NOTICE OF AND AGENDA FOR
MEETING OF
FORT SCOTT CITY COMMISSION
BUCK RUN COMMUNITY CENTER

COREY LARSON GYMNASIUM

735 SCOTT AVENUE
JANUARY 5, 2021
6:00 P.M.

Call to Order

1. Roll Call:

K. Allen P. Allen J. Jones L. Watts R. Nichols

II. Flag Salute:

3. Invocation: Led by: Pastor Paul Rooks, Grace Baptist Tabernacle

4. Approval of Agenda:

5. Proclamations/Recognitions:

6. Consent Agenda:

1. Approval of minutes of the regular meeting of December 15^th, 2020, and special meeting minutes of December 14^th, 2020 and December 29^th, 2020.

2. Approval of Appropriation Ordinance 1278-A totaling $699,215.47.

3. Resolution 1-2021 designating the official City newspaper.

4. Resolution 2-2021 designating the official City depositories for public funds.

5. Resolution 3-2021 designating exemption from Generally Accepted Accounting Principles under KSA 75-1120(a).

6. Request to Pay – Olsson Associates – Airport Runway Extension Project – Engineering – $1,062.50

7. Request to Pay – Suez Treatment Solutions, Inc – $15,450.30 – Ozone Generator Convertor due to fire

8. Request to Pay – Suez Treatment Solutions, Inc. – $169,062.30 – SCADA Upgrade

9. Request to Pay – 3RK – MIH Housing Grant – $13,534.97

VII. REORGANIZATION OF CITY COMMISSION AND ELECTION OF MAYOR, COMMISSION PRESIDENT, B.C.E.D.C.I. REPRESENTATIVE, AND FORT SCOTT HOUSING AUTHORITY DELEGATE

1. 1. Election of Mayor
   2. Election of Commission President

   3. Election of Bourbon County Economic Development Council Inc. Representative

   4. Election of Fort Scott Housing Authority Delegate

3. Public Comment:

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

3. Interim City Manager Reports and Comments

3. Director Reports: Allyson Turvey, Community Development Manager/Zoning Administrator/Tourism Manager

3. Old Business: None

3. Appearances: None

3. New Business:

1. Peerless Annexation – Approval of Ordinance No. 3571

(Approval from Bourbon County Commission meetings attached)

2. Zoning Change – Peerless – 2 tracts – Approval of Ordinance No. 3572

3. Consideration of Appointments to Design Review Board (3)

4. Consideration of Appointments to Tourism Board (2)

5. Consideration of Flow Fee Agreement – Heinan Brothers Ag Company – Fort Scott Municipal Airport

6. Skitch’s Hauling & Excavation, Inc. – October – $2,266.00 – November $2,538.00 – Port-A-Potties

7. Consideration of Tail Insurance Coverage

8. Extension of Flood Permit at 520 E. Wall Street – Greg Schick

XIII. Reports and Comments:

A. Commissioners Reports and Comments:

B. City Attorney Reports and Comments:

XIV. Executive Session – If requested, (please follow script in all motions for Executive Sessions)

XV. Adjournment:

CITY OF FORT SCOTT

SPECIAL CITY COMMISSION MEETING

Minutes of December 29, 2020 Special Meeting #19

A special meeting of the Fort Scott City Commission was held December 29^th, 2020 at 9:30 a.m. in the City Commission Meeting Room, 123 S. Main Street, Fort Scott, Kansas.

ROLL CALL:

Commissioners Pete Allen, Kevin Allen, Josh Jones, and Lindsey Watts were present with Mayor Randy Nichols presiding.

AUDIENCE IN ATTENDANCE: Travis Shelton, Rachel Pruitt, Lynette Westhoff, Susan Bancroft, Michael Hoyt, and Allyson Turvey.

CONSIDERATION:

1. Consideration of Quit Claim Deeds – Jeff Hancock, Interim City Manager, informed the Commission that he could have accepted these deeds, but Jeff Deane, City Attorney, thought it would be more transparent to have the meeting so there is documentation accepting these deeds. This is a $22 million investment in the downtown area which is just unheard of in small town America.

Rachel Pruitt, Economic Development Director, said that this is fulfilling the commitment made by the previous City Commission. There are two parcels to be deeded. This property does have a 13-year history of blight conditions documented in the Codes files. We were fortunate to get this property demolished by the developer. When the developer purchased this property, it allowed 1^st Street traffic to remain open. When the previous Western project was constructed, it closed 1^st Street. She heard from some of the businesses in that area on how this affected them with the street closure. RAU Construction has informed the City that they will have the lot cleared by the end of January or the second week of February at the latest. Most of the materials that is still on the lot is for the utility upgrade project that is going on in that block. This includes the LaRoche Development, E-3, and also Union Lofts. She said that it was brought to her attention that there are unpaid taxes on this property. She has asked for receipts for the taxes that have been paid but is waiting on the County since the Treasurer’s office has been closed to the public. The parcel number that begins with the “West 39.8 feet of Lot 11”, is where the actual building was. The other parcel that begins with “The East 80.2 feet of Lot 11”, is the vacant lot where the awning was. It was part of a family trust and the area was split several years ago. Rachel shared a map of the downtown area of the investment that includes the Lowell Milken Center. These investments amount to $27 million. The LaRoche Development, Margo’s, E-3, Hedgehog Book Store, Union Lofts, Modern Woodmen, and Lowell Milken Center amounts to 93% of the investment in the downtown area.

Josh said that based on the resolution he has in front of him and Rachel’s comment that the conclusion of the project will not be done until the end of January, he made a motion to table this until the end of January or first of February depending on when the construction is completed. Kevin Allen seconded.

Rachel said that this needs to happen before the end of the year for a lot of reasons. Some of these reasons are investment related, but it does need happen before the end of the year. That is why the meeting was held today. She said as far as construction, the Union Lofts is complete, and the delay is the utilities being relocated in the alley.

Jeff Deane, City Attorney, said that the main issue is that the agreement with Mr. Krsnich of Flint Hills Holding was not done in writing but was done verbally, and his position remains that the transfer would occur by the end of this year.

(Problems with the audio with Jeff Deane – he called into Commission room)

Lindsey said that it would be breaking the previous Commission’s commitment and breaking part of the verbal agreement on this project if we don’t accept it by the end of the year.

Randy asked why we would want to put this off.

Josh said that he was going off this resolution. He doesn’t want the City to take any liability of anyone getting hurt over the next 30 or 60 days. It’s a mess over there right now.

Lindsey asked about the liability of them using that property.

Jeff Hancock asked the City Attorney to address the liability issue from the City’s standpoint.

Jeff Deane said that the liability issue becomes the same liability basis that we have in relation to the alley and the streets. It’s the same risk that we face with people using our public streets. The primary liability still lies with the contractors and developer of the property. There is a change in our status with becoming the owner of the property, but we still have avenues against the people who are actually using the property just as we would if they were injured a few steps off the property on a City street.

Kevin asked if the items that are on that lot are the utility contractors. Is that true?

Jeff Deane said that his understanding is that the lot was being used for staging of construction materials for the project. The email that he saw from RAU Construction is that they would have it cleared by the second week in February by the latest. There may still be construction materials there from the Union Lofts project.

Kevin said that 75% of the items are his items. The rented boxes are from his company to RAU, a lift, and some items from CDL. It’s actually the construction company’s items that are there.

Rachel said that the City and the State have provided documentation of the completion of the Union Lofts. There is legal documentation from the State and the City that shows it is complete. They have already leased 10 of the 25 units and they have been given a temporary Certificate of Occupancy. The State is doing their final walk through today.

Josh asked Lynette Westhoff about the insurance side of this.

Deb Needleman said that the City does have its normal standard coverage. The City receives their Certificate of Insurance coverage. That Certificate of Insurance coverage would cover anything that would happen on City streets regardless.

Josh asked for the question to be called.

Lindsey asked based on the liability is why you are making the motion?

Josh said based on the resolution that states based on the conclusion of the construction use.

City Clerk re-read the motion to the Commission.

Lindsey said that we are being told that there is completion of the project, and she asked if he would amend his motion. This conflicts with what we are saying and trying to do.

Josh said that the State says the project is complete, but the construction use is not complete.

Jeff Hancock said that based on his knowledge and understanding of this project, he would recommend that the Commission accept this property before the end of the year. It is his duty to communicate his feelings to the Commission.

Josh asked why a special meeting had to be called for this.

Jeff Hancock said that technically we didn’t need the resolution. He was going to proceed with accepting the property due to the fact of the previous agreement. The City Attorney recommended approving the resolution accepting the two deeds, so we have documented the fulfillment of our contractual duty with this developer. That’s why the meeting was needed.

Kevin also Jeff Deane to explain about the tax credits and the $400,000 grant.

Jeff Deane said that the issue of tax credits was discussed with the previous Commission. It was a condition of the grants for the funds for the project. This was a ten-month discussion between the Commission and the developer. There was never a condition about tax credits in the minutes. It was City economic development funds that were used. This building was going to have to be demolished. There was no agreement drawn up by the prior City Attorney or the previous City Manager. This was addressed and discussed at the September 1^st, 2020 meeting. This is a verbal agreement or an informal contract, but is still enforceable. It makes it more expensive to prove what the contract had in it. Mr. Krsnich has said that based on the agreement, the property was to be transferred by the end of the year for tax purposes. This sounds reasonable to him. He would not have suggested that this meeting be held, but with all the difficulty we have had with this project, he wanted it out in the open and transparent for all to see. This fulfills the delivery aspect of the transfer of the property.

Josh asked if there was any liability surrounding the fact that this is a quit claim deed versus a warranty deed. Is the City liable for any back liens, taxes, judgements, or encumbrances on this?

Jeff Deane said that he called Mr. Krsnich yesterday and discussed how he obtained this property. He said it was obtained through a warranty deed. There was a title search done on it when he obtained the property.

Rachel said that they got a warranty deed.

Josh said that since the time that he got a warranty deed, if there are any liens, judgements, or encumbrances since that point, are we liable for that?

Jeff Deane said yes.

Josh asked that we get that in writing that he is responsible for any back liens, taxes, judgements, or encumbrances.

Pete said that he thinks that due to the controversy and mistakes on this project in the past and all these factors, he doesn’t think we should accept this resolution or these parcels. He asked for the vote to be called.

Lindsey asked if he was wanting a contract in writing? We have a verbal contract.

Pete said we don’t have a contract. We don’t deal in verbal contracts.

Jeff Deane said that a verbal contract is as enforceable as a written contract. It is just difficult to prove what is in there. Mr. Krnsich believes this is part of that contract.

Lindsey said we wish we had a written contract. This is the situation we are in. We are looking at millions of dollars in investment that this developer has made to this community. They want us to take part in what the previous Commission agreed to. If there is wording in a resolution that needs changed, then we need to change it. Breaking a contract and taking on the liability that the City takes on every single day would be a very big mistake for this Commission to do in this situation.

Josh asked if there were any restrictions on this property and if we can do with it whatever we wish to.

Jeff Deane said yes.

Josh said that he would amend his original motion to accept these two parcels and that any liability from now (date of signing) until the end of the construction use will be Flint Hills Holding responsibility. Also, in writing that any judgements, liens, encumbrances prior to the date of signing will be liable to Flint Hills Holding.

Pete said that a warranty deed needs to be presented, and not a quit claim deed.

Josh asked if the City Attorney could present that in writing.

Jeff Deane said that he has told him there are no encumbrances to the title since they acquired it. A title search was done at that time.

Rachel agreed that they did have a title search done. The building was a trustee’s deed and the awning was a warranty deed. The building was in Rosalie Stout’s Trustee name.

Jeff Deane said that the quit claim deed is the easiest way to do it.

Josh asked what the City Attorney’s recommendation was.

Jeff Deane said that Mr. Krsnich said that this is part of the agreement. It is a relative risk proposition. His advice is to take the deeds and record them. If we need to do something more extensive later, we can do that.

Lindsey asked if Josh’s amendment to the resolution is enforceable.

Jeff Deane said that you can put it in there but whether it is enforceable against Mr. Krsnich or Flint Hills Holding is debatable. Mr. Krsnich wants this transaction to happen by December 30^th, 2020 at 4:00 p.m. We have a short time frame to get this recorded with the County.

Josh said that a big investment has been made here and he wants to make sure that the City is covered.

Pete said that he thinks this resolution is a farce and a resolution of hearsay and that we are trying to clean up a mess that was created. We do not have a written agreement.

Josh amended his motion to accept these two parcels based on the verbiage that Flint Hills Holding is liable for any encumbrances, debts, liens, prior judgements from their time of purchase until the date they grant it to us, and also they take any liability responsibility of the area until the area is cleaned up from construction use. Lindsey Watts seconded. J. Jones, L. Watts, and R. Nichols voted aye. P. Allen and K. Allen abstained. Motion carried 3-2.

approved to accept these two parcels based on the verbiage that Flint Hills Holding is liable for any encumbrances, debts, liens, prior judgements from their time of purchase until the date they grant it to us, and also they take any liability responsibility of the area until the area is cleaned up from construction use.

ADJOURNMENT:

R. Nichols moved to adjourn the meeting at 10:14 a.m. R. Nichols seconded. All voted aye.

ADJOURNED MEETING AT 10:14 A.M.

Respectfully submitted,

Diane K. Clay, M.M.C.

City Clerk

CITY OF FORT SCOTT

CITY COMMISSION MEETING

Minutes of December 15^th, 2020 Regular Meeting #23

The regular meeting of the Fort Scott City Commission was held December 15^th, 2020 at 6:00 p.m. in the City Commission Meeting Room at City Hall, 123 S. Main Street, Fort Scott, Kansas.

ROLL CALL:

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

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

AUDIENCE IN ATTENDANCE: Travis Shelton, Russell Lingerfelt, Dave Bruner, Michael Hoyt, Jeff Hancock, Rachel Pruitt, Bret Shogren, Stan Jones, Thomas Decker, Monalynn Decker, Ian Johnson, Lynette Westhoff, Scott Johnson, Michael Miles, Max Fanning, Anne Dare, and Michael Mix.

PROCLAMATIONS/RECOGNITIONS: None

Mayor Nichols announced that the City Commission is getting closer to hiring a permanent City Manager. The Commission met on Monday, December 14^th and reviewed resumes and selected some semi-finalists. The Commission will meet again on Saturday, January 9^th, 2021 at 9:00 a.m. to interview these candidates.

There will be a work session next Monday, December 21^st, 2020 at 6:00 p.m. The proposed topic on the agenda is Charter Ordinance No. 31. A second item if time permits, is strategic planning for either streets or sewers.

ADDITIONS TO AGENDA: Mayor Nichols said that Item #8 under Consideration has been removed.

CONSENT AGENDA:

1. Approval of minutes of the regular meeting of December 1^st, 2020, and special meeting minutes of November 30^th, 2020

2. Approval of Appropriation Ordinance 1277-A totaling $428,332.67.

3. Certificate of Appropriateness – Signage at 17 S. Main – Star Emporium Downtown General Store

4. Schneider Electric – Final Payment – $176,049.20

5. Request to Pay – Insituform #2 – $63,600.28

6. Lauber Municipal Law Firm – November – $22,382.50

7. HDR Engineering – River Intake Project – $7,906.99

8. November financials

2021 Package Sales: (Copies on file in Clerk’s office)

Pete’s of Erie, Inc. #20 – 998 N. National

Pete’s of Erie, Inc. #27 – 605 S. National

Pete’s of Erie, Inc. #14 – 1902 S. Main

Pete’s of Erie, Inc. #28 – 1138 E. Wall

Hill’s Service, Inc. – 308 N. National

Wal-Mart Stores, Inc. #39 – 2500 S. Main

Walgreen Company – 2229 S. Main

Casey’s General Store #3399 – 2216 S. Main

G & W 2, L.L.C., 911 E. 6^th Street

Consumption on the Premises:

Debra Cagle DBA Fifthwheel Tavern – 206 Humboldt

Woodland Hills Golf Course – 2414 S. Horton

2021 Public Dance License: (Copies on file in Clerk’s office)

Elks Lodge #579 – 111 W. 19^th

Sharky’s Pub & Grub – 16 N. National

Liberty Theatre – 113 S. Main

Holmtown Pub – 206 N. National

Buck Run Community Center – 735 Scott

Memorial Auditorium – 1 E. Third Street

Josh Jones asked for discussion on the Lauber Municipal Law Firm invoice. He said that he talked to Jeff Deane, City Attorney, earlier. He asked him to come to just one meeting a month to save on costs. He also asked that all City staff go through the City Manager before contacting the City Attorney and he can decide if he needs to be contacted. Josh asked that all City Commissioners also go through Jeff Hancock, City Manager, before contacting the City Attorney. He asked that any City advisory boards go through the City Manager also first.

Jeff Deane said that he can come to the first meeting of the month. He said that he can be on call for the second meeting and be available if needed.

Josh said that this can be reevaluated in a month and see how it is going.

Josh also asked about the Schneider Electric project. He asked if the Commission can see where we are on our prior bills and what they are now since this project is final.

Susan will find out how they calculate their savings and compare it to the last two years and bring this back to them.

L. Watts moved to approve the Consent Agenda. J. Jones seconded. J. Jones, L. Watts and R. Nichols 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)

Michael J. Hoyt – Mr. Hoyt said that you have heard this before, but he is going to bring it up again. He told them that their meeting yesterday was a K.O.M.A. violation. You used the personnel exception, and the personnel exception cannot have words added to it like reviewing resumes. He printed and handed out several Attorney General opinions. (He did not give the Clerk a copy). He referenced that Commissioner Allen once said that if we’re going to go down, you’re going to go down with us. The Attorney General doesn’t quite see it that way. He said that he highlighted a letter from Ms. Mendoza to him that states Mr. Deane is not a member of the public body and the meeting with K.O.M.A. cannot be found to have violated its provisions. If you want to accept bad advice and pay for it, he’s the one that is going to walk away. You’re the one going down. Page 2 he has highlighted and put in plain language and understanding, ordinary meaning says that personnel has been defined in Webster’s dictionary as a body of employees that employ some services. So, instead of trying to work around the law, how about trying to work in the law. If you want to have discussion of your resumes, just call them candidate 1 through candidate 100, if that’s what you’re trying to protect. What you should be showing to the voters is the process that you’re going through. You came in here, turned the cameras off and closed the doors and you could have been hiring Dr. Nichols’ brother. We don’t know whether you’re interested in education or experience. Maybe we would have some input on that. You don’t have to divulge anyone’s name. He’s sure the search firm would prefer to leave those things quiet, so they don’t get poached from them. You can speak in general terms and still go through the process of being open and transparent like K.O.M.A. would want you to do.

Ordinance No. 31 – He gave them notes as soon as he got certification of the petition. Now we are running up against an election. He thought they would do the right thing, and leave the money in one spot, and revoke Ordinance No. 31. He understands that we have spent $3,500 in ballots but why not spend another $10,000 and do the right thing. Think of the politics and objects of it. You drag all of the voters in on the 5^th of January to vote on something that they may or may not understand. He hopes that they understand it and vote no. Then you will drag them in again on March 5^th and try to get them to vote on a sales tax which will be even a harder sale as this is not a tax ordinance 31. We just want you to keep the money where it came into and spend it where it came into. He knows that Commissioner Allen has posted a couple of sewer failures. Let’s spend some money on the sewers instead of letting them go. Keep the money where it is – it’s not a tax. We probably need it for the streets and the parks. You might be standing there on March 5^th with two $15,000 bills for special elections. Think about that.

Advisory Boards – He removed his name from the Airport Advisory Board for no other reason than he is coming up with an initiative with the County and he would like to with the City – to strengthen and give our advisory boards structure. The Airport Advisory Board met yesterday for the first time in a year. With all we have going on out there, and they haven’t met in a year. I would think that all boards should have five minutes before you with their Chairman. He said that he provided a 90 page booklet provided by the E.P.A. It is a generic book. Maybe you need an advisory board coordinator to get the agendas going in the right direction.

K. Allen said it would be nice, once a month, for a liaison from each board to report to them.

K. Allen asked Jeff Deane about interviewing candidates out in public.

Jeff Deane said that the Attorney General’s opinion specifically states that personnel matters, the hiring and firing and discipline of employees is covered. If you are trying to hire an employee that is specifically a personnel matter and that interpretation is covered by the Attorney General’s opinion. The Attorney General has the statutory and constitutional rights to interpret a law. It states that the hiring of employees falls under exception number 1.

Scott Johnson – Mr. Johnson said that he spoke with Frank Halsey today regarding the building at 10 N. National. He asked if the City has a LandBank in place?

Susan Bancroft said yes they do.

Scott that he handed them a paper regarding the urgent shape of the building. He said that Mr. Halsey is still on board. He understands the efforts in trying to sell the building, but it is his strong belief, that if we don’t do something right away, we won’t have a building to save or sell. He believes with extreme urgency, the building needs some structure work done immediately. It may be in the best interest of the building and Mr. Halsey to move forward on the transfer of ownership now, so we can all save this historic building.

Scott also asked that a port-a-potty be placed at the skate park as well as a bench.

Interim City Manager Report and Comments: Jeff Hancock stated that he moved his comments towards the top of the agenda. He provided a written report of all the things he has done in the last three weeks. The Commission and the public knows what he is doing. It’s not just a three day a week job as he is taking calls on Thursday and Friday. He appointed Allyson Turvey as the Acting Zoning Administrator to fill in for Nate. We developed a new street cut process. This puts some teeth into the process. He will send them out a copy of this new process. It will go before the Plumbing Board before it is implemented.

Kevin Allen said that he would like to look at this before it is implemented.

Lindsey Watts asked if they could look at it at the next work session.

Jeff Hancock said that we need to set priorities on what to look at for our work sessions.

Pete said that we have a good ordinance concerning street cuts in place. We’ve never enforced it or taught it to the workers. Pete thanked Jeff Hancock for his efforts since he has been here.

Old Business: None

Appearances: None

New Business:

1. Municipal Advisory Services Agreement – Stifel – Susan Bancroft, Director of Finance, introduced Bret Shogren and Stan Jones of Stifel, Inc. This company replaced the previous company called George K. Baum, which is the City’s financial advisor.

Bret Shogren said that he is officed in Wichita and Stan Jones is officed in Kansas City. He hopes to assist with refinancing some of the General Obligation bonds that the City has. Last year when he was here he was with George K. Baum and Company. Last year, Stifel acquired their firm. They are operating under Stifel. This company asked them to renew the agreement under their new name. The terms and conditions are the same as well as the fees. This agreement asks for Stifel to be the financial advisor of record at a cost of $250.00 per hour and for bond issues at a $10,000 minimum fee.

J. Jones moved to approve the agreement with Stifel for the City’s financial advisor of record. L. Watts seconded. All voted aye.

APPROVED THE AGREEMENT WITH STIFEL FOR THE CITY’S FINANCIAL ADVISOR OF RECORD.

2. Refinancing of Bonds – Gilmore & Bell – Approval of Resolution and all supporting documentation for the Mayor to sign – Bret Shogren, informed the Commission that they are here to assist with the refinancing of the City General Obligation bonds. He shared the trend of interest rates. We are very near the lowest interest rates in 30 years. When rates are low it is an opportunity to sell bonds. The City currently has six General Obligation bonds which are from 2009, 2010-A, 2011-A, 2011-B, 2012-A, and 2012-B. Those have outstanding interest rates between 1.6% and 4.1%. Current market conditions show that we can pay off those loans with a 0.67% true interest cost which would reflect a gross savings of $77,465.17. This is roughly about $15,500 per year over the next five years. Industry standards show that the City would benefit by refinancing these bonds. The bond documents are drafted by Gilmore & Bell. The bond date bid would be February 2^nd, 2021 at 10:00 a.m. He would appear again at the February 2^nd, 2021 City Commission meeting and notify the Commission of the interest rates that were submitted in the bids. Approval of the Resolution is needed to proceed along with the sale documents.

L. Watts moved to approve Resolution No. 20-2020 authorizing the offering for sale of General Obligation Bonds, Series 2021-A, of the City of Fort Scott, Kansas. J. Jones seconded. All voted aye.

APPROVED RESOLUTION NO. 20-2020 AUTHORIZING THE OFFERING FOR SALE OF GENERAL OBLIGATION BONDS, SERIES 2021-A OF THE CITY OF FORT SCOTT, KANSAS.

3. Sales Tax Resolution – Approval of either Option 1 or Option 2 and all supporting documentation for the Mayor to sign – Susan Bancroft, Director of Finance, informed the Commission that they met on December 8^th, 2020 for a work session regarding the renewal of the .5% sales tax. There were two options discussed and it was determined to move forward with a special election to be held on March 5^th, 2021. Option 1 include the .5% sales tax renewal would be for five (5) years with 90% allocated for street improvements, sidewalks, bike lanes, and curb and gutter with these proceeds to be designated to a specific transportation sales tax fund, and 10% of the proceeds to be used for parks and community facilities with a designated community sales tax fund.

Option 2 could read 10% of the proceeds could be used for parks, community facilities, and health care services and improvements with proceeds designated to a community sales tax fund.

Discussion was held regarding the two options.

L. Watts moved to approve that Option 1 be approved and to approve Resolution No. 21-2020 authorizing and providing for the calling of a special election in the City of Fort Scott, Kansas, for the purpose of submitting to the electors of the City the question of imposing a one-half percent (0.5%) city-wide retailers’ sales tax and providing for the giving of notice of said election. The .5% sales tax renewal would be for five (5) years with 90% allocated for street improvements, sidewalks, bike lanes, and curb and gutter with these proceeds to be designated to a specific transportation sales tax fund, and 10% of the proceeds to be used for parks and community facilities with a designated community sales tax fund. J. Jones seconded. All voted aye.

approved that Option 1 be approved and to approve Resolution No. 21-2020 authorizing and providing for the calling of a special election in the City of Fort Scott, Kansas, for the purpose of submitting to the electors of the City the question of imposing a one-half percent (0.5%) city-wide retailers’ sales tax and providing for the giving of notice of said election. The .5% sales tax renewal would be for five (5) years with 90% allocated for street improvements, sidewalks, bike lanes, and curb and gutter with these proceeds to be designated to a specific transportation sales tax fund, and 10% of the proceeds to be used for parks and community facilities with a designated community sales tax fund.

4. Water Rate Increase – Approval of Ordinance No. 3570 – Susan Bancroft, Director of Finance, informed the Commission that this ordinance increases the water rates by 5% for 2021. This increase is due to the River Intake Project. There will also need to be an increase next year.

L. Watts moved to approve Ordinance No. 3570 setting new water rates and repealing Ordinance No. 3551 for the City of Fort Scott, Bourbon County, Kansas, pursuant to the Fort Scott Municipal Code, Chapter 13.04.030. R. Nichols seconded. All voted aye.

approved Ordinance No. 3570 setting new water rates and repealing Ordinance No. 3551 for the City of Fort Scott, Bourbon County, Kansas, pursuant to the Fort Scott Municipal Code, Chapter 13.04.030.

5. Scope & Fee for Engineering Services for Phase 2 of the River Intake Project – Dam Improvements – Michael Mix, Public Utilities Director, informed the Commission that before them is the agreement for engineering services for Phase 2 of the River Intake Project. The amount of the engineering for Phase 2 is $330,000. This amount is covered through the U.S.D.A. loan. The grand total of this project is $5,000,000.

P. Allen moved to approve the engineering services agreement with H.D.R. for Phase 2 of the River Intake Project. This agreement totals $330,000. L. Watts seconded. All voted aye.

approved the engineering services agreement with H.D.R. for Phase 2 of the River Intake Project. This agreement totals $330,000.

6. Timken Grant Application – Rachel Pruitt, Economic Development Director, informed the Commission that she is filling in for Ally tonight due to the inclement weather. The Fire Department received a Fort Scott Area Community Foundation Grant recently in the amount of $2,500 to go towards the rehab of the 20 year old fire safety trailer which is used at area schools to teach children about fire safety. This grant will fund part of this project, but more funds are needed. She asked for approval to apply for a Timken Foundation grant for the remainder of the required funding. Tinken grants require a minimum request of 10,000, so in addition to the safety trailer rehab, they are requesting $5,000 in CPR Training Program Materials, and $3,000 in ALICE Training Equipment. The total grant request for Timken Foundation is in the amount of $10,500.

L. Watts moved to approve to apply for the Timken Grant in the amount of $10,500. J. Jones seconded. All voted aye.

APPROVED TO APPLY FOR THE TIMKEN GRANT IN THE AMOUNT OF $10,500.

7. Consideration of Scooters Funding – Rachel Pruitt, Economic Development Director, informed the Commission that Culaccino Coffee development has constructed the new Scooter’s Coffeehouse at 2400 S. Main. The total cost of this project was $337,000. Verbal approval was given by City administration to assist with development costs in the amount of $6,000. This new coffeehouse will bring 15 new jobs to town.

J. Jones moved to approve the allocation of $6,000 for development costs for Culaccino Coffee located at 2400 S. Main Street. L. Watts seconded. All voted aye.

approved the allocation of $6,000 for development costs for Culaccino Coffee located at 2400 S. Main Street.

8. Fuel Flow Fee Agreement – AG Spraying Company – Approval for the Mayor to sign the agreement – This was removed from the agenda per the City Manager.

9. Donation of Fire Truck – Michael Miles, Deputy Fire Chief, informed the Commission that before them tonight is approval to donate the 1991 pumper truck that is now out of service. This pumper truck was taken out of service after the delivery of our new pumper truck back in the beginning of 2020. A letter was sent out to all Bourbon County Fire Districts in August and we received letters of interest from all of the fire districts. This letter was sent to Garland Fire District, Scott Township Fire, and District 3 Fire. Garland Fire District can use this truck and immediately place it into service. They have the space to station this truck and have plans to build a future station to help their resident’s ISO ratings. That would lower the cost of insurance for residents of Garland. Garland also has mutual aid agreements with county fire departments including Scott Township. This truck would be available for them for to request assistance.

Scott Township would like this apparatus to potentially use around the area of Lake Fort Scott. They currently do not have an area established to house this truck if awarded. This would also reduce a major expense from having to purchase a truck to house at a future location.

District 3 is in dire need of replacing a 1978 Fire Engine and could use this apparatus as a major upgrade for their fleet and reduce a major expense of purchasing one.

Michael said that he and the Fire Chief met and believe that at this time Garland Fire would be best suited to be awarded this pumper truck. Garland can immediately use this truck. With upcoming future purchases, the other two districts will be possibly awarded other used trucks that the Fire Department has.

J. Jones moved to recommend that Garland Rural Fire District be awarded this pumper truck. L. Watts seconded. All voted aye.

APPROVED TO AWARD THE USED PUMPER TRUCK TO GARLAND RURAL FIRE DISTRICT.

10. Consideration of Board Appointments:

Planning Commission (6) – Diane Clay, City Clerk, said that letters of interests were received for the two open City positions and three open County positions on the Planning Commission. The two current City positions are held by Mark Lewis and Josh Jones. Mark Lewis has decided not to ask to be renewed. Josh Jones is now a City Commissioner which prohibits him from serving. There are three open County positions which are currently held by: Darcy Smith, Mark McCoy and Geoffrey Clark. Letters of interest were received by the current board members: Darcy Smith, Geoffrey Clark, and Mark McCoy for the County position and from Mitch Quick for the City position. Other letters received were from Denise Brezik (City), and from Anne Dare (County). The Planning Commission met on December 14^th, 2020 and recommended to the City Commission that the reappointments of Darcy Smith, Mark McCoy, Geoffrey Clark, and Mitch Quick be approved, and the new appointment of Denise Brezik be approved.

L. Watts moved to approve the appointments of Darcy Smith, Mark McCoy, Geoffrey Clark, and Mitch Quick and Denise Brezik. K. Allen seconded. All voted aye.

approved the appointments of Darcy Smith, Mark McCoy, Geoffrey Clark, and Mitch Quick and Denise Brezik to the planning commission.

Board of Zoning Appeals (1) – Diane Clay, City Clerk, said that letters of interests were received for the City position that will be expiring at the end of December. It is currently held by Brian Rhoades. Letters of interest were submitted, and the City received two. One was from Brian Rhoades and the other was from Denise Brezik.

L. Watts moved to approve the reappointment of Brian Rhoades to the Board of Zoning Appeals. K. Allen seconded. All voted aye.

APPROVED THE REAPPOINTMENT OF BRIAN RHOADES TO THE BOARD OF ZONING APPEALS.

Airport Advisory Board (4) – Diane Clay, City Clerk, said that letters of interests were received for the six positions that are either expiring or have expired on the board. These positions are currently held by Greg Post, Bill Waldron, Mary Pemberton, and Jim Gladbach. The two previous members Carson Felt, and Matt McGehee chose not to renew their terms. Letters of interest were received from the following: Greg Post, Bill Waldron, Mary Pemberton, and Jim Gladbach, Kaitlyn Doherty, Larry Davenport, and Anne Dare. The Board met on Monday, 12/14/2020 and recommended the appointments of Greg Post, Bill Waldron, Mary Pemberton, Jim Gladbach, Kaitlyn Doherty, and Larry Davenport.

L. Watts moved to approve the Board’s recommendations. K. Allen seconded. All voted aye.

APPROVED REAPPOINTMENTS OF GREG POST, BILL WALDRON, MARY PEMBERTON, JIM GLADBACH, KAITLYN DOHERTY, AND LARRY DAVENPORT TO THE AIRPORT ADVISORY BOARD.

Design Review Board (2) – L. Watts asked that the Design Review Board review these letters of interest before they are brought before them to vote on. Diane will get a meeting scheduled of this board.

Reports and Comments:

1. Director Reports: None

2. Commissioner Reports and Comments:

J. Jones – Josh asked if the Commission can have an update on the First Source building. He asked where we are at. Are we going to keep the building? Sell the building?

Susan said that a walk through has been completed by City staff and all of the utilities have been changed into the City’s name.

Josh said that he has talked to the Fort Scott High School administration and he would like to see two student representatives appointed to the Commission. They would be non-voting members. The High School will give us a list of potential qualified students and the Commission will review those. This position could start at the second meeting in January.

Josh also asked for rotating director reports. He would like to see reports on economic development, streets, water, and the other departments about what has been done in the last month.

K. Allen – Kevin said that his report is on road repairs. He is glad to see Horton Street being repaired. He asked for the City Manager to look at all City entities to assist in street repairs so they can have some extra help during the winter hours.

He talked about recruiting employees for the City. Joplin does a commercial and shows all their incentives. He asked if the City of Fort Scott could do a commercial promoting the street openings. He said it’s not that expensive.

He asked what the clothing allowance for public works employees was.

He asked that signage be put up stating that their 1% sales tax is at work.

He also said that he had talked to the Bourbon County Commission and they came up with a date. January 14^th, 2021 at 5:00 p.m. at City Hall.

P. Allen – Pete said that he had asked Jeff and Diane in an email on the status of the inspections of our sanitary sewers and our manholes and he would like to have a response and see where we stand on that.

Jeff said that he would check with Michael Mix and get him this report.

Pete said that the patches on Horton Street are very nice and commended Chad Brown and his crew.

L. Watts – Lindsey thanked Josh Jones for the research he has done for the meeting tonight.

She said that she is excited for the candidate interview on January 9^th and moving forward with this selection.

She thanked Chad Brown and his crew for the street repairs on Horton Street also.

R. Nichols – Randy said that this Thursday is the Chamber Coffee hosted by the City and asked all those that attend to be COVID safe.

He thanked the crews that worked on the big water leak on Horton Street. He knows it took them four to six hours to repair and thanked them for their hard work.

City Attorney Report and Comments: Jeff Deane pointed out that the Attorney General’s report 96-61 considers some of the items he handed out to you. The AG’s office concludes that the public bodies subject to the Kansas Open Meetings Act may go into Executive Session to interview, discuss, and consider applicants or prospective employees of that body under the personnel matters exception to the act. He provided this to Mr. Hoyt also.

EXECUTIVE SESSION:

J. Jones 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 Commission meeting room at City Hall at 8:50 p.m. L. Watts seconded. All voted aye. This included the City Commission, City Attorney, City Manager, and Director of Finance.

L. Watts moved that the City Commission come out of Executive Session at 8:50 p.m. J. Jones seconded. All voted aye.

Josh announced that the City is looking into sharing some services with the County in relation to the Finance department. There will be more on that later to follow.

EXECUTIVE SESSION:

J. Jones moved that the City Commission recess into Executive Session for the purpose of discussing year end litigation review with the exception in K.S.A. 75-4319(b)(2). The open meeting will resume in the Commission meeting room at City Hall at 9:06 p.m. J. Jones seconded. All voted aye. This included the City Commission and City Attorney.

L. Watts moved that the City Commission come out of Executive Session at 9:06 p.m. J. Jones seconded. All voted aye.

Jeff Deane said back when the fire truck apparatus need was recognized, the previous Commission approved Resolution No. 4-2019 which found the need to pay for it with General Obligation Bonds. The people of the City filed a protest petition which was properly noted by the County but was not acted upon by the City. The City abandoned the plan to use General Obligation Bonds and the petition was filed by virtue of KSA 12-110-C, authorizing protest petitions when General Obligation Bonds. We did not formally rescind the resolution at that time and this needs to be done.

L. Watts made a motion to rescind or repeal Resolution 4-2019 – Resolution declaring it necessary to acquire firefighting equipment for use by the Fire Department of the City of Fort Scott, Kansas, and to issue General Obligation Bonds of said City to pay the costs thereof, and providing for the giving of notice of intention to acquire said equipment and to issue said General Obligation Bonds. J. Jones seconded. J. Jones, L. Watts, and R. Nichols voted aye. P. Allen voted no. K. Allen abstained. Motion carried.

Adjournment:

L. Watts moved to adjourn the meeting at 9:11 p.m. R. Nichols seconded. All voted aye.

ADJOURNED MEETING AT 9:11 P.M.

Respectfully submitted,

Diane K. Clay, MMC

City Clerk