SPECIAL MEETING AGENDA
FORT SCOTT CITY COMMISSION
CITY HALL COMMISSION ROOM
123 S MAIN STREET
SEPTEMER 13TH, 2021
5:30 P.M.
I. ROLL CALL:
K. ALLEN P. ALLEN R NICHOLS L WATTS J. JONES
II. CONSIDERATION:
Consideration of change order on ladder fire truck
Consideration of payment for ladder fire truck
Consideration of donation of current ladder truck
Consideration of change order for Eagle Block Building
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The First United Methodist Church, 301 S. National, will host a drive-through soup lunch from 11:30 a.m. to 1 p.m. on Friday, October 15, 2021.
The soups available to order will be potato, chicken noodle, and chili with cake for dessert.
Any free will donation received will be used by the Hospitality and Outreach Committee for their programs in the community and the church.
Meals will be served under the drive-through of the building.
Submitted by Marla Gorman,Administrative Assistant, First United Methodist Church
The Street Advisory Board will meet on Thursday, September 9th, 2021 at 4:00 p.m. at the City Commission Meeting Room at 123 S. Main Street. This meeting is open to the public.
This meeting will be made available via the City’s you tube channel at City of Fort Scott.
Dave Trabert, Chief Executive Officer of the Kansas Policy Institute, Overland Park, sent an email response to fortscott.biz‘s feature on the USD 234 Budget on Sept. 2.
“Under the new Truth in Taxation legislation, mill rates are reduced by law so that new valuations produce the same dollar amount of property tax…hence the name ‘revenue-neutral rate,'” Trabert said. “If the school district wants to take in more property tax dollars next year, they have to notify taxpayers of their intent, hold a public hearing, and then vote on the entire tax increase they impose.”
USD 234 Board Clerk/Business Manager and Certified Public Account Gina Shelton’s answers to Trabert are in blue ink.
“Correct – which we did,” Shelton said in a response to the Trabert email that fortscott.biz sent her. “What is missing from that statement is that we are to adopt a revenue-neutral rate based upon an estimated assessed valuation.”
“In general terms, it is a simple formula: Assessed Valuation (a) X Mill Rate (b) = Property Tax Assessed (c). If (a) and (b) stay the same, an entity would be revenue-neutral. If (a) increases and (b) stays the same = higher property tax assessed. If (a) increases and (b) decreases = lower property tax assessed/revenue neutral (depends on how much (b) is). “
“The school district only controls (b).”
” What the formula does not consider are things like 1) Collection Ratio 2) Neighborhood Revitalization (or other economic programs administered through other entities) and 3) the Assessed Valuation is an estimate.”
“This year, we received two separate revenue-neutral rates due to an error on the part of one of the utility companies. We also know that there is a larger taxpayer in our county that has applied for exemption, yet it was not backed off from the estimated assessed valuation. The exemption is retroactive to the date within the application. These are all factors that were considered when recommending being Revenue Neutral or not.”
“There is also a timing factor. We are very early on in a bond payback. Our bond is why the school district’s mill rate is as high as it is. We are committed to being good stewards of our taxpayers’ commitment.”
“When we reworked the bond in 2020, we were able to save our taxpayers $5,792,515.15 and will be able to pay it back five years earlier. However, we still have a way to go before that bond is paid off – September 1, 2035.”
“I don’t believe it is fiscally responsible to adjust the bond mill. The bond mill has to be considered because for the school district to qualify to be revenue neutral – we would have had to adjust our mill rates in all of the other funds (since the 20 mills in our General Fund is set by statute).”
” We know we have capital outlay needs for our district to maintain our facilities. Deferred maintenance costs more money. We did not feel it prudent to reduce the mill in the Capital Outlay fund.”
“In our LOB fund, we use a big part of this to pay for utilities. We were advised to budget 6% increases in electricity and 18% increases in gas. What would we cut to make up for those increases? What opportunities would we cut for our kids?”
“Gina Shelton’s claim that the LOB resolution has no impact on property tax is simply not true,” he said. The only way that could happen is if they adopted the revenue-neutral rate of 13.431. They choose to increase property tax… by 1.7% if they adopted the proposed mill levy. If the district adopted each of their proposed mill rates, they increased the burden on taxpayers by close to 2%.”
“In fact, it is claims like hers that drove taxpayers to demand the Truth in Taxation legislature,” Trabert said.
“I’ve never spoken to Mr. Trabert, to state that ‘claims like hers’ without having a single conversation with the person shows how very political this is.”
” I believe in transparency in government. I also firmly believe in being fiscally responsible. Our board has always been transparent about the challenges and positives of our school district to our community. Our board considered the pros and cons and made the decision based on the recommendation we made.”
Trabert included a chart:
http://www.kansasopengov.org/kog/databank#report_id=90&County=Bourbon
“We collected the information from each county clerk via Open Records requests,” he said.
“Any entity that does not follow the Truth in Taxation law is prohibited from spending above the revenue-neutral rate,” Trabert said.
“We are fully aware of this requirement,” Shelton said. Prior to the due dates set by the state, we discussed publicly what Revenue Neutral means for our taxpayers as our board meetings.”
“At the board’s July 12th board meeting there was a motion made to allow us to submit paperwork to the county to allow us the option to not be revenue neutral.”
“We declared to the county by the July 20th due date.”
“We held a detailed special budget/RNR presentation on July 30th, where we had one member of the public attend. This was an hour-long meeting meant to educate our community.”
“We then published in the Fort Scott Tribune newspaper on August 11th. After publishing, I only had one taxpayer come into ask questions and look at our budget.”
“I have always encouraged our taxpayers to please sit down with me to look at our budget to help explain what we do with those funds.”
“We then held a hearing on August 25th at 5:30. We received no comments or questions from the public at this hearing although the intention of that is to allow for that feedback.”
“We held our budget hearing on August 25th at 6:00. We also received no comments or questions during this hearing as well. Both were well attended.”
“Our community supports our kids. I’m sure Mr. Trabert has concerns regarding property tax – as we all do – however, he does not live, work, or send his kids to school here.”
“As someone who attended public schools in Fort Scott, lives here and has a student attending USD 234, my continued commitment has always been to be fiscally responsible of the dollars our taxpayers trust us with.”
“I believe our students are worth more than a political debate on property taxes. Mr. Trabert has not taken any time to call and discuss our particular district with us, but decides to contact the press? This leads me to believe that his concern is more with taxes in general versus our particular district or the challenges we face. Let’s work toward a workable, positive solution – our kids deserve that.”
“Kansas Policy Institute is a nonprofit research and education organization that protects constitutional rights and economic freedom,” Trabert said. “I am the CEO and work in our Overland Park office. Here is some background on our history and mission. https://kansaspolicy.org/about/”
“We were instrumental in getting the Truth in Taxation law passed.,” he said. “Senator Caryn Tyson, who represents most of Bourbon County, can also provide information on the legislation.”
“I have great respect for Senator Tyson. We have had several conversations where we discussed the challenges that face school districts. Challenges in addition to the fiscal side of schools. She knows how important our students are and how much our great state depends on their success. Public education provides opportunities that no other state program provides -both in the “right now” and for our future. The success and education of our students warrants our investment in them.”
Stephan Moses will be the guest performer at this week’s Friday Night Concert. Moses is a songwriter vocalist and musician who plays guitar, banjo, and mandolin. He will perform a variety of blues and classic country.
“Formerly from Kansas City, Moses began playing music at age ten, so he’s been at this a long time,” concert-series organizer Ralph Carlson said. “Moses has a strong family heritage in music, as his grandfather played banjo, and an uncle played guitar and sang old country and blues songs. Hearing this music as a kid left a strong impression on Moses, so he threw his hat into the ring too. We appreciate him sharing his time and talent and welcome Stephan Moses to the park pavilion. Come out and join us for a great evening of music.“
The concert begins at 7 p.m. at the Heritage Park Pavilion at First and Main streets. The shows, sponsored by the Fort Scott Area Chamber of Commerce, are free and open to the public. Dave Oas of Parsons serves as sound technician each week. Due to limited seating, attendees are encouraged to bring lawn chairs.
In the event of inclement weather, the concert will be moved to the Common Ground Coffee Co., 12 E. Wall Street.
CITY OF FORT SCOTT
CITY COMMISSION MEETING
The regular meeting of the Fort Scott City Commission was held August 17th, 2021 at 6:00 p.m. in the City Commission Meeting Room at City Hall, 123 S. Main Street, Fort Scott, Kansas.
ROLL CALL:
Commissioners K. Allen, P. Allen, R. Nichols, and L. Watts were present with Mayor J. Jones presiding.
INVOCATION:, Diane Clay, City Clerk, said a prayer asking God for guidance for the City, our Government and City officials.
AUDIENCE IN ATTENDANCE: Travis Shelton, Susan Bancroft, Brenda Iverson, Canton Dean, Jimmy Kemmerer, Logan Woods, Tim VanHoecke, Cheryl VanHoecke, Jennifer LaRoche, Jason Marbery, Brad Matkin, Seth Needham, Pete Owenby, Jesse Pohlmann, Lindsay Madison, Rob Harrington, Jackson Tough, Jason Dickman, Michael Hoyt, Lynette Westhoff, and Bill Martin.
ADDITIONS TO AGENDA: Josh Jones asked under Appearance that Rob Harrington be added.
PROCLAMATIONS/RECOGNITIONS: None
CONSENT AGENDA:
Approval of minutes of the regular meeting of July 6th, 2021.
Approval of Appropriation Ordinance 1294-A totaling $598,879,75.
Request to Pay – American Wrecking Services, LLC – Eagle Block Building – $81,675.00
Request to Pay – HDR Engineering, Inc. – $9,470.39 – River Intake Project
Amending of Resolution Numbers:
8-2021 to 18-2021 (14 S Margrave – Dangerous & Unsafe Resolution)
Request to Pay – Earles Engineering
Building Inspection – $4,791.88
Building Inspection (Peter Earles) – $1,669.50
3rd Street Sewer Project – $2,306.00
City Engineer – $4,000.00
Public Works Director – $4,717.50
Wastewater Treatment Plant – $7,288.00
Re-Route Manhole #148 Proposal – $5,000.00
Request to Pay – Nuss & Farmer $1,825.50
July Financials
R. Nichols moved to approve the Consent Agenda. L. Watts seconded. R. Nichols, L. Watts, and J. Jones voted aye. P. Allen voted no. K. Allen abstained. Motion carried 3-1-1.
APPROVED CONSENT AGENDA.
(Sign up required. Comments on any topic not on the agenda and limited to 5 minutes per person, at Commission discretion) – None
Engineering Firm Update: Jason Dickman, Earles Engineering, Inc., informed the Commission that he checked into the location of 17th and Eddy and 15th and National. He will review this and discuss at the next meeting.
Interim City Manager Report and Comments: Mark McCoy, Interim City Manager, said that the K.D.O.T. permit for Highway 69 and 12th Street has been applied for.
APPEARANCES:
Brenda Iverson – Consideration of Boy Scout Request – Ms. Iverson said that Boy Scout Troop 114 is having a recruitment event on August 28th. They could like to use 2nd Street Park and shoot BB guns and bows and arrows. It is City property so she asked for the Commission’s approval.
City Attorney said that it is a safety issue but if the Chief of Police has no issues, he is fine with it also.
Chief Shelton said that they have allowed this before. The Scouts will make sure there are safety precautions in place.
Seth Needham asked if they could get a port-a-potty at the location on the day of the event.
K. Allen said if the City does not provide one, he will bring one out.
K. Allen made a motion to allow the Boy Scout Troop 114 to use 2nd Street Park to hold their event and work with Chief Shelton on this. L. Watts seconded. All voted aye.
APPROVED TO ALLOW THE BOY SCOUT TROOP 114 TO USE 2ND STREET PARK TO HOLD THEIR EVENT ON AUGUST 28TH AND WORK WITH CHIEF SHELTON ON THIS.
Rob Harrington – Rob said that he went into McDonald Hall to show the building to a prospective buyer. The building is in terrible condition. He encouraged the City to work to acquire this building so it doesn’t end up like the Eagle Block building.
Public Hearings: None
Director Reports: None
Resolution 21-2021 for Sale of Lake Fort Scott Property Proceeds – City Attorney said that this is the resolution for the sale of the Lake Fort Scott properties. This would put all proceeds into a Lake Fort Scott fund. He said that the resolution could be approved or amended as they see fit.
R. Nichols said that he thinks this resolution is too restrictive. He said that there are lots of needs in our community that need funded also. He said that our streets need funding, economic development needs funding as well as health care. He doesn’t want to see all these funds put into one fund where they can’t be moved or used. He mentioned possibly putting a percentage of the sales in this fund.
K. Allen said that the lake is a public place and we need to fund improvements for the lake.
Discussion was held between the Commissioners about the fund and a percentage they would like to see placed in the lake fund.
R. Nichols moved to table this and have the City Attorney rework the resolution. The motion died for lack of a second.
L. Watts moved to approve Resolution No. 21-2021 creating the Lake Fort Scott fund. J. Jones seconded. L. Watts and J. Jones voted aye. K. Allen, P. Allen, and R. Nichols voted no. Motion denied 2-3.
DENIED MOTION TO APPROVE RESOLUTION NO. 21-2021 CREATING THE LAKE FORT SCOTT FUND.
K. Allen move to allow the sale of the first four lots to go to the Lake Improvement Fund and have the City Attorney rework the resolution. P. Allen seconded. K. Allen, P. Allen, L. Watts, and J. Jones voted aye. R. Nichols voted no. Motion carried 4-1.
approved to allow the sale of the first four lots to go to the Lake Improvement Fund and have the City Attorney rework the resolution.
New Business:
Consideration of Supplemental Bond Agreement No. 1 amending a certain bond agreement for the 2015 Industrial Revenue Bond for Bourbon County Assisted Living Project and approving Resolution No. 20-2021 – Susan Bancroft, Director of Finance, informed the Commission that Gilmore and Bell, the City’s bond company, submitted the Supplemental Bond Agreement #1 and Resolution as the Bourbon County Assisting Living Project is looking to refinance their bonds. Approval of the agreement and the resolution is needed.
R. Nichols moved to approve the Supplemental Bond Agreement No. 1 and Resolution 20-2021 for the 2015 Industrial Revenue Bonds for Bourbon County Assisted Living Project. L. Watts seconded. All voted aye.
APPROVED SUPPLEMENTAL BOND AGREEMENT #1 AND RESOLUTION NO. 20-2021 OF THE GOVERNING BODY OF THE CITY OF FORT SCOTT, KANSAS APPROVING THE FORM OF SUPPLEMENTAL BOND AGREEMENT NO. 1, AMENDING AND SUPPLEMENTING A CERTAIN BOND AGREEMENT ENTERED INTO IN CONNECTION WITH THE ISSURANCE BY THE CITY OF ITS TAXABLE INDUSTRIAL REVENUE BONDS, SERIES 2015-A AND SERIES 2015-B (BOURBON COUNTY ASSISTED LIVING PROJECT), AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH.
K. Allen left the room at 6:40 p.m.
Consideration to Pay: Skitch’s Hauling & Excavation, Inc.:
July Port-a-Potties – $2,640.00
Use of Skid Loader for Dunn property – $1,572.50
J. Jones moved to approve the two payables to Skitch’s Hauling & Excavation, Inc. L. Watts seconded. P. Allen, R. Nichols,, L. Wattts and J. Jones voted aye.
APPROVED SKITCH’S HAULING & EXCAVATION, INC. INVOICES.
K. Allen returned to the room at 6:41 p.m.
Consideration of Bid – Water Treatment Plant Clarifier No. 1 Mixer Drive Replacement – Mark McCoy, Interim City Manager, informed the Commission that bids were submitted on August 9th, 2021. There were two bids received with the low bid from Davis Structure & Development Corporation of Springfield, Missouri in the amount of $90,355 and the other bid from G & G Construction Co., Inc. of Carthage, Missouri in the amount of $91.650.00. Approval for the low bid was requested.
L. Watts moved to approve the low bid from Davis Structure & Development Corporation of Springfield, Missouri in the amount of $90,355 for the Clarifier No. 1 Mixer Drive Replacement project. R. Nichols seconded. All voted aye.
approved the low bid from Davis Structure & Development Corporation of Springfield, Missouri in the amount of $90,355 for the Clarifier No. 1 Mixer Drive Replacement project.
Consideration of Bid – Cooper Street Reconstruction – Jason Dickman, Earles Engineering, informed the Commission that this bid became confusing due to the bid and the plans. He recommended going with the bid form. Based on the bid, the low bidder was Marbery Concrete for $745,973. The bid alternate to replace Item #21, which was asphalt to concrete, the low bidder would be Amino Brother at $766,318.54. The question for the Commission to go with asphalt or concrete.
L. Watts said that the biggest question has to be answered by Finance and determine if there is funding.
Susan said that tonight you have over $1,000,000 in projects. Based on the cash basis law, you cannot spend over $330,000. There is short term financing available or temporary notes you can obtain.
Jason said that the bids would be good for 60 days.
Discussion was held to table this issue and bring back at the next meeting.
L. Watts made a motion to table the Cooper Street project until Susan Bancroft can investigate financing options for temporary notes or any other available financing. R. Nichols seconded. K. Allen, P. Allen, R. Nichols and L. Watts voted aye. J. Jones abstained. Motion carried 4-1.
approved to table the Cooper Street project until Susan Bancroft can investigate financing options for temporary notes or any other available financing.
Consideration of Bid – National Avenue Overlay – 13th to 17th – Jason Dickman, Earles Engineering, informed the Commission that there were two bids received on the National Overlay Project. They were received from Heckert Construction Co., Inc. of Pittsburg, Kansas and Bettis Asphalt & Construction, Inc. of Iola, Kansas. The bid from Heckert Construction is $90,606.75 and the bid from Bettis is $126,407.70. His recommendation is to award the bid to Heckert Construction in the amount of $90,606.75. Jason said that they would clean up the old milling that was done.
L. Watts moved to approve the bid for National Avenue overlay with Heckert Construction of Pittsburg, Kansas in the amount of $90,606.75. K. Allen seconded. All voted aye.
approved the bid for National Avenue overlay with Heckert Construction of Pittsburg, Kansas in the amount of $90,606.75.
Consideration of Bid – Horton Street – Mill and Overlay – Mayor Jones asked that this item also be tabled due to financing.
L. Watts moved to table the Horton Street project until Susan Bancroft can investigate financing options for temporary notes or any other available financing. R. Nichols seconded. K. Allen, R. Nichols, and L. Watts voted aye. P. Allen and J. Jones abstained. Motion carried 3-2.
approved to table the Horton Street project until Susan Bancroft can investigate financing options for temporary notes or any other available financing.
Consideration of Bid – Union Block Alley – Jason Dickman, Earles Engineering, informed the Commission that there was one bid received on the alley project.
Discussion was held regarding if there was enough time for companies to bid this project.
L. Watts moved to reject the bids and rebid this project with a bid date of September 14th, 2021. K. Allen seconded. All voted aye.
Approved to reject the bid for the Union Block Alley and rebid this project with a bid date of September 14th, 2021.
Consideration of Bid – Below Grade Restoration Eagle Block/CDL – Jason Dickman, Earles Engineering, informed the Commission that the bids were due last Friday. There were two bids received from Owenby Masonry & Construction of Fort Scott in the amount of $32,500 and a bid from Mid-Continental Restoration Co., Inc. of Fort Scott in the amount of $34,968. He asked for approval for the low bid from Owenby Masonry & Construction in the amount of $32,500.
Discussion was held regarding the time frame of this project. Jason said the time frame is 30 days.
J. Jones moved to approve the low bid from Owenby Masonry & Construction of Fort Scott in the amount of $32,500 for the Below Grade Restoration project for the Eagle Block and CDL Building. R. Nichols seconded. P. Allen, R. Nichols, L. Watts, and J. Jones voted aye. K. Allen abstained. Motion carried 4-1.
approved the low bid from Owenby Masonry & Construction of Fort Scott in the amount of $32,500 for the Below Grade Restoration project for the Eagle Block and CDL Building.
Consideration to purchase used truck from Fort Scott Auto in the amount of $18,000 for Public Works – Jesse Pohlmann, Public Works Director, informed the Commission that they have found a 2011 GMC Sierra Pickup they would like to purchase. Tom Coffman, City Mechanic, has checked this vehicle thoroughly. It has 228,000 miles on it.
L. Watts moved to approve the purchase of a 2011 GMC Sierra Pickup in the amount of $18,000 for Public Works from Fort Scott Auto. R. Nichols seconded. R. Nichols and J. Jones votes aye. K. Allen and P. Allen both abstained. Motion carries 3-2.
approved the purchase of a 2011 GMC Sierra Pickup in the amount of $18,000 for Public Works from Fort Scott Auto.
Police Department Update – Travis Shelton, Chief of Police, informed the Commission that three weeks ago Shawn Pritchett, who has been our K-9 handler, has resigned and to go to the Sheriff’s Department. He received a letter from Sheriff Bill Martin who asked to purchase the K-9 dog as well as well as the kennel. Chief Shelton said that he agrees with the request and would donate the dog to the Sheriff’s Department. The City would purchase another dog through our drug seizure funds.
R. Nichols moved to approve to donate the dog and kennel to the Sheriff’s Department. L. Watts seconded. All voted aye.
APPROVED TO DONATE THE K-9 DOG AND KENNEL TO THE SHERIFF’S DEPARTMENT.
Human Resource Update – City Manager search – Brad Matkin, Human Resource Director, informed the Commission that he has researched the search for City Manager options. There are three options he has found.
Use Osenbaugh Associates – Cost approximately $11,770
Use of L.E.A.P.S program through the League of Kansas Municipalities at an approximate cost of $13,000
Use City staff to advertise to the League, Linked In, the ICMA Association and other sites at an approximate cost of $1,700.
Brad suggested an interview process to include three community leaders, one City Commissioner and two Human Resource individuals.
L. Watts moved to approve the third option to search for a City Manager. K. Allen seconded. All voted aye.
approved the third option to search for a City Manager.
Disposal of City property – Jesse Pohlmann, Public Works Director, informed the Commission that the City has an old dump truck that needs scrapped. He asked for approval to scrap this old truck.
K. Allen moved to approve to scrap this old dump truck. L. Watts seconded. All voted aye.
APPROVED TO SCRAP AN OLD DUMP TRUCK THAT IS NO LONGER USED.
Reports and Comments:
Commissioner Reports and Comments:
L. Watts – Nothing to report.
R. Nichols – Thanked the downtown cleanup committee for a job well done. He said it was well organized. He also complimented the downtown murals that were painted and how well they look.
He asked the Interim City Manager to look at a City-wide brush removal program where citizens could pile their brush at the edge of the curb and the City would pick it up.
P. Allen – Pete remarked about a letter that he and the Commissioners had been given by a citizen. He said that the streets are not going to be repaired overnight.
Pete asked the Commission if they were committeed to a Street Maintenance program and if they were behind him and all the work he has done.
K. Allen – Kevin remarked that the new City employees are doing a great job.
He also complimented the pothole patcher machine and the employees and that they were doing a good job. He mentioned that a crack filling machine had been discovered at Public Works which will also assist in the street repair.
Kevin brought up the stop sign at 3rd and National and removing it.
Discussion was held regarding a traffic counter.
He made a motion to remove the stop signs at 3rd and National going north and south. P. Allen seconded. K. Allen and P. Allen voted aye. R. Nichols, L. Watts, and J. Jones voted no. Motion denied 3-2.
DENIED MOTION TO REMOVE THE STOP SIGNS AT 3RD AND NATIONAL GOING NORTH AND SOUTH.
J. Jones – Josh asked that the Interim City Manager review the Public Works contract with Earles Engineering.
Josh also asked that dock permit fee at Lake Fort Scott be researched.
Josh asked about the expansion of Municipal Court.
Diane told him that we are waiting on the new books from the League of Kansas Municipalities.
Josh asked about the traffic signals and the delay in the signals.
City Attorney Report and Comments: Nothing to report.
Adjournment:
J. Jones moved to adjourn the meeting at 8:33 p.m. L. Watts seconded. All voted aye.
ADJOURNED MEETING AT 8:33 P.M.
Respectfully submitted,
Diane K. Clay, M.M.C.
