CITY OF FORT SCOTT

SPECIAL CITY COMMISSION MEETING

Minutes of November 20, 2020 Special Meeting #16

A special meeting of the Fort Scott City Commission was held November 20^th, 2020 at 4:00 p.m. in the City Commission Meeting Room, 123 S. Main Street, Fort Scott, Kansas.

ROLL CALL:

Commissioners Kevin Allen and Pete Allen, were present with President of the Commission Randy Nichols presiding. Lindsey Watts was absent.

AUDIENCE IN ATTENDANCE: Travis Shelton, Russell Lingerfelt, Dave Bruner, Nate Stansberry, Frank Halsey, Rachel Pruitt, and Susan Bancroft. Jeff Deane, City Attorney, and Jeff Hancock, Interim City Manager, appeared via Zoom.

CONSIDERATION:

1. Discussion on 10 N. National building and how to proceed

President of the Commission Nichols informed the Commission and audience that the purpose of the meeting is to discuss the deteriorating condition of the 10 N. National building and how to proceed. City Staff is here to report on the state of the building, finances, economic development interest in the building, and the process and procedure to go through to legally demolish the building.

Dave Bruner, Fire Chief, shared an engineering report from August 2019. This 2019 report states that the exterior of the building appears to be in sound structural condition with no noticeable settlement or cracking or deficiencies. All walls appear to be true and plumb. There are some minor locations where some tuckpointing would be necessary. Damage to the roof itself is very extensive and non-repairable. The first, second, and third floors have deteriorated to a point where they should be considered unsafe. They met this afternoon with John George. He shared photos of the building and roof today versus pictures from August 2019. The roof is in extremely bad shape compared to August 2019 and has collapsed now. Per John George, he still consideres the exterior of the building sound. There is collapse inside so in order to get a true determination of the inside, some demo proceedings would need to be started to look inside. They asked about the floor joints connected to the common walls. Apparently, there was a void space that was built between those in 1888 and those joists are set so if it would collapse, that was the way it was designed. There are little pockets in there. It is not secured to the common wall. Dave said that he went up in the ladder truck and removed some of the roofing material at the top.

Kevin said he received a call from Tina Lipe and she was concerned with the material being blown into the street.

Nate Stansberry, City Engineer, said that this building has been an ongoing saga. There were letters sent to the property owner back in 2016 to make repairs. He shared copies of the City ordinance regarding unsafe and dangerous structures. There is a 10 day period from the day the letter is received for the property owner to respond. There have been multiple letters sent hoping the owner would comply. The latest letter sent was in March of 2020 and they were told his resources were limited and he wanted to transfer ownership of the building to someone else. Another letter went out today giving the owner 10 days to respond. This will be on the December 1^st, 2020 agenda to discuss this structure.

Kevin said that he talked to the owner today and he is willing to sign the building over.

Frank Halsey said that he was an interested party. Scott Johnson came to see him the other day but he was busy and couldn’t meet with him at that time. He looked at this building several years ago and looked to purchase it as a training center for Mid Continental. The roof had not collapsed yet, but they chose not to go that route. This summer the building was offered to him again, but he said no thanks. His fear is that it will be torn down and he doesn’t want to see that happen. He has spoke some to investors and at least three people are willing to invest with him. He does not want to own the building. Those that have invested an interest would be reimbursed eventually by a future owner. He doesn’t know if the City would want to put it in the LandBank or how that would proceed. He would like to take the structure down to a shell, and would like to see it actually collapse further.

Kevin asked Frank if he was still interested in the building.

Frank said yes. He still thinks they could get their money back.

Rachel Pruitt, Economic Development Director, said that this building has been on their radar for quite some time. The City would like to not have this building demolished. Frank talked about stabilizing it but not having long term ownership. The conditions of the building are preventing that currently. She did speak to some prospective owners this afternoon about the building and they did not say no. She said she would like the building to be put into the LandBank and she will continue to work with prospective owners to purchase this building.

Pete said that we have been four years talking about this building and it has just gotten worse.

Susan Bancroft said that if it was deeded over to the LandBank, there are some clear advantages. You get a clear title, versus a quick claim deed. The City would take over the building while it was being stabilized and take on that liability. If he did find some investors, that money could be ran through the LandBank and help stabilize that building. We do want to make sure we have an investor that is ready to go and that the City not sit on this property for years.

Kevin asked if the barricades were put back in front of the building.

Nate said that the barricades are back up.

Frank said that he will reach out to his investors.

President of the Commission, Randy Nichols, said that he felt this has been a positive meeting and we are now aware of the condition of the building, and the process to move forward.

ADJOURNMENT:

K. Allen moved to adjourn the meeting at 4:32 p.m. P. Allen seconded. All voted aye.

ADJOURNED MEETING AT 4:32 P.M.

Respectfully submitted,

Diane K. Clay, M.M.C.

City Clerk

CITY OF FORT SCOTT

SPECIAL CITY COMMISSION MEETING

Minutes of November 19, 2020 Special Meeting #15

A special meeting of the Fort Scott City Commission was held November 19^th, 2020 at 10:00 a.m. in the City Commission Meeting Room, 123 S. Main Street, Fort Scott, Kansas.

ROLL CALL:

Commissioners Kevin Allen, Pete Allen, and Lindsey Watts were present with President of the Commission, Randy Nichols, presiding.

AUDIENCE IN ATTENDANCE: Travis Shelton, Ally Turvey, Janice Allen, Jason Pickert, Russell Lingerfelt, Rachel Pruitt, and Anne Rawlins. Jeff Deane, City Attorney, appeared via Zoom.

CONSIDERATION:

1. Accept resignation of JoLynne Mitchell

President of the Commission, Nichols, said that on behalf of the community, he wished to thank her for her dedication and service to this community. We should be grateful for her service to the City.

K. Allen moved to accept the resignation of JoLynne Mitchell. L. Watts seconded. All voted aye.

APPROVED TO ACCEPT THE RESIGNATION OF JOLYNNE MITCHELL.

K. Allen also said that he wished to thank JoLynne for her dedication and service to this community.

2. Discussion on process to fill the open position

R. Nichols said that our current ordinance gives us 10 days to act on the replacement on this position or at the next regularly scheduled City Commission meeting after the occurrence of the vacancy. In the past, it appeared either a nomination was readily available or letters of interest were taken for this open position.

Jeff Hancock, Interim City Manager, said that the Commission needs to decide to advertise and accept letters of interest and vote at the next meeting. If they decide to do this, you may need to consider moving your next meeting up to 2:00 p.m. or 3:00 p.m.

P. Allen said that the next regularly scheduled meeting is outside of the 10 days.

Jeff Deane said that the ordinance does state 10 days. You can decide on a different amount of time. This ordinance was passed in 2005.

K. Allen said that when he was City Commissioner years ago, Bill Brittain was elected to the County Commission. He ended up resigning as City Commissioner to take that position. Kevin invited Barbara Wood to take his position. She decided to and fulfilled his position. That is why he proposed the Charter Ordinance to offer the position to the next person who was in line from the election results.

L. Watts said that Charter Ordinance was not passed by the Commission.

K. Allen said that he felt it was the right thing to do. He said that the next person in line from the last election was Deb McCoy.

R. Nichols said that he felt opposite of his opinion. This is not the proper way to fill this position. She was not elected by the people and this is not the will of the people.

L. Watts said that she also disagreed with this. By taking letters of interest, it gives the opportunity to anyone in the City limits to apply for this position. This does not take away anyone’s opportunity to apply.

K. Allen made a motion to ask Deb McCoy to fill this open position.  P. Allen seconded.  K. Allen and P. Allen voted aye.  L. Watts and R. Nichols voted no. No further votes were called or cast, and the motion failed 2-2.

K. Allen asked what to do in a tie situation.

Jeff Deane said that the City Attorney is the deciding factor. He said that he will encourage the Commission to force someone who is acceptable to at least three of them. He hopes that at least three if not four, will find someone acceptable for this position. He does not want his hand forced to have to break a tie.

P. Allen said that is what he expected – a 2-2 vote. He would like the City Commission to take Jeff Deane’s advice and work together to find a person that three out of four of them can live with. All of them have different opinions. The Commission has to select a person that at least three of them can agree on. He recommended changing the date to December 1^st. Leaving their decision to a 2-2 vote is not fair to the Commission, the City Attorney, or to the citizens. Pete said that each of them can even list names of people they want to recommend for this position.

L. Watts said that each of them should reach out to individuals as well as accepting letters of interest. She also stated that she does not think that by voting no, that Deb McCoy should not submit a letter of interest and she should if this is something that she wants.

Discussion was held on dates that a meeting could be held to review letters of interest and submitted names, as well as select a person and instantly expect them to attend a meeting that same evening.

L. Watts moved to approve to accept letters of interest to be received by 12:00 p.m. on November 30^th, 2020. Also, submitted names by the City Commissioners for the open position that they recommend will be reviewed. It was also moved to meet on Monday, November 30^th, 2020 at 6:15 p.m. to go over the submitted names. P. Allen seconded. P. Allen, L. Watts, and R. Nichols voted aye. K. Allen voted no. Motion carried 3-1.

approved to accept letters of interest to be received by 12:00 p.m. on November 30^th, 2020. Also, submitted names by the City Commissioners for the open position that they recommend will be reviewed. It was also moved to meet on Monday, November 30^th, 2020, at 6:15 p.m. to go over the submitted names.

ADJOURNMENT:

L. Watts moved to adjourn the meeting at 10:40 a.m. P. Allen seconded. All voted aye.

ADJOURNED MEETING AT 10:40 A.M.

Respectfully submitted,

Diane K. Clay, M.M.C.

City Clerk

CITY OF FORT SCOTT

CITY COMMISSION MEETING

Minutes of November 17^th, 2020 Regular Meeting #21

The regular meeting of the Fort Scott City Commission was held November 17^th, 2020 at 4:30 p.m. in the Corey Larson Gymnasium at Buck Run Community Center, 735 S. Scott Avenue, Fort Scott, Kansas.

ROLL CALL:

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

EXECUTIVE SESSION:

Mayor Mitchell said that they need to recess into Executive Session to discuss the search for a City Manager with Osenbaugh Associates for 1 and ½ hours.

Discussion was held regarding why this discussion needed to be in Executive Session.

Jeff Deane, City Attorney, informed them that they will be discussing the qualities of a City Manager and what you found enjoyable and what you did not care for in a City Manager, and you could discuss issues about previous City Managers, which would apply to the exception. You are protecting the privacy and rights of individuals.

L. Watts moved that the City Commission recess into Executive Session for the purpose of discussing non-elected personnel exception in K.S.A. 75-4319(b)(1). The open meeting will resume in the Corey Larson Gymnasium at Buck Run Community Center at 6:00 p.m. R. Nichols seconded. K. Allen, R. Nichols, L. Watts, and J. Mitchell voted aye. P. Allen voted no. Motion carried 4-1. This included the City Commission, City Attorney, Don Osenbaugh and John Deardoff of Osenbaugh Consulting.

L. Watts moved that the City Commission come out of Executive Session at 6:00 p.m. J. Mitchell seconded. All voted aye.

INVOCATION: Pastor Paul Rooks, Grace Baptist Tabernacle, said a prayer asking God for guidance for the City, our Government and City officials.

AUDIENCE IN ATTENDANCE: Travis Shelton, Russell Lingerfelt, Nate Stansberry, Dave Bruner, Megan Felt, Norm Conard, Donna Bowman, Beth Nuss, Janice Allen, Michael Hoyt, Don Osenbaugh, John Deardoff, Jeff Hancock, Rachel Pruitt, Ally Turvey, Heather Ethridge, Jason Pickert, Clayton Miller, Deb Needleman, Deb McCoy, Diana Morriss, Craig Campbell, Paul Rooks, Max Fanning, Anne Rawlins, Lindsay Madison, Chad Brown, Michael Mix, and representing the press, Tammy Helm, Fort Scott Tribune.

IV. PROCLAMATIONS/RECOGNITIONS: None

V. CONSENT AGENDA:

1. Approval of minutes of the regular meeting of November 3^rd, 2020 and special meeting of November 9^th, 2020.

2. Approval of Appropriation Ordinance 1275-A totaling $249,568.42.

3. Request to Pay – Insco Industries – $9,527.65 – Water Plant Clarified project

4. Request to Pay – Olsson Associates – $2,255.00 – Airport Runway Extension Engineering project

5. Request to Pay – Lauber Municipal Law Firm – $24,132.50

6. Request to Pay – 3RK – $26,984.07 – Housing Grant

7. Request to Pay – HDR Engineering – $1,477.50 – River Intake Project

8. Christmas Parade Permit Form – December 1^st, 2020 – 6:00 p.m.

9. October financials

R. Nichols moved to approve the Consent Agenda. L. 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.

Public Comment:

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

Diana Morriss – She said she has become quite discouraged with addressing this body. She asked herself why she should bother, but it’s because she cares about democracy, she cares about justice, and she cares about this city that has been her home for most of her adult life. If the Commission won’t hear her, at least the citizens that are here tonight or watching will hear. She is here tonight with a recurrent concern. That concern is a lack of transparency. If each of you Commissioners were well enough versed on the Kansas Open Meetings Act, this might not be a recurrent issue. Transparency requires the legal conduct of open meetings. In the interest of transparency, it would be beneficial if you would ensure that open discussion took place in changes in our city government and especially with high dollar budget items. Granted, democratic process is messy and it takes time, that we’d all prefer to be at home with our feet up, but you chose to govern in this system. It is her belief that transparent governance of the city would allow the public to observe your discussions and observe your thinking processes as you weigh actions that you are considering. The special meeting that took place on November 9^th left her feeling quite disturbed. It was stated at the Commission meeting on October 29^th, that discussion of hiring an Interim City Manager would take place following the outcome of the vote on the sales tax. The Thursday following that meeting was the day that the provisional ballots were counted, so that would have given us the true outcome of that tax proposal, which by the way only passed by 400 votes. That made your special meeting a bit premature and avoided the public sharing of your thought processes regarding filling this position. You chose to have a discussion completely behind closed doors in an executive session on November 9^th. It was stated during that short public portion of the meeting that hours and hours of research had gone into the decision. Why then would those findings of the research not be shared publicly? Would that not be a really good method for transparency? At the foundation of the issue regarding City management and budget concerns, she assured them that they would be most interested in hearing about the budget cuts that will afford a salary for an Interim or a replacement manager as we continue to generously fund the retirement of the past person filling that position. It is difficult for her to believe that this position can be funded without major cuts elsewhere in the City budget, she is eager to hear your plans. Those plans must recognize the poor condition of the infrastructure and the desperate need for more City employees to accomplish the work that will be required. Fort Scottians, if you have not watched the special meeting from November 9^th, she strongly encouraged them to do that. Most of the time is executive session, so just skip to the last five to seven minutes for the public portion. Your Commission voted 3-2 to offer an Interim position to Jeff Hancock without a firm contract and without budgetary allowances being explained. She is seriously concerned about an offer being made that did not include a job description. During the public portion of the meeting, she felt the conversation and motion surrounding the contract extremely unclear. She congratulated Ms. Clay for her ability to sort it out and make the motion in some sort of accurate form. From those special meeting minutes, she quoted, “R. Nichols moved that we engage Osenbaugh Consulting Firm and begin the process with them as soon as possible.” She assumes that the process is the development of a contract. “L. Watts seconded and recommended adding that since we have a draft of a contract that the H.R. Director and the Mayor finalize this contract. R. Nichols moved to add that to his motion and L. Watts seconded the motion”. If you observe the meeting, you will hear Ms. Watts stating, “there’s no contract”, and a few moments later she states, “we actually have the contract in front of us or a draft of the contract.” Transparent? Commissioners, I think not. Having more stress placed on our already stressed budget and this before we even have an opportunity to weigh in as a community. Should you find this transparency lacking as I have, it’s my hope that the citizens will make their voices heard and that you three Commissioners who voted in favor of this will be able to adequately explain your decision.

Lindsey Watts said that she apologized to her. She said that she has apologized to others for not explaining her position to the public. She said that she will be happy to provide information on research that was done. There were multiple options on the table, and she researched them for the Commission. These options included looking at our current City staff. She said that they did have a draft contract in front of them for the Osenbaugh firm which is who was hired to fill the City Manager position and search. She apologized if this was not explained perfectly.

Kevin Allen asked the City Attorney to explain why the Commission had to go into Executive Session to talk to the firm that is finding us a City Manager.

Jeff Deane said that the exemptions used in this case was K.S.A. 75-4319(b)(1), which is personnel matters of non-elected personnel. This protects the privacy of the persons discussed, whether current employees or fired or dismissed, retired or resigned employees. This protects their privacy of all those involved.

Deb McCoy – At the November 3^rd City Commission meeting, and the same day as the national election, a motion was made to table the discussion on a search for City Manager. Commissioner Watts made a motion to table discussion until a special meeting can be held after we understand the sales tax issue and the budget. She said she had a few questions. She asked who made the decision to get together after the election to begin the process of finding a new City Manager or has there been persons working behind the scenes since or before the October 31^st newspaper article in the Fort Scott Tribune. Who decided that an employee who had qualifications to be an Interim City Manager would not be considered? You recommended Jeff Hancock who recommended Osenbaugh Consulting Firm for the process of the City Manager, and who was included in the process of decisions to go with Jeff Hancock and Osenbaugh Consulting Firm. How many City Commissioners have actually met or had the opportunity to speak with the recommended candidate Jeff Hancock before tonight? How many City Commissioners were included in the decision to use Osenbaugh? At the last Commission meeting, it appeared you were going to seek assistance from the Kansas League of Municipalities as stated by Commissioner Randy Nichols. They, the League, would kind of hold our hand through the whole process. How is it that there was already a draft contract ready for a special meeting held on November 9^th just three working days after the election. Being present in the audience on the November 9^th meeting, it was very apparent there were present Commissioners that were working behind the scenes that did not include all the Commissioners as stated by Pete Allen at the meeting. He said you are asking us to vote on something that we know nothing about and keeping part of the Commission in the dark until it is time to spring it on. Commissioner Watts apologized and said that prior to the meeting each Commissioner was gathering information beforehand. She had spent 16 hours on Wednesday gathering information for Thursday’s meeting. What happened to work sessions and involving all of the Commissioners in the process? It is apparent there has been major decisions made behind the scenes by only a chosen few Commissioners. Why were the other two Commissioners not invited to participate in this very important decision and why behind closed doors? She said she would remind them in the 2020 Governing Body Handbook from the League of Kansas Municipalities on page 42, and she quoted, “When the Council or Commission is not in session, individual members have no more legal authority than a private citizen”. The phrase, Governing Body, is defined in K.S.A. 12-104 as follows, “In Commission and Commission-Manager cities, the Mayor shall be considered part of the city governing body in all matters. Mayor Mitchell, were you involved in the above research and decision making process? She said she wanted to continue the quote. “action outside of a meeting is not binding. An action of a City governing body cannot be taken by individual members acting independently. The Governing Body must act as a body or unit. Members of the Governing Body must assemble at a properly convened meeting in order for action to become an action of the City. Any powers that the Governing Body attempt to exercise outside of an official meeting of the Governing Body, as in the case of council committees, must be power that has been specifically delegated by the Governing Body. The final authority is the duly constituted Governing Body of the city as it meets”. Her question to Commissioner Watts is, was the power to spend so many hours on an investigation delegated to you by the Governing Body? She said she was again going to remind them that actions are not within the statutory requirements to the contrary, but the general legal rule is that the majority of the Governing Body in a Commission city constitutes a quorum. All constituents should have been in contact and given the opportunity to participate in your search and decisions that were made. In review today of our City expenditures, our City Attorney’s billing statement on 10/26/2020, documented that there were interactions with Lindsey Watts and Randy Nichols regarding “options for Interim City Manager vacancy and research for options on manager vacancy and a telephone call to Mr. Hancock to discuss a proposal made to the Commission”. This was done before Dave Martin’s final day of 10/30/2020 as City Manager. How can this be? We are being led down a rabbit hole and it is getting deeper and deeper. We are being misled by the statements that were made and this is the epitome of corruption.

Lindsey Watts asked the City Attorney about the discussions that were discussed in Executive Session that would answer a lot of these questions. She asked if the Commission could lay out a consolidated timeline that does not cover personnel.

Jeff said that what goes on inside Executive Session is not to be revealed, but the Commission can release a statement and you can vote whether to release it or not.

Discussion was held on what information could be released to the public and whether to release any information or not.

Michael Hoyt – He said he was going to break out in song. He said it’s a little too late to do the right thing. He addressed Jeff Deane and said that he cannot add words to a statute. Nowhere in the statute does it say that you can have an executive session for fired or previous employees. It does not say that. It says personnel matters of a personal nature of non-elected personnel – current employees. We can talk all we want to about Abraham Lincoln today, but he’s not an employee of the City of Fort Scott. He wanted to read an article from the Marion County Record. The headline reads, “Plan to hire an administrator discussed illegally in secret. Although no one has approved a plan to hire the long discussed county administrator, commissioners revealed a plan on Monday to recruit one, even without a job description. Commissioners discussed the proposal presented by the Commission Chairman behind closed doors using the personnel matters exception for open meetings law. There is no language in that law for a prior employee, a dead employee, a retired employee, it says current employee”. He said that he has already discussed this with Mr. Deane. His reply to him in an email was berating that he wanted to know what’s going on here. He said he had a right to know what’s going on here as well. He expects all five of them to answer how they can violate the law when you’re having these executive sessions. Madam Mayor, your time is up. He is going to recall you right along with the other two. Keep in mind he can only recall two at a time.

K. Allen said that they go on the advice of the City Attorney. If they go down, he will go down with them.

Old Business:

1. Discussion of skating rink – Allyson Turvey, Community Development Director, and Craig Campbell, informed the Commission that after the last meeting, she was given direction to look at Memorial Hall for a skating rink. When they started researching this, they found out some other community members had started this process. They decided to join forces with them so Craig Campbell is here also. Craig pointed out that the old gym at Buck Run doesn’t get a lot of use. You will see a comparison on Buck Run gym versus Memorial Hall. There were pros and cons to consider and some items make Buck Run more feasible. There is staffing available here as well as a point of sales system in place. The heat and air is already running and the building is being cleaned. The two biggest items were the actual floor for the rink and the skates. They had a man who refinishes flooring look at both facilities. The floor at Memorial Hall is not in good shape and it would cost a minimum of $10,000 to sand the floor down and get it in shape. Buck Run gym floor is already in good condition but just needs a good cleaning. They looked about getting 200 roller skates and it looks like they cost about $30.00 each. That is a major investment. Craig mentioned about renting roller skates. There are companies that offer that service, but they like to work with school districts. Buck Run already has that in place as they work with USD 234. She asked for direction to move forward with the Buck Run option rather than Memorial Hall.

Craig said that there is nostalgia going with Memorial Hall rather than Buck Run. Using Buck Run would get this project going quicker than Memorial Hall and would also be inexpensive. They received some information from Angie Kemmerer, who is an educator at USD 234. She polled some students and the feedback was very good from the students. If this idea goes over well, Memorial Hall could be resurfaced and could be used eventually. They would like to have this up and running by the end of December.

Craig and Ally thanked Leah Bowman for her assistance in this project.

The Commission all agreed with the idea of starting with Buck Run and moving forward.

2. Consideration of roof replacement at Wastewater Treatment Plant – Nate Stansberry, City Engineer, informed the Commission that he is appearing again on the roof replacement. His recommendation as well as the engineering firm that did the specifications recommended the low bid from Joplin Roofing Co., Inc. in the amount of $29,368.00.

P. Allen moved to approve the low bid from Joplin Roofing Co., Inc. in the amount of $29,368 for the roof replacement at the Wastewater Treatment Plant. L. Watts seconded. All voted aye.

APPROVED THE LOW BID FROM JOPLIN ROOFING COMPANY, INC. IN THE AMOUNT OF $29,368.00 FOR THE ROOF REPLACEMENT AT THE WASTEWATER TREATMENT PLANT.

Appearances:

Norm Conard – Unsung Heroes Park – Norm Conard, Lowell Milken Center Director, informed the Commission that they desire for the City to deed the Unsung Heroes Park to the Lowell Milken Center. Mr. Lowell Milken has donated thousands of dollars to this park.

Beth Nuss, who is the coordinator for the park, said that she remarked that Mr. Milken needs to be recognized for all his efforts and money donated to this community. They have a beautiful center at the corner of Wall and Main. This is a huge tourist attraction now. Beth said that her committee is made up of Carolyn Sinn, Elaine Buerge, Bernita Hill and herself. They have been working on this for a lot of years. They got a grant from Timken and used this for improvements. Mr. Milken came through with funding for the waterfall attraction at the park and she thanked him.

Norm asked that the City deed the property over to the non-profit Lowell Milken Center. Mr. Milken’s donation has been over $100,000 and will be close to $200,000 towards this park. They look to begin to finish the park in the spring of 2021. They would like to have it completed by the All School Reunion in June of 2021. The Center will be responsible for maintenance, upkeep, and insurance for the Unsung Heroes Park.

K. Allen moved to approve the City deed the Unsung Heroes Park to the non-profit Lowell Milken Center. J. Mitchell seconded. All voted aye.

APPROVED FOR THE CITY TO DEED THE UNSUNG HEROES PARK TO THE NON-PROFIT LOWELL MILKEN CENTER.

New Business:

1. City Employee Christmas Bonus – Deb Needleman, Human Resource Director, informed the Commission that during the budget session, that money for raises were not included. Money for the Christmas bonus was included as well as the turkey certificate. The turkey certificate is from Butcher Block. The Christmas bonus is for $100/full time employees, $50 for ¾ time employees, and $25/part-time employees. This amounts to $10,325.00.

R. Nichols moved to approve the Christmas bonus for City employees. L. Watts. All voted aye.

APPROVED CHRISTMAS BONUS FOR CITY EMPLOYEES.

 

2. Interim City Manager Contract Approval – Deb Needleman, Human Resource Director, said after the last executive session she was asked to secure a contract for the Interim City Manager. She introduced Jeff Hancock to the City Commission. Mr. Hancock works for Management Partners, Inc. and this contract is between the City and Management Partners, Inc. His rate of pay will be $5,500 per month. This is a four-month contract and includes a 15 day period for termination. He would be in Fort Scott three days a week.

Mr. Hancock introduced himself to the Commission and gave some background information on himself. He has been in City government for 47 years in 10 different cities.

Discussion was held regarding the amount of monthly pay, his role of City Manager, and what his daily activities would be.

R. Nichols moved to approve the contract with Management Partners, Inc. and approve the hiring of Jeff Hancock as Interim City Manager on a four month basis. L. Watts seconded. R. Nichols, L. Watts and J. Mitchell voted aye. K. Allen and P. Allen voted no. Motion carried 3-2.

APPROVED THE CONTRACT WITH MANAGEMENT PARTNERS, INC. AND APPROVE THE HIRING OF JEFF HANCOCK AS INTERIM CITY MANAGER ON A FOUR MONTH BASIS.

Kevin Allen left the room at 7:25 p.m.

3. Skitch’s Hauling & Excavation Invoice – $1,377.00 – J. Mitchell said the invoice for Skitch’s Hauling & Excavation is before them for approval.

 

R. Nichols moved to approve the Skitch’s Hauling & Excavation invoice in the amount of $1,377.00. L. Watts seconded. All voted aye.

 

APPROVED SKITCH’S HAULING & EXCAVATION INVOICE IN THE AMOUNT OF $1,377.00.

Kevin Allen returned at 7:27 p.m.

 

4. Consideration to purchase a used vehicle from Kansas Highway Patrol to replace the K-9 vehicle – Travis Shelton, Chief of Police, informed the Commission that he is requesting to purchase a used vehicle through the Kansas Highway Patrol Fleet Sales Program. Kansas Highway Patrol provides used vehicles to law enforcement agencies with some equipment provided and installed. They sell Dodge, Ford, and Chevrolet and vehicles that are under 50,000 miles with the exception of K-9 vehicles which are taken offline at 70,000 miles. He asked approval to purchase a vehicle at a cost of $25,000 or under through K.H.P. The current vehicle has over 134,000 miles and is starting to have equipment issues. Chief Shelton also asked to waive the bidding process this time as they will be using the K.H.P. program.

Discussion was held regarding if the officer takes this vehicle to his personal home and Chief Shelton said that he does as he is called out all hours of the day and night. This vehicle is equipped for the transfer of a K-9 dog.

P. Allen asked if the police officer and the dog could appear at a future meeting and give statistics regarding call outs and the dog and his drug finds.

L. Watts moved to approve to waive the bidding process and purchase a used K-9 vehicle through Kansas Highway Patrol at a cost up to $25,000. R. Nichols seconded. All voted aye.

APPROVED TO WAIVE THE BIDDING PROCESS AND PURCHASE A USED K-9 VEHICLE THROUGH KANSAS HIGHWAY PATROL USED FLEET SALES AT A COST UP TO $25,000.

5. Police and Fire SPARKS grant funding (Exception to bidding process) – Dave Bruner, Fire Chief, informed the Commission that in late September the City was notified that our grant application for SPARKS funding was approved. The first round of reporting was due on November 5^th for purchases made through October. The next round of reporting is due by December 5^th. In order to meet the guidelines set forth by the State of Kansas, we must have all funds expended by December 5^th. There will not be extensions granted if funds are not spent by this date. This time frame does not allow for the City to complete the competitive bidding process as set forth by the purchasing policy. We have also been told by several vendors that they are overwhelmed with purchases from other cities that are utilizing SPARKS funding like the City of Fort Scott and may not be able to meet the deadline. We are asking the Commission to provide an exception and allow us to use quotes received in lieu of the bidding process. There are quotes attached in the packet that the Commission received. These items are all over the $5,000 threshold but are sole source purchases to integrate with our current systems in Public Safety. The Fire Department is requesting purchase of four (4) Self Contained Breathing Apparatus (SCBA) units in the amount of $23,532.00. Casco Industries, Inc. of Shreveport, LA was the low bidder in the amount of $23,532.00. He asked for approval for the SCBA units. K. Allen moved to approve to waive the bidding process for the (4) SCBA units and approve the purchase from Casco Industries, Inc. in the amount of $23,532.00 to be paid for with SPARK funding. L. Watts seconded. All voted aye.

approved to waive the bidding process for the (4) SCBA units and approve the purchase from Casco Industries, Inc. in the amount of $23,532.00 to be paid for with SPARK funding.

Jason Pickert, Captain, Fort Scott Police Department, informed the Commission that they also secured bids with SPARK funding for items that are needed. One of the biggest items is the electronic citation system. This will replace the current paper citation system and save time. The City uses Tyler Technologies and this would integrate with the City’s system. The cost is $28,727.02 and the licensing is $9,720.00 Also looking to purchase is five (5) MDT computers for their in-car use. The low bid was from Turn-Key Mobile, Inc. in the amount of $30,833. Also looking to purchase is five (5) computers for telework at a cost of $14,161.56 from Connection.gov which was the low quote. He asked for approval to waive the bidding process due to the time constraints and purchase these items with SPARK funding.

K. Allen moved to approve the Police Department purchases with SPARK funding and to waive the bidding process. L. Watts seconded. All voted aye.

APPROVED TO PURCHASE THE ELECTRONIC CITATATION SYSTEM THROUGH TYLER TECHNOLOGIES AT A COST OF $28,727.02 AND LICENSING FOR $9,720.00; FIVE COMPUTERS FOR IN-CAR VEHICLES AT A COST OF $30,833; AND FIVE COMPUTERS FOR $14,161.56 AND TO WAIVE THE BIDDING PROCESS AS THESE ITEMS ARE BEING FUNDED THROUGH SPARKS FUNDING.

6. Consideration of Parks Board Members -5 members – Diane Clay, City Clerk, informed the Commission that letters of interest were received for the Parks Board. There were seven (7) letters of interest received which included the following individuals: Josh Jones, Frank Halsey, Alison Leach, Seth Needham, Jana Walker, David Harrison, and Madison Jones. Votes were taken and tallied for the following board members to be appointed: Frank Halsey, Alison Leach, Seth Needham, Jana Walker, and a tie between Josh Jones and Madison Jones. A vote was taken between Josh Jones and Madison Jones with Madison Jones being declared the winner.

L. Watts asked that a list of all the City parks and ball parks be given them and who is responsible for which park.

City Clerk will get that information for them.

P. Allen moved to approve Frank Halsey, Alison Leach, Seth Needham, Jana Walker and Madison Jones. The Board will decide on the terms. K. Allen seconded. All voted aye.

approved Frank Halsey, Alison Leach, Seth Needham, Jana Walker and Madison Jones. The Board will decide on the terms.

 

7. Approval of ballot verbiage for Charter Ordinance No. 31 – Jeff Deane, City Attorney, informed the Commission that he has talked to the County Clerk about the verbiage for the ballot vote. The ballot shall read as follows: Shall Charter Ordinance No. 31, entitled A Charter Ordinance Exempting the City of Fort Scott, Kansas from the provisions of K.S.A. 12-631p relating to the disposition of sewer and storm sewer reserve funds take effect? Yes or No.

L. Watts moved to approve the verbiage for the ballot vote for Charter Ordinance No. 31. J. Mitchell seconded. All voted aye.

APPROVED THE VERBIAGE FOR THE BALLOT VOTE FOR CHARTER ORDINANCE NO. 31. THE BALLOT SHALL READ AS FOLLOWS: Shall Charter Ordinance No. 31, entitled A Charter Ordinance Exempting the City of Fort Scott, Kansas from the provisions of K.S.A. 12-631p relating to the disposition of sewer and storm sewer reserve funds take effect? Yes or No.

 

8. Consideration to change meeting time for the December 1^st, 2020 meeting to 4:00 p.m. to allow for attendance at the Christmas parade – Diane Clay, City Clerk, informed the Commission that the next meeting is scheduled to begin at 6:00 p.m. on December 1^st, which is the same night as the Christmas parade which also begins at 6:00 p.m. The Mayor is scheduled to light the tree. She recommended moving the meeting to 4:00 p.m. that evening.

L. Watts moved to change the meeting time for the December 1^st, 2020 meeting to 4:00 p.m. to allow for attendance at the Christmas parade. J. Mitchell seconded. All voted aye.

approved to change the meeting time for the December 1^st, 2020 meeting to 4:00 p.m. to allow for attendance at the Christmas parade.

Reports and Comments:

1. Director Reports:

Susan Bancroft (written report in packet)

Michael Mix – Michael brought the Commission an update on the lining of sanitary sewers. He gave an update on open cut work that the City workers completed. He shared comparisons on hiring more City workers and bidding the work out.

2. Commissioner Reports and Comments:

L. Watts – Remarked that there have been a lot of changes these last few months and that the information has not been put out as much as it should have been. She is working diligently to do research on various issues. She is happy to discuss any issues with anyone.

She asked if there was a Planning Commission date set.

City Clerk said it is November 30^th.

L. Watts asked if the location could be moved.

Diane said that we need to check with the City Attorney as it is published.

R. Nichols – Remarked that he is sorry that the perception of corruption is going on. The retirement of Dave Martin and moving forward and the explanation has been difficult. We all don’t agree on issues but we are communicating with various people in the community. As Dave worked through his retirement, we had multiple closed sessions on that, which needed to be done due to the nature of it. There was a consensus and approval, but Lindsey was working hard on issues independently. He recognized that we would be moving quickly through the process and not have a designated leader. This included calling the League of Kansas Municipalities and getting their opinion. He gathered information to avoid a K.O.MA. violation. The information he had was brought back to the meetings and everyone had a copy of it. There was nothing hidden, no preconceived agenda, no agreements made outside of those meetings. They did collect information in order to make appropriate decisions. To say otherwise, bothers him. They all had the ability to talk to Jeff Hancock and Jeff Deane on any issues. We were elected to make decisions and were at a point where we were winding up leaderless and took the initiative to find information. That is how they got to where they are. We are moving forward. He appreciates both Jeff’s and looks forward to working with both of them. He said anyone is welcome to call him at any time. The Commissioners were all engaged and that’s how we got here.

P. Allen – He said he would like to comment on Randy’s comments. He thinks the process we went through to get here stinks. He thinks that the public has found out that it stinks. We need to do it up front.

K. Allen – He remarked that his feelings are that he would have liked to have had a special meeting after the City Manager resigned. He congratulated Jeff Hancock and welcomed him to the show. He also thanked Ally and Craig Campbell on the skating at Buck Run. The kids will love that. He thanked the City crews for replacing the Lake Fort Scott valve. The valve was repaired and fixed. He asked Michael if they were going to put a secondary valve on it.

Michael Mix said yes. They were going to order a new valve. A refurbished valve is not an option.

J. Mitchell – Nothing to report.

City Attorney Report and Comments: Nothing to report.

Interim City Manager Report and Comments: Jeff said that he looks forward to meeting individually with each of them. He found out he has a staff meeting in the morning at 9:00 a.m. with the Directors and will get to know them.

Adjournment:

R. Nichols moved to adjourn the meeting at 8:38 p.m. L. Watts seconded. All voted aye.

ADJOURNED MEETING AT 8:38 P.M.

Respectfully submitted,

Diane K. Clay, MMC

City Clerk

NOTICE OF AND AGENDA FOR
MEETING OF FORT SCOTT CITY COMMISSION
BUCK RUN COMMUNITY CENTER
COREY LARSON GYMNASIUM
735 SCOTT AVENUE
DECEMBER 1, 2020
3:00 P.M.

Call to Order
I. Roll Call:
K. Allen P. Allen L. Watts R. Nichols
II. Flag Salute:
III. Invocation: Led by: (To be Announced)
IV. Swearing in of New City Commissioner:
V. Approval of Agenda:
VI. Proclamations/Recognitions:
VII. Consent Agenda:
A. Approval of minutes of the regular meeting of November 17th, 2020, special meeting minutes of November 19th, 2020 and November 20th, 2020.

B. Approval of Appropriation Ordinance 1276-A totaling $333,877.13.

C. Request to Pay – Olsson Associates – $2,255.00 – Airport Expansion Engineering

D. Request to Pay #14 – Crossland Construction – $47,954.38 – River Intake Structure (final payment)

E. Request to Pay – #9 – Rory Chaplin – $1,043.38 – MIH Housing Grant

VIII. Public Comment:
(Sign up required. Comments on any topic not on agenda and limited to five (5) minutes per person, at Commission discretion)

IX. Old Business:

1. Unsung Heroes Park Deed from the City to Lowell Milken Center

X. Appearances:

Josh Regan – Gunn Park Closure
Carey Spoon – S.E.K.R.P.C. – Mayco Ace Grant

XI. New Business:

1. Election of City Commission President
2. Resolution 19-2020 of the Governing Body to annex property owned by Peerless Products, Inc. into the City limits
3. Fire Truck Financing Lease Bids
4. Consideration of Golf Cart Lease Bids
5. Consideration of Library Board Member – 1 member
6. Consideration of Lake Advisory Board Member – 1 member
7. Lake Fort Scott Discussion:
-Changing Ordinance 12.28.220 to remove the holding tank section of the ordinance as all residences are required to hook up to the Lake Sewer District #1 (Approval of Ordinance No. 3569)
-Discussion of buoys at Lake Fort Scott

XI. Reports and Comments:
A. Director Reports: Susan Bancroft – Update on St. Martin’s Academy
Water Rates
Charter Ordinance No. 31
Sales Tax
Assessment Abatement
County Tax Sale

Nate Stansberry

B. Commissioners Reports and Comments:
C. City Attorney Reports and Comments:
D. Interim City Manager Reports and Comments:
XII. Executive Session – If requested, (please follow script in all motions for Executive Sessions)
XIII. Adjournment:

                                                                                                                                                                 Fort Scott Commission Special Meeting Agenda, Nov. 30 at city hall, 123 S. Main,  at  6:15 p.m.

1.   ROLL CALL:

 

1. ALLEN             P. ALLEN                    WATTS                    NICHOLS

 

1.   CONSIDERATION:

 

1. Review submitted letters of interest and submitted names by City Commissioners for the open City Commission position

 

MOTION FOR ADJOURNMENT: ROLL CALL

 

The City Commission will meet for a special meeting at 6:15 p.m. on Monday, November 30^th, 2020 at City Hall in the City Commission meeting room at 123 South Main Street, Fort Scott, Kansas. The City Commission will meet to review the submitted letters of interest as well as the City Commissioner’s submitted names to fill the open City Commission position.

This meeting will be broadcast on the City’s You tube channel. This meeting is open to the public.