CITY OF FORT SCOTT

CITY COMMISSION MEETING

Minutes of June 16, 2020 Regular Meeting #12

The regular meeting of the Fort Scott City Commission was held June 16^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.

EXECUTIVE SESSION:

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

RECESSED INTO EXECUTIVE SESSION AT 6:04 P.M.

RECONVENED INTO OPEN SESSION AT 6:24 P.M.

EXECUTIVE SESSION:

RECESSED INTO EXECUTIVE SESSION AT 6:26 P.M.

RECONVENED INTO OPEN SESSION AT 6:46 P.M.

Jeff Deane, City Attorney, said that he has been directed by the City Commission to investigate certain matters and report back to them at a later date.

PROCLAMATIONS/RECOGNITIONS: None

APPROVAL OF MINUTES AND APPROPRIATIONS/CONSENT AGENDA:

R. Nichols moved to approve the Consent Agenda. L. Watts seconded. K. Allen and Pete Allen voted no. R. Nichols and L. Watts voted yes. J. Mitchell abstained. Consent Agenda did not pass. City Attorney said to take each item up and vote separately.

Approval of minutes of the regular meeting of June 2^nd, 2020 and amended minutes of May 19^th, 2020.

L. Watts moved to approve the minutes of June 2^nd, 2020 and the amended minutes of May 19^th, 2020. R. Nichols seconded. All voted aye.

APPROVED MINUTES OF THE REGULAR MEETING OF JUNE 2^ND, 2020 AND AMENDED MINUTES OF MAY 19^TH, 2020.

Approval of Appropriation Ordinance 1265-A totaling $258,206.58.

L. Watts moved to approve the Appropriation Ordinance 1265-1 totaling $258,206.58. R. Nichols seconded. R. Nichols, L. Watts, and J. Mitchell voted yes. K. Allen and P. Allen voted no. Motion carried 3-2.

APPROVED APPROPRIATION ORDINANCE 1265-A TOTALING $258,206.58.

Fireworks Waiver – July 4^th, 2020

K. Allen moved to approve the Fireworks Waiver on July 4^th, 2020. L. Watts seconded. All voted aye.

APPROVED FIREWORKS WAIVER – JULY 4^TH, 2020.

Parade Permit – Burke Street Parade – July 4^th, 2020

L. Watts moved to approve the Parade Permit for the Burke Street Parade on July 4^th, 2020. K. Allen seconded. All voted aye.

APPROVED PARADE PERMIT – BURKE STREET PARADE – JULY 4^TH, 2020.

Request to Pay #5 – Schneider Electric – $55,016.60 – Energy Upgrade Project

L. Watts moved to approve Pay Request #5 for Schneider Electric for the Energy Upgrade Project in the amount of $55,016.60. R. Nichols seconded. K. Allen, R. Nichols, L. Watts and J. Mitchell voted aye. P. Allen voted no. Motion carried 4-1.

approved Pay Request #5 for Schneider Electric for the Energy Upgrade Project in the amount of $55,016.60.

Request to Pay – HDR Engineering, Inc. – $15,721.43 – River Intake Project

L. Watts moved to approve the HDR Engineering, Inc. in the amount of $15,721.43 for the River Intake Project – R. Nichols seconded. All voted aye.

approved the HDR Engineering, Inc. in the amount of $15,721.43 for the River Intake Project.

Approval of 3RK – Certificate of Pay Request #6 – MIH Housing Grant – $16,573.26.

J. Mitchell moved to approve the Pay Request #6 – 3RK – MIH Housing Grant in the amount of $16,573.26. L. Watts seconded. R. Nichols, L. Watts, and J. Mitchell voted aye. K. Allen and P. Allen abstained. Motion carried 3-2.

approved the Pay Request #6 – 3RK – MIH Housing Grant in the amount of $16,573.26.

Approval to Pay – Lauber Municipal Law, LLC – May 2020 – $26,923.00

L. Watts moved to approve to pay Lauber Municipal Law, LLC in the amount of $26,923.00 for the month of May 2020. R. Nichols seconded. R. Nichols, L. Watts and J. Mitchell voted aye. K. Allen abstained, and Pete Allen voted no. Motion carried 3-1-1.

approved to pay Lauber Municipal Law, LLC in the amount of $26,923.00 for the month of May 2020.

L. Watts asked in the future if the Commission had questions to have the items in the consent agenda pulled out to move the meeting along faster.

EXECUTIVE SESSION:

R. Nichols moved to recess into Executive Session for 20 minutes to discuss personnel matters of non-elected personnel and consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship regarding a legal matter. This session will include the City Commission, City Attorney and City Manager. L. Watts seconded. All voted aye.

RECESSED INTO EXECUTIVE SESSION AT 6:57 P.M.

At 7:04 Commissioner K. Allen returned out of the Executive Session.

RECONVENED INTO OPEN SESSION AT 7:17 P.M.

APPEARANCE/COMMENTS/PUBLIC HEARING:

APPEARANCE: None

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].

Kevin Allen said that he had a citizen that sent him a comment.

City Attorney said that comments will not be taken during this meeting. This will be shared with all Commissioners by email.

PUBLIC HEARINGS: None

CONSIDERATION:

Approval of Appointment to Golf Course Advisory Board to replace the position held by Ken Holt – Diane Clay, City Clerk, informed the Board that there was an opening on the Golf Course Advisory Board to replace the position previously held by Ken Holt. There were two letters of interest received: Ben Cole and Jeff Collier. The Golf Course Advisory Board met and their recommendation is to appoint Ben Cole to this position.

Kevin Allen moved to approve Ben Cole to the Golf Course Advisory Board to replace the position held by Ken Holt. Lindsey Watts seconded. All voted aye.

APPROVED APPOINTMENT OF BEN COLE TO THE GOLF COURSE ADVISORY BOARD TO REPLACE THE POSITION PREVIOUSLY HELD BY KEN HOLT.

Approval of Notice of Award – Conrad Fire – Ladder Truck and Change Order #1 – Reduction in $24,739.67 – Susan Bancroft, Director of Finance, informed the Commission that the Notice of Award and Change Order #1 needs to be approved for the purchase of the ladder truck. There were changes made to the truck that reduced the total cost.

R. Nichols moved to approve the Notice of Award and Change Order #1 in the reduction of $24,739.67. L. Watts seconded. K. Allen, R. Nichols, L. Watt, and J. Mitchell voted aye. P. Allen voted no. Motion carried 4-1.

approveD the Notice of Award and Change Order #1 in the reduction of $24,739.67 for the purchase of the ladder fire truck with conrad fire.

Approval of CDBG-CV Grant 20-CV-022 contract and for Mayor to sign all pertinent documents – Allyson Turvey, Tourism/Community Development Manager, informed the Commission that the City was notified on June 4^th, 2020 that we were awarded the 2020 CDBG-CV Grant in the amount of $132,000. She also gave them more information on the program. It will run similar to the previous CDBG grant from a couple of months ago. This is a grant program and not a loan program. Businesses within the City limits who have suffered COVID-19 related financial hardships will be eligible for this program. They do have to meet the 51% low to moderate (LMI) requirements to qualify. There cannot be any duplicate benefit efforts. A business will have to let us know what benefits they have received from the CARES Act, but cannot duplicate any benefits. Applicants can request up to two months of working capital. It will be on a first come, first serve basis. All applications have to be complete before they will be processed. This program is available to self-employed, owner/operators, and sole proprietors which the other program was not available to. A business could qualify up to $10,000 and will be based on the number of employees retained. All of these applications will be brought before the City Commission for final approval at their upcoming meetings. Applications will not be available until June 24^th, 2020 at which time it will open. She asked approval for the Mayor to sign the contract documents for this grant.

R. Nichols moved to approve the agreement between the State of Kansas and the City of Fort Scott for Grant No. 20-CV-022 in the amount of $132,000. J. Mitchell seconded. All voted aye.

approved the grant agreement between the State of Kansas and the City of Fort Scott for Grant No. 20-CV-022 in the amount of $132,000.

Approval of Administrative Agreement with Southeast Kansas Regional Planning Commission for CDBG-CV Grant – Susan Bancroft, Director of Finance, informed the Commission that this is the administration agreement with Southeast Kansas Regional Planning Commission to administer this new grant. This is in the amount of $6,600.00.

R. Nichols moved to approve the Administrative Agreement with S.E.K.R.P.C. for the CDBG-CV Grant in the amount of $6,600.00. L. Watts seconded. All voted aye.

approveD the Administrative Agreement with S.E.K.R.P.C. for the CDBG-CV Grant in the amount of $6,600.00.

Approval to pay retainage remaining to Ace Pipe Cleaning – $5,430.85 – Michael Mix, Public Utilities Director, informed the Commission that in his opinion the payment to Ace Pipe Cleaning is owed to them.

Jeff Deane, City Attorney, said that in light of information he recently received, he would suggest that the City withhold payment at this time until all issues are resolved.

L. Watts moved to withhold payment to Ace Pipe Cleaning at this time until the City Attorney can research this further. J. Mitchell seconded. All voted aye.

APPROVED TO WITHHOLD PAYMENT TO ACE PIPE CLEANING AT THIS TIME UNTIL THE CITY ATTORNEY CAN RESEARCH THIS FURTHER.

Approval of proposal from Midland GIS Solutions to inspect all 1,168 sewer manholes in the sanitary sewer system – Michael Mix, Public Utilities Director, informed the Commission that this project is included in the Capital Outlay Program. This is for inspection of all the sewer manholes in the City and update the mapping. He does have a proposal from Midland GIS Solutions in the amount of $71,889.00. They are a great company to work with. They will survey, get coordinates, and document all manholes in our mapping system.

Michael gave them another price from the Joplin Toolbox, which is competitively bid, and their cost is over $87,000 and that does not include the mapping into our system.

R. Nichols moved to approve the proposal from Midland GIS Solutions to inspect all sewer manholes in the City of Fort Scott in the amount of $71,889.00 and update the City’s mapping system. J. Mitchell seconded. K. Allen, R. Nichols, L. Watts, and J. Mitchell voted aye. P. Allen voted no.

Pete said based upon his statement from the last meeting, he would not approve any payment of money, so he voted no. He is impressed with the program.

approved the proposal from Midland GIS Solutions to inspect all sewer manholes in the City of the Fort Scott in the amount of $71,889.00 and update the City’s mapping system.

Consideration to Update City Specification 02605-2 D – Standards and Specifications for the City manual – Michael Mix, Public Utilities Director, informed the Commission that this is referring to specifications for coating for the manholes. He copied off the specifications regarding the tar products. This is specific towards coating for the manholes. The tar products specified are old school and now there is a newer acrylic product. He said that he consulted with the engineer, who is the same engineer that put the specifications together, and he is good with this new product. The specifications could be updated to add for this product.

Michael asked if it was necessary to get Commission approval for an item like this. He feels this is an easy item that he can approve.

Pete said that anytime any of those specifications are changed, the Commission should be given the opportunity to approve.

Jeff Deane, City Attorney, asked for an Executive Session for 15 minutes to discuss attorney-client relationship regarding a legal matter.

EXECUTIVE SESSION:

L. Watts moved to recess into Executive Session for 20 minutes to discuss consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship regarding a legal matter. This session will include the City Commission, City Attorney, City Manager, and Michael Mix. J. Mitchell seconded. All voted aye.

RECESSED INTO EXECUTIVE SESSION AT 7:45 P.M.

RECONVENED INTO OPEN SESSION AT 8:00 P.M.

City Attorney said that this item is open to either pass or table.

R. Nichols moved to table this item at this time until our City Engineer arrives for further discussion. L. Watts seconded.

Pete Allen said that he would like to state that as proposed, the ConSeal CS-55 is probably a good product, but a singular application that comes from the factory is not. He would move that we approve the CS-55 based upon the installation and instructions from ConSeal which requires multiple coats.

R. Nichols withdrew his motion to table this item.

Pete said that the intent is okay, but didn’t see any reference to the installation instructions, the thickness or multiple applications, and the City is going to have to put another at least one or two coats of CS-55 black to meet standards of installation instructions by ConSeal.

Pete made a motion to approve the CS-55 based upon the installation and instruction from ConSeal to put another two coats CS-55 black to meet the standards of installation instructions by ConSeal.

Randy asked that his motion be amended that the CS-55 product be used under those purposes or as judged appropriately by the engineer on the project.

Pete Allen said he did not approve the amendment on his motion.

L. Watts seconded Pete’s original motion. K. Allen, P. Allen, L. Watts voted aye. R. Nichols voted no. J. Mitchell abstained. Motion carried 3-1-1.

approved the CS-55 based upon the installation and instruction from ConSeal to put another two coats CS-55 black to meet the standards of installation instructions by ConSeal.

Consideration of Code of Ethics for the City of Fort Scott – Jeff Deane, City Attorney, informed the Commission that both of these items were discussed at the last meeting. He hasn’t received any comments from the Commissioners or staff on these rules. At this point, if there are no comments, he can put in a format to be considered for adoption.

K. Allen asked what we plan to accomplish with these new sets of rules and what will it cost. He doesn’t want to see it cost taxpayers more money.

Jeff Deane said that most of the costs have already been submitted. Many cities have these rules in place to help the meetings flow.

Kevin said that he hasn’t been offended by anything anyone has said, but he hates to see City money spent for something like this.

Pete asked who gave him the authority to make up these new guidelines in the first place.

Jeff said that it started when he was hired as City Attorney. He was concerned that there were no rules officially set in place.

Pete asked if these rules were in the League’s handbook.

Jeff said no and that most of these are from Kansas State Statutes. The League has a guide to procedures for Kansas Cities.

Lindsey said that there have been multiple meetings that we haven’t followed good ethics or procedures.

Jeff asked if changes need to be made to the Code of Ethics or Code of Procedures.

Kevin said he doesn’t want to change the way things are going right now. People are either going to act appropriately or not act appropriately. He said that he hopes they all act appropriately. He doesn’t see the reason to spend more money to go deeper into this. He said that the City Attorney decided to get this new code of ethics and asked again who directed him to do this.

Lindsey said that she had talked about it at previous meetings because of situations where if we had a code of ethics, it would have gave us a clear cut directive to move forward. She said that she is also trying to get more information from other cities.

City Manager said that he had heard concerns from other commissioners about ethics and our meetings and how they drag on and that we need a set of procedures.

Kevin said that he hadn’t heard anything about the City Attorney drafting up these rules and procedures. He asked if he had authority to call him and ask him questions and it costs the City $1,000 – does he have that option?

Jeff said as a City, he has been contracted to be the director of the City’s legal department. You have access to the City Attorney. He will answer legal questions, evaluate legal positions, advise on potential risk matters and exposure, and advise on issues as directed. He works with all City staff.

Kevin said that he usually tries another way and uses the League to save the City money.

Lindsey said that she has called other municipalities about their code of procedures and ethics and asked Jeff about what needed to be done. These rules are necessary, and we can benefit from them.

Randy Nichols said that he would like to move forward with the code of ethics and code of procedures for formal adoption.

Jeff said that he didn’t need a motion, just direction.

Consideration of Code of Procedures for the City of Fort Scott – Jeff Deane, City Attorney, informed the Commission that this was covered above.

COMMISSION/STAFF:

Director Updates: Allyson Turvey – Ally said that she wanted to update the Commission on Smart Growth America. This is an organization that works with rural communities and their goal is to help those communities create progress in a very strategic and fiscally responsible way. Each year they choose six rural communities to work with. The City was fortunate enough to be chosen in November of 2019. In February, the Smart Growth group came to Fort Scott. They were given a tour of the community, group interviews were done, and a community workshop was conducted with goals and vision for the future. A few weeks ago a Zoom meeting with Smart Growth was conducted, where they got to meet with the other five communities that were selected, as well as E.P.A., H.P.A., U.S.D.A., and many others and they gave them ideas about funding opportunities. Dr. Nichols updated them at their last meeting on this project. There are short term, mid term, and long term action items. This project will take us 15 to 20 years to get through. This isn’t something she or City staff can take on themselvest breathing document. This will progress our City forward and create a road map to the future.

Pete said that he was excited about this program and supports her efforts.

B. City Commission:

JoLynne Mitchell – JoLynne said that she wanted to go first this evening. In reference to the code of ethics and code of procedures, each one of us Commissioners have our own supporters and our own people who voted for us that have their own ideas of what they would like to see done in the City. It doesn’t make any of them right or wrong, but as a governing body we are supposed to be able to get along well enough to try and make a decision. It’s been brought to her attention that we don’t function well as a team together. These are some of the complaints she’s had from the people that did vote her in as well as the rest of them. She doesn’t know that a code of ethics or procedures on paper will fix that, but that’s the first logical step in making that happen. She doesn’t believe that we exercise respect or kindness to each other in any fashion most of the time, and would be surprised if we could make a decision on a dog tag together. That’s how people perceive us and that’s the kind of feedback that she gets. She has held her tongue as long as she can and she thinks that if we all try our best for the people that have voted for us, that it would be really nice if we would try to do that with one another even if we don’t all agree to make the best decisions. That doesn’t mean you can’t be respectful and don’t need to be showboating and that the citizens of Fort Scott and even Bourbon County want the best decisions for everyone that lives here. She thinks that some of the things that goes on and things that are said to one another are completely unnecessary, and having been on the Commission for seven years, she has not experienced this before. She would like for this to be a start for us to get along, but it will take everybody to do the same thing.

She told Ally that she did a great job on her presentation.

Lindsey Watts – Lindsey said that she failed to get something on the agenda for tonight. Last year she was a part of creating a 5K race and 1 mile fun walk on July 4^th. This was a fundraiser for Wreaths Across America and was held in Gunn Park. She asked approval to close Gunn Park to vehicle traffic on July 4^th, 2020 from 7:30 a.m. to 9:00 a.m. to hold this event.

Lindsey Watts made a motion to close Gunn Park on July 4^th, 2020 to vehicle traffic from 7:30 a.m. to 9:00 a.m. for a 5K race and 1 mile fun walk as a fundraiser for Wreaths Across America. JoLynne Mitchell seconded. All voted aye.

approved to close Gunn Park on July 4^th, 2020 to vehicle traffic from 7:30 a.m. to 9:00 a.m. for a 5K race and 1 mile fun walk as a fundraiser for Wreaths Across America.

She said that she is checking with other cities on their policies and procedures. What she found so far is in line with what Jeff is proposing.

Similar to JoLynne’s remarks, she thinks the code of ethics is needed. She doesn’t feel like there is any enforcing this in any kind of action other than a censure. Overall, there is a lot of instances where this is a lack of respect with the Commission and City employees, and also amongst the Commission. Some may think it is very mi-nute, but we can do better. We are supposed to be a respectful governing body, and we can do better by respecting each other’s opinions. She thinks she may have made some Commissioners mad by questioning items. Her goal is to do the best for the City.

Kevin Allen – Kevin said that there’s been a lot of talk about disrespect and things of that nature. He doesn’t know if they’re pointing at him or who, and he doesn’t feel like he has disrespected anybody. He’s been very professional and asked questions when they needed asked. He heard the word showboating and he hopes that isn’t directed at him.

JoLynne said she wasn’t directing anything to any specific person.

Kevin said that he doesn’t feel that he has stepped out of line. He feels like things are going good. He said that this is a different Commission. He has seen Commissioners that got along too good. When there are a lot of mixed up votes, it intrigues him. They all want what is best for Fort Scott. They all come from different parts of Fort Scott and come from different walks of life.

Kevin said that he talked to Tim McKenney. Tim is in charge of Fort Scott TV. He does get feedback from people that find it hard to get on the computer. Fort Scott TV is on the local channel. He gave him a sheet notifying him that our meetings could be live on Fort Scott TV for $50.00 a month. The City would need to provide him with our broadband width and what kind of equipment we have. He asked if he needed to make a motion to move forward with this.

City Manager said that he will check with Tim McKenney and see what we need to do to move it forward. If there is a contract to sign, he will bring this back to the next meeting.

Jeff Deane said that we need to make sure the meetings would be archived.

Kevin said that his one last item is that he was adamant last week about getting the City meetings back open. Everything seems to be back open. The Chamber coffees are meeting again, and no one seems to be concerned. He asked about when the next open meeting would be and was told it would be in July. He asked for a special meeting to open this meeting and could not get a quorum. We could not get along. He said that he called Becky Johnson, the Public Health Officer, and she said there are no restrictions – only recommendations of 45 people right now. He would have liked to have seen this meeting open and gotten together to discuss this. He said that Pittsburg, Iola, and Bourbon County are all open. This would have been a great time to get along and work together.

Randy Nichols – Randy said that in relation to COVID, it is not dead. There is an increase in all counties around us. We are much better off to give it another week or two to see where it evolves. We would have been much closer together and could not have socially distanced. If COVID becomes more aggressive, he is concerned with the pool opening and the 4^th of July events. He asked the public to be sure and follow the recommendations.

Pete Allen – Pete asked Jeff Deane after the last executive session at the last meeting, if there had been any progress made on that.

Jeff said that we will discuss the response to the Attorney General’s office shortly. This is due tomorrow. He has done additional research on this item and will have it for him at the next meeting.

He asked about the vouchers for the residents on Andrick Street.

City Manager said he could respond to that under his time.

C. City Attorney: Mr. Deane asked for an Executive Session for the purpose of discussing the City’s official reply to the Attorney General’s office on a Kansas Open Meetings complaint. He requested 10 minutes and include the City Commission and City Attorney.

EXECUTIVE SESSION:

L. Watts moved to recess into Executive Session for 10 minutes to discuss consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship regarding a legal matter. This session will include the City Commission and City Attorney. R. Nichols seconded. All voted aye.

RECESSED INTO EXECUTIVE SESSION AT 9:10 P.M.

RECONVENED INTO OPEN SESSION AT 9:20 P.M.

D. City Manager:

Marmaton Massacre – Dave informed the Commission that Frank Halsey is working on having the Marmaton Massacre on July 11^th and 12^th. He will be at our next meeting. He will be following all health requirements needed for this event.

Golf Course Advisory Board – Dave said that this board was approached by a person who has purchased some property by Hole #13 who is wanting to build some houses. There is a line of trees that need to be removed. There is a covenant in place that will need to go before the Planning Commission. They have talked to Doug Guns, Golf Course Superintendent, and he is in approval of the tree removal. The board supported the removal of the trees. This would help our course be better also.

Vouchers – 500 block Andrick – Dave said that this has been looked at very thoroughly. Susan has researched this and the City feels strongly not to offer a utility forgiveness on this rebate. City Staff has come up with a gift card in the amount of $250.00 for the Aquatic Center, Buck Run Community Center rentals/fitness, Woodland Hills Golf Course, dog permits, boat permits, Gunn Park shelter rental/camping, and Memorial Hall rental. The other recommendation is to apply a credit to one of the following utilities: Sewer charges and Stormwater charges. The recommendation is for the City services.

Jeff Deane said that free use of water is prohibited and illegal to offer. He said that the sewer and stormwater charges are a gray area and could leave us open to an allegation of some problem.

R. Nichols moved to authorize the vouchers in the amount of $250.00 to the four addresses to the City amenities and follow the City staff’s recommendation. L. Watts seconded. All voted aye.

APPROVED TO AUTHORIZE A VOUCHER (GIFT CARD) IN THE AMOUNT OF $250.00 TO THE FOUR RESIDENTS IN THE 500 BLOCK OF ANDRICK FOR THE CITY AMENITIES.

ADJOURNMENT:

R. Nichols moved to adjourn the meeting at 9:22 p.m. L. Watts seconded. All voted aye.

ADJOURNED MEETING AT 9:22 P.M.

The next regularly scheduled meeting is to be held on July 7^th, 2020 at 6:00 p.m.

RECORDED BY:

DIANE K. CLAY

CITY CLERK

Fort Scott, Government

FS Commission Agenda for July 7

July 2, 2020 Submitted Story Leave a comment

AGENDA

FORT SCOTT CITY COMMISSION

FORT SCOTT CITY HALL

COMMISSION ROOM

123 SOUTH MAIN

JULY 7, 2020

6:00 P.M.

I. ROLL CALL:

K. ALLEN P. ALLEN NICHOLS WATTS MITCHELL

II. FLAG SALUTE:

III. INVOCATION: Pastor

IV. PROCLAMATIONS/RECOGNITIONS: Recognition of Payden Blythe, Police Officer

Introduction of Nate Stansberry, City Engineer

V. CONSENT AGENDA:

Approval of minutes of the regular meeting of June 16^th, 2020, special meeting of June 24^th, 2020 and June 30^th, 2020.

Approval of Appropriation Ordinance 1266-A totaling $804,125.90.

Skitch’s Hauling & Excavation, Inc. – March port-a-pottie fees – $2,153.00; April $1,911.00; and May $2,153.00 – Totaling $6,217.00.

Request to Pay – Insco Industries – $67,937.35 – Clarifier Painting Project – Water Plant

Request to Pay – Southeast Kansas Regional Planning Commission – $4,000.00 – Fire Truck Grant

May financials

VI. APPEARANCE/COMMENTS/PUBLIC HEARING:

APPEARANCE: Vanessa Poyner – Junior/Senior Prom – Saturday, July 25^th, 2020 – Request for Street Closures: West Oak Street from Judson to National for Walk-In event. Request for parking lot behind Brewhaus Brewery for valet parking. Time requested: 2:00 p.m. to midnight – Waivers will be signed for all attendees and social distancing will be enforced.

Frank Halsey – Marmaton Massacre Event

Terry Sercer – 2019 Audit

B. CITIZEN COMMENTS: (Concerning Items Not on Agenda – 5 minute limit per citizen)

PUBLIC HEARINGS/COMMENTS:

VII. CONSIDERATION:

Pool Discussion – Consideration of fees

Consideration of Financial Policy

Consideration of Work Order #9 – Olsson Associates – Fort Scott Municipal Airport – Environmental Assessment

Consideration of Change Order #10 – River Intake Project – Increase of $24,950.00

Consideration of City Auctioneer Bid

Consideration to pay Ace Pipeline

Discussion of First Source Lease

Consideration to remove some of the tree line near Hole #13 at Woodland Hills Golf Course

Consideration to purchase used fairway mower – Golf Course

Consideration to purchase Cushman Utility Cart for Golf Course and sign a four year lease for 30 gas 2020 golf carts from KGT

Discussion of B.C.E.D.C.I. board activities (Pete Allen)

VIII. COMMENTS:

Director Updates:

Commission:

City Attorney:

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

X. MOTION FOR ADJOURNMENT: ROLL CALL

Government, Kansas

Kansas Gains In Tax Collections FY2020

July 2, 2020 Submitted Story Leave a comment

Kansas Sees Substantial Gains in Total Tax Collections Over Projections for June and Close of FY 2020

Tax collections down less than 5.0% compared to June FY 2019 and down less than 6.0% from close of last fiscal year

TOPEKA –The State of Kansas saw a better-than-predicted close to Fiscal Year 2020. In June, the state’s total tax collections were up by $135.6 million or 22.3% more than estimated with $744.4 million collected. Compared to the same month last fiscal year, June tax collections were down by 4.8%. For FY 2020, total tax collections were up by $163.7 million or 2.4% more than estimated with collections of $7.0 billion; a 5.7% decrease from last year.

“Kansans have faced many challenges since the beginning of the COVID-19 outbreak – emotionally, physically, and financially,” Governor Laura Kelly said. “While these numbers are encouraging, we must continue to make decisions that will keep our state on sound economic footing as we enter the next fiscal year.”

The economic impact of the COVID-19 pandemic began to be seen in April as the state was entering its fourth quarter. In addition, tax extensions were announced in March which moves money from FY 2020 to the next fiscal year. Approximately 300,000 individual income tax returns are still to be filed and paid by the July 15, 2020 deadline.

Individual income taxes were 13.2% or $41.1 million more than projected with $353.1 million collected. Those numbers are down 9.0% compared to the same month last year. Corporate income tax collections in June were $54.7 million; $33.7 million or 160.4% more than projected. These collections are down 19.4% compared to June of last fiscal year.

Retail sales and compensating use tax collections were both more than projected for the month and more than June of last fiscal year. Retail sales tax collections in June were $203.0 million; 21.5% or $36.0 million more than estimated. That’s an increase of 1.9% over last June. Compensating use taxes were $43.4 million; $10.4 million or 31.6% more than projected and an increase of 6.5% over last June. For FY 2020, retail sales tax collections performed 2.3% higher than expected with $2.4 billion collected; an increase of 0.7% over last fiscal year. Compensating use taxes for the fiscal year also performed 4.1% higher than expected with $479.1 million collected; a 10.9% increase from FY 2019.

Details found here.

Bourbon County, Fort Scott, Health Care

Presbyterian Village Earns Zero-Deficiency Rating

July 2, 2020 Submitted Story Leave a comment

Fort Scott Presbyterian Village earns zero-deficiency rating
for assisted living focused infection control survey

FORT SCOTT, Kan. — Fort Scott Presbyterian Village earned a zero-deficiency survey for a focused infection control survey conducted by the Kansas Department of Aging and Disability Services (KDADS) in June.

Senior living communities are surveyed annually by their licensing agency for compliance of regulations established by KDADS. These regulations are designed to ensure a standard of care is met. By meeting this standard, senior living communities are able to renew their licenses and continue to provide care.

The Kansas Legislature and Gov. Laura Kelly directed KDADS to complete focused infection control surveys for all adult care homes in Kansas by September 30, 2020. The Centers for Medicare and Medicaid Services (CMS) directed states to perform focused infection control surveys in all skilled nursing facilities by July 31, 2020.

“Every day I see our mission to provide quality senior services guided by Christian values unfold as our employees go above and beyond in the care they provide,” said Ginger Nance, executive director. “At this time, we have had no residents or employees test positive for COVID-19. Our employee screening processes and infection control practices are working to keep COVID-19 out of our campus.”

The focused infection control surveys hone in on an adult care home’s adherence Centers for Disease Control (CDC) guidance for infection control practices to prevent disease at the community. Communities are assessed on staff and resident education on hand hygiene and coughing/sneezing etiquette, cleaning, screening of employees and residents, effective transmission-based precautions, proper use/discarding of personal protective equipment and signage at entrances and resident rooms. It also examines the facility’s policies and emergency preparedness related to a pandemic or outbreak.

“This recognition is tangible proof of our commitment to providing quality senior care and services based on Christian values. This survey recognizes the hard work this team has put in throughout the COVID-19 crisis,” Nance said. “We will continue to be vigilant as we work with the Bourbon County Health Department on our reopening plan.”

Fort Scott Presbyterian Village is an assisted living community, which means it is licensed by KDADS. Residents have their own private apartments, one or two bedrooms complete with all appliances, and may receive some assistance with activities of daily living.

“Although the restrictions on visitors has been difficult, we have been offering many ways for residents and their family members and friends to stay connected,” Nance said, citing drive-through parades, outdoor fishing and walking paths, and exercise classes offered throughout the pandemic.

For more information about Fort Scott Presbyterian Village, contact Becky Kellum, marketing director, at 620-223-5550 or [email protected].

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Fort Scott Presbyterian Village, a Presbyterian Manors of Mid-America community, has been offering independent and assisted living apartments for seniors from southeast Kansas and southwest Missouri since 1994. Learn more at FortScottPresbyterianVillage.org. Presbyterian Manors of Mid-America is a 501(c)(3) not-for-profit organization with 16 locations and 2 hospices in Kansas and Missouri. Learn more at PMMA.org.

Government, Kansas

Crisis Counseling Funding

July 2, 2020 Submitted Story Leave a comment

Governor Laura Kelly Announces Federal Approval of Crisis Counseling Funding under Kansas’s Major Disaster Declaration

Funding for Mental Health Program Benefiting Individuals Impacted by COVID-19

is an Add-On to the State’s Major Disaster Declaration

TOPEKA— Governor Laura Kelly has announced that the Federal Emergency Management Agency (FEMA) has approved a Kansas plan for crisis counseling under the individual assistance category of the Stafford Act.

Funding is provided by FEMA’s Crisis Counseling Program Immediate Services Program (ISP). ISP is a program supported by a grant that provides disaster relief assistance offered through specially trained providers and other supports for up to 60 days after a major disaster declaration. Funding was secured through partnership with Kansas Division of Emergency Management, Kansas Department of Health and Environment, Kansas Department of Aging and Disability Services and Kansas Department of Agriculture.

“Kansans have faced challenges and uncertainty since the beginning of this unprecedented health crisis,” Kelly said. “We are developing a program with both virtual and person-to-person support offered with social distancing and preventing the spread of COVID-19 in mind. It is imperative to provide options for support during this time to let people know they are not alone, and help is available for those who need it.”

The first round of training was held on June 19 and 22 for providers to help support mental health initiatives designed to benefit Kansans affected by the pandemic. The initial Core Content Training is a two-day training developed by The Substance Abuse and Mental Health Services Administration (SAMHSA) that covers basic crisis counseling skills and services, data collection and stress management techniques. Over 40 individuals were trained during this session. This opportunity positions Kansas to address the complexities of COVID-19. Collaborating agencies are establishing an approach to provide outreach and services by telephone, virtually and through social media. The program will focus on providing crisis counseling and disaster recovery options, promoting the use or development of healthy coping strategies, connecting survivors with appropriate people and agencies that can assist them, and completing referrals to other disaster recovery programs or mental health providers.

Hotlines through this program with trained crisis counseling staff and online support and resources are available now.

The National Suicide Prevention Lifeline, 1-800-273-TALK (8255), provides free 24/7, confidential support for people in distress, prevention and crisis resources for you or your loved ones, and best practices for professionals. A chat option is also available online at https://suicidepreventionlifeline.org/.

Additional support is available for citizens through the following resources:

The Kansas Ag Stress Resources website offers a variety of resources geared toward those involved in agriculture including a 24/7 hotline at 1-800-447-1985. This is a service through the Kansas Department of Agriculture found at www.KansasAgStress.org.

SAMHSA offers the Disaster Distress Helpline, 1-800-985-5990. The Helpline is a 24-hour-a-day, seven-day-a-week and free resource that responds to people who need crisis counseling and support in dealing with the traumatic effects of a natural or human-caused disaster.

With Kansas: Stronger Together as a program motto and brand, this program will also provide toolkits with educational materials and general outreach information for citizens, businesses and providers. Materials are available for the public and encouraged to be used as needed and shared in locations such as grocery stores, churches, businesses, funeral homes, social media, medical clinics or other places where individuals may gather. Some topics addressed include grief and loss, financial stress, coping mechanisms, children and coping, anxiety related to COVID-19, possible suicidal ideation, general resource information, agriculture hardship and other topics. Information can be found online via Facebook at Kansas: Stronger Together.

“As we continue to find ways to proactively battle the ongoing mental health and social effects of this pandemic, I think it’s important we recognize the impact puts us in uncharted territory in that it reaches every corner of our state,” KDADS Secretary Laura Howard said. “This funding allows us to implement a program that can also reach every corner of our state and is designed to link those in need to crisis counseling and community supports as well as other resources, strategies and comforts as we face this together.”

Kansas will be requesting ongoing crisis counseling assistance from FEMA with a request to extend crisis counseling services to Kansans through the Crisis Counseling Program Regular Services Program. The Regular Services Program (RSP) is a CCP grant program that provides disaster relief assistance for ongoing counseling services and support for up to nine months after a major disaster declaration. A website is currently being developed.

For additional resources visit the Kansas: Stronger Together Facebook page (https://www.facebook.com/Kansas-Stronger-Together). Kansas residents can also dial 2-1-1 or 1-800-CHILDREN to learn about programs and services.

Obituary

Obituary of Grace Myers

July 2, 2020 Submitted Story Leave a comment

Grace Earlene Myers, age 96, resident of Ft. Scott, KS, died Wednesday, July 01, 2020, at Guest Home Estates in Ft. Scott.

She was born January 15, 1924, in Sprague, MO, the daughter of Rev. Earl R. Bingham and Susan Pickford Bingham.

She graduated from Fulton, KS High School in 1942 and attended Fort Scott Junior College. She taught school for several years in Bourbon and Linn counties.

On June 1, 1949, she was married to Oscar Otto Myers of Niangue, MO, at the home of her parents near Devon, KS. They lived in the Bourbon county area until 1950 when they moved to Marysville, KS, where Grace went to work for Selective Service.

They later moved to Emporia, and then to Olathe, KS, in 1961 and lived there until they retired in 1970.

After retirement they moved back to their farm near Devon.

Oscar and Grace celebrated their 50^th wedding anniversary on June 1, 1999. Oscar passed away on June 26, 1999.

Grace and Oscar enjoyed their retirement years on their farm where they cared for their cattle, pets, and garden.

Grace was a long time member of the Mapleton Christian Church . She received her 75 year membership pin from Violet Chapter No. 200, Fulton Order of the Eastern Star.

Survivors include two sisters-in-law; a nephew and several nieces, cousins, grand nieces and grandnephews.

Besides her husband, she was preceded in death by her parents; a cousin who was raised in her parents’ home from an infant, Earl Inman; and another close cousin, Hazel Beck.

Graveside services will be held at 1:00 PM Tuesday, July 7th in the Good Spring Cemetery, near Niangua, MO.

In lieu of flowers, memorials are suggested to the charity of donor’s choice and may be left in care of the Cheney Witt Chapel, PO Box 347, 201 S. Main St., Ft. Scott, KS 66701. Words of remembrance may be submitted to the online guestbook at cheneywitt.com.

Bourbon County, Bourbon County Sheriff's Office, Elections

Craig Rice: Candidate For Bourbon County Sheriff

July 2, 2020 Loretta George Leave a comment

Craig Rice. Courtesy photo by Merle Humphrey.

This is part of a series of features on the candidates running for offices in Bourbon County. The Bourbon County Primary Election will be held, Tuesday, August 4, 2020.

Monday, July 20, is the candidate forum at Ellis Fine Arts Center, on the campus of Fort Scott Community College, 2108 S. Horton. Doors open at 5:30 p.m. for a meet and greet with candidates. The forum starts at 6 p.m. in the order of federal, state, then local candidates.

Craig A Rice, 59, is running for Bourbon County Sheriff.

His education includes a high school diploma, Kansas Law Enforcement Training, Military Police Diploma, Emergency Medical Technician.

His experience includes 36 years Law Enforcement and Emergency Medical Training, leadership and training experience, rescue, hostage negotiator, crisis management team leader, field training officer, community event leader, and correctional officer.

His priority:

“To ensure that I establish a good working relationship with all city and county heads so we can create an environment of cooperation and respect,” he said.

The following is information provided on the Bourbon County Kansas website.

Not sure if you’re registered to vote or where to vote?

You may register to vote online, through the Kansas Secretary of State’s website.

Check your voter registration status, the location of your polling place and view a sample ballot at VoterView by the Secretary of State.

Advance Voting is available prior to each election. You may advance vote in one of two ways: By mail, by filing an application for a ballot to be mailed to you OR in-person, beginning at least one week prior to any election.

COVID-19, Government, Kansas

Masks Mandated by Kansas Governor

July 2, 2020 Submitted Story Leave a comment

Governor Laura Kelly Signs Executive Order Mandating Masks in Public Spaces

Simple, Proactive Way to Keep Kansans safe, and Keep Kansas Businesses Open

TOPEKA – Governor Laura Kelly today issued Executive Order #20-52 requiring that most Kansans must wear a mask while in public spaces, and in places where individuals are unable to maintain social distancing of six feet.

Executive Order #20-52 takes effect beginning 12:01 a.m. Friday, July 3, and will remain in place until rescinded or until the current statewide State of Disaster Emergency expires – whichever is earlier.

“The last few months have presented many new challenges for Kansans, and all of us want to return to our normal lives and routines,” Governor Kelly said. “Unfortunately, we have seen a spike in the number of COVID-19 cases, hospitalizations, and deaths across our state and our country. We must act.”

Viruses don’t stop at county lines. This order doesn’t change where you can go or what you can do. But wearing a mask is a simple and effective way to keep Kansans healthy and keep Kansas open for business.”

Under the order, Kansans are required to wear masks when inside any public space – including their workplace – or in situations where social distancing of 6 feet cannot be maintained. Guidance regarding specific places or situations in which masks are required is outlined within the order.

Kansans under five years of age, those with medical conditions, and others specifically outlined in the order are exempt from these requirements.

To view EO #20-52, click here.

Bourbon County Sheriff's Office

The Bourbon County Sheriff’s Office Daily Reports July 2

July 2, 2020 Submitted Story Leave a comment

Click below:

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Fort Scott Police Department

The Fort Scott Police Department Daily Reports July 1

July 2, 2020 Submitted Story Leave a comment

Click below:

7-1-2020

COVID-19, Government, Kansas

Governor Kelly Announces Executive Orders

July 1, 2020 Submitted Story Leave a comment

TOPEKA – Governor Laura Kelly today signed Executive Orders #20-49, #20-50, and #20-51. #20-49 reissues the orders listed below, and #20-50 updates and extends Executive Order 20-38, which provides temporary relief from certain unemployment insurance requirements during the state of disaster emergency. Executive Order #20-51 extends the term of the 2020 Kansas Complete Count Committee until November 1, 2020. Executive Orders #20-49 and #20-50 will remain in force until September 15, 2020, or until the statewide State of Disaster Emergency expires.

20-36 – Drivers’ license and vehicle registration and regulation during state of disaster emergency

20-37 – Allowing certain deferred tax deadlines and payments during state of disaster emergency

20-39 – Extending professional and occupational licenses during state of disaster emergency

20-40 – Temporarily allowing notaries and witnesses to act via audio-video communication technology during state of disaster emergency

20-41 – Licensure, Certification, and Registration for persons and Licensure of “Adult Care Homes” during state of disaster emergency

20-42 – Temporarily suspending certain rules relating to the sale of alcoholic beverages during state of disaster emergency

20-43 – Temporary relief from certain restrictions concerning shared work programs during state of disaster emergency

Executive Order #20-50 allows a temporary change to Kansas employment security law, stating, “The requirement that Kansans receiving unemployment benefits actively seek work each week is temporarily waived for all claimants to allow Kansans to continue the necessary social distancing practices.”

“The ongoing threat of COVID-19 has impacted our way of life and created many new challenges for Kansans and their families,” Governor Kelly said. “As cases continue to rise both in Kansas and across the county, reissuing these orders is a necessary step to keep Kansans healthy while also keeping the state open for business.”

Executive Order #20-49 can be found here.

Executive Order #20-50 can be found here.

Executive Order #20-51 can be found here.

Bourbon County, Entertainment, Fort Scott

Fort Scott Public Library Youth Summer Reading News

July 1, 2020 Submitted Story Leave a comment

Summer reading is in full-swing, but if you have not signed up for it yet, there’s still time! Just register here and call 620-223-2882 or email Miss Val to arrange pick up of your welcome packet. Specify how many children or teens and what grades you need packets for, when you call or email.

The library hands out packets filled with prizes (earned by reading or completing challenges), along with crafts and activities (for all participants), weekly. Participants should call or email the library every week to schedule a Friday pickup. This week, due to the Independence Day holiday weekend, the library will begin Friday pickups early, starting Thursday, July 2, at 9 am. Call 620-223-2882 or email Miss Val to schedule your pickups. If you need to catch up from past weeks, be sure to let the library staff know.

Letters to the Elderly

The library is partnering with Medicalodges, Fort Scott, in a project designed to connect summer reading families with elderly residents in care at Medicalodge. The library will send out letter stationery, envelopes, and instructions in this week’s craft and activity packets, and will collect the letters throughout the month of July. After quarantining the letters, Miss Val will deliver them to Medicalodges, Fort Scott, for distribution to their residents. Letters should be returned to the library by August 1, and Miss Val hopes to deliver them by August 3. It is the wish of library staff that the project provides comfort, entertainment, and a measure of joy to the residents, and that some of them will write back to the families, perhaps even establishing a connection that will outlast the project.

Free Books & Prizes

The library allows patrons to browse its tubs full of free books, placed on the library lawn outside the north entrance, during curbside pickup hours on days with a clear weather forecast. Youth summer reading participants may also earn books, both pre-owned and new, as prizes for completing weekly reading goals. Other prizes include toys, coupons or gift cards for free food or drinks, craft kits, snacks, dress up accessories, and summer items. The library has already distributed gift cards (as prizes for meeting weekly reading goals) purchased by the library, as well as gift cards and/or coupons donated by the following local business sponsors: Casey’s General Stores, Daylight Donuts, Domino’s Pizza, G & W Cash Saver, Marsha’s Great Plains Deli, Sonic Drive-In, Taco Bell, and Wendy’s. Pete’s Convenience Stores has also pledged a donation, which is expected to arrive soon.

Storyteller Will Stuck

From 8 am, July 18 through late night, July 23, Fort Scott Public Library will offer two video performances by Storyteller Will Stuck, provided as a part of the library’s summer reading program. Will Stuck has created one performance for preschoolers and another for elementary-aged children, inspired by this year’s summer reading theme. You may access the videos through the library’s Facebook page, showing on this playlist from July 18 – 23.

Community Members Read & Craft for Summer Reading

On this playlist, you will find local retired and current teachers, parents, librarians, and other professionals, who have already read stories or demonstrated crafts for this year’s summer reading program. The videos will remain online through the last day of summer reading, August 5.

Upcoming Programs:

July 7 – 10 am: Mixed-Up Tales Preschool Stories with educator Alexandra VanSickle (Zoom)

11 am: Mythological Villains Elementary Stories with educator Alexandra VanSickle (Zoom)