner, Fire Chief, informed the Commission that a few weeks ago the State announced a Federal Coronavirus Emergency Supplement Grant Program in the amount of $5.9 million. This will provide funding for prevention, preparation, and response to the coronavirus. There is not a match requirement. He wanted to focus on cleaning supplies. There are all different types. He found a SAO System (Stabilized Aqueous Ozone System) which takes O2 oxygen and adds another molecule and makes O3. The City applied and was awarded a grant in the amount of $12,201. This will be used to put a disinfectant system in Fire Station 1, Fire Station 2, and the EMS building. It can also be utilized at the pool and Buck Run. If they have a gallon bottle or a spray jug, they can fill it up, and after 24 hours it turns back to water.

3. Consideration of sale of City property – Dave Martin, City Manager, informed the Commission that the City can either use the sealed bid process or he talked to Justin Meeks and he said he would be happy to sell this property on the Courthouse steps on a Saturday morning. Sealed bids would have to be advertised for 30 days.

Kevin Allen asked if we would be selling more property in the future. He said that there is a lot of property the City owns. This is a great start. He stated that we didn’t go out for bid for an appraiser. He thinks we need to support our local business and advertise for an auctioneer. He doesn’t think we should take sealed bids.

City Manager said that you can either use Justin Meeks, go out for sealed bids, or bid out an auctioneer.

K. Allen thinks that a live auction will bring in more money than sealed bids. He suggested letting Dave go out for bids for an auctioneer and see what those charges are.

R. Nichols moved to go out for bids for an auctioneer, and approve to have an auction, and dispose of the property. Lindsey Watts seconded. All voted aye.

Approved to go out for bids for an auctioneer, and approve to have an auction, and dispose of the property.

4. Consideration of Bids for Curb and Gutter Work – 500 block Andrick – Chad Brown, Public Works Director, informed the Commission that bids were taken for the curb and gutter in the 500 block of Andrick Street. This includes 400 linear feet of Standard Concrete Curb and Gutter, 100 linear feet of Spill Type concrete Curb and Gutter, 2 ADA Compliant Handicap Ramps, 2 Standard Concrete Driveway Entrances, 1 Standard Four foot cross Gutter, and 48 standard feet of driveway apron. There were two bids received: Rogers & Sons of Fort Scott in the amount of $23,680.00; and Buildet, LLC of Nevada, Missouri in the amount of $23,956.00. He asked for approval of the low bid from Rogers & Sons Concrete. Chad said that we waived the performance bond as no one could secure a bond for a project this small.

Susan Bancroft said that in lieu of the performance bond she asked for a cashier check in the amount of 5% of their bid. The City will hold this cashier’s check until the project is completed.

City Attorney said that this project can be approved with the acceptance of the cashier’s check in lieu of the performance bond.

J. Mitchell moved to accept the low bid from Rogers & Sons in the amount of $23,680.00. K. Allen seconded. K. Allen, R. Nichols, L. Watts, and J. Mitchell voted aye. Pete Allen voted no. Motion carried 4-1.

approved to accept the low bid from Rogers & Sons in the amount of $23,680.00 for the curb and gutter project in the 500 block of andrick street.

5. Consideration of Lake Advisory Board Member selection – Diane Clay, City Clerk, informed the Commission that letters of interest were received for the one open position on the Lake Advisory Board. This position is an at large position and will replace Marci Myers who resigned from this board. There were four (4) letters of interest received: Josh Jones, Michael Hoyt, Debra McCoy, and Judy Warren. Approval to appoint one individual was requested.

K. Allen moved to appoint Debra McCoy to the Lake Advisory Board. L. Watts seconded. All voted aye.

APPROVED TO APPOINT DEBRA MCCOY TO THE LAKE ADVISORY BOARD – THIS IS THE AT LARGE POSITION.

6. Consideration of Interlocal Agreement with Bourbon County – Susan Bancroft, Director of Finance, informed the Commission that this agreement will enable us to work with Bourbon County. The Bourbon County Commission approved this Interlocal Agreement at their meeting this morning. The City agrees to provide EMS services to the County and in consideration for those services, the County agrees to provide asphalt, rock, brine and storage to the City in equal value to the services received. The parties agree that the value of the EMS services provided by the City can be exchanged for the service and products that the County will provide to the City for a value of up to $400,000 for the following prices and duties:

County will install asphalt in the City at $80.00 per ton.

County will provide asphalt to the City for $68.00 per ton.

County will provide rock to the City at the gate for $4.00 per ton.

County will deliver rock to the City for $10.00 per ton.

County will lay brine in the City at $95.00 per hour.

County agrees to allow the City to store any excess salt in their inventory, up to the storage capacity of 300 tons.

This contract will begin on June 2020 and continue until either party provides written notice to the other party, at least thirty (30) days in advance for possible renegotiation or contract termination. Reconciliation of payment will be completed monthly, or at the very least, quarterly and always before the close of the fiscal year between Bourbon County Public Works and the City of Fort Scott’s Finance Director.

K. Allen said that this is a great opportunity for both entities.

J. Mitchell moved to approve the Interlocal Agreement between Bourbon County and the City of Fort Scott. R. Nichols seconded. All voted aye.

APPROVED INTERLOCAL AGREEMENT BETWEEN BOURBON COUNTY AND THE CITY OF FORT SCOTT EFFECTIVE JUNE 1, 2020.

7. Consideration of Code of Ethics for the City of Fort Scott – Jeff Deane, City Attorney, informed the Commission that at the request of several Commissioners, he has prepared a Code of Ethics for the City of Fort Scott and a Code of Procedures for the City of Fort Scott City Commission. He said he will talk about this tonight but no action will be taken. The Code of Ethics will address the following topics: 1) Introduction. 2) Commissioner’s Conduct with One Another: Specific Responsibilities of Commissioners, Specific Responsibility of Commissioners during Meetings, Meeting Agendas, Procedure of Commission Meetings; 3) Commissioner’s Conduct with the Public, 4) Commissioner’s Conduct with Other Boards and Commissions, Pursuit of Concerns Regarding Board or Commission Members, Procedures to be Followed by Board and Commission Members; Penalties for Failure to Comply; Respect for Diverse Opinions, Separation of Political Support from Public Forums, 5) Commissioner’s Conduct with the City Manager and Subordinate Staff Members, General Rule Against Board Interference with City Staff and Employees, Communication with City Staff Members regarding Concerns, Specific Principles of Cooperation and Respect, 6) City Staff Member Conduct with the Commission.

Discussion was held regarding when agendas were given to the Commission to review. City Manager said that there is a problem regarding finances. Susan said that payments to vendors are delayed. The agenda could go out on Wednesday and the financials added to the packet on Friday.

Lindsey said that she would like to have extra time to review the agenda packet.

Jeff said that this is just the first draft of this Code of Procedures.

City Manager encouraged the Commissioners to let him know of any issues or problems you have before the meeting.

Lindsey said that she has had a lot of comments from the public that our meetings are not being held professionally.

Randy said that he wanted to confirm that it was okay with the Clerk to get the agenda out earlier. His second issue is on the Code of Ethics and he had a question. Is social media use covered under the Code of Ethics? What are the consequences if this is violated?

K. Allen asked if this would be followed by City employees also on their social media accounts.

Jeff said that in terms of social media posts there is free speech. He can’t tell you what or what you can post on your social media site. He can advise you that you have the right to say something but live with the consequences. This policy would not be retroactive but would be effective on the date of passage. You could not go back and look at something someone posted in the past. City employees are included in this policy. This would include everyone that works in or for or serves the City of Fort Scott.

City Manager said that he wanted to clarify that on an employee or a Commissioner’s personal social media page, if they state that this is not representing the City of Fort Scott and make that clear. He wanted to clarify that you can’t terminate an employee for this.

Discussion was held regarding different scenarios between City employees and City Commissioners. Discussion was held regarding personal facebook pages and a Commissioner facebook page.

Jeff said that they need to separate those two facebook pages.

Jeff also reminded them of when replying to emails that other Commissioners have been sent also not to do reply all as that is a KOMA violation.

8. Consideration of Code of Procedures for the City of Fort Scott City Commission – Jeff Deane, City Attorney, informed the Commission that the Code of Procedures is just for the Commission to review this evening but not take action. This Code of Procedures addresses the following: Role of the Chair, Agenda, Establishing a Quorum, Motions in General, Basic Motions, Working Agenda Items, Special Character of Ordinances, Multiple Motions Before the Body, To Debate or Not Debate, Majority and Super Majority Votes, Counting Votes, and Courtesy and Decorum.

COMMISSION/STAFF:

1. Director Updates:

Chad Brown – Chad gave an update on the 500 block of Andrick Street. He said that he is happy to announce that the waterline was completed by June 1^st. That waterline is in service and active now. They began on May 11^th. Chad gave a breakdown of dates and the progress for each of those dates. Chad said he was proud of his two crews and all they did.

With the approval of the bid and the approval of the Interlocal Agreement with the County, they hope to have that road ready for the contractor to come in, and then the County can come in and overlay it.

Pete asked if the completion date of July 1^st is still possible.

Chad said yes. He is ready for this project to be done as well as the residents.

K. Allen asked Chad to take pictures of this project so he can share with his updates.

Chad said that the total amount of rock on this project amounted to $3,673.46. With the new agreement with the County, that number can be cut in half. The County will make, haul, and lay the asphalt there.

B. City Commission:

Kevin Allen – Vacancy in Office of City Commissioner – Kevin asked Jeff Deane to read this ordinance again. He said that he asked Susan to have this placed on the agenda again.

Kevin Allen made a motion to approve this Ordinance regarding the vacancy in office of City Commissioner.

Randy said that earlier this was talked about. This ordinance has been defeated 3-2. You want to tell your people you are doing this.

Jeff said that this ordinance has not changed from the motion that was defeated and what you are asking for is a motion to consider the previous vote. The new code of procedures is not in place yet, but that would cover it.

Discussion was held regarding if it was a regular ordinance versus a charter ordinance and Jeff explained this to the Commission.

The motion died for lack of a second.

• Kevin showed pictures from his phone on the screen. He showed pictures of the vehicle that was purchased from Purple Wave for the Water Treatment Plant. This truck was purchased online for $7,250 and was located in Moscow Mills, Missouri. It is a 2013 Chevrolet pickup with 136,000 miles on it. The remainder of the fire proceeds will go to the Water Treatment Plant fund. Some time ago that department was looking to spend around $24,000 for a truck so this saved quite a bit of money.

Pete said that we could use this same way to purchase large equipment.

• Kevin showed pictures of 3^rd and Judson and the bad condition of the street. There are bricks laying in the street.

• 1^st and Crawford – This is getting ready to be repaired but the concrete should be square cut.

• City Hall culvert issue – Kevin asked if this has been fixed.

City Manager said he will talk to Chad about it.

• Wall Street – Asked if pothole patcher had been on Wall Street yet.

City Manager said it is on the list.

• Asked when our meetings would be open to the public. Should we schedule at another location?

City Manager said that our biggest issue is the internet so we can you tube our meetings live.

Susan recommended possibly Buck Run.

Randy mentioned that we will be opened completely on June 22^nd.

• Prisoners working for the City and where we are with that.

City Manager said that they were waiting after the COVID crisis. He will get a meeting set up.

Pete Allen – Pete asked when the Street Advisory Board was going to meet.

Susan said that they are meeting on June 9^th at 3:00 p.m. It will be broadcast on the City’s you tube channel.

He asked the City Clerk to add to the minutes an email he sent to her about reasonable accommodations.

“Dear Fellow Commissioners:

As provided by Federal law in the Americans with Disabilities Act (as amended), persons like myself who have a disability shall make a reasonable request to accommodate my disability. Though I am not required to speak of my private medical information, it has bene obvious I suffer from a significant hearing loss, and tinnitus, connected with my military service. I have been in the process with the Veteran’s Affairs to be tested and receive new hearing aids, but this process has been slowed by the COVID-19 situation.

Since the City does not appear to have a formal ADA 401 Coordinator, I am submitting my requests to the Commission for consideration:

1. To allow my current hearing assist device to have a direct wired connection to the broadcast sound system. This connection is underway and to be tested at the next meeting. Understanding any conversation, comments or readings that are not spoken into this system will most likely not be heard by me. It must become policy that any conversation, comments, or readings for the record must be spoken into the system.

2. If determined to be or become necessary, the Act provides for assignment of a workplace assistant. This assistant would assist with helping me with the flow of the agenda and ensure that I am hearing everything that is on the record. This assistant would not address the commission or speak on my behalf; they would only in a non-disruptive manner provide me with inputs to ensure I am hearing and up to speed with the flow of the meeting. My spouse who has many years of experience of communicating with me without saying a word has volunteered her assistance. Therefore, the assistant would be at no cost to the City.

Thank you for your consideration of this request.

Sincerely,

Harold O. (Pete) Allen, City Commissioner”

He asked about Citizen Comments. He said it was skipped by. He had a citizen tell him that he sent in a comment to Diane to have read on the agenda tonight and that comment has not been read yet.

Jeff said that according to the agenda, we are not taking public comments, but they can send something into Diane and it will be distributed to the Commission. It was emailed to you from him. He emailed the person who submitted it, that while we have been in COVID, the comments will be distributed and this was.

Pete said he didn’t know what the comment was.

Jeff said it was emailed to him. Diane printed off a copy also for them. The comment referred to the Vacancy in Office item.

Lindsey Watts – Nothing to report.

Randy Nichols – Randy stated that he wanted to express his admiration for the people who peacefully exercised their right to gather and protest last night. Their message of racism and inequalities highlighted by the killing of George Floyd is being heard nationally and importantly locally. They essentially have a local grassroots movement started so you can experience or recognize the issues. If we in City government can be a part of the solution please help us find a way to come together and make Fort Scott better for everyone.

He also wanted to acknowledge our law enforcement. To him the picture of Chief Shelton with the small child at his knee speaks volumes about what is, what can, and what should be. Chief, my thanks to you and your department for doing the triple duties of being ambassadors for the City, for supporting the rights of the protestors, and for protecting our City.

At your place there is material from Smart Growth America. First he wanted to thank Rachel and Ally. They represented Fort Scott in a three morning Smart Growth America teleconference last week that he sat in on. They represented us well. They were professional, prepared, well spoken, insightful, and very enthusiastic to use the information to move us forward.

Dave has done an excellent job moving us forward with the limited financial resources that we have but because our financial pie is only so big no matter how we slice it, there is only so much to go around. Because of that we are in a reactive not proactive situation and must use our money to address the most urgent problems or opportunities. To become proactive and actually reach many of our desired goals, it seems evident to me we need a detailed strategic plan to give action to our existing master visioning plan. This will allow us to budget our local dollars more strategically and give more focused direction to our efforts to obtain federal and state funds. It seems to him that we need to expand our vision and broaden our focus to meet the community at large needs and expectations.

Over the last two years we have been engaged with the Waggoner Group and Smart Growth America. They, working in coordination, have both evaluated Fort Scott and, in front of you, are the documents they have constructed. These organizations have national perspective, have experience in guiding large cities and small towns, have access to lobbying expertise and are resources to multiple funding opportunities. The documents summarize their opinions of our community strengths and needs. They then give specific steps and processes to guide us in designing and implementing a comprehensive strategic plan. In them are recognition of all the issues we have been stuck on like infrastructure, housing/codes, transportation, downtown development, preparing/attracting jobs of the future, supporting current business and industry, etc. Bottom line is we now have the tools to develop in conjunction with community members a forward looking comprehensive strategic plan. We would be very foolish to not aggressively use these resources.

He asked the Commission to please become familiar with the information in the documents that are presented and asked Dave to assign Rachel and Ally to bring us an agenda item describing the nuts and bolts of how we can move this process forward in Fort Scott. Because we have a window of time for planning, now is the time to very actively push forward designing this comprehensive strategic plan.

JoLynne Mitchell – In conjunction with the Code of Procedures and Codes of Ethics, it is important for everyone that watches or talks about it, the time is not the issue but the productivity of the meeting. She doesn’t think there is an objection of time, but how well we work together. She’s had issues brought before her that people don’t work together well, but she would like to see that change. Each one of us should be accountable to be respectful to each other, so we can make the best decisions possible for the City.

C. City Attorney: Nothing to report.

D. City Manager:

1. 500 Block Andrick residents – City Manager said that the Commission had asked him to look into recognizing these residents in that area that have had their street torn up so long. He recommended a Buck Run family membership or a Woodland Hills golf family membership, or an Aquatic Center membership for 2021 since the pool is not going to have passes this summer. This is recommended by Staff.

Randy said that we are setting a precedence. Do we want to set a precedence for individuals that have something like this occur?

Kevin said that precedence has already been set in Chamber coffees. The City gives out pool passes, golf passes, and fitness passes. The residsents have been through a lot this past year.

Pete said that he don’t know how many people would utilize the golf membership. He would like to see a voucher given to them for that amount of dollars for whatever payments they want to make.

Jeff said that water cannot be paid for and he is recommending against any payment for that.

Pete asked if sewer could be paid for.

Jeff said he didn’t find a provision against sewer. There was no legal objection against sewer.

Pete Allen made a motion to issue voucher to those residents in the 500 block of Andrick for the amounts that were shown at a previous meeting totaling $3,800. Randy asked that it not be instituted until the City Attorney proves this is legal and asked that this be added to his motion. Pete agreed to this amendment. Kevin Allen seconded. All voted aye.

Approved to issue vouchers to those residents in the 500 block of Andrick for the amounts that were shown at a previous meeting totaling $3,800 and the City Attorney proves this is legal to do.

ADJOURNMENT:

R. Nichols moved to adjourn the meeting at 9:25 p.m. L. Watts seconded. All voted aye.

ADJOURNED MEETING AT 9:25 P.M.

The next regularly scheduled meeting is to be held on June 16^th, 2020 at 6:00 p.m.

RECORDED BY:

DIANE K. CLAY

CITY CLERK

CITY OF FORT SCOTT

CITY COMMISSION MEETING (AMENDED)

Minutes of May 19, 2020 Regular Meeting #10

The regular meeting of the Fort Scott City Commission was held May 19^th, 2020 at 6:00 p.m. in the City Commission Room, 123 S. Main, Fort Scott, Kansas.

ROLL CALL:

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

INVOCATION: There was no invocation given.

AUDIENCE IN ATTENDANCE: There was no audience in attendance other than a very few City staff.

PROCLAMATIONS/RECOGNITIONS: Buddy Poppy Day – May 22^nd, 2020 – Mayor Mitchell read a proclamation which proclaims May 22^nd, 2020 as Buddy Poppy Day in the City of Fort Scott and urged men and women to wear a buddy poppy as evidence of our gratitude to the men and women of this country who have risked their lives in defense of the freedoms which we continue to enjoy as American citizens.

APPROVAL OF MINUTES AND APPROPRIATIONS/CONSENT AGENDA:

1. Approval of minutes of the regular meeting of May 5^th, 2020, special meeting of May 12^th, 2020, special meeting of May 13^th, 2020, and special meeting of May 14^th, 2020.

2. Approval of Appropriation Ordinance 1263-A totaling $291,622.07.

3. Request to Pay #4 – Schneider Electric – $216,807.84 – Energy Service Project

4. Request to Pay – Lauber Municipal Law Firm – $17,150.00

5. Request to Pay – River Intake Engineering – HDR Engineering, Inc. – $10,955.00

6. Change Order #1 – Home Center Construction – Water Treatment Plant Repairs – Increase of $1,320.00

7. Request to Pay – Home Center Construction – Water Treatment Plant Repairs – $25,564.50

8. Request to Pay – Olsson Associates – Electric Vault Project – Airport – $2,918.31 – Engineering

9. Approval of 3RK – Certificate of Pay Request #5 – MIH Housing Grant – $21,150.51.

10. April financials

Pete Allen questioned the minutes from the May 12^th, 2020 special meeting where Olsson Associates was approved to be the engineer on the Horton Street project. He said they are located in Missouri and believes a Kansas company should be supported.

Susan Bancroft informed him that was approved just in case we needed their services on the submission for the KDOT Cost Share application. They ended up not being used in the process.

Pete said that he wanted to go on record that he does not think we should spend money in Missouri when we are located in Kansas.

Pete also questioned the minutes from the May 14^th, 2020 special meeting where it stated that all utilities from 6^th Street to Lakin would be updated and what that meant.

Chad said that any City owned utility in that area will be replaced at that time.

Pete is concerned with the total price that is recorded and if it includes sidewalks and everything.

Chad said that the $569,322.20 cost is just for the asphalt and milling only. Nothing else is figured in those numbers.

Susan said that she can get him a final number from the grant. The utility portion that was submitted for the application is $1.3 million.

Diane Clay, City Clerk, said that she can amend the minutes to reflect what the application states.

Pete also had a question on the May 5^th, 2020 minutes on page 9 where we approved to go out for bid in the 500 block of Andrick. The minutes show that we approved to go out for bid for sidewalks and concrete overlay and that is not correct. We approved to go out for bids on the curb and gutter. It is an asphalt project.

City Clerk said she will amend those minutes also.

R. Nichols moved to approve the Consent agenda with the corrections to the May 5^th, 2020 Commission minutes and May 14^th, 2020 special meeting minutes. Lindsey Watts seconded. R. Nichols, L. Watts, and J. Mitchell voted aye. K. Allen and P. Allen voted no. Motion carried 3-2.

APPROVED CONSENT AGENDA WITH CORRECTIONS TO THE MAY 5^TH, 2020 COMMISSION MINUTES AND MAY 14^TH, 2020 SPECIAL MEETING MINUTES.

APPEARANCE/COMMENTS/PUBLIC HEARING:

1. APPEARANCE: Bourbon County Healthy Action Team Grant – Robert Uhler, Community Development Director, appeared before the Commission on behalf of the Bourbon County Healthy Action Team. He and Dr. Nichols both serve on this committee. The City has received a grant in the amount of $13,680.00. The funds will be used to purchase and install water bottle filling stations at parks and trails throughout Bourbon County. The total of nine (9) stations will be purchased. They will be located at Gunn Park, Riverfront Park, Fort Scott Community College, and a couple in the county at Elm Creek Lake, Uniontown, and Bronson. He asked for approval to accept this grant.

Kevin Allen moved to accept the Bourbon County Action Team Grant in the amount of $13,680.00. Lindsey Watts seconded. All voted aye.

APPROVED BOURBON COUNTY ACTION TEAM GRANT IN THE AMOUNT OF $13,680.00.

2. CITIZEN COMMENTS (Concerning Items Not on Agenda – 5 minute

limit per citizen) – Comments will not be taken during this meeting. If you have a topic to discuss not listed on the agenda, please contact a City Commissioner or send a written request to [email protected].

3. PUBLIC HEARINGS:

JoLynne Mitchell moved to open the Public Hearing at 6:13 p.m. Randy Nichols seconded. All voted aye.

OPENED PUBLIC HEARING AT 6:13 P.M.

6:00 p.m. Public Hearing – 2020 Budget Amendment – Susan Bancroft, Director of Finance, informed the Commission that she is seeking approval to amend the 2020 budget. There are four funds which need amended:

2020 Adopted 2020 Proposed

Special Alcohol & Drugs $12,850 $47,679

Special Parks & Recreation $12,580 $37,617

E911 $135,500 $140,333

Storm Water Utility $189,493 $979,375

There were no comments from the public call-in number regarding the budget amendment.

Lindsey asked about the large increase in the Storm Water Utility fund.

Susan said that in 2016 there were funds in a rate stabilization fund. That fund was from years ago that had built up cash reserves. There was a resolution that was passed that said that those dollars were to be used for capital projects for utilities. In 2016, my predecessor collapsed that fund and put it into the storm drain fund. These funds have set there since 2016. This will allow the use of expenditures by increasing the budget authority for this fund which will help pay for capital outlay projects for this year.

JoLynne Mitchell moved to amend the 2020 budget. Randy Nichols seconded. All voted aye.

APPROVED 2020 BUDGET AMENDMENT.

Lindsey Watts moved to close the public hearing at 6:17 p.m. JoLynne Mitchell seconded. All voted aye.

CLOSED PUBLIC HEARING AT 6:17 P.M.

CONSIDERATION:

1. Consideration of purchase of 100’ Ladder Fire Truck – Dave Bruner, Fire Chief, informed the Commission that the City of Fort Scott was awarded a Community Improvement Grant in the amount of $665,303.00 in January of 2020. This grant was awarded to provide matching funding for a 100’ aerial platform apparatus. Bids were sent out to purchase this fire truck and were opened on April 22^nd, 2020. There were three bids received as follows:

Jon’s Mid-America Fire Apparatus/KME in the amount of $1,250,807.00. This bid was disqualified due to the CDBG grant specifications and did not meet bid specifications.

The next bid was from Hays Fire & Rescue in the amount of $1,149,963.00 and with discounts came to $1,128,579.00. This bid which did not meet bid specifications in regards to the wheel base and the large diameter hose bed.

The last bid was from Conrad Fire Equipment, Inc in the amount of $1,418,693.46 with a pre-pay discount amounting to $1,354,178.21. This bid meets all the specifications listed. The remainder of the amount from the grant will be paid for by a lease purchase for 10 years.

Chief Bruner informed the Commission that in discussions with Conrad Fire on this truck there were options to reduce the costs further. These options include changing the color scheme to all red and not two toned; reduced the monitors on the platform from two to one and changed the brand to a different model; and changed from a Velocity cab to an Arrow cab and removed two seats to make it a four seat truck instead of a six seat truck. These reductions brought the total price down to $1,335,827.20.

Michael Miles shared a power point with the Commissioners regarding the three different fire trucks. The City’s portion after the grant is $670,524.20.

Susan Galemore, Grant Administrator, Southeast Kansas Regional Planning Commission, was also present via telephone to answer any questions they had regarding the bid process.

Kevin Allen said that he would like a couple of weeks to think about the bids and allow the public to give some input.

Randy Nichols moved to approve the bid from Conrad Fire Equipment for the Pierce apparatus in the amount of $1,335,827.20. JoLynne Mitchell seconded. R. Nichols, L. Watts and J. Mitchell voted aye. K. Allen abstained and P. Allen voted no. Motion carried 3-1-1.

approved the bid from Conrad Fire Equipment for the Pierce apparatus in the amount of $1,335,827.20, WITH THE GRANT ALLOCATING FOR $665,303.00 AND THE CITY PORTION $670,524.20.

2. 2020 Capital Outlay Program – Chad Brown, Michael Mix, and Susan Bancroft all addressed the Commission regarding this item. This documentation is attached to the minutes. Approval of this program was requested. This includes changing Cooper Street to an Arterial Street from East National to 23^rd Street and approval of all the projects.

Michael thanked his Water Plant Crew of Scott Flater, Todd Bond, Roger Rodriguez, Brandon Russell, Kathy Michael, Bill Rost, Bill Lemke, and Aaron Ashley for assisting with a valve issue at the Water Plant this weekend. He also thanked Phil Pavey, a certified diver, who was willing to dive in the bottom of the clarifier pit. He thanked Darren Crays who fabricated a metal plate, and Jason Solomon from Kansas Rural Water Association for their assistance in opening this valve.

This 2020 Capital Outlay Program was explained in depth to the Commission by Susan Bancroft, Chad Brown, and Michael Mix.

Kevin Allen asked for two more weeks to look this information over.

R. Nichols moved to approve the 2020 Capital Outlay Program and to reclassify Cooper Street as an Arterial Street. L. Watts seconded. R. Nichols, L. Watts, and J. Mitchell voted aye. K. Allen abstained and P. Allen voted no. Motion carried 3-2.

Kevin Allen made a motion to reconsider the vote to allow more discussion. Pete Allen seconded. K. Allen and P. Allen voted aye. R. Nichols, L. Watts, and J. Mitchell voted no. Motion denied 3-2.

Pete said that he would like the minutes of the May 19^th meeting to include a statement from him that he made. “While the discussion of the Capital Outlay Program was going on, I, Pete Allen, informed the Commission that he was having a hard time hearing the discussion due to a malfunction of his hearing device. Before the vote was confirmed, I asked for the issue to be reopened for discussion because I was unable to hear the discussion due to the disability and was unable to hear the previous discussion. After advice from our attorney, Kevin Allen, made a motion to reconsider the vote to allow more discussion and I seconded. Commissioner Allen’s both voted yes. Commissioner Nichols, Commissioner Watts, and Commissioner Mitchell voted no and the motion was denied 3 to 2. I feel that was a violation of, if nothing else, the American Disabilities Act. I don’t think that there was much consideration given to a reasonable request and I would like that entered into the minutes of that meeting.”

APPROVED 2020 CAPITAL OUTLAY PROGRAM AND TO RECLASSIFY COOPER STREET AS AN ARTERIAL STREET.

3. Consideration of CIPP Sewer Rehabilitation Proposal – Michael Mix, Public Utilities Director, informed the Commission that as part of the 2020 Capital Outlay Program it included the lining of sanitary sewer gravity mains of 1.4 miles within the City of Fort Scott. He has a proposal from Insituform out of Independence, Missouri using their cooperative purchasing contract. The proposed estimated cost of this project is $190,315.82. The City Attorney prepared this contract between the City and Insituform. Approval to enter into a cooperative purchasing contract with Insituform was requested.

Discussion was held regarding why this wasn’t bid out. Michael said that our project is very small and we can piggyback off of their contract. There are only three companies in this area that provide this service.

R. Nichols moved to approve the cooperative purchase contract with Insituform out of Independence, Missouri in the amount of $190,315.82. L. Watts seconded. R. Nichols, L. Watts, and J. Mitchell voted aye. K. Allen abstained. P. Allen voted no. Motion carried 3-1-1.

approved the cooperative purchase contract with Insituform out of Independence, Missouri in the amount of $190,315.82.

4. Consideration of Ozone cooling system – Dave Martin, City Manager, asked the Commission to remove this item from the agenda at this time.

5. Repeal of Free Water/Sewer Service for residents in 500 block of Andrick Street – Jeff Deane, City Attorney, informed the Commission that he investigated the motion that was made at the previous meeting to provide free water and sewer for the residents in the 500 block of Andrick Street. He has discovered that Kansas Statutes prohibit free use of City water services in K.S.A. 13-2412 which states:

KSA 13-2412 – “Free use of water and discrimination unlawful. No person, firm, corporation, or association, nor any city department, shall be allowed free use of water, nor shall there be discrimination among water users of like classes as to rates, and rebates in rates shall never be allowed to any person, firm or corporation or city department except as an inducement to prompt payment of water rates”.

Discussion was held how to legally give people breaks when they have a water leak.

Kevin Allen asked if there has ever been a program in the past when free water has been given as an incentive.

Susan said she will research it.

Lindsey Watts moved to repeal the motion to provide free water and sewer service in the 500 block of Andrick for a one year period. JoLynne Mitchell seconded. K. Allen, R. Nichols, L. Watts, and J. Mitchell voted aye. P. Allen abstained. Motion carried 4-1.

approved to repeal the motion made at the may 5^th, 2020 to provide free water and sewer service in the 500 block of Andrick for a one year period as it is illegal.

Lindsey asked that City staff review something we could provide for these residents that is not illegal.

6. Consideration of sale of City property – Robert Uhler, Community Development Director, informed the Commission that he is asking approval to receive sealed bid for two parcels of land that the City currently owns. One piece of property is located at 120 N. National and the other piece of property is located on the east side of Lake Fort Scott. He has contacted Phil Hammons, local broker, who has given the City a minimum bid amount for each property. These two parcels will be listed for 30 days per Kansas Statute before the sealed bids will be received.

Discussion was held regarding sealed bid versus a real estate agent versus a live auctioneer.

Robert said that per Kansas Statute 75-6602, a City can sell property at a fixed price, a negotiated price, advertise for sealed bids or a public auction. Sealed bids is the lowest cost to the City. This is the way the previous Economic Development Director sold property.

Kevin said that he needed more time to think about this.

Robert said that the broker’s opinion will be available to the public. He said that he brought this item before them about a month ago. He was wanting to move forward on it.

More discussion was held regarding a public auction for this property and if it would bring more money.

City Attorney said it sounds like you are requesting City staff to come back with alternatives between sealed bids and costs associated with the other options.

Kevin Allen moved to table this item for two weeks and for City staff to come back with alternatives between sealed bids and costs associated with the other options. Lindsey Watts seconded. K. Allen, P. Allen, L. Watts, and J. Mitchell voted aye. R. Nichols voted no. Motion carried 4-1.

TABLED THE SALE OF CITY PROPERTY FOR TWO WEEKS AND FOR CITY STAFF TO COME BACK WITH ALTERNATIVES BETWEEN SEALED BIDS AND COSTS ASSOCIATED WITH OTHER OPTIONS.

COMMISSION/STAFF:

1. Director Updates:

Robert Uhler – Robert said that he had two items to bring up.

1. Lake Advisory Board – He said that the Lake Advisory Board met last Saturday and the minutes are in front of them. They were scheduled to meet quarterly but they would like to meet every other month. Their next meeting is scheduled for July.

2. Resignation – Robert said that effective May 22^nd, 2020 he will no longer work for the City of Fort Scott. He has tendered his resignation. He feels the environment here is not up to his liking. He said he appreciates Dave Martin as a leader, and he has helped him through some trying times.

Randy Nichols said that the City will miss him and his involvement with Smart Growth America and his legislative expertise and wished him the best.

Susan Bancroft – Financial Policy Update – Susan said that back in January she talked about looking at the City’s financial policies. She also worked with Deb McCoy on this policy and they reviewed other cities policies together. Susan developed this new financial policy. She did take some of this information from other cities and used some of their information for our document. A lot of the items in this document we are doing, but it was not in black and white. There are some recommendations on the procurement policy on page 16 and the numbers have changed. The travel policy on page 49 has also changed. She and Deb Needleman have looked at other cities and their policies in regards to travel and this is more in line. The ultimate decision will be the City’s Commission.

B. City Commission:

Lindsey Watts – Lindsey said that some of the items that she has brought up over the past few weeks have been about procedural issues. She said that our parliamentary procedure is lacking. We are a governing body that should be respected and respect each other. She has spoke with the Mayor and City Attorney and he is working on some procedures and code of ethics for the City Commission. This will give us some parameters on how to run our meetings. This will come before them at the next meeting.

Randy Nichols – He said that he is excited to move forward with the plans for this year. The Street Advisory Board came up a couple of years ago and was delayed. This is a steppingstone as a more unified Commission. They may well be part of an infrastructure board also as streets, storm water, and sanitary sewer interact with each other. He hopes that a policy can be developed which interfaces all those projects together and gives us some idea of a financial commitment and a detailed way to budget and move forward.

He also remarked about the Horton Street project that was voted on last week. Those decisions were made on the facts presented. The street was deteriorating, there was an urgency to get it repaired, it was in our 2021 budget to get it repaired, and identified by City staff to have it repaired, and it is unlikely that another KDOT grant would be available for this street. The other streets have potential for KDOT grants. That’s why he voted for it. It had nothing to do with location or housing or other parameters. He thinks the right decision was made and he hopes the community understands that it was the best way to leverage the dollars that we had. When the 1% sales tax comes up on the ballot this fall, it is critical that this is passed so more projects can be completed.

Kevin Allen – Kevin said that he has taken some pictures he wanted to share with his fellow Commissioners. He showed pictures of the following:

500 block of Andrick – Barricades were down – sandbags not by barricades – gravel washed out – did not clean up job very well – section of bricks that need salvaged – gravel in resident’s yards and barricades in yards.

City Hall sewer drain – concrete is torn up – located by back door of City Hall – this is a liability issue – this could be repaired with a steel plate and concrete bolts

1800 block of Wall Street – big humps across Wall Street that need cut out and patched

Wall Street – East of Aunt Toadies – Big sink hole that needs crack filled and made smooth – this is a liability issue – This is highway 54.

He said that we need to have a crew out there fixing these streets right now.

Pete Allen – Nothing to report.

JoLynne Mitchell – JoLynne said that she wanted to reiterate that the Horton Street project is for everybody. Some of us may live closer but that’s not the reason why we voted for it. That was the direction and the project that made sense for City dollars.

She asked the City Attorney to visit about proper etiquette and guidelines for our City Commission meetings.

Jeff Deane, City Attorney, said that most cities use Roberts Rules of Order, but that is for larger cities. Smaller cities have rules to help the meeting flow. The Rosenberg Rules of Order are simplified, and the League has a Code of Procedures for meetings also. He is tailoring these for our use and will put together a draft for us to review. The document will have a cheat sheet and have the motion out there for the Commission to use. He will have these documents available and send them out to review.

City Attorney said that there was another KOMA complaint filed against the City. He has received an extension from the Attorney General’s office. He will bring this before them at the next meeting and bring this information to them.

Lindsey remarked that it is important for Commissioners not to Reply All when receiving emails when other Commissioners are copied on this also. This is a K.O.M.A. violation.

C. City Manager:

1. City Engineer Candidate – Dave announced that we have had one candidate apply. He came to Fort Scott and met with City Staff. An offer has been made to him and we are waiting to hear if he accepts.

2. Inmate Assistance – Dave said that he and Kevin met with the Sheriff’s Department about assistance with City street projects. They will be available after the COVID-19 restriction lifts.

3. Grinder Pump Issue – Lake Fort Scott – Dave said the lake residents don’t want to move forward with a utility for their own grinder pumps.

Kevin said that they need to divulge into the contract before they move forward.

Dave said that the lake owner is responsible for the grinder and it is a 40 year term. The sewer district can pick who does the work on the sewer pumps.

4. Lake Fort Scott empty lots- Dave said that Kevin asked for documentation that the district approved people who had empty lots and didn’t have to have grinder pumps put in. He left that documentation on Kevin’s table.

5. He said that he talked to Jared Dauben.

6. Signs on Highway 54 – Dave said that he has talked with KDOT about signage.

Kevin said that he talked to an older couple recently with a trailer issue and they had no idea there was any retail located on south highway 69. He asked to get signage on 54 east and west pointing out gas stations, restaurants, etc.

Dave said that this is funded by KDOT and he is getting information on this.

7. Rural Water District – Dave said that he is waiting for Rural Water District to get back with them after their board meeting to discuss when they have water leaks in the county and how they are handled.

ADJOURNMENT:

Randy Nichols moved to adjourn the meeting at 8:52 p.m. Kevin Allen seconded. All voted aye.

ADJOURNED MEETING AT 8:52 P.M.

The next regularly scheduled meeting is to be held on June 2^nd, 2020 at 6:00 p.m.

RECORDED BY:

DIANE K. CLAY

CITY CLERK