FORT SCOTT COMMUNITY COLLEGE
Minutes of the Board of Trustees Meeting
November 18, 2024
PRESENT: Ronda Bailey, John Bartelsmeyer, Jim Fewins, Bryan Holt, Chad McKinnis, and Doug Ropp
ALSO PRESENT: Sara Sutton – Interim President, Juley McDaniel – Board Clerk, faculty, staff, community members
Chairman Holt called the meeting to order at 5:30 pm in the meeting rooms of the Cleaver-Burris-Boileau Agriculture Building.
The meeting was opened with the Pledge of Allegiance and Holt reading FSCC’s mission statement.
COMMENTS FROM THE CHAIR: None
COMMENTS FROM THE PUBLIC: None
TRIO PROGRAM UPDATE: TRIO Director Holli Mason provided a summary of the TRIO program to the
Board. TRIO is a federally funded grant focused on increasing college graduation and retention rates and/or transfer
rates from a 2 year to 4 year program. The program serves 150 students per year that meet at least one of the
identified criteria (low-income, first generation, or documented disability). The program has to provide tutoring,
advising, assistance with completing FAFSA, financial literacy, and information regarding federal student aid. Most
of the program’s time is spent in individualized counseling for personal, career, and academic information.
Approximately 15 FSCC employees outside of the TRIO employees serve as TRIO mentors. FSCC receives 8% of
TRIO’s budgeted funds in administrative allowance. The program operates on a five year grant cycle, and FSCC
has already reapplied for 2025-2030 with help from Bonnie Houk from Greenbush.
CONSENT AGENDA:
A motion was made by Fewins, seconded by Ropp, and carried by unanimous vote to approve the consent agenda,
noting that the executive session will be moved to occur between Discussion Items and Action Items.
DISCUSSION ITEMS:
A. PEACEFUL ASSEMBLY POLICY: The board reviewed a proposed policy regarding peaceful
assembly. The policy will be presented for approval at the next board meeting.
B. PROGRESSIVE DISCIPLINE POLICY: The board reviewed a proposed policy regarding progressive
discipline. The policy will be presented for approval at the next board meeting. Holt clarified an
assumption of human resources’ involvement throughout the process, as well as the need to training of
supervisors on the process.
C. FACULTY QUALIFICATIONS POLICY: The board reviewed a proposed policy regarding faculty
qualifications. The policy will be presented for approval at the next board meeting.
D. CONFLICT OF INTEREST POLICY: The board reviewed a proposed policy regarding employee
conflicts of interest. The policy will be presented for approval at the next board meeting. In the Annual
Disclosure section the policy references the Board of Regents instead of Board of Trustees, so will need
revised.
E. CREDIT HOUR POLICY: The board reviewed a proposed credit hour policy. The policy will be
presented for approval at the next board meeting.
F. PURCHASING POLICY: The board reviewed a proposed purchasing policy. The policy will be
presented for approval at the next board meeting.6
G. EMPLOYEE HANDBOOK UPDATES, PART 2: The board reviewed proposed revisions to the
employee handbook. This section will be presented for approval at the next board meeting. Suggested
revisions should be provided before the next board meeting.
H. MEETING STREAMING: FSCC stopped streaming some months ago in an effort to support a
minimally staffed IT Department. The Board discussed the pros and cons of streaming meetings, including
what other public entities and community colleges stream meetings. The Board would like feedback from
other entities that do or don’t stream.
EXECUTIVE SESSION: A motion was made by Bailey, seconded by Bartelsmeyer, and carried by unanimous
vote to adjourn to executive session for fifteen minutes beginning at 6:25 pm for the purpose of discussing non-
elected personnel as it relates to discussion of identifiable information of non-elected personnel with action not
expected to follow. The Board invited Sonia Gugnani and Sara Sutton to join.
OPEN SESSION: A motion was made by Bailey, seconded by Ropp, and carried by unanimous vote to return to
open session at 6:41 pm.
ACTION ITEMS:
A. Resolution 2024 – 68: A motion was made by Bartelsmeyer seconded by Ropp, and carried by unanimous
vote to approve the Family and Medical Leave Policy.
B. Resolution 2024 – 69: A motion was made by Bailey, seconded by Bartelsmeyer, and carried by
unanimous vote to approve the International Student Deposit Policy.
C. Resolution 2024 – 70: A motion was made by Ropp, seconded by Bartelsmeyer, and carried by unanimous
vote to approve Employee Handbook Updates, Part 1.
D. Resolution 2024 – 71: A motion was made by Bartelsmeyer, seconded by Fewins, and carried by
unanimous vote to approve the revised Substance Abuse Policy.
E. Resolution 2024 – 72: A motion was made by Bartelsmeyer, seconded by Ropp, and carried by unanimous
vote to approve the revised Program Review Policy.
F. Resolution 2024 – 73: A motion was made by Bartelsmeyer, seconded by Fewins, and carried by
unanimous vote to approve the 3 BCBS health plans as presented, the BCBS dental plan as presented, and
the EyeMed vision plan as presented.
G. Resolution 2024 – 74: A motion was made by Bailey, seconded by McKinnis, and carried by unanimous
vote to reject the sublease agreement from Southeastern Technical Academy for Rural Students (STARS)
in the interest of having further conversation with STARS.
H. Resolution 2024 – 75: A motion was made by Ropp, seconded by Bartelsmeyer, and carried by unanimous
vote to approve the commercial real estate sales contract for the property at 810 Burke Street.
REPORTS:
• ADMINISTRATION – The Board reviewed and heard updates from Academic Affairs, Student Services,
Foundation, Finance and Operations, and the Interim President.
ADJOURNMENT: There being no further business to come before the Trustees, a motion to adjourn was made at
7:50 pm by Bartelsmeyer, seconded by Bailey, and carried by unanimous vote.
Monthly Archives: December 2024
Grief Share Support Group Starts on January 7
Obituary of Dawnelle Ornstein
Dawnelle Rose Ornstein, age 36, a resident of Ft. Scott, Kansas, passed away Wednesday, December 11, 2024, at her home. She was born April 30, 1988, in Ft. Scott, the daughter of Jimmy Dean Kimler and Donna Chaplin. After completing high school, Dawnelle went on to become a CNA.
She was united in marriage to Alan Ornstein on May 9, 2009. Dawnelle and Alan’s wedding ceremony was held at Elm Creek Lake west of Ft. Scott.
Dawnelle had worked as a CNA and as a clerk at Five Corners Mini Mart. Currently she was working as a customer service representative for Clarity Insurance Company, formerly Cobalt.
Her most important job, however, was being a loving and devoted wife and mother. Dawnelle loved being a mom and faithfully attended her sons’ sporting events. She also enjoyed being outdoors. Favorite times were spent camping with her family or going for a ride on the motorcycle.
Survivors include her husband, Alan and their three boys, Terrian Joseph, Tavian Alan and Talan Dean, all of the home in Ft. Scott. Also surviving is her mother, Donna Chaplin of Ft. Scott and a brother, Jody Chaplin, of Uniontown, Kansas and several aunts, uncles and cousins.
Dawnelle was preceded in death by her father and a sister, Cherokee Springston.
Funeral services will be held at 1:00 P.M. Wednesday, December 18th at the Cheney Witt Chapel.
Burial will follow in the Large Cemetery.
The family will receive friends from 5 to 7 P.M. Tuesday at the Cheney Witt Chapel.
Memorials are suggested to the Dawnelle Ornstein Memorial Fund and may be left in care of the Cheney Witt Chapel, 201 S. Main, Ft. Scott, KS 66701. Words of remembrance may be submitted to the online guestbook at cheneywitt.com.
Letters of Interest Sought For Redistricting Process To Expand Bourbon County Commission
At the December 12 Bourbon County Commission meeting Commissioner Clifton Beth asked resident Michael Hoyt to assemble a citizens group to oversee the redistricting process that was approved in the November 2024 election.
Letters of Interest to participate in the redistricting process of Bourbon County expanding the County Commission from 3 to 5 persons are needed for the process.
“In my opinion, I feel that each current commissioner district should be represented to oversee this process,” Hoyt said in an email to fortscott.biz. “… I am seeking letters of interest from anyone who would like to participate; any Bourbon County elector and must be able to meet from 9 am to 5 pm since we will need the ability to communicate with state officials and county employees elected and non-elected. Letters can be sent to my address: P.O. Box 1009, Fort Scott, KS 66701. “
“You must be available for the meeting from 9 a.m. to 5 p.m. since I expect the committee will be working with state and county officials both elected and non-elected,” Hoyt said.
“Time is short to meet the required deadline, so your interest must be received by December 20, 2024, and I would anticipate working through the holiday period”
Representation from all 3 current districts is the expectation, he said.
“All letters will receive a confirmation of receipt and be presented for selection by the Commission..or send it to me in an email at [email protected]. The first meeting will be held immediately following the Commission meeting on December 19, 2024.”
Outdoor Rink Attracts 365 Skaters During Opening Weekend
The new outdoor skating rink in Fort Scott had approximately 365 people skate the opening weekend during the Christmas on the Bricks Festival on December 6-8.
“Everyone that has visited the rink seems to be enjoying it,” Diane Striler, the event organizer said. “One of the best things we overheard was a little girl who told her mom that now they don’t have to go up to Kansas City to skate.”
Free tickets to skate now available
“We have three groups that have purchased tickets so kids can skate for free.
1. anonymous donor – 100 tickets
2. Farmer Philanthropy/Carla Farmer – 100 tickets
3. Fort Scott Kiwanis – 50 tickets
Kiwanis Pioneers- 50 tickets
“Skate aides are available for $2 per skater-free for those with disabilities,” Striler said.
Tickets can be picked up at the Fort Scott Chamber – 231 E Wall St- 8:30 a.m. to 5 p.m.
“All workers at the rink are coordinated through The Fort Scott Area Chamber Foundation,” she said.
Appreciation For Those Who Helped Bring Rink To Fruition
“We would like to recognize the donors of the rink,” said Striler. “We especially wanted to thank Al and Luanna Niece for their amazing contribution of $25,000.”
“The ones below the Nieces donated $5,000 and down to $500,” Striler said.
“The graphic (below) is all the individuals that donated their time toward the contruction for the rink and set up,” she said.
“The list (above) includes everyone that monetarily donated at all levels toward the rink, helped with fundraisers and we also wanted to thank the bakers that helped with the Pumpkin Roll Fundraiser – Taira Williams, Jamie Beckham, Joyce Davenport and Jolynne Mitchell and Fort Scott Broadcasting for helping us get out all the information. We want to thank these people and everyone that contributed in any way,” Striler said.
The Bourbon County Sheriff’s Office Daily Reports Dec. 13
Stuck in a Rut by Patty LaRoche
Author: A Little Faith Lift…Finding Joy Beyond Rejection
www.alittlefaithlift.com
AWSA (Advanced Writers & Speakers Assoc.)
Last week, I wrote about our camping trip to the Dunes, sand hills in California that cover over 800 acres and rise 500 feet in the air. Crazy drivers race up and down the mountains or zigzag their way through the sand canyons. Ambulances await at the entrance for the call that they are needed, a common occurrence.
Our family gets there the week before Thanksgiving to find a level spot at the top of the camping arena. From there, they can see hundreds of motor homes and campers scattered across the terrain. Those who attempt to camp on higher ground frequently find that their trucks, pulling their RV’s, do not have the appropriate tires for sufficient traction. The men in our group were called upon not a few times to tow someone out.
The first day Dave and I were there, we watched as an inexperienced driver needed help. His dual-wheeled truck, towing a large R.V., was stuck, so Haley, one of the men in our group, pulled his truck in front of the stranded one, tied on a heavy-duty tow strap, and explained to the other driver how he needed to “gun it” when Haley raised his arm. Three times, the man failed to obey. He waited for the pull of the strap before he pressed on the gas instead of pushing on the gas first. Haley’s truck now was spinning its wheels, sand spraying everywhere.
The fourth attempt, the man unattached his RV, did what he was told, and was pulled out of the sand. Had he just listened and obeyed the first time!
Sometimes when in a rut, we, like the stranded man in this story, try to dig ourselves out instead of relying on other’s expertise. After all, we know better, right? Who needs GPS when common sense tells us how to get to our desired destination (says Hubby)? Why should we listen to the doctor’s instructions to rest when we have umpteen pressing errands to run? What’s wrong with listening to a divorce lawyer instead of a Christian counselor?
It’s no different in our spiritual life. How many times have I, when I am in a mess, called a friend instead of calling God to help me out, even though my friend’s advice is anything but godly. “You don’t deserve to be treated like that”; “I hope you gave her a piece of your mind”; “Don’t ever say you’re sorry.”
In 1 Kings 12, we read a tragic story of King Solomon’s son, Rehoboam, making a bad choice instead of asking God for advice. After Solomon’s death, Rehoboam was in line to be king. His job was to unify Judah and Israel. The Israelites begged him to lighten the workload Solomon had laid on them. After consulting the elders who had served Solomon for advice, he ignored their answer: “If today you will be a servant to these people and serve them and give them a favorable answer, they will always be your servants.”
Rehoboam instead listened to his guy-pals who said the yoke should be heavier, not lighter. The Israelites rebelled. Instead of unifying the two countries, his actions divided them. One of the saddest scriptures is found in 2 Chron. 12:13-14 which describes Rehoboam’s demise: “And he did evil, for he did not set his heart to seek Yahweh.” Sometimes pride gets in our way and doesn’t allow us to yield to the opinion of a more knowledgeable person. And we suffer. But not turning to God? Only if we wish to dig ourselves into a deeper rut should we ever make that choice.
Parkway Church of God: Christmas with The Bryant Creek Trio & Shoal Creek Revival On Dec.13
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CASA Benefit is Dec. 13
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Agenda For the Dec. 17 Meeting of the FS City Commission
NOTICE OF AND AGENDA FOR REGULAR
MEETING OF FORT SCOTT CITY COMMISSION
City Hall Commission Room – 123 S. Main Street, Fort Scott, KS 66701
December 17, 2024 – 6:00 P.M.
- Call to Order
- Roll Call
Tim VanHoecke, Matthew Wells, Dyllon Olson, Kathryn Salsbury, Tracy Dancer
III. Pledge of Allegiance
- Invocation
- Approval of Agenda
- Consent Agenda
- Approval of Appropriation Ordinance 1374-A – Expense Approval Report – Payment Dates of November 27, 2024, to December 10, 2024, – $457,779.84
- Approval of Minutes for December 3, 2024, Regular Meeting and December 6, 2024, Special Meeting.
- Approval of Renewed Cereal Malt Beverage(CMB) License for 2025
Original Unopened Container – Not for Consumption on the Premises
Walmart #0039 – 2500 S. Main
Walgreens #11086 – 2229 S. Main
Pete’s #28 – 1135 E. Wall
Pete’s #27 – 605 National
Pete’s #20 – 998 N. National
Pete’s #14 – 1920 S. Main
Casey’s #3399 – 2216 S. Main
G & W Foods/Cash Saver – 911 E. 6th
Consumption on the Premises
Fifthwheel Tavern – 206 N. Humbolt
Woodland Hills Golf Course – 2414 S. Horton
- November Financials
VII. Public Comment
VIII. Appearances
- Becky Johnon/SEKMCHD – Overview of Services provided by SEK Multi-County Public Health Department.
- Unfinished Business
- Status of 118 E. Wall – Tabled from November 19, 2024.
- Status of Horton 6th Street Project – Representative/Emery Sapp & Sons
- New Business
Public Hearing:
- Amendment of the 2024 Budget pertaining to Stormwater Fund No. 719 and Golf Fund No. 219 – BakerTilly
Action Items:
- Consideration of Certificate of Appropriateness – (Jerry Witt) – Recommended by Design Review Board on December 10, 2024.
- Consideration to Approve Updated Woodland Hills Golf Course Rates – M. Wyatt
- Consideration to Approval Ordinance No. – Wages Ordinance No. 3779
- Consideration of Change Order No. 3 – 6 U 2455-01 Horton St. & 6th Improvements – Heck & Wicker, Inc. – EEI Project No. 22-049 – Earles Engineering & Inspections, Inc. – (3) options provided – J. Dickman
- Consideration to Approve Addendum No. 3 – Wastewater Evaluation and Design Contract – EEI File No. 21-303 –New Generator to Davis Lift Station – Dickman
- Reports and Comments
- City Manager Comments
- Engineering Comments
- Commissioners Comments
- City Attorney Comments
XII. Adjourn
Unapproved Minutes of the FS City Commission Meeting of Dec. 6
CITY OF FORT SCOTT CITY COMMISSION MEETING
Minutes of December 6, 2024 Special Meeting
A regular meeting of the Fort Scott City Commission was held at 11:00AM in the City Commission Meeting Room at City Hall, 123 S. Main Street, Fort Scott, Kansas. The meeting was streamed live on The City of Fort Scott YouTube Channel but audio was not available due to technical difficulties.
The meeting was called to order at 11:06AM. Commissioners Tim VanHoecke (by phone), Dyllon Olson (by phone), and Matthew Wells were present with Mayor Tracy Dancer. Kathryn Salsbury was absent.
Brad Matkin/City Manager, Jason Dickman/Earles Engineer & Inspection, Inc. (by phone) and Lisa Lewis/City Clerk were present for the meeting.
- Dancer led the Pledge of Allegiance and said a prayer asking God for guidance for the City, our Government and City officials.
Approval of Agenda
MOTION: M. Wells moved to approve the agenda as presented. T. VanHoecke seconded the motion. All present voted yes.
MOTION PASSED BY 4-0 VOTE.
Public Comment – No comments.
Unfinished Business
Consideration of Contractor’s Application for Payment No. 5-REV – Heck & Wicker, Inc. – Project No. 24-414 (Concrete and Dirt Work) $140,130.12
MOTION: M. Wells moved to approve the requested payment of $140,130.12 to Heck & Wicker for the concrete and dirt work that was completed and approved. D. Olson seconded the motion. All present voted yes.
MOTION PASSED BY 4-0 VOTE.
Adjourn
MOTION: T. VanHoecke moved to adjourn the meeting at 11:13AM. M. Wells seconded the motion. All present voted yes.
MEETING ADJOURNED AT 11:13AM.
_______________________________________________________________________
Submitted by:
Lisa A. Lewis, City Clerk
Unapproved FS City Commission Minutes of December 3
CITY OF FORT SCOTT CITY COMMISSION MEETING
Minutes of December 3, 2024 Regular Meeting
A regular meeting of the Fort Scott City Commission was held at 6:00PM in the City Commission Meeting Room at City Hall, 123 S. Main Street, Fort Scott, Kansas. The meeting was streamed live on YouTube – City of Fort Scott Channel.
The meeting was called to order at 6:00PM. Commissioners Tim VanHoecke, Dyllon Olson, Matthew Wells, and Kathryn Salsbury were present with Mayor Tracy Dancer.
Audience in Attendance – Brad Matkin/City Manager, Bob Farmer/City Attorney, Jason Dickman/City Engineer-Earles Engineering & Inspections, Inc., Caleb Bell/FSPD Lieutenant, Leroy Kruger/Codes Enforcement Technician, Jessica Oliphant/BakerTilly (by telephone), Bill Lemke/Water Collections, Laura Dunfee, Steven Dunfee, Robert Coon
- Dancer led the Pledge of Allegiance and said a prayer asking God for guidance for the City, our Government and City officials.
Approval of Agenda (Time stamp 1:45)
MOTION: T. VanHoecke moved to approve the Agenda as presented. K. Salsbury seconded the motion. All those present voted yes.
MOTION PASSED BY 5-0 VOTE.
Approval of Consent Agenda (Time stamp 3:00)
- Approval of Appropriation Ordinance 1373-A – Expense Approval Report – Payment Dates of November 13, 2024, to November 26, 2024, – $1,118,230.10
- Approval of Minutes for November 19, 2024, Regular Meeting
MOTION: D. Olson moved to approve the Agenda as presented. T. VanHoecke seconded the motion. All voted yes.
MOTION PASSED BY 5-0 VOTE.
Public Comment
Robert Coon – (Time stamp 3:45) – addressed the Commission regarding the status of 118 E. Wall. He is encouraging a decision from the Commission at the next meeting following the inspection from the structural engineer on December 9, 2024. This situation has greatly impacted his business, and he requested a resolution because it has been (1) year since the situation began.
Unfinished Business
(Time stamp 11:01)
Consideration of RESOLUTION NO. 31-2024 – RESOLUTION DIRECTING THE REPAIR OR REMOVAL OF AN ALLEGED UNSAFE AND DANGEROUS STRUCTURE AT 1105 S. STATE– Tabled from November 19, 2024.
- Kruger stated that the Codes Department has been in contact with the owner as the Commission requested. The owner does not have any interest in repairing the home and wants to sell the property. It is recommended that the unsafe and dangerous structure be removed, and the City seek bids for demolition.
MOTION: T. VanHoecke moved to approve Resolution No. 31-2024 directing the removal of the structure at 1105 S Scott. K. Salsbury seconded the motion. All voted yes.
MOTION PASSED BY 5-0 VOTE.
(Time stamp 14:40)
-Consideration of Certificate of Appropriateness – 17 S. Main – Move Sign to New Location – Recommended by Design Review Board on November 12, 2024, and tabled by City Commission on November 19, 2024.
MOTION: T. VanHoecke moved to approve the Certificate of Appropriateness to move the Stutesman Action Realty sign from 120 Wall Street to 17 S. Main. M. Wells seconded the motion. All voted yes.
MOTION PASSED BY 5-0 VOTE.
New Business
(Time stamp 16:40)
Consideration to Replace Charles Street Lift Station – B. Lemke addressed the Commission to request the replacement of the Charles Lift Station due to its current condition. Repairs have been attempted. Parts are not readily available due to the age of the equipment. He has selected an above ground lift station that uses a siphon-style priming system that uses check valves to keep it in place. It is manufactured by Gorman/Rupp and Haynes Equipment is the sole source provider. It was chosen because it has less electro-mechanical parts. He believes it will be cheaper to run, long-term and easier to maintain. The cost of the station is $83,500.00 and will need to be installed by a contractor. He would need to solicit bids for the removal and installation of the lift station. His ask is for approval to purchase the new station and seek bids for removal and installation.
Discussion was had regarding sole source and other station options.
MOTION: T. VanHoecke moved to approve the City going out for a “turn-key” lift station at Charles Street. D. Olson seconded the motion. All voted yes.
MOTION PASSED BY 5-0 VOTE.
ACTION: B. Lemke will work with Earles Engineering to create a comprehensive bid for all that is needed for the new lift station and return to the Commission.
Consideration of Verizon Tolling Agreement – B. Farmer explained that Verizon is actively looking for a new location for the cell tower because the location that was applied for was denied by the City Commission. He stated that Verizon has said that they have the right to appeal the decision in federal court. The agreement for consideration is a “stop the clock” agreement. The City will do nothing other than what is already done, and Verizon will not appeal while they explore the options to move the tower. He understands that the Verizon legal department and the business side have authorized this agreement as well. During this time, Verizon will decide if they will submit another application for a different location and the 150-day deadline no longer applies with the approval of this agreement.
MOTION: D. Olson moved to approve the Tolling Agreement. M. Wells seconded the motion. All voted yes.
MOTION PASSED BY 5-0 VOTE.
(Time stamp 34:17)
Consideration to set a Budget Hearing on December 17, 2024, for amending the 2024 Budget pertaining to Stormwater Fund No. 719 and Golf Fund No. 219. – J. Oliphant explained that this is part of the annual compliance of submitting the budget to the state. BakerTilly reviews the projections to see if any of the funds will expend beyond the budget authority that was submitted last year for 2024. Stormwater and golf are the only (2) funds that appear to be expending more than what was budgeted. A budget hearing is required to approve an amendment to the budget to bring these (2) funds into compliance. Neither is over budget by a lot. The stormwater fund should have enough revenue in its charges for service to cover the overages and expenditures. The Golf Fund will require a small supplement from the General Fund. This is the first year that the Golf Fund has been independent, so in prior years it would have rolled up with the General Fund to receive its supplement. This is a more transparent way of providing these services.
- Farmer left the meeting (Time stamp 35:10).
- Farmer returned to the meeting (Time stamp 36:58).
MOTION: M. Wells moved to set a budget hearing for December 17, 2024. K. Salsbury seconded the motion. All voted yes.
MOTION PASSED BY 5-0 VOTE.
ACTION: J. Oliphant will provide a of expenditures of the Stormwater Fund and the Golf Fund to outline the overages prior to the budget hearing.
(Time stamp 37:32)
Consideration of RESOLUTION NO. 34-2024 A RESOLUTION TO ESTABLISH URBAN AREA BOUNDARY LINES and RESOLUTION NO. 35-2024 A RESOLUTION TO APPROVE URBAN FUNCTIONAL CLASSIFICATION SYSTEM – B. Matkin stated that this is a process that is done every few years in conjunction with the County. It defines the boundaries and the classifications of the roads. There were no changes to the Fort Scott boundaries but there were a few changes to the classification of a few roads due to a traffic study.
MOTION: M. Wells moved to approve Resolution No. 34-2024 and Resolution No. 35-2024. D. Olson seconded the motion. All voted yes.
MOTION PASSED BY 5-0 VOTE.
(Time stamp 40:41)
Request to Pay Heck & Wicker – Project No. 6 U-2455-01 – EEI Project No. 24-414 – Payment No. 5 – $450,052.32 – J. Dickman presented a request for the Commission to pay for materials (asphalt and fabric), Earle’s Engineering would issue a letter to Heck & Wicker stating that the final product is defective and have requirements for them to profile the roadway and based on KDOT specs and wherever it does not meet the tolerances, they would have to diamond grind at the expense of the contractor, not the City.
Discussion was had regarding the City’s dissatisfaction with the surface of Horton Street and specifically the fact that the specs of the contract were not followed and the surface was poured in (1) 3” lift instead of the specified (2) 1 ½” lifts, along with issues with the fabric, milling and a lack of a Change Order.
Emery Sapp & Sons sent a statement to B. Matkin regarding possible resolutions. He addressed the Commission and answered questions. (Most of his comments were inaudible for accurate transcription).
- Farmer stated “The specs are a contract. A written contract cannot be modified by an oral assertion. It cannot be done. Period. End of story. I’m not responsible is not a defense.”
Further discussion was had regarding where the communication went wrong and the need for a resolution.
ACTION: J. Dickman will check the project report to see if there is any documentation regarding the decision to change from the specs.
ACTION: J. Dickman will try to find which bidder asked for clarification on the bid regarding the 3” lift which required an addendum (Addendum 2) to the bid.
- Dickman again requested that the Commission pay the pay request. He stated if the Commission wants to go down the road of “defective based on smoothness” then he needs to provide them a letter rejecting the final product, still per spec is paid for, but now they have to fix it.
Discussion was had about the pieces of the contract. Article 14 of the contract pertains to the letter J. Dickman would draft to tell Heck & Wicker that the City does not accept the smoothness of this road…the fix is on you and here’s my recommendations.
Further discussion was had about diamond grinding as a resolution.
MOTION: M. Wells moved to table the approval of the Contractor’s Application for Payment No. 5 until information is provided from Heck & Wicker, Jason has an opportunity to go through the emails, Jesse can go through his emails to provide the Commission any kind of documentation to back up any of the back and forth and put this on the agenda for the next meeting . D. Olson seconded the motion. All voted yes.
MOTION PASSED BY 5-0 VOTE.
Reports and Comments: (Time stamp 1:15:13)
MOTION: T. VanHoecke moved to adjourn the meeting at 7:24PM. D. Olson seconded the motion. All voted yes.
MEETING ADJOURNED AT 7:24PM.
_______________________________________________________________________
Submitted by:
Lisa A. Lewis, City Clerk