CITY OF FORT SCOTT
CITY COMMISSION MEETING
Minutes of November 15, 2022 Regular Meeting
1
CITY OF FORT SCOTT
CITY COMMISSION MEETING
Minutes of November 15th, 2022 Regular Meeting
The regular meeting of the Fort Scott City Commission was held November 15th,
2022 at 6:00 p.m. in the City Commission Meeting Room at City Hall, 123 S.
Main Street, Fort Scott, Kansas.
ROLL CALL:
Commissioners J. Jones, T. Van Hoecke, and M. Wells were present with Mayor
K. Harrington.
INVOCATION: M. Wells, said a prayer asking God for guidance for the City, our
Government and City officials.
AUDIENCE IN ATTENDANCE: Jeff Hancock, Interim City Manager, Brad
Matkin, Assistant City Manager, Emily Diebolt, Ben Hart, Robert Farmer, Robert
Uhler, Nick McCormick, Travis Shelton, Cindy Bartlesmeyer, Dave Bruner, Edwin
Woellhof, Jason Dickman, Bill Michaud, Ryan Irsik, Jon Garrison, Anne Dare,
Heather Magruder, Steve Mason, Sheri Laws, Bailey Lyons, Nate Lyons and 3
children.
J. Jones motioned appointing Brad Matkin as Deputy City Clerk for this meeting
for the purpose of swearing in the new City Commissioner. T. VanHoecke
seconded. All voted aye.
APPROVED TO APPOINT BRAD MATKIN AS DEPUTY CITY CLERK FOR THIS
MEETING FOR THE PURPOSE OF SWEARING IN THE NEW CITY
COMMISSIONER.
APPOINTMENT OF NEW CITY COMMISSIONER: The City Commissioner
candidates were called in the order of the agenda: Robert Uhler, Bill Michaud,
Cindy Bartelsmeyer, and Edwin Woellhof. Each introduced themselves and
answered questions from Brad Matkin, Assistant City Manager, and City
Commissioners J. Jones, M. Wells, T. VanHoecke and Mayor K. Harrington.
T. VanHoecke motioned to nominate Robert Uhler for the vacant position of City
Commissioner. No second. Motion died.
M. Wells motioned to nominate Edwin Woellhof for the vacant position of City
Commissioner. No second. Motion died.
J. Jones motioned nominating Bill Michaud for the vacant position of City
Commissioner. No second. Motion died.
K. Harrington motioned to nominate Cindy Bartlesmeyer for the vacant position
of City Commissioner. No second. Motion died.
Discussion was held amongst the Commissioners regarding the candidates.
CITY OF FORT SCOTT
CITY COMMISSION MEETING
Minutes of November 15, 2022 Regular Meeting
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It was decided that each Commissioner would state their second choice.
J. Jones stated that Edwin Woellhof was his second choice. T. VanHoecke
stated that Cindy Bartelsmeyer was his second choice. M. Wells stated that Bill
Michaud was his second choice. K. Harrington stated that Edwin Woellhof was
her second choice.
M. Wells motioned to appoint Edwin Woellhof as the new City Commissioner.
Further discussion was held amongst the Commissioners regarding the
candidates. J. Jones seconded the motion. M. Wells and J. Jones voted aye.
T. VanHoecke and K. Harrington voted nay. Motion fails to pass.
J. Jones motioned to appoint Bill Michaud as the new City Commissioner. M.
Wells seconded. M. Wells and J. Jones voted aye. T. VanHoecke and K.
Harrington voted nay. Motion failed to pass.
K. Harrington motioned to appoint Cindy Bartelsmeyer as the new City
Commissioner. No second. Motion died.
T. VanHoecke motioned to appoint Robert Uhler as the new City Commissioner.
No second. Motion died.
T. VanHoecke motioned to appoint Cindy Bartelsmeyer as the new City
Commissioner. K. Harrington seconded. T. VanHoecke and K. Harrington
voted aye. M. Wells and J. Jones voted nay. Motion failed to pass.
Cindy Bartlesmeyer addressed the Commission and withdrew her name as a
candidate for City Commissioner.
M. Wells motioned to appoint Edwin Woellhof as the new City Commissioner.
J. Jones seconded. J. Jones, M. Wells and K. Harrington voted aye.
T. VanHoecke voted nay.
APPROVED TO APPOINT EDWIN WOELLHOF AS THE NEW CITY
COMMISSIONER.
Brad Matkin was called forward by Mayor Harrington to swear in Edwin
Woellhof with an Oath of Office.
J. Jones addressed the Mayor to consider a change in the agenda. He asked
that Bailey Lyons be moved forward. Mayor Harrington agreed.
Bailey Lyons addressed the City Commission regarding the Splash Pad. She
thanked all the volunteers involved to make the Splash Pad a reality for the
community. B. Lyons also gave an update of the funds raised, to date a total of
75% of what is needed to complete the project. She also recognized the sizeable
grants awarded; $75,000.00 from the Timken Foundation and $40,000.00 from
the Walmart Foundation. She said the plan is to break ground in the Spring of
2023 and open it to the public in the Summer. (Complete address to the City
Commissioners is attached).
CITY OF FORT SCOTT
CITY COMMISSION MEETING
Minutes of November 15, 2022 Regular Meeting
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Steve Mason, Timken Foundation and Ryan Irsik, Walmart Public Affairs and
Good Relations addressed the Commission and presented their checks. M.
Wells expressed his gratitude on behalf of the Commission for their investment
in the community of Fort Scott.
Bailey Lyons asked that the Commission allow the project to move forward and
allow the Splash Pad to be located on the west end of Skubitz Plaza.
T. VanHoecke stated that he would like to have time to review the packets that
Bailey Lyons provided and asked if she would be able to return to the next
Commission meeting if there were any questions.
Bailey Lyons stated that she was asking the City Commission to allow the
project to move forward due to timelines they are required to meet for the
grants and orders for materials that need to be placed to break ground by
Spring of 2023 and open to the public by Summer 2023.
T. VanHoecke stated that he would first like to review the information provided.
J. Hancock suggested that Bailey Lyons and their company meet with Assistant
City Manager Brad Matkin and staff and go over details and ask questions with
the input of City staff.
J. Jones stated that the project was designed for minimal City man hours and
was vetted out by the Fort which was the main concern due to the proposed
location. He also stated that the area had a strategic plan for a water feature.
J. Hancock stated that he would direct the City staff to review the information,
prepare a report for the next City Commission meeting and will proceed from
there.
Bailey Lyons stated that any further contributions can be made by contacting
her, Josh Jones, or Kelly Barr. She then outlined the present and future plans
to secure the remaining funds and talked about the benefits of bringing this to
the community.
J. Jones and M. Wells thanked and complimented Bailey Lyons and the project
group for all that they have done to make this project happen, especially ahead
of the previously discussed timeline of 2024 or 2025.
CONSENT AGENDA:
A. Approval of minutes of the regular meeting of November 1 st , 2022 and
minutes of the special meeting of November 7th, 2022.
B. Approval of Appropriation Ordinance 1324-A totaling $603,259.05.
C. Request to Pay – J. Richardson Construction – $54,210.27 – 17th and Eddy
Stormwater Improvements
CITY OF FORT SCOTT
CITY COMMISSION MEETING
Minutes of November 15, 2022 Regular Meeting
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D. Request to Pay – HDR Engineering, Inc. – $14,294.96 – Phase II Dam
Improvements – Engineering
E. Request to Pay – Earle’s Engineering & Inspection, Inc. – $37,622.15 – work
performed during October
M. Wells moved to approve the Consent Agenda. J. Jones seconded. All voted
aye.
APPROVED CONSENT AGENDA.
Old Business:
1. Change Order #1 – L.G. Barcus and Sons, Inc. – $19,466.03 – Review
itemized bill.
Nick McCormick from L.G. Barcus and Sons, Inc. addressed the Commission
regarding the itemized bill. He stated that it was an Engineer directed Change
Order for the Fort Scott Dam Project. He stated he was not sure where the
breakdown in communication was, but he was there to provide answers.
M. Wells stated that the biggest issue was that the project was done and a
month later it was brought back to the Commission to approve as a Change
Order. He also stated that anything over $10,000.00 must come before the
Commission before the work is done. He stated that the original information
was vague and did not provide any of the information they see here today,
which is what he wanted to see.
Discussion was had about the extra 15% fee added to the bill. M. Wells stated
that within the construction industry the overhead and profit is a line that
the majority add independent of the profit as a second profit.
Mr. McCormick stated that the company did not do the work without any
direction. He stated that the pricing was submitted to HDR, the engineer of
record, prior to L.G. Barcus doing the work and HDR gave the permission to
do the work. He stated that possibly there was a disconnect between HDR
and the City.
J. Jones requested that Mr. McCormick turn over the correspondence he
brought to J. Hancock or Brad Matkin for review.
M. Wells motioned to approve the request to pay L.G. Barcus and Sons, Inc.
$19,466.03. K. Harrington seconded. All voted aye.
APPROVED THE REQUEST TO PAY L.G. BARCUS AND SONS, INC. THE
AMOUNT OF $19,466.03.
CITY OF FORT SCOTT
CITY COMMISSION MEETING
Minutes of November 15, 2022 Regular Meeting
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Aappearances: Ben Hart of BakerTilly addressed the Commission providing
October Financial Statements and Status of Engagement. He brought two (2)
reports. He stated the first report is the standard report that they typically
receive, and the second report contains charts and graphs. It gives an idea of
where the cash balance will sit in each one of the funds. Mr. Hart continued
through the report and explained to the Commissioners what they can expect to
receive from BakerTilly as a standard report. He discussed what he has observed
in the reports with revenue. Mr. Hart stated that the next thing he will be working
through is the budget and providing more detail at the next City Commission
meeting regarding budget amendments for 2022.
Discussion was had on cash flow, policies and the Capital plan which will be addressed
in future. The Commission gave their feedback on what would be helpful to them.
M. Wells asked Mr. Hart about the cash balance carried over at the end of the year. Mr.
Hart stated that he would be surprised if it was not positive in the six figure numbers in
the general fund.
Further discussion was had on the existing funds and their possible amendments due to
price increases from inflation, which Mr. Hart stated is not surprising.
Public Hearings: M. Wells made a motion to open the Public Hearing at 7:35
p.m. J. Jones seconded. All voted aye.
APPROVED TO OPEN PUBLIC HEARINGS AT 7:35 P.M.
Financial Assistance and Pre-Application with U.S. Department of Agriculture
and Rural Development to Repair and/or Replace Two (2) Storm Sirens –
Presented by Fire Chief Dave Bruner and Emily Diebolt.
Chief Bruner stated that they have gone through the pre-application process of
the grant and are moving to the application process regarding the storm sirens
that were discussed on July 19 th. The grant will be used to replace two (2) storm
sirens that are not operable, one in Walnut Hill and the other at 6 th and Steen.
The only change is that the cost to the City was roughly $23,000.00 and is now
$27,000.00. Chief Bruner stated that the reason for the change was due to
choosing a solar option that would take the current electric metered/battery
backup out of the equation and the system would be solar operated with a battery
backup. He stated that the biggest maintenance cost to the sirens are batteries.
Chief Bruner highlighted the benefits of the solar option for the Commissioners.
T. VanHoecke asked if both sirens were being replaced or if one was to be repaired
and the other replaced.
D. Bruner stated he was told that the siren on Steen Street was not repairable by
one company. Another company stated that it could be repaired temporarily but
there are many components that are damaged, so it was a better plan to replace
that siren. Therefore, both sirens would be completely replaced now.
CITY OF FORT SCOTT
CITY COMMISSION MEETING
Minutes of November 15, 2022 Regular Meeting
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Mayor Harrington asked for any comments from the audience. There were none.
J. Jones motioned to close the Public Hearing. M. Wells seconded. All voted aye.
APPROVED TO CLOSE THE PUBLIC HEARING AT 7:40 P.M.
M. Wells motioned to move forward with the grant process to obtain two (2) new
sirens with the cost increasing from approximately $23,000.00 to $27,000.00 for
the solar options and a Resolution of Procurement to be signed. J. Jones
seconded. All voted aye.
APPROVED TO MOVE FORWARD WITH THE GRANT PROCESS TO OBTAIN
TWO (2) NEW SIRENS WITH THE COST INCREASING FROM
APPROXIMATELY $23,000.00 TO $27,000.00 FOR THE SOLAR OPTIONS.
New Business:
1. Consideration of Special Assessment Waiver for Fort Scott Manor requested
by Shane Lamb presented by Sgt. W. Downey
Sgt. Downey stated that he presented the Commission a staff request for
Commission action including documentation to be considered. He said that
Mr. Lamb was there as the new owner of the old Fort Scott Manor on Heylman.
He stated that the property has approximately $35,000.00 in back taxes of
that $7,483.00 are Special Assessment Fees. Mr. Lamb had applied and asked
the Commission to waive those fees. Sgt. Downey asked the Commission to
consider that these fees are rarely recouped and that it is a substantial
amount that Mr. Lamb is asking to waive and is far beyond what Sgt. Downey
or B. Matkin can waive without Commission approval.
T. VanHoecke stated that he remembers this coming up a while back and they
had questioned timeline because there have been several buildings in Fort
Scott that had their assessment fees waived and then sat idle for extended
periods of time. He stated that the Commission had asked for a timeline in a
previous meeting.
Sgt. Downey stated that a little bit of work had been completed. However, the
Codes office was unawares of this because the property owner had bypassed
the Codes Department and worked with the previous City Manager, Kelley
Zellner who has since separated from the City. Mr. Lamb came to City Hall
again and that is when the Codes Department became aware of the situation.
Sgt. Downey continued that Assistant City Manager, Brad Matkin, the Codes
Department, Fire Chief Bruner, and Assistant Fire Chief Miles met with Mr.
Lamb and discussed what needed to be done to properly obtain building
permits for his project. Sgt. Downey stated that issuing the permits is
dependent upon Mr. Lamb obtaining certified prints from the architect, then
having those presented to the State Fire Marshall for approval. Once we have
those from the Fire Marshall’s office, we can issue the building permits.
CITY OF FORT SCOTT
CITY COMMISSION MEETING
Minutes of November 15, 2022 Regular Meeting
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T. VanHoecke stated that until all of that happens and a timeline is
established, he cannot, in blind faith, waive the assessments.
Sgt. Downey pointed out that Mr. Lamb has a project in Iola with similar
circumstances.
Mr. Lamb addressed the Commission. J. Jones asked Mr. Lamb if there was
any reason to rush this decision. Mr. Lamb gave his account of the events
that happened and stated that all cities are different in what they require. He
stated that the biggest obstacle will be trying to complete these requirements
quickly, especially an architect.
J. Jones stated he was concerned that Mr. Lamb would be held up paying his
taxes if the assessment was not waived now.
Further discussion was held regarding options for Mr. Lamb’s situation.
J. Jones motioned to table the decision to waive the special assessment fees
until Mr. Lamb returns with plans. T. VanHoecke seconded. All voted aye.
APPROVED TO TABLE THE DECISION TO WAIVE THE SPECIAL
ASSESSMENT FEES UNTIL MR. LAMB RETURNS WITH PLANS.
2. Consideration of Amendment of Boat License Ordinance 3054
M. Wells explained that the amendment to the Ordinance will help the Lake
Patrol identify boats without permits by requiring that the permit sticker be
placed on the outside of the boat on the starboard side.
M. Wells motioned to approve the Amendment of Boat License Ordinance
3054. J. Jones seconded. All voted aye.
APPROVED TO THE AMENDMENT OF BOAT LICENSE ORDINANCE 3054.
3. Consideration for Approval of Auction of Seized Vehicles Awarded to Fort Scott
Police Department presented by Police Chief Travis Shelton
Chief Shelton stated that the FSPD is currently in possession of seven (7)
vehicles which were seized from criminal investigations and have gone
through the asset forfeiture process and have been awarded to the FSPD. He
stated that he is asking for the Commission’s approval to use local auctioneer
Lance Anderson who lists the vehicles online.
T. VanHoecke motioned to accept Chief Shelton’s recommendation to use
auctioneer Lance Anderson to list the awarded vehicles on
www.auctiontime.com. M. Wells seconded. All voted aye.
Chief Shelton then addressed the Commission with the recognition of
Detective Sergeant Brian Thurston who will be retiring at the end of the month
after 15 years of service. The Retirement Party will be at the station on
November 29th, from 2PM-4PM.
CITY OF FORT SCOTT
CITY COMMISSION MEETING
Minutes of November 15, 2022 Regular Meeting
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M. Wells thanked Sgt. Thurston for his dedication and years of service on
behalf of the City Commission and the community of Fort Scott.
J. Jones motioned that the City Commission recess into Executive Session for
the purpose of non-elected personnel pursuant to the matters of non-elected
personnel exception to KS 7543-19(b)(1) with the five (5) Commissioners and
the City Attorney. The meeting will resume in the City Commission Room at
8:02 P.M. M. Wells seconded. All voted aye.
APPROVED TO RECESS INTO EXECUTIVE SESSION FOR THE PURPOSE
OF NON-ELECTED PERSONNEL PURSUANT TO THE MATTERS OF NON-
ELECTED PERSONNEL EXCEPTION TO KS 7543-19(B)(1) WITH THE FIVE
(5) COMMISSIONERS AND THE CITY ATTORNEY. THE MEETING WILL
RESUME IN THE CITY COMMISSION ROOM AT 8:02 P.M.
T. VanHoecke motioned to come out of Executive Session. K. Harrington
seconded. T. VanHoecke, E. Woellhof and K. Harrington voted aye.
APPROVED TO COME OUT OF EXECUTIVE SESSION
J. Jones motioned that the City Commission recess into Executive Session for
the purpose of the discussion of the financial affairs or trade secrets of
corporations, partnerships, trusts, and individual proprietorships exception
K.S.A. 75-4319(b)(4) with the five (5) Commissioners, City Attorney, Brad
Matkin, Jeff Hancock, and Travis Shelton to resume in the City Commission
Room at 8:12 P.M. M. Wells seconded. All voted aye.
APPROVED THAT THE CITY COMMISSION RECESS INTO EXECUTIVE
SESSION FOR THE PURPOSE OF THE DISCUSSION OF THE FINANCIAL
AFFAIRS OR TRADE SECRETS OF CORPORATIONS, PARTNERSHIPS,
TRUSTS, AND INDIVIDUAL PROPRIETORSHIPS EXCEPTION K.S.A. 75-
4319(B)(4) WITH THE FIVE (5) COMMISSIONERS, CITY ATTORNEY, BRAD
MATKIN, JEFF HANCOCK, AND TRAVIS SHELTON TO RESUME IN THE
CITY COMMISSION ROOM AT 8:12 P.M.
M. Wells motioned to come out of Executive Session. J. Jones seconded. All
voted aye.
APPROVED TO COME OUT OF EXECUTIVE SESSION
4. Consideration of Interim City Manager Position
J. Jones suggested to stay Status Quo. He stated that the Commission had
agreed last time to continue to negotiate the contract with Interim City
Manager Jeff Hancock. It is anticipated to be completed by the next
Commission meeting.
CITY OF FORT SCOTT
CITY COMMISSION MEETING
Minutes of November 15, 2022 Regular Meeting
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Reports and Comments:
A. Interim City Manager Comments:
1. City/County Commission Meeting on November 22, 2022. Any items
that Commissioners wish to have on the agenda need to be submitted
by November 16th.
2. To make the Commission meetings more efficient, department directors
please use a cover letter to include in the agenda packet.
3. Consideration of Work Session on the position of City Manager. I have
outlined two (2) approaches to move forward.
4. Information on coaching for each Commissioner.
B. Assistant City Manager Comments: None
C. Engineering Comments:
1. Southwest Industrial Park Water Line is still at the state under review
2. Closer to preliminary plans with CDBG sewer project, hopefully by the
end of the month, as well as Horton and 6 th Street.
3. 17th and Eddy had a conflict with Kansas Gas line, it still has not
moved, hopefully hear back from them by the end of the week.
4. Contractors moved to 15th and National but waiting on ATT to move a
phone line.
5. Wastewater Treatment Plant – AMS is ongoing with their trailers and
microbes, and aeration contract.
6. Materials for the baffle curtain are four (4) weeks out to have that made,
measurements have been taken.
7. Aeration equipment is being manufactured, the pad for the blower has
been poured
8. AMS trailers are active so should not move but will talk to Scott about
access points once they start bringing in the aeration equipment.
9. Aeration and baffle curtain design memo, the state requested to do that
work. It has been submitted, waiting for comments if any.
10. Memorial Hall steps, putting together a bid package and get advertised
11. Reminder about KDOT C-CLIP Award an FY24 project. If you need help
let me know. Will be due to submit the middle of March. Bids need to
be solicited.
M. Wells asked about the status of tracking down the Water-Sewer Master
Plan.
D. Commissioners Reports and Comments:
T. Van Hoecke – Commented on the smoking on Main Street statue issue
and rumors on social media, the Street Advisory Board meeting on the
truck route and truck route survey concerns and thank Janet Guilfoyle for
her years and enjoy her retirement, fundraiser at Pizza Republic and
thanked the Commission candidates.
J. Jones – Thanked Janet Guilfoyle for years of service and wished her well
in her retirement. Give direction to Travis Shelton to work with Jerry
CITY OF FORT SCOTT
CITY COMMISSION MEETING
Minutes of November 15, 2022 Regular Meeting
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Morgan and the school district to put back the school flashing signs on
National Street, hope Memorial Hall steps can be in the works soon, thank
you to Bailey Lyons for the Splash Pad
E. Woellhof – Thanked the Commission on appointing him
M. Wells – Meeting with Bob Farmer and Charles Gentry to review the
truck route ordinance language issues discussed at the Street Advisory
Board meeting, Street Advisory Board agreed with the SSMP list for next
year, asked about the status of the alley list (Brad Matkin will get an
update), congratulated the guys for getting the Emulsion Tanks thanks to
the Street crew, Lake Advisory Board would like to move forward with the
water line and electric line to the RV slots and primitive camping, asked
Brad Matkin to check on the rock saw prices, ask BakerTilly for the
numbers on projects because the lake valve project was approved from
that fund, Lake Advisory Board is worried about the amount left in the
fund, wants to make sure that
J. Jones asked that the Cape Seal Bid consideration be put on the next
agenda for discussion with a budget impact and the amount of carry over
available in Streets from Ben Hart.
K. Harrington – Will greatly miss Janet, Pizza Republic had a great event,
Visioning Session at Sharkey’s (11/16/2022 at 5:30), thank all of the
Commissioner candidates, thank you Bailey Lyons and Josh Jones for
work on Splash Pad, thank you to Timken and Walmart.
E. City Attorney Comments – None
Adjournment:
J. Jones motioned to adjourn the meeting at 8:34 P.M. M. Wells seconded. All
voted aye.
ADJOURNED MEETING AT 8:34 P.M.
Respectfully submitted,
Lisa Lewis
Deputy City Clerk
