CITY OF FORT SCOTT

CITY COMMISSION MEETING

Minutes of December 4, 2018 Regular Meeting #23

The regular meeting of the Fort Scott City Commission was held December 4^th, 2018 at 4:00 p.m. in the City Commission Room, 123 S. Main, Fort Scott, Kansas.

ROLL CALL:

Commissioners Adamson, Bartelsmeyer, Nichols, and Parker were present with Mayor Mitchell presiding.

INVOCATION: Associate Pastor Brian Rhoades, Grace Baptist Tabernacle, said a prayer asking God for guidance for the City and all Government and City officials.

AUDIENCE IN ATTENDANCE: Janet Braun, Travis Shelton, Brian Rhoades, Rhonda Dunn, Todd Burrus, Darrell Parker, Larry Gazaway, Deb Needleman, Michael Mix, Rachel Pruitt, Shaun West, Chad Brown, Robert Uhler, Christy Keating, Justin Meeks, Nick Ruhl, Jeff Fischer, Dave Bruner, and Clayton Miller, and representing the press, Jason Silvers, Fort Scott Tribune.

PROCLAMATIONS/RECOGNITIONS: Travis Shelton, Chief of Police, informed the Commission that Shaun West, Captain, will be retiring on December 20^th, 2018. There will be a reception at Buck Run Community Center from 3:00 to 5:00 p.m. held that day in his honor. Jason Pickert was recently promoted to fill his position as Captain.

APPROVAL OF MINUTES AND APPROPRIATIONS/CONSENT AGENDA:

1. Approval of minutes of the regular meeting of November 20^th, 2018.

2. Approval of Appropriation Ordinance 1228-A totaling $420,838.57.

Bartelsmeyer moved the Consent Agenda. Parker seconded. All voted aye.

APPROVED CONSENT AGENDA.

APPEARANCE/COMMENTS/PUBLIC HEARING:

1. APPEARANCE: None

B. CITIZEN COMMENTS (Concerning Items Not on Agenda – 3 minute

limit per citizen) – None

3. PUBLIC HEARINGS: None

CONSIDERATION:

1. Consideration of Resolution No. 46-2018 authorizing the financing for the City’s water intake project – Bob Farmer, City Attorney, informed the Commission that this is the first step in financing the River Intake Structure Project.

Todd Burrus, George K. Baum & Company, informed the Commission that he is representing the City as their financial advisor on this project. The permanent financing will be done by U.S.D.A.’s Rural Development Loan Program. The projects will need to be completed first and then the U.S.D.A. will purchase long term bonds issued by the City. The City will need to issue short-term notes to pay for the costs of the project and then the notes will be paid off from proceeds of the long term bonds. Hopefully, a local bank will be interested in purchasing the notes from the City. The first step is approval of the resolution to authorize the improvements for this project.

Mitchell moved to approve Resolution No. 46-2018 authorizing the improvements to the City’s river intake structure project. Adamson seconded. All voted aye.

APPROVED RESOLUTION NO. 46-2018 OF THE CITY OF FORT SCOTT, KANSAS AUTHORIZING IMPROVEMENTS TO THE CITY’S PUBLIC WATER SUPPLY SYSTEM; AND PROVIDING FOR THE PAYMENT OF THE COSTS THEREOF.

2. Consideration of Resolution No. 47-2018 authorizing the Redemption and Payment of the Taxable Industrial Revenue Bonds for Price Chopper and the sale of property to Super Market Developers, Inc. – Bob Farmer, City Attorney, informed the Commission that the City authorized and issued taxable bonds so the developers could get an advantage on materials. The City issued bonds for this project. This resolution calls for the redemption of the bonds.

Bartelsmeyer moved to approve Resolution No. 47-2018 authorizing the redemption and payment of the bonds for Price Chopper. Parker seconded. All voted aye.

APPROVED RESOLUTION NO. 47-2018 OF THE GOVERNING BODY OF THE CITY OF FORT SCOTT, KANSAS AUTHORIZING THE REDEMPTION AND PAYMENT OF ITS TAXABLE INDUSTRIAL REVENUE BONDS, SERIES 2018, (PRICE CHOPPER PROJECT), AND THE SALE AND CONVEYANCE OF CERTAIN PROPERTY TO SUPER MARKET DEVELOPERS, INC.

3. Consideration to set Budget Amendment Hearing date for December 18^th, 2018 at 6:00 p.m. – Rhonda Dunn, Director of Finance, informed the Commission that a public hearing needs to be held to amend the 2019 budget to include and create the new Emergency Medical Service Fund. The public hearing will be held on December 18^th, 2018 at 6:00 p.m. Approval to publish the public hearing was recommended.

Mitchell moved to approve to publish the budget amendment public hearing to be held on December 18^th, 2018 at 6:00 p.m. Parker seconded. All voted aye.

APPROVED TO PUBLISH THE BUDGET AMENDMENT PUBLIC HEARING TO BE HELD ON DECEMBER 18^TH, 2018 AT 6:00 P.M.

4. Consideration of Kansas Gas Service Franchise Ordinance No. 3543 – Rhonda Dunn, Director of Finance, informed the Commission that the Kansas Gas Service franchise is up for renewal. This new agreement is a ten (10) year agreement with a 5% franchise fee which remained the same as the previous agreement.

Parker moved to approve Ordinance No. 3543 approving the Kansas Gas Service Franchise Agreement. Bartelsmeyer seconded. All voted aye.

APPROVED ORDINANCE NO. 3543, GRANTING TO KANSAS GAS SERVICE, A DIVISION OF ONE GAS, INC., AND ITS SUCCESSORS AND ASSIGNS, A NATURAL GAS FRANCHISE, PRESCRIBING THE TERMS THEREOF AND RELATING THERETO, PROVIDING DEFINITIONS OF TERMS, PRESCRIBING A FRANCHISE FEE, PROVIDING TERMS AND CONDITIONS FOR THE USE OF PUBLIC RIGHTS-OF-WAY, REQUIRING ADVANCE NOTICE OF WORK AND DUTY TO REPAIR, PROVIDING FOR INDEMNIFICATION AND A HOLD HARMLESS AGREEMENT, PROVIDING FOR RULES AND REGULATIONS, PRESCRIBING INSURANCE REQUIREMENTS, RESERVING CERTAIN RIGHTS, PROVIDING FOR REVOCATION AND TERMINATION, PROVIDING FOR AN ACCEPTANCE OF THE TERMS OF THE FRANCHISE, PROVIDING FOR A REOPENER, PROVIDING FOR NOTICE OF ANNEXATIONS, PRESCRIBING RELEVANT GOVERNING LAW PROVIDING FOR TRANSFER AND ASSIGNMENT OF THE FRANCHISE, PROVIDING FOR POINTS OF CONTACT AND NOTIFICATIONS, PROVIDING FOR AN AGREEMENT TO RENOGOTIATE, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT WITH OR IN CONFLICT WITH THE TERMS THEREOF.

5. Consideration of consolidation of natural gas billing to Constellation Energy Resources to include Memorial Hall and the Public Works building in addition to the Airport – Robert Uhler, Community Development Director, informed the Commission that he is looking to expand our current service provided by Constellation Energy Resources from the Airport to add Memorial Hall and the Public Works building. This will save the City approximately $3,000 annually.

Adamson moved to approve to consolidate Memorial Hall and the Public Works building to Constellation Energy Resources. Nichols seconded. All voted aye.

APPROVED TO ADD MEMORIAL HALL AND THE PUBLIC WORKS BUILDING TO CONSTELLATION ENERGY RESOURCES ALONG WITH THE AIRPORT SAVING THE CITY APPROXIMATELY $3,000 ANNUALLY.

6. Consideration to waive the bid process for the repair/restoration of the rock retaining wall north of 206 N. National and approve the low quote from Midland Restoration Company – Chad Brown, Public Works Director, informed the Commission that the rock retaining wall north of 206 N. National has been damaged by storm water runoff and is in bad need of repair and restoration. He received quotes from two local contractors and asked to waive the bid process due to the condition of this retaining wall. The low bid is from Midland Restoration Company, Inc. in the amount of $11,850.00. He asked for approval of this bid.

Bartelsmeyer moved to approve to waive the bid process and approve the low bid from Midland Restoration Company, Inc. in the amount of $11,850.00 for the retaining wall rock at 206 N. National. Parker seconded. All voted aye.

APPROVED TO WAIVE THE BID PROCESS AND APPROVE THE LOW BID FROM MIDLAND RESTORATION COMPANY, INC. IN THE AMOUNT OF $11,850.00 FOR THE RETAINING WALL PROJECT AT 206 N. NATIONAL.

7. Approval of Bourbon County Emergency Medical Service Agreement between the City of Fort Scott and Bourbon County – Dave Bruner, Deputy Fire Marshal, informed the Commission that he first wanted to thank the City Attorney, Justin Meeks, Rhonda Dunn, Christy Keating, and the Bourbon County Commission for their assistance in the development of this agreement. It is a one (1) year agreement and a partnership between Bourbon County and the City. The City will provide ambulance service with the approval of this contract. The City will do all we can to rehire the current EMS Mercy employees.

City Manager said that this could not have been done without the City and County working together on this project. He also said he appreciated Dave Bruner’s leadership. He said that the City will also hire an EMS Director who will report to Dave Bruner. Deb Needleman, Human Resource Director, will handle all of the EMS hiring for the County.

Rhonda Dunn, Director of Finance, informed the Commission that the estimated budget is $1,086,000, but this does not include insurance yet so it will raise. Some of the City’s current firefighters who also are employed by Mercy will become Bourbon County employees to assist with overtime. The County will send the City a check for $90,000 each month for the ambulance costs. If there are surplus funds, these will go back to the County; if there is a shortage of funds, the City will be reimbursed. The County will hire a third party to do the ambulance billing. The Bourbon County Commission approved the agreement this morning at their meeting.

Bartelsmeyer moved to approve the Bourbon County Emergency Medical Services agreement with the County for a one year period beginning January 1^st, 2019 until December 31^st, 2019. Nichols seconded. All voted aye.

APPROVED BOURBON COUNTY EMERGENCY MEDICAL SERVICES AGREEMENT WITH BOURBON COUNTY EFFECTIVE JANUARY 1^ST, 2019 UNTIL DECEMBER 31^ST, 2019.

8. Approval of Christmas bonus for City employees – City Manager asked the Commission if they would consider giving the Christmas bonus to City employees again this year with the exception of the City Attorney and himself. He recommended $100.00 to full time employees, $50.00 to regular part time employees and $25.00 for part time employees. Estimated amount is $9,850.00.

Nichols moved to approve the Christmas bonus. Parker seconded. All voted aye.

Approved the annual Christmas bonus of $100.00 for all full time employees, $50.00 for regular part time employees and $25.00 for part time employees. This bonus will exclude Dave Martin, City Manager, AND Bob Farmer, City Attorney.

9. Approval of Salary Ordinance No. 3544 – Deb Needleman, Human Resource Director, informed the Commission that the 2019 Salary Ordinance is before them to approve. There are some changes including the addition of the EMS positions and some small changes to the high end of some of the pay ranges.

Parker moved to approve the 2019 Salary Ordinance. Adamson seconded. All voted aye.

APPROVED ORDINANCE NO. 3544 PROVIDING FOR THE SALARIES OF THE APPOINTIVE OFFICERS AND EMPLOYEES OF THE CITY OF FORT SCOTT, KANSAS AND REPLACING ORDINANCE NO. 3529.

10. Consideration to approve Work Order #7 – Revision of Airport Layout Plan – Olsson Associates – Rachel Pruitt, Economic Development Director, informed the Commission that the City has hit a snag in the environmental assessment at the Airport for the expansion project. The City has completed Phase I and Phase II of the environmental assessment and it was determined that a Phase III is needed. The estimate for Phase III for the cost of an archology survey is around $50,000. Discussions were held with the City’s engineering firm, Olsson Associates, about shifting the runway plans to avoid having to complete a Phase III environmental. She asked approval for Work Order #7 to revise the Airport Layout Plan to a proposed length of 5,500’. The cost for the revision of the layout is $4,000. The F.A.A. supports the 5,500’ length of the runway. The City should know in the first or second quarter of 2019 if the grant was awarded or not.

She reminded them that Kenny Howard is retiring at the end of December and Seth Simpson is replacing him. An Airport Advisory Board meeting will be held on Monday, December 10^th, 2018, at 12:00 noon if you would like to come and meet him.

Parker moved to approve the Work Order #7 to revise the Airport Layout Plan with Olsson Associates. Adamson seconded. All voted aye.

APPROVED WORK ORDER #7 WITH OLSSON ASSOCIATES TO REVIEW THE AIRPORT LAYOUT PLAN TO MAKE THE RUNWAY AT 5,500’.

COMMISSION/STAFF:

1. Director Updates:

Health Care Update – Robert Uhler – Robert informed the Commission a reminder of our core mission when we started this process 65 days ago. Secure and retain Primary Care, Emergency Room, and EMS service.

Primary Care: CHC/SEK continues to work through the process. In a meeting last week, Krista Postoi, continued her commitment to the community and is working very hard to make things happen in a very quick time frame. It looks like all Fort Scott locations are on tap to transition to CHC on February 1^st, 2019.

Emergency Department: Dave Martin has stayed in constant contact with Via Christi officials and it is still moving forward. Via Christi visited with a group of City, County, and community leaders just last week regarding their vision for the future.

EMS Service: Dave Bruner has just updated the Commission on this part. It is a very important lesson on when the City and County work together, great things can happen.

The working group has continued to meet several times a week on healthcare and will continue to meet regularly in the future. The City is very focused on the next 24 days and beyond to see what health care will look like for our great community in the future.

B. City Commission:

Nichols – Thanked the City and the County for their efforts to move forward on the ambulance agreement. Kudos to all involved.

Adamson – Nothing to report.

Parker – Remarked that it is amazing what we can do when we all work together.

Bartelsmeyer – Thanked all who worked on this project.

Mitchell – Asked if people would remember to pray for her nephew tomorrow as he was involved in a bad car accident and would be having surgery tomorrow.

C. City Attorney: Nothing to report.

3. City Manager:

1. City Employee Christmas Dinner – City Manager reminded the Commission of the City’s Christmas party at Buck Run on December 11^th, 2018 at 6:00 p.m.

2. Christmas in the Park – City Manager thanked all who worked and volunteered for this event.

3. KSN-TV Interview – City Manager said that he did a television interview with Jeremiah Cook of KSN TV today and he was amazed at what the City has accomplished since the hospital announced they were closing.

4. Hospital Task Force – City Manager announced that the Task Force will not go away even though the ambulance contract is approved. We will keep working towards the best model of health care for our community.

ADJOURNMENT:

Parker moved to adjourn the meeting at 4:45 p.m. Bartelsmeyer seconded. All voted aye.

ADJOURNED MEETING AT 4:45 P.M.

The next regularly scheduled meeting is to be held on December 18^th, 2018 at 6:00 p.m.

RECORDED BY:

DIANE K. CLAY, CITY CLERK

AGENDA

FORT SCOTT CITY COMMISSION

FORT SCOTT CITY HALL

COMMISSION ROOM

123 SOUTH MAIN

DECEMBER 18, 2018

6:00 P.M.

I. ROLL CALL:

ADAMSON BARTELSMEYER NICHOLS PARKER MITCHELL

II. FLAG SALUTE

III. INVOCATION: Michael Mix, Public Utilities Director

IV. PROCLAMATIONS/RECOGNITIONS: Kevin Wagner, Wreaths Across America

V. CONSENT AGENDA:

1. Approval of minutes of the regular meeting of December 4^th, 2018.

2. Approval of Appropriation Ordinance 1229-A totaling $337,877.49.

C. 2019 Cereal Malt Beverage/Public Dance Licenses: (originals in Clerk’s office)

Package Sales:

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

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

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

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

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

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

Walgreen Company – 2229 S. Main

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

Queen’s Price Chopper – 2322 S. Main

Consumption on the Premises:

Debra Cagle DBA Fifthwheel Tavern – 206 Humboldt

NPC International, Inc. DBA Pizza Hut #2423 – 1810 S. Main

Woodland Hills Golf Course – 2414 S. Horton

Public Dance License:

Elks Lodge #579 – 111 W. 19^th

Sharky’s Pub & Grub – 16 N. National

Liberty Theatre – 113 S. Main

Holmtown Pub – 206 N. National

Buck Run Community Center – 735 Scott

River Room Event Center – 3 West Oak

Memorial Auditorium – 1 E. Third Street

VI. APPEARANCE/COMMENTS/PUBLIC HEARING:

1. APPEARANCE: None

B. CITIZEN COMMENTS (Concerning Items Not on Agenda – 3 minute limit per citizen)

C. PUBLIC HEARINGS/COMMENTS:

6:00 p.m. – Budget Amendment Hearing (Need to cancel)

VII. CONSIDERATION:

1. Change of January 1^st, 2019 meeting date

2. Consideration of Water Treatment Plant selection of engineering firm and proposal for evaluation of City’s drinking water

3. Consideration of updated Standards and Specifications regarding Water, Wastewater and Storm Water infrastructure

4. Discussion of Old Fort Transportation/Pitt Taxi Transition

5. Consideration of Water Rate Increase – Ordinance No. 3545

6. Consideration of Wastewater Rate Increase – Ordinance No. 3546

7. Consideration of Storm Water Rate Increase – Ordinance No. 3547

VIII. COMMENTS:

1. Director Updates:

Health Care Update

2. Commission:

3. City Attorney:

4. City Manager:

1. 1. 1. CPM

EXECUTIVE SESSION:

I MOVE THAT THE CITY COMMISSION RECESS INTO EXECUTIVE

SESSION FOR ________________________________ IN ORDER TO

(see below justification)

DISCUSS ______________________________________. THE

EXECUTIVE SESSION WILL BE ___________ MINUTES AND THE OPEN

MEETING TO RESUME AT ________________.

Justifications for Executive Sessions:

• Personnel matters of non-elected personnel

• Consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship

• Matters relating to employer-employee negotiations whether or not in consultation with the representative or representatives of the body or agency

• Confidential data relating to financial affairs or trade secrets of corporations, partnerships, trusts and individual proprietorships

• Preliminary discussions relating to the acquisition of real property

X. MOTION FOR ADJOURNMENT: ROLL CALL