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Unapproved Fort Scott City Commission Minutes of January 23

CITY OF FORT SCOTT

SPECIAL CITY COMMISSION MEETING

 Unapproved minutes

 

Minutes of January 23, 2024                                           Regular Meeting

 

A regular meeting of the Fort Scott City Commission was held January 23, 2024, at 6:00PM in the City Commission Meeting Room at City Hall, 123 S. Main Street, Fort Scott, Kansas.

 

ROLL CALL

Commissioners T. Van Hoecke, M. Wells, M. Guns, and D. Olson were present with Mayor T. Dancer.

 

PLEDGE OF ALLEGIANCE AND INVOCATION   T. Dancer led the Pledge of Allegiance and B. Matkin provided the invocation.

 

AUDIENCE IN ATTENDANCE Brad Matkin/City Manager, Jason Dickman/Earles Engineering, Jason Pickert/Chief of Police, Ben Hart/BakerTilly-Finance, Dave Bruner/Fire Chief, Mark McCoy/REDI, Robert Harrington/REDI, Marvin A. Lewis, Josh Jones, Travis Sawyer, Michael J. Hoyt, Jody Lore, Darnell Pullian, Barry Queen, Dean Striler and Cory Bryars.

 

 

APPROVAL OF AGENDA

 

  1. VanHoecke moved to approve the agenda as submitted. M. Wells seconded. All voted aye.

 

AGENDA APPROVED AS SUBMITTED.

 

 

CONSENT AGENDA

 

  1. Approval of Minutes of the Regular Meeting of December 19, 2023, and January 9, 2024
  2. Approval of Appropriation Ordinance 1352-A – $1,136,092.65
  3. Request to Pay – Bennett, Inc. –Project No. 23-005B – Infantry Substation Sanitary Sewer Relocation – Payment Application No. 3 — $104,165.51.
  4. Request to Pay – Bennett, Inc. – Project No. 23-005B – Infantry Substation Sanitary Sewer Relocation – Payment Application No. 4 (Final) – $40,964.70 – with Substantial Completion
  5. Request to Pay – Sprouls Construction, Inc. – Project No. 22-031B – Fort Scott Pavilion – Application for Payment No. 4 – $29,468.65.

 

  1. Request to Pay – Environmental Process Equipment Company (EPEC) – Invoice #01162401 – UV Upgrade at WWTP – Final Payment – (remaining 10% of $318,378.00) – $31,837.80.
  2. December Financials

 

  1. Wells moved to approve the Consent Agenda. T. VanHoecke seconded. All voted aye.

 

CONSENT AGENDA APPROVED.

 

 

PUBLIC COMMENT

 

Josh Jones:  J. Jones addressed the Commission requesting that they delay approving the Bourbon County REDI Contract for 2024 that is on the night’s agenda until the next meeting to hear a proposal from the Healthy Bourbon County Action Team (HBCAT) to complement REDI.  

 

Dean Striler:  D. Striler addressed the Commission regarding his disapproval of the decision to disband the Lake Fort Scott Advisory Board and requested an explanation.

 

Barry Queen:  B. Queen addressed the Commission regarding his disapproval and concerns of the decision to disband the Lake Fort Scott Advisory Board. He would like clear communication.

 

Michael J. Hoyt:  M. Hoyt addressed the Commission regarding who will be the City contact for the STAR Bond. B. Matkin stated that he is the City contact and Garth Hermann/GillmoreBell who B. Matkin would contact for responses to STAR Bond questions.

 

 

OLD BUSINESS

 

Combine Planning Commission and Zoning Board of Appeals – tabled from January 9, 2024, for legal counsel

  1. Farmer stated that the Planning Commission and Zoning Board of Appeals must remain (2) separate boards. They each serve separate purposes whose duties cannot be completed by a single board, and each has distinct functions.

 

NO ACTION TAKEN. THE BOARDS REMAIN SEPARATE.  

 

Resolution No. 3-2024 – EXEMPTION FROM GENERALLY ACCEPTED ACCOUNTING PRINCIPLES UNDER K.S.A. 1120A – tabled from January 9, 2024

  1. Hart explained the differences between General Accepted Accounting Principles (GAAP) and accounting by Cash Basis which is designed for smaller cities in the state of Kansas which is done by waiver under this resolution.

 

  1. VanHoecke moved to approve Resolution No. 3-2024 – EXEMPTION FROM GENERALLY ACCEPTED ACCOUNTING PRINCIPLES UNDER K.S.A. 1120A. M. Wells seconded.

 

  1. Hoyt was recognized by the Chair to comment on waiving GAAP.

 

All voted aye.

 

APPROVED RESOLUTION NO. 3-2024 – EXEMPTION FROM GENERALLY ACCEPTED ACCOUNTING PRINCIPLES UNDER K.S.A. 1120A.

 

City Commission Representative to the Fort Scott Public Library           M. Wells explained that there was concern from the Fort Scott Public Library that the newly elected Mayor was not to sit on the Library Board. M. Wells was chosen by Commission vote to remain the representative. This is against the board’s standard practice. B. Farmer/City Attorney researched the topic and found no Kansas statutes that prohibited M. Wells from remaining on the Library Board without the title of Mayor for 2024. The direction come from the Southeastern Kansas Library Association’s accepted standards. B. Farmer will write a letter to the Fort Scott Public Library explaining the Commission’s decision to retain M. Wells as the City Commission Representative for the Fort Scott Public Library for 2024. If there continues to be an issue, the remedy would be to write a Charter Ordinance.

 

NO NEW ACTION TAKEN. THE VOTE TO RETAIN M. WELLS AS THE CITY COMMISSION REPRESENTATIVE TO THE FORT SCOTT PUBLIC LIBRARY, JANUARY 9, 2024, STANDS AS RECORDED.

 

 

APPREARANCES 

 

Michael J. Hoyt regarding Charter Ordinance No. 31: M. Hoyt addressed the Commission by request of an Appearance and provided supplemental materials. In summary, on August 18, 2020, a Charter Ordinance exempting the City of Fort Scott from the provisions of K.S.A. 12631P relating to the disposition of sewer and storm water reserve funds was passed by the City Commission. After the ordinance passed, a protest

 

petition was found to be sufficient by the County Attorney. The petition was circulated, enough signatures were obtained to put this issue on a ballot. A special election was held on January 5, 2021, and the decision was that Charter Ordinance No. 31 would NOT be invoked.  M. Hoyt stated that he has an issue with this because Charter Ordinance No. 31 is not recorded in the City’s ordinances; like it never existed. M. Hoyt stated that it should be in the City’s records as passed by the City Commission and revoked by protest petition. He is asking that it be put on the record.  B. Farmer stated that it is called a “distinction without a difference”. M. Hoyt would like to make sure that there are no further mistakes. He stated that there have been similar issues in the past.

 

  1. VanHoecke requested that (1) last look be made for the documents. If they cannot be located, the City Clerk is to request the election results and documentation from the County Clerk to have for this City Commission who will then validate the file the records at the City.
  2. Hoyt stated it would be beneficial to have the letter that was sent to the City from the County Elections Officer that said that the election did, in fact, take place.

 

The Commission directed the City Manager, City Attorney and City Clerk to follow up with the stated actions.

 

 

NEW BUSINESS 

 

Public Hearings:

 

  1. Wells moved to open the Public Hearing for Case No. 1042 at 6:45PM. T. VanHoecke seconded. All voted aye.

 

APPROVED TO OPEN PUBLIC HEARING FOR CASE NO. 1042 – VACATION OF E. 21ST STREET – MARVIN A. LEWIS AT 6:45PM.

 

Case No. 1042 – Vacation of E. 21st Street – Marvin A. Lewis – Not recommended by Planning Commission January 10, 2024.

  1. Lewis was present as well as Josh Jones who has property that would be affected by the vacation of the street. The Planning Commission did not recommend the vacation due to accessibility concerns for potential development in the immediate area. J. Jones proposed an alternative solution at the end of the Planning Commission meeting on January 10, 2024. J. Jones suggested swapping the parcels on each side of E. 21st Street so that M. Lewis’ property would remain together instead of being split by the road and easement. The Planning Commission did not recommend vacating E. 21st Street as requested. They heard the alternative proposal after voting and suggested taking the idea to the City Commission for consideration as a compromise to the access concerns.

 

Discussion was had about options.  B. Farmer stated that the Commission can only vote on whether to vacate E. 21st Street as presented in the case.  J. Jones stated that the alternative would be to vote on the vacation and then make a second motion regarding the proposal.

 

  1. Guns moved to close the Public Hearing at 6:55PM. M. Wells seconded. All voted aye.

 

APPROVED TO CLOSE THE PUBLIC HEARING OF CASE NO. 1042 AT 6:55PM.

 

  1. Wells motioned to follow the recommendation of the Planning Commission and not approve the action request to vacate E. 21st Street as presented in Case No. 1042. T. VanHoecke seconded. All voted aye.

 

APPROVED TO FOLLOW THE RECOMMENDATION OF THE PLANNING COMMISSION AND NOT APPROVE THE ACTION REQUEST TO VACATE E. 21ST STREET AS PRESENTED IN CASE NO. 1042.

 

  1. Wells moved to have the City Attorney write a proposal to swap Lot 11, owned by Marvin A. Lewis, with the City-owned property on the other side of E. 21st Street. The City of Fort Scott would maintain the ability access to utilities on all land in the transaction. This proposal is to be presented to Marvin A. Lewis for consideration. M. Guns seconded. All voted aye.

 

APPROVED TO HAVE THE CITY ATTORNEY WRITE A PROPOSAL TO SWAP LOT 11, OWNED BY MARVIN A. LEWIS, WITH THE CITY-OWNED PROPERTY ON THE OTHER SIDE OF E. 21ST STREET. THE CITY OF FORT SCOTT WOULD MAINTAIN THE ABILITY ACCESS TO UTILITIES ON ALL LAND IN THE TRANSACTION. THIS PROPOSAL IS TO BE PRESENTED TO MARVIN A. LEWIS FOR CONSIDERATION.

 

  1. Wells moved to open the Public Hearing for Case No. 1044 at 6:57PM. T. VanHoecke seconded. All voted aye.

 

APPROVED TO OPEN PUBLIC HEARING FOR CASE NO. 1044 – ZONING CHANGE AND SPECIAL USE PERMIT – 1601 E. WALL – TRAVIS SAWYER AT 6:57PM.

 

Case No. 1044 – Zoning Change and Special Use Permit – 1601 E. Wall – Travis Sawyer – Recommended by Planning Commission January 10, 2024 – Travis Sawyer requested that the City Commission consider a change in his original proposal to the Planning Commission which is to move the proposed building (7) feet closer to Franklin Street than what was represented on the map. He stated he spoke to the Planning Commission about it because he would be building into the easement. The intention is to keep it further from the waterway. The previous building was into the easement as well.

 

Pete Allen asked that the Commission keep in consideration the proposed Wall Street Historic District that is in process.

 

The City Engineer stated that he looked at the site and if the paperwork includes a variance to the setback, everything should be fine.

 

  1. VanHoecke moved to close the Public Hearing at 7:07PM. D. Olson seconded. All voted aye.

 

APPROVED TO CLOSE THE PUBLIC HEARING OF CASE NO. 1044 AT 7:07PM.

 

  1. VanHoecke moved to follow the recommendation of the Planning Commission and approve the action request of Case No. 1044 to change the zoning and special use permit of 1601 E. Wall Street. D. Olson seconded. All voted aye.

 

APPROVED TO FOLLOW THE RECOMMENDATION OF THE PLANNING COMMISSION AND APPROVE THE ACTION REQUEST OF CASE NO. 1044 TO CHANGE THE ZONING OF 1601 E. WALL STREET FROM MULTI-USE TO C-3 AND APPROVE THE SPECIAL USE PERMIT.

 

 

ACTION ITEMS

 

Replacement of staff vehicle allocated in 2023 Capital Improvement Plan Fire Chief Dave Bruner addressed the Commission for permission to search for a replacement for the 2009 Trailblazer (purchased in 2010) that is currently assigned to the Deputy Fire Chief as a response vehicle.

Repair of the vehicle has become an issue. D. Bruner stated that he would like the Commission’s approval to search for a used replacement vehicle and waive the approval requirement of the City’s Purchasing

 

Policy. That would allow him to work with the City Manager and act quicker on the purchase due to the demand for used vehicles. It was determined that the Commission had previously waived the requirements if funds were available.  B. Hart confirmed funds are available in the Public Safety Capital Equipment Fund with $30,000.00 allocated in the budget and the amount is amendable if necessary.

 

  1. Wells moved to approve the purchase of an unequipped vehicle under $30,000.00 (without required emergency items) and up to $35,000.00 (with required emergency items). D. Olson seconded. All voted aye.

 

APPROVED THE PURCHASE OF AN UNEQUIPPED VEHICLE UNDER $30,000.00 (WITHOUT REQUIRED EMERGENCY ITEMS) AND UP TO $35,000.00 (WITH REQUIRED EMERGENCY ITEMS) WITH THE APPROVAL TO BE MADE BY THE CITY MANAGER.

 

  1. Matkin left the room (7:20PM)

 

Streets Advisory Board Ordinance Changes

  1. VanHoecke moved to table the discussion of ordinance changes until February 6, 2024. M. Guns seconded. All voted aye.

 

APPROVED TO TABLE THE DISCUSSION OF STREET ADVISORY BOARD ORDINANCE CHANGES UNTIL THE FEBRUARY 6, 2024, CITY COMMISSION MEETING.

 

Letter of Interest for the vacancy on the Streets Advisory Board submitted by Robert Hassig

  1. Wells moved to approve Robert Hassig as a member of the Streets Advisory Board. D. Olson seconded. All voted aye.

 

APPROVED ROBERT HASSIG AS A MEMBER OF THE FORT SCOTT STREETS ADVISORY BOARD.

 

  1. Matkin returned to the meeting (7:22PM)

 

Consideration of 2024 REDI Contract

Mark McCoy/President of Regional Economic Development Incorporated (REDI) addressed the Commission as the City and County’s economic development entity with a proposed contract beginning in 2024.

 

Discussion was had on the status of the contract and payments related to that contract.

 

  1. Harrington/Executive Director of REDI addressed the Commission regarding the future of the proposed contract with REDI and the status of the contract as he understood.

 

  1. Jones (former City Commissioner) was recognized by the Chair and made statements regarding the history of the contract with the City and REDI during his seating on the Commission.

 

Further discussion was had regarding the economic development for the City regarding first point of contact, following procedure, honoring the existing contract and possible changes in language of the proposed contract.

 

  1. Guns asked B. Hart for the amount available in the Economic Development Fund. B. Hart confirmed $196,000.00 is in the fund.

 

  1. Jones requested that the City hear a proposal from HBCAT to possibly complement the proposed REDI contract and have the (2) possibly work together.

 

  1. Guns moved to postpone consideration of the proposed 2024 Contract between REDI and the City of Fort Scott until the regular City Commission meeting of February 20, 2024. D. Olson seconded.
  2. Guns and D. Olson voted aye. T. VanHoecke, M. Wells and T. Dancer voted nay.

 

MOTION DEFEATED BY 2-3 VOTE.

 

  1. VanHoecke moved to approve the revised 2024 REDI contract which includes the 30-day cancellation notice and allows other entities to present their services to the Commission for consideration. T. Dancer seconded.

 

  1. VanHoecke and T. Dancer voted aye. D. Olson, M. Guns and M. Wells voted nay.

 

MOTION DEFEATED BY 2-3 VOTE.

 

  1. Farmer left the meeting (8:21PM)

 

 

 

 

 

Cost Plus Net Fee Agreement for (Preliminary) Engineering Services – Project No. 06-KA-6898-01 – KDOT CCLIP-US 54 Project Phase I

The City Engineer presented the official state contract which is a three-party agreement between the engineer, the City and the State. This agreement combines the fees of Phase I design and allows the 90/10 reimbursement to be put into effect. Once completed and returned to the State, a supplement to this agreement with cover Phase II design.

 

  1. Farmer returned to the meeting (8:23PM)

 

  1. Wells left the meeting (8:24PM)

 

  1. Olson moved to approve the Cost Plus Net Fee Agreement for (Preliminary) Engineering Services as presented. M. Guns seconded. D. Olson, M. Guns, T. VanHoecke, T. Dancer voted aye. M. Wells was absent for the vote.

 

APPROVED THE COST PLUS NET FEE AGREEMENT FOR (PRELIMINARY) ENGINEERING SERVICES FOR PROJECT NO. 06-KA-6898-01 KDOT CCLIP US54 PROJECT PHASE I.

 

  1. Wells returned to the meeting (8:25PM)

 

 

Work Session – Contractors’ Advisory Board

  1. Wells moved for continuation of discussions by Work Session regarding a Contractors’ Advisory Board to be held on February 20, 2024, 5:00PM at City Hall. M. Guns seconded.

 

 

REPORTS AND COMMENTS

Comments were made by the City Manager, City Engineer, Commissioner VanHoecke, Commissioner Wells, Commissioner Guns, Commissioner Olson, and Commissioner Dancer. Available on the City of Fort Scott YouTube Channel.

 

 

EXECUTIVE SESSION

  1. VanHoecke moved for the City Commission to recess into Executive Session for the purpose of discussing matter pursuant to the attorney/client privilege exception in K.S.A. 75-4319(b)(2). In the meeting will be the (5) City Commissioners, the City Manager, and the City Attorney. The open meeting will resume in the Commission Room at 9:06PM. M. Wells seconded. All voted aye.

 

APPROVED TO RECESS INTO EXECUTIVE SESSION.

 

  1. Wells moved to come out of Executive Session with no action. T. VanHoecke seconded. All voted aye.

 

APPROVED TO MOVE OUT OF EXECUTIVE SESSION WITH NO ACTION.

 

  1. VanHoecke moved to adjourn the meeting at 9:08PM. M. Guns seconded. All voted aye.

 

MEETING ADJOURNED AT 9:08PM.

 

Submitted by:

Lisa A. Lewis, City Clerk

USDA Issues Payments of Disaster Relief to Crop Producers

USDA to Issue $306 Million in Final Payments to Producers Impacted by 2020 and 2021 Natural Disasters

WASHINGTON, Feb. 6, 2024 – The U. S Department of Agriculture (USDA) is issuing final Emergency Relief Program (ERP) payments totaling approximately $306 million to eligible commodity and specialty crop producers who incurred losses due to natural disasters in 2020 and 2021. USDA’s Farm Service Agency (FSA) will begin issuing these additional payments to eligible producers this week.

“In the natural disaster recovery process, every little bit of available assistance helps offset the financial toll that these catastrophic events have taken on agricultural producers, their families, and their operations,” said FSA Administrator Zach Ducheneaux. “With remaining funds after initial factoring, USDA was able to put additional money back in the hands of the producers as we strive for the most fair and equitable distribution of available funds to as many producers as possible.”

Recipients of the additional payment are limited to those producers who received ERP Phase One payments from FSA that were calculated based on crop insurance indemnities. Initially, ERP Phase One payments to producers who were indemnified through Federal crop insurance, were subject to a 75% payment factor. FSA has since determined that adequate funding exists to provide an additional 3.5% ERP Phase One payment to producers who had crop insurance increasing the overall payment factor to 78.5%. These additional ERP Phase One payments are subject to FSA payment limitation provisions as outlined in the ERP Phase One fact sheet

Because ERP Phase One payments to producers of noninsured crops covered by FSA NAP policies were originally paid at 100%, there will be no additional payments issued to these producers for 2020 and 2021 losses. 

The Extending Government Funding and Delivering Emergency Assistance Act, 2021 (P.L. 117-43) provided $10 billion in assistance to agricultural producers impacted by wildfires, droughts, hurricanes, winter storms and other eligible disasters experienced during calendar years 2020 and 2021. In 2022, FSA implemented ERP Phase One, which delivered $7.5 billion in payments to commodity and specialty crop producers. For Phase One, ERP used a streamlined process with pre-filled application forms, leveraging crop insurance indemnities or Noninsured Crop Disaster Assistance Program (NAP) payments on file with USDA.   

Separately, through the Disaster Relief Supplemental Appropriations Act, 2023 (P.L. 117-328) Congress allocated approximately $3.2 billion in funding to cover necessary expenses related to losses of revenue, quality or production losses of crops. Enrollment is ongoing for ERP 2022, which covers losses to crops, trees, bushes and vines due to qualifying, calendar year 2022 natural disaster events including wildfires, hurricanes, floods, derechos, excessive heat, tornadoes, winter storms, freeze (including a polar vortex), smoke exposure, excessive moisture, qualifying drought and related conditions. 

USDA touches the lives of all Americans each day in so many positive ways. In the Biden-Harris administration, USDA is transforming America’s food system with a greater focus on more resilient local and regional food production, fairer markets for all producers, ensuring access to healthy and nutritious food in all communities, building new markets and streams of income for farmers and producers using climate smart food and forestry practices, making historic investments in infrastructure and clean energy capabilities in rural America, and committing to equity across the Department by removing systemic barriers and building a workforce more representative of America. To learn more, visit usda.gov.  

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Kansas Traffic Fatalities Lowest Since 2015

Governor Kelly Announces Kansas Traffic Fatalities Lowest Since 2015

TOPEKA – Governor Laura Kelly today announced that for the first time since 2015, Kansas saw less than 400 traffic fatalities last year. Preliminary data for 2023 indicates 388 people died in traffic crashes in Kansas, compared to 410 fatalities in 2022. The number of fatalities has been trending down for three consecutive years.

Roadway safety has improved, in part, thanks to the Kelly administration’s 10-year, $10 billion Eisenhower Legacy Transportation Program and efforts to close the ‘Bank of KDOT.’

“Safe roads save lives, which is why I have been relentless about repairing our infrastructure across the state,” Governor Laura Kelly said. “I’ll work with the legislature to continue to make those necessary investments, and in the meantime, we must all do our part to reduce traffic fatalities. I encourage all Kansans to buckle up, follow posted speed limits, avoid distractions, and drive sober.”

The simple act of buckling up increases crash survivability by over 45%, according to the Kansas Department of Transportation. The Drive To Zero Coalition credits initiatives included in the Kansas Strategic Highway Safety Plan to helping lower fatalities and serious injuries.

“The state’s Safety Plan has resulted in increased behavioral safety messaging and low-cost engineering improvements, such as the designation of four Safety Corridors, communities building safety coalitions, and law enforcement increasing engagement with the public,” said Secretary of Transportation Calvin Reed.

Click here to learn more about these safety initiatives.

The Kansas Drive To Zero Dashboard can be found here.

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Updates from Local Leaders: Community Connection Panelist Luncheon on February 7

Join us!

Community Connection Panelist Luncheon

Wednesday, February 7th, from 11:45 a.m. to 1 p.m.

Empress Event Center, 7 N. Main St.

Chamber members and the community are invited to hear 7-minute updates by the following entities: City of Fort Scott, City Manager Brad Matkin Bourbon County, Commissioner Clifton Beth Bourbon County REDI, Executive Director Rob Harrington Fort Scott Community College, President Jason Kegler USD-234, Superintendent Destry Brown USD-235 (Superintendent Vance Eden is unable to attend)

The event is free to attend but registration is requested. Box lunches are available by pre-order for $10.

Those planning to attend may RSVP here. (lunch orders being accepted online thru 8am Wed. the 7th)

Moderator for the event will be Bailey Lyons of Lyons Realty Group,

2024 Chamber Board Member & Past Board Chair.

Contact the Fort Scott Area Chamber of Commerce at 620-223-3566 for more information or visit fortscott.com.

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Legislative Update by State Senator Caryn Tyson

Caryn Tyson

February 2, 2024

 

The Disability Employee Act tax credit program expired last year.  We tried to continue the program, but the Governor vetoed the extension language in CCR 8.  This year the legislature passed CCR 15 to reinstate the program.  The legislation passed the Senate unanimously and has been sent to the Governor.

 

Committee work is still the main focus of session.  All bills can be found at www.kslegislature.org. There are several bills that have passed out of committees.  It appears leadership is not going to move on any bills until there is a vote to override the Governor’s veto of the tax bill CCR 2284, or it could just be a coincidence that no bills have been brought “above the line”.  Above the line is a term used for bills that passed out of committee and are scheduled for debate on the chamber floor with the committee of the whole.  The committee of the whole is all of the members of that chamber.

 

Tax Relief is a major debate in Topeka.  There is over $3 billion in the state coffers so how are we going to cut taxes?  The legislature passed sustainable tax relief in CCR 2284 that helps fight inflation with a bipartisan vote, but the Governor vetoed it.  There will be an attempt to override the veto.

 

CCR 2284 would provide tax relief for all Kansans.  Some people are misrepresenting the fact that it would help over 341,000 low income taxpayers.  They would pay $0 in state income tax.  For example, a family of four making $29,000 with the legislators’ plan, CCR 2284, would have $0 taxes owed, a relief of $372 from existing law, and a relief of $310 over the Governor’s plan.  In current law the family has a $12,000 taxable income after the standard deduction and personal exemptions are subtracted, taxed at 3.1% or $372 taxes owed. The Governor’s plan (SB 377) the same family would have $10,000 taxable income, because SB 377 increases the standard deduction to $10,000 marred filing jointly, but leaves the personal exemption the same; resulting in a tax obligation of $310, a $62 savings from current law.  CCR 2284 would have $0 taxable income because there is an additional subtraction of $12,300 for joint filers ($6150 for individual filers) besides the standard deduction and personal exemption subtractions (which is increased in CCR 2284) – a much better deal than current law or the Governor’s plan.

 

One of the most important features in CCR 2284 is that it continues to increase the standard deduction and personal exemptions to fight inflation, along with a property tax inflation fighter.  CCR 2284 and the Governor’s plans decrease property taxes by exemption $100,000 from the K-12 20 mill, but the legislature’s plan continues to increase this value to fight inflation plan.  Both plans accelerate the elimination of the state sales tax on groceries and exempt Social Security from income tax.  Taxpayers deserve the best possible tax relief and policy that helps fight inflation.

 

Foreign Adversaries, such as China, must be stopped from owning property in Kansas.  I requested legislation to address this and stopping taxpayer money like Kansas Public Employees Retirement System (KPERS) from being invested in foreign countries that are adversaries of the United States.  The foreign investment language passed the Senate, but a few House members blocked it in conference committee last year.

 

It is an honor and a privilege to serve as your 12th District State Senator.

Caryn

 

Budget Amendment Proposed by Gov. Kelly

Governor Kelly Announces Budget Amendment to Increase Funding for Intellectual/Developmental Disability and Physical Disability Waivers

~~$23M Investment Will Ensure 500 More Kansans Receive Critical Services~~ 

TOPEKA—Governor Laura Kelly today announced a Governor’s Budget Amendment to her Fiscal Year 2025 budget proposal to invest over $23 million for the Intellectual/Developmental Disability (I/DD) and Physical Disability (PD) waivers, creating 250 new slots for each.

With this investment, 500 more Kansans with disabilities will receive critical services such as in-home care, reducing the waitlist for services. Meanwhile, Governor Kelly continues to push for long-term solutions that expand the capacity of disability service providers, such as Medicaid expansion and the Community Supports Waiver. An estimated 15,000 Kansans with disabilities would be eligible for health insurance coverage if Kansas were to expand Medicaid.

“As we’ve heard from disability advocates and families, Kansans with disabilities need the essential services and care provided by these waivers to live comfortably. While we work to build a more comprehensive network of disability services providers, I am committed to reducing the wait times for waiver services,” Governor Laura Kelly said. “In addition to this investment, I will continue to urge the legislature to expand Medicaid to better recruit and retain the workforce needed for more Kansans with disabilities to access quality resources and services.”

Governor Kelly has previously invested a historic $90 million to enhance services for the I/DD waiver throughout her time in office following underfunding from the previous administration.

Governor Kelly has also allocated a $8.6 million enhancement in her Fiscal Year 2025 budget to increase Supported Employment rates for the I/DD waiver community. This funding will allow individuals on the I/DD waiver to pursue their employment goals and play an important role in addressing workforce gaps in Kansas. Governor Kelly’s Fiscal Year 2024 budget also included $7.4 million for I/DD Targeted Case Management and $2 million for I/DD Mobile Crisis Services.

In addition to addressing the I/DD and Physical Disability Waivers, the Governor’s Budget Amendment also includes funding for a new information system at the Department for Children and Families to help the agency identify kin and relative placements for foster youth. It would pay off more than $47 million in bonds for the Curtis and Myriad Buildings, the National Bio and Agro-Defense Facility and Statehouse renovations projects, and previous capital improvement projects. The Governor’s Budget Amendment would also retire $450 million in KPERS debt.

The Governor’s Budget Amendment can be found here.

Letter to the Editor

A CASA’s story:
I’ve been a CASA (Court Appointed Special Advocate) for three years now. I received my first case assignment the same week I was sworn in. For the last 1,095 days, I have thought about this moment.

The moment when my CASA kiddo would find their forever
home.

Kym has been through a lot in her short life. She’s been in and out of foster care for the last six years or so. It began when she was removed from her mother’s home due to abuse, ultimately ending up with her father, and then being removed from his home due
to neglect. The last time she entered the system was three years ago.

That’s when I entered the picture.

We met at a temporary placement home. This bright, well-spoken girl who, at the age of 10, had seen and experienced things that no child should.

If I’m being honest, I was a little nervous. We both were, I think. But she understood why she was there, and even understood why I was there.

We talked about her family (she really missed her father) and school (she LOVES school and is a straight-A student!) She loves Art. As evidenced by something she drew for me that day. Like the
artwork my son made for me when he was little, this is something I’ll always cherish.

But there was a limit on the amount of time she could stay in the temporary foster home.

And thus began a period in her life that sadly, too many children in Kansas experience.

She packed her belongings into garbage bags more times than any child should have to count. Twelve different times she moved from Foster Home to Foster Home. Back to her father. Then back to another Foster Home. And then with a friend. And on and on and
on.

Twelve times.

They (whoever “they” are) say that kids are resilient. And I saw that to be true with Kym. Time and time again.

But … I also noticed that with every move, it took a little more time
for her resiliency to make its way forward. Each move, more difficult than the last.

Without much choice, she would adjust. To a new “family”, a new school, new house rules, new doctors, new friends, new therapists.
There was individual therapy. And family therapy. And each time she moved, and had to change therapists, she had to start over. Revisiting those demons from her past. Rehashing all the things she’d seen and been through, throughout her short lifespan.
She just wanted to move on, you know?

As you might imagine, life “in the system” isn’t all fun and games. Wondering if you’ll ever be able to go home. Questioning whether your father will show up for your scheduled visit. Asking yourself, “is it something I did?” Speculating if you’ll ever find a
family of your own, one that will love you and keep you safe.

And still … during our visits, I would get a smile. And a hug. There was laughter. But there were also tears.

Of course, we talked about the things that we needed to talk about (“Do you need anything?”, “How’s school?”, “How are things here, at home?”). But we also talked about boys. Because pre-teens. And her friends. Yes, pre-teens. And boys. And her siblings. And her parents. And boys. And her foster-siblings. And boys.
This young girl. Bright enough to recognize when a “friend” really wasn’t a “friend” and when a boy wasn’t the right one either.

And always. Always. We talked about how she just wanted a family. Whether it be with her biological father or an adoptive family.

We’ve shared meals together, Kym and I.

We agree lemonade is awesome. As are chips and salsa. And we both love Dairy Queen ice cream. And their chicken fingers. With cream gravy. We’ve debated whether m&ms belong in your popcorn at the movies (for the record, they DO!) We both agree that popcorn should ALWAYS have butter on it!

I told her I had recently seen the movie, “Instant Family”, and how I had sat in the theater, and cried complete buckets. Just thinking of the day that she would find her forever home. She dutifully rolled her eyes and reminded me just how truly weird I was.

She’s a pre-teen. That’s what they do.

Kym wanted siblings. And pets. Preferably a home full of sisters. Somewhere in Kansas. She didn’t care if they were rich or poor. She just wanted someone to love. And to love her.

She was placed on the Adopt Kansas Kids website – the state’s website which highlights children looking for their forever home. It didn’t take long for families to see what a gem she is, what an amazing addition to their family she would be. Several
families thought she’d be the perfect fit for them.

A family was selected for a trial visit. After a weekend with Kym, the family was all in.

And she was too. I grabbed my box of Kleenex, because I thought, “this is it!”

But after a few short months, we started to see a change in Kym. Things that were, in my opinion, very un-Kym like. She and I sat in her bedroom and she cried. And cried. And cried some more. I could do little more than offer her a hug. And a promise to talk
things over with her caseworker and my supervisor.
And it became painfully obvious this wasn’t the home for Kym after all.

She was placed with a different family for a weekend. It’s called “respite”. When one foster family gives another foster family a little bit of a break.

And this family fell in love with Kym. She was, they said, their missing puzzle piece.
I won’t soon forget the phone call I received from Kym that Friday night. Angry and tearful, as she was removed from the home and transported to a safe space. A family friend who agreed to take her in for a short while. Until her new family was ready for
her.

Disappointed, but not deterred. Kym was relieved to be out of that situation and anxious to begin, yet again. That resiliency thing. Remember?

She packed her belongings (some in garbage bags, some in boxes) for the last time a few months ago.

As we drove through two counties to her new Foster-to-Adopt Home, she asked if we could stay in touch if she did end up getting adopted. I was overwhelmed. And I fought back tears. She rolled her eyes. And called me weird.

From the moment I met the family, I just knew. I knew that Kym would be loved. That she would be safe. That she’d have just the right amount of structure and discipline. But also an abundance of laughter and joy. She’d have sisters – just like she wanted. And
there were pets. And a Mom and Dad who acknowledged all that she had been through in her short little life and were determined to show her that her future was indeed, bright.

Kym and her new Mom and Dad were anxious to proceed with the adoption.

In the weeks leading up to the adoption, the excitement was palpable. Her parents are planning to have a huge party. And her Mom reminded me that I’m part of their family now too. And it made me so happy. And I envisioned myself sitting at Kym’s high school
graduation. Maybe even her wedding. Of course, I haven’t mentioned this to her yet.
Lest I reach a new level of ‘weird’ in her book.

Kym’s adoption was finalized last week.
“Surely”, I thought, “I can hold it together. This is a happy event. Oh, how wrong I was.

Like I had done so many times over the last three years, I reported to the Court that I agreed completely with this adoption. That Kym should be adopted by this family. That they would provide her love, and safety and stability. That she loved them. And they loved her. And then. My heart swelled. All the feels gathering in my chest. And bubbling out of me uncontrollably. My emotions overcoming any amount of resilience I had left to hold them back. The tears came. In buckets.

A short time after the hearing, after she had called all of her new family members, her Meme and Papoo, her Omi and PawPaw and Grammy, and all of her aunts and uncles and cousins, we got to see each other and chat.

To say it was an emotional day, is quite an understatement.
We talked about the happy tears. That she cried. That her Mom and Dad cried. That her caseworker, her attorney, my supervisor and I had cried.
And she didn’t even roll her eyes at me. Not once.
She sat on her back porch. Wrapped up lovingly in her Mom’s arms. The three of us smiling through our tears. And I knew.
She is HOME.
Bourbon County CASA is seeking additional volunteers to be a voice for children like Kym.

Email [email protected] to find out how you can become an advocate for abused and neglected children.

The Obituary of Joann Vann

Joann Delores Vann, age 82 a resident of Fort Scott, Kansas, passed away, Thursday, February 1, 2024 in Fort Scott. She was born September 7, 1941 in Fort Scott, the daughter of Anthony Nelson and Helen Turk Nelson.

She married Donald Vann, they had three children, Marsha Vann, Keith Vann and Lynette Vann.

Joann worked for 3M in Nevada, Missouri for over 20 years. In her younger years, she enjoyed camping and fishing. Joann also loved to go and watch her grandkids and great-grandkids participate in sporting events. The last several years she enjoyed going with her friends to play bingo.

Survivors include her two children, Marsha Vann and Keith Vann and wife Sherry, both of Fort Scott; two brothers, Robert Nelson, and Ricky Nelson, four sisters, Katherine Hopkins, Barbra Cruikshank, Rosemary Bradley, and Victoria Nelson; grandchildren, Tarrell Vann, and wife Erin, of Fort Scott, Darvin Willard and wife Amy, of Paola, Kansas, Trever Vann, of Fort Scott, E. J. Willard, of Omaha, Nebraska, Vanessa Willard, of Fort Scott, Kayla Woody, of Fort Scott, Heather Jackson, of Uniontown, Kansas, Sabrina Jackson, of Colony Kansas, and Greg Jackson of Wichita, Kansas; 30 great-grandchildren as well as numerous nieces and nephews.

She was preceded in death by her parents,  a daughter, Lynette Vann, brother, Anthony Nelson, Jr., and a sister Carol Ford.

Rev. George Proctor will conduct funeral services at 10:00 A.M. Thursday, February 8th, 2024 at the Cheney Witt Chapel.

Burial will follow in the Evergreen Cemetery.

The family will receive friends from 5 to 7 P.M. Wednesday at the Cheney Witt Chapel.

Memorials are suggested to Care to Share and may be left in care of the Cheney Witt Chapel, 201 S. Main, P.O. Box 347, Fort. Scott, KS 66701.  Words of remembrance may be submitted to the online guestbook at cheneywitt.com.

Run of the Mill by Carolyn Tucker

Keys to the Kingdom By Carolyn Tucker

Excellence in quality used to be a big deal. I remember when houseware items were made from strong metals that would last. In 1980, I purchased a steam iron that still works today. Nowadays, there’s a lot of plastic breakable parts in the merchandise we buy. Things aren’t built to last and certainly aren’t manufactured with excellence in mind. Anything that’s run-of-the-mill is not outstanding in quality and is considered ordinary, average, and not special. I’m not fond, and certainly not impressed, with the attitude and design that screams “it doesn’t matter.” Excellence absolutely matters in all areas of life.

 

The Lord told Moses to send twelve spies into the land of Canaan which He was giving to the Israelites. At God’s command, Moses commissioned them to find out what kind of country it was, the number of people, how strong they were, etc. They returned after their 40-day reconnaissance mission and reported that the land was rich and fertile. Caleb said, “We should attack now and take the land; we are strong enough to conquer it” (Numbers 13:30 TEV). But the other ten spies disagreed, “No, we are not strong enough to attack them; the people there are more powerful than we are” (Numbers 13:31 TEV).

 

Not only were the ten negative spies disagreeing with Caleb and Joshua, they were ignorantly disagreeing with God because God had said that He was giving it to them. It was a done deal, but the Israelites had to display obedience, courage, and faith in order for God to give them the victory. In Numbers 14:36, the ten spies who incited rebellion against the Lord with their bad report were immediately struck dead with a plague. If they  had stuck to their assignment, things would have turned out differently for them. They were to simply scout out the land, not give their opinion.

 

After this serious meeting, Moses and God had a heart-to-heart conversation about the Israelites’ stubbornness and lack of trust in the Great I AM. God said to Moses, “They have tried My patience over and over again and have refused to obey Me. They will never enter the land which I promised to their ancestors. None of those who have rejected Me will ever enter it” (Numbers 14:22-23 TEV.) God also had something important to say about Caleb: “But because my servant Caleb has a different spirit and follows Me wholeheartedly, I will bring him into the land he went to, and his descendants will inherit it” (Numbers 14:24 NIV.)

 

Caleb’s integrity stood out from the other run-of-the-mill spies. He chose to believe that God would do what He said. God promised to give His chosen people a good and large land flowing with milk and honey. However, it wouldn’t be handed to them on a silver platter; they had to do their part to believe God and fight. Caleb was not a half-hearted individual; he gave his whole heart to following and obeying God. And God noticed and rewarded him for being different from the others.

 

Caleb was a leader of the Tribe of Judah and was a faithful servant of God, known for his courage, strength, and determination. He had guts and grit and was as tenacious as a Bulldog after a bone. He wasn’t wishy-washy in half-believing and half-doubting God’s promises. Caleb’s character should inspire all of us to strive for a spirit of excellence in everything we do, including following Jesus with all our heart.

 

The Key: Let’s live exemplary lives of faith and obedience. And a bushel basket of dogged determination wouldn‘t hurt either.