Category Archives: Fort Scott

Fort Scott City Commission Minutes of Special Meeting on Dec. 30

CITY OF FORT SCOTT

SPECIAL CITY COMMISSION MEETING

Minutes of December 30, 2019 Special Meeting #2

A special meeting of the Fort Scott City Commission was held December 30th, 2019 at 9:30 a.m. in the City Commission Meeting Room, 123 S. Main Street, Fort Scott, Kansas.

ROLL CALL:

Commissioners Cheryl Adamson, Cindy Bartelsmeyer, Randy Nichols, JoLynne Mitchell and Mayor Jeanie Parker were present.

AUDIENCE IN ATTENDANCE: Robert Uhler, Pete Allen, Jeff Deane, Travis Shelton, Deb Needleman, Paul Ballou, Dave Bruner, Nancy Van Etten, Rachel Pruitt, Allyson Turvey, Loretta George representing FortScott.Biz, Ty Parks representing KOAM-TV, and Jason Silvers representing the Fort Scott Tribune.

EXECUTIVE SESSION:

Mitchell moved to recess into a 30 minute Executive Session to include the City Attorney and City Commission. This Executive Session is for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship. There is action anticipated after the Executive Session. Adamson seconded. All voted aye.

RECESSED INTO EXECUTIVE SESSION AT 9:32 A.M.

COMMISSIONERS ENDEED THE RECESS INTO EXECUTIVE SESSION AT 10:02 A.M.

Mayor Parker asked for a motion from the Commission to accept and approve to sign the letter from the City Attorney that was discussed in Executive Session to be filed with the Attorney General’s office.

Bartelsmeyer moved to accept and authorize the signature of the letter from the City Attorney to be filed with the Attorney General’s office. Adamson seconded. All voted aye.

ADJOURNMENT:

Bartelsmeyer moved to adjourn the special meeting at 10:06 a.m. Mitchell seconded. All voted aye. Motion carried.

ADJOURNED SPECIAL MEETING AT 10:06 A.M.

The next regularly scheduled meeting is to be held on January 7, 2020 at 6:00 p.m.

RECORDED BY:

_____________________________________

DIANE K. CLAY

CITY CLERK

Fort Scott City Commission Agenda for Jan. 7

Agenda for the Fort Scott City Commission, Jan.7 at 6 p.m. at city hall, 123 Main.

I. ROLL CALL:

ADAMSON BARTELSMEYER NICHOLS PARKER MITCHELL

II. FLAG SALUTE:

III. INVOCATION: Rev. Gene Payne, Minister

IV. PROCLAMATIONS/RECOGNITIONS:

V. CONSENT AGENDA:

  1. Approval of minutes of the regular meeting of December 17th, 2019 and special meeting of December 30th, 2019.

  1. Approval of Appropriation Ordinance 1253-A totaling $617,401.89.

  1. Resolution 1-2020 designating the official City newspaper.

  1. Resolution 2-2020 designating the official City depositories for public funds

VI. REORGANIZATION OF CITY COMMISSION AND ELECTION OF MAYOR, COMMISSION PRESIDENT, B.C.E.D.C.I. REPRESENTATIVE, AND FORT SCOTT HOUSING AUTHORITY DELEGATE

    1. Swearing in of new Commissioners
    2. Election of Mayor
    3. Election of Commission President
    4. Election of Bourbon County Economic Development Council Inc. Representative

    5. Election of Fort Scott Housing Authority Delegate

VII. APPEARANCE/COMMENTS/PUBLIC HEARING:

  1. APPEARANCE:

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

  1. PUBLIC HEARINGS/COMMENTS:

6:00 p.m. Consideration of CDBG Grant – Mayco Ace Public Hearing

Approval of Resolution 5-2020 – to Apply for 2018 Kansas Small Cities CDBG Grant and authorizing the Mayor to sign and submit an application

Approval of Resolution 6-2020 – Declaring a building blighted with respect to the Kansas Small Cities CDBG Grant Program

Approval of Agreement for Administrative Consulting Services for a 2020 Kansas Small Cities CDBG Grant Project

6:15 p.m. Resolution 3-2020 – Resolution Directing the Repair or Removal of an Unsafe and Dangerous Structure located at 510 S. Heylman Street

6:15 p.m. Resolution 4-2020 – Resolution Directing the Repair or Removal of an Unsafe and Dangerous Structure located at 501 S. Osbun Street

VIII. CONSIDERATION:

  1. Consideration of Contract with Suez Treatment Solutions for SCADA upgrades to the ozone system at the Water Treatment Plant

IV. COMMENTS:

  1. Director Updates: Robert Uhler
  1. Commission:
  1. City Manager:

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

IV. MOTION FOR ADJOURNMENT: ROLL CALL

Fort Scott City Commission Minutes of Dec. 17

CITY OF FORT SCOTT

CITY COMMISSION MEETING

Minutes of December 17th, 2019 Regular Meeting #23

The regular meeting of the Fort Scott City Commission was held December 17th, 2019 at 6:00 p.m. in the City Commission Room, 123 S. Main, Fort Scott, Kansas.

ROLL CALL:

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

INVOCATION: Pastor Eric Going, Parkway Church of God said a prayer asking God for guidance for the City, our Government and City officials.

AUDIENCE IN ATTENDANCE: Michael Hoyt, Dave Bruner, Travis Shelton, Chad Brown, Pete Allen, Kevin Allen, Josh Jones, Joe Lauber, Harold Martin, Deb McCoy, Patty LaRoche, Brian Allen, Rachel Pruitt, Nancy Van Etten, Jeff Fischer, Lindsey Watts, Tammy Helm, Michael Hoyt, Teresa Cooper, Eric Going, Susan Bancroft, Paul Ballou, Deb Needleman, Clayton Miller, and representing the press, Jason Silvers of the Fort Scott Tribune.

PROCLAMATIONS/RECOGNITIONS: Recognition of Jason Silvers, Staff Reporter, Fort Scott Tribune – Mayor Parker recognized Jason Silvers. Jason is a lifelong resident of Fort Scott and has been working for the Tribune since 2004. He graduated from Fort Scott High School, attended Fort Scott Community College, and then graduated from Pittsburg State University where he majored in drama and theater, but later changed his major to communications to become a sports broadcaster. He is the staff reporter and sports reporter for the Tribune. The Mayor thanked him for diligently attending and covering all our City Commission meetings.

APPROVAL OF MINUTES AND APPROPRIATIONS/CONSENT AGENDA:

  1. Approval of minutes of the regular meeting of December 3rd, 2019.

  1. Approval of Appropriation Ordinance 1252-A totaling $1,277,645.70.

C. 2020 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

G & W 2, L.L.C., 911 E. 6th Street

Hilltop Bait Shop – 2015 E. 1st Street

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. 19th

Sharky’s Pub & Grub – 16 N. National

Liberty Theatre – 113 S. Main

Holmtown Pub – 206 N. National

River Room Events, LLC – 3 West Oak

Buck Run Community Center – 735 Scott

Memorial Auditorium – 1 East Third

  1. Resolution 30-2019 and Notice of Hearing With Reference to Alleged Unsafe and Dangerous Structure located at 421 W. 5th Street – Public Hearing Date – 2/4/2020 – 6:15 p.m.

Nichols moved to approve the Consent Agenda. Adamson 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)

Deb McCoy – Deb remarked that she has been into City Hall and asked some questions on processes of hiring and firing and certain protocol and didn’t really get any information on how our City follows some of these policies. It was brought to her attention about some of the recommendations from the Grand Jury in 2007. These recommendations and comments were devised in hopes that the City officials might find them beneficial to improve the functioning of the City. In the interest of the community, a 16 point list of recommendations were presented to the City officials. She wanted to bring forth a few of these recommendations. Educate all personnel on proper purchase order procedures; Develop a written policy addressing the purchase bidding process, including guidelines for when a bid is required; Require vendors who want an opportunity to bid on something to register with the City and renew registration annually; to develop and implement a process for hiring department heads that includes an interview process by a panel of individuals from the community with experience in the position being filled; and the City Manager and City Commission should develop a long range plan. How many of these recommendations were completed? This would be a great way to start our new year of 2020 with vision, oversight and accountability. She handed out copies of the 16 recommendations.

Michael Hoyt – Michael said that he wanted to thank Ms. Clay for mentioning at the last meeting he gave the Commission an abbreviated version of the Constitution. It was the full version. He asked the Commission to consider that there be no appointments by this Commission or the Commission that is to be seated, or promote anyone interim, until the adopting of Item #11 from the list of recommendations. There are a few issues open with the Attorney General’s office that he thinks some actions, and he will leave that to your discretion, without including anyone’s name, that will need to be deferred until after those investigations are completed.

Nancy Van Etten – Nancy said that she lives at 764 195th Street and is a lake resident and lives on the east side. She wanted to update the Commission on the processes on the sewer rate increase that was approved on December 3rd for the lake residents for the sewer district which is a 44% increase. When they came earlier in the year, they (City Commission) said they didn’t think it was appropriate and it was tabled. In the meantime, Harold Martin developed a petition and she wanted to read it to them. Harold Martin lives on the west side of the lake full time. “Lake Residents, during the City Commission meeting on November 19th, the City Commission proposed to increase sewer rates for lake residents by 44.5% from $15.77 to $22.79 on January 1st, 2020. Lake residents in attendance requested the matter be tabled until a sewer board can be formed as detailed in the lake sewer district charter. The City Commissioners agreed to table the matter. We assumed the discussions would resume after a sewer board was formed as had been discussed. The next meeting of the City Commission convened on December 3rd, 2019. The lake sewer district rate increase was not listed as an agenda item but rather appeared in section 8 under an item for consideration along with seven other items. The notice of the issue should have been published in the newspaper as had done previously and is commonly required on all public action. At this meeting, the Commissioners approved a 44.5% increase from $15.77 to $22.79 and changed the minimum water usage from 3,000 gallons per month to 2,300 gallons per month with a $2.12 charge for each 750 gallons used in excess of the 2,300 gallon minimum. The December 4th account in the newspaper went on to say the full account of the City Commissioner’s action regarding this matter would not appear until the Saturday edition of the Tribune. Several concerns: Lake residents are not represented on the Board of City Commissioners and have no voting rights with regards to the election of City Commissioners. This is considered taxation without representation. City Commissioners are deceptive in their handling of this matter and appear to be taking advantage of the State mandated response time in this matter through the delay in releasing information to squelch public opinion and involvement. City Commissioners disregard the lake sewer district covenants when proposing increases of this magnitude. The lake sewer district covenants are not to exceed those levied for City residents in any given year. Sewer bills for each lake sewer district connection shall not exceed $50.00 per month including the $21.09 levy for repayment of construction bonds”. So, she does have names on the petition. Also, she did send an email out to the lake residents yesterday that she did do a complaint to the State of Kansas Attorney General’s Office in regards to this issue. She did talk to the County Commissioners this morning and sent them particular questions she had about the problems they are having with the sewer agreement and the increase in price and also questions to Susan Bancroft, the Finance Director, and to Michael Mix. She was able to speak with Susan today at her request. She just happened to be at City Hall signing forms for Open Records Act and was able to talk with her about some of the questions that she had. She was also given the information from Michael Mix just when she got here on his questions. What we are really wanting is for the City Commission to void the action that was done on December 3rd, and that’s what she passed on to the Attorney General, and for the City and the County to collaborate together to determine what action needs to be taken on this sewer agreement and see if there needs to be a board developed.

City Manager said that there is a current Bourbon County Sewer District #1 which is the County Commission. We are in a contract with a maintenance agreement with the County. We notified the County in July that we were going to increase the rates and notified them again in November. The last Commission meeting your movement was for us to look into the paperwork and make sure we were doing it right. We did that and we brought it back to you (City Commission) and you approved the rate increase. You can change that if you want, but it is very clear that Bourbon County Sewer District #1 is the current Chairman of the Bourbon County Commission and the current County Commissioners. That is the Bourbon County Sewer District #1 and we notified them which is what we are supposed to do. The problem is the County owns the sewer pipe from the City limits to the lake residents. We help maintain it just like in the City. We own up to the property line. The City is nothing more than a vendor who has a maintenance agreement with the County. Now if the County Commission wants to have a City Commissioner or a City representative on their sewer board that is fine, but there is a Bourbon County Sewer District #1 board and it is the County Commission.

Nancy Van Etten said that there is a fairly large agreement that was signed January 18th, 2011 that indicates there are a lot of specifics of what the City needs to do and the responsibilities of the County. It was very specific and that’s what she gave to Susan and to the County. She just got Michael’s information so she doesn’t know what his answers are. She thinks this agreement needs to be reviewed. She’s not sure that everyone understands this particular agreement. She asked if there were any amendments to this agreement. She doesn’t think that anyone has been working together since there have been no rate increases since 2011. She said that they haven’t gotten any notices in their bill that there was going to be an increase.

City Manager said that should have came from the Bourbon County Sewer District #1 because they were notified.

Nancy Van Etten asked who was the Bourbon County Sewer District #1.

City Manager said it was the Bourbon County Chairman and the other two Commissioners.

Harold Martin – Harold said that he lives at 841 190th Street and he lives on the west side. There are a couple of things in that agreement that from their prospective have not been met. One, is the process that the rate increases are calculated and it is very specific that water will be monitored the first three months of the year, which will be the base and states what the increase will be. The problem that we have with what’s going on is we don’t have any way to ask for the City to provide us with what their costs are and overruns and increases are. That’s provided for in that document so we have a basis for what they believe the rate increase should be as a sewer board. They just found out today that the County Commission is supposed to be the sewer board. They aren’t sure that is accurate. They believe that members of that sewer board should be people who live in that district and be part of that sewer district. Otherwise, you have people representing something that they have no stake in. The people they are representing should have a stake in it. Something else that came up at the last meeting, we were informed that you had no way to get water usage because we are provided water through the rural system you don’t have access to. Because you are maintaining that grinder pump on Indian Road, you know how often it runs, what the g.p.m. of the pump is, and you have annual records and you can tell exactly how many gallons of sewage are pumped from that lake sewage system into your system and based on 140 grinder pumps that are out there, then you would know what it’s costing per unit per year to actually process that sewage. We don’t have access to that information but you do. By charging everybody and increasing their payment 45%, and probably a full 2/3’s or ¾’s of the people don’t live out there all the time, so now you have a usage of a utility that is extremely low that you are collecting a premium for that service. He thinks those things should be looked at and a sewer commission of people who actually have a stake in that district need to be involved in it. We assumed that you said table it and we need to form a sewer district and need to look into it, that it would be tabled until that happened. Obviously, there was a misunderstanding and the misunderstanding on your end expressed here is that you looked into it with the County, but they don’t have a stake in it.

City Manager asked him what he meant by saying the County doesn’t have a stake in it.

Harold Martin said that they don’t live in that district. They don’t live at the lake.

City Manager said that was before his time with the City. They signed an agreement with the County for the City of Fort Scott to charge a smaller rate for the first year, even less than City residents. For some reason, people thought it needed to carry on. It got caught last year. We notified the sewer district to our knowledge. At the last meeting, the County said they weren’t the sewer district, but they are. It says right there on the maintenance agreement. The City is taking care of that utility because they don’t have a sewer system.

Susan Bancroft, Director of Finance, remarked that when the sewer district was formed, the reason why the rates were lower than the City residents is, in order to get a CDBG/USDA grant, we needed our rates to be a certain level. They couldn’t exceed $50.00 which would cover the sewer and the bond payment as well as the rate increase. That’s why the agreement was made so that it could be increased as needed to help support the sewer system after the first year. That’s why the agreement is worded the way it is. There is a state statute that our City Attorney has referenced.

Joe Lauber, City Attorney, referenced 19-27-A02 and if you look at the agreement and the opening sentence. It says that “The Board of County Commissioners shall be the board of any sewer district it creates”.

Harold Martin said that it was at a specific rate and stayed there and stayed there. He doesn’t think the residents at the lake should be penalized because that rate increase wasn’t administered appropriately over time and now they get hit with a 45% increase. It is not appropriate to do that because somewhere in there it got missed. It’s not their problem as a resident. He still thinks that the people that live there need a voice.

City Manager said that they can take that up with the County Commission.

Susan Bancroft said that the City isn’t trying to penalize the residents as we aren’t going back and trying to make them pay all these back rates.

Commissioner Nichols said that they have gone six or seven years without an increase.

City Manager said that the increase is still being based on the 3,000 gallon. City residents use 2,300.

Harold Martin said that when he used the 2,300 number, that was what was printed in the paper. It should have been 3,000. They should have been informed other than reading it in the paper. He is in tune to the point that we could have been getting increases all along and gets that but he also wants to stress that the process for making those increases has not been followed. They haven’t been able to view what the cost increases are, but he thinks it would be very important and very insightful to know what the output of that pumping station would be on an annual basis. He would like to know what it actually costs the City.

Susan Bancroft said that she has been in contact with Rural Water and they are willing to look at possibly creating a waiver for a lake resident to go in and give the City permission on an annual basis to give us their water usage average so then that way we can bill based on their true usage. That will take a process to work through the administration of it. She will be working on this.

Commissioner Mitchell asked Bourbon County Commissioner Jeff Fischer what his thoughts were.

Jeff Fischer said that he is only a Commissioner in a specific room about a block away. He thinks the big question is about the sewer district. When the County Commissioners signed on to facilitate that district, in that agreement, it talks about expanding the borders. There are requirements of the board that he has no idea as no one has applied to expand that system. This would be a great exercise for the Lake Advisory Board to consider. They are formed but haven’t had their first meeting yet. They could put together a proposal and see what responsibilities are between the City and the Sewer District #1. That’s really who the agreement is between.

Patty LaRoche passed on speaking to the Commission.

Pete Allen – Two weeks ago at the City Commission meeting, the Commission authorized spending $1.5 million for an energy service contract for a company that is headquartered in Paris, France – Schneider Electric. That contract is for doing a study or actually putting in units that they say we need to do. In reality, we are financing that $1.5 million at 3½% over 20 years. The total cost will be $2,135,000. It will cost us another $600,000 over the $1.5 million. That is a questionable service in the first place. K.C.C. did a study on the same type of service on three places in the State of Kansas and they could find no savings. They could find no proof that any savings occurred. The Community College here in Fort Scott did a program ten or twelve years ago, and they’re still paying for it. They are paying $88,000 every six months, which is $176,000 a year they are still paying for. Most of the improvements are gone and they still have two or three years to pay. It is the spending of our taxpayer’s $2,135,000 that we don’t have. The City simply does not have $2,135,000. I went to speak with Michael Mix earlier and as you know we do have a tremendous problem with our sewer system in Fort Scott. Our sewer system is old and antiquated and there are sections of it that are in danger of collapsing as we speak. Right now we have a small camera that we use to camera the lines to see exactly where we are. Michael has two people that are full time working for him on the sewers. He has a plan whereas it will take eight years to map it with those two people to find out what we’ve got. He thinks our money should be used for things we need and not things we want. We would be in much more need of a sewer overhaul than we do an energy program. What he is asking if we put that $2,135,000 into our sewer system, it would be much, much, much better for our citizens than this energy thing. We have local people that can handle the energy thing. What he is asking is for the Commission to rescind the contract for the energy contract and let us get some work done where we need it in Fort Scott and that’s in the sewer. He doesn’t think it’s too late even if it is postponed a year. For that amount we can sleeve ten miles of our sewer system.

  1. PUBLIC HEARINGS:

Mitchell moved to open the Public Hearing at 6:38 p.m. Adamson seconded. All voted aye.

OPENED PUBLIC HEARING AT 6:38 P.M.

6:00 p.m. – Budget Amendment Hearing – Susan Bancroft, Finance Director, informed the Commission that this budget amendment needs to happen due to increased spending in two accounts. In the Economic Development fund, there was allocated $228,568 in expenditures when actually there were expenditures of $582,860. In the Special Parks & Recreation fund there was $12,850 allocated and actually $55,070 was spent.

There we no comments from the audience.

Mitchell moved to approve the Budget Amendment. Nichols seconded. All voted aye.

APPROVED BUDGET AMENDMENT.

Mitchell moved to close Public Hearing at 6:39 p.m. Adamson seconded. All voted aye.

CLOSED PUBLIC HEARING AT 6:39 P.M.

CONSIDERATION:

  1. Approval of Quit Claim Deed – Transfer of Depot Parking Lot to H.P.A. – City Manager said that this quit claim deed will transfer the City parking lot at Scott and Wall Street to H.P.A. with the two stipulations that were stated at a previous meeting. The first stipulation was that the adjoining property owner can continue to use the shared driveway and secondly, the grantee shall have two years from the date of this deed to complete this project or the land will revert back to the City. Approval was recommended.

Nichols moved to approve the Quit Claim Deed that will transfer the parking lot at Scott and Wall Street to H.P.A. Adamson seconded. All voted aye.

APPROVED QUIT CLAIM DEED FOR LOTS 1, 3, 5, & NORTH 9’ OF LOT 7, BLOCK 87, FORT SCOTT ADDITION TO TRANSFER TO THE HISTORIC PRESERVATION ASSOCIATION OF BOURBON COUNTY.

  1. Consideration of Memorandum of Understanding with Charlesworth Consulting – Consultant for City’s insurance needs – Deb Needleman, Human Resource Director, informed the Commission that the renewal for the memorandum of understanding between the City of Fort Scott and Charlesworth Consulting is up for renewal. Charlesworth Consulting has been our consultant since 2014. She asked approval for this memorandum of understanding.

Mitchell moved to approve the Memorandum of Understanding between the City of Fort Scott and Charlesworth Consulting for the City’s insurance needs. Parker seconded. All voted aye.

APPROVED MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF FORT SCOTT AND CHARLESWORTH CONSULTING FOR THE CITY’S INSURANCE NEEDS.

  1. Consideration to accept Grant Agreement between City of Fort Scott and Kansas Housing Resources Corporation – Rachel Pruitt, Economic Development Director, informed the Commission that this is the first time the City has applied for a Moderate Income Housing Grant. Letters of support were received from Key Industries and Peerless Products, both companies which have added numerous employees this year. In order to fill these jobs, we need housing for them. This grant is a $250,000 grant that will rehabilitate four homes to three bedroom rentals. This is a 100% grant with no City match required. She asked for approval to accept the grant.

Nichols moved to approve the Kansas Housing Resources Corporation Housing – Moderate Income Housing grant. Parker seconded. All voted aye.

approveD the Kansas Housing Resources Corporation Housing – Moderate Income Housing grant – $250,000 GRANT.

  1. Consideration of 2020 Bourbon County Emergency Medical Service Agreement – Dave Bruner, Deputy Fire Chief, informed the Commission that this agreement is the renewal of the Bourbon County Emergency Medical Service Agreement from last year. This agreement is in effect until December 31st, 2020. Approval was recommended.

Nichols moved to approve the Bourbon County Emergency Medical Service Agreement with Bourbon County for 2020. Adamson seconded. All voted aye.

APPROVED THE BOURBON COUNTY EMERGENCY MEDICAL SERVICE AGREEMENT BETWEEN THE CITY OF FORT SCOTT AND BOURBON COUNTY FOR 2020.

COMMISSION/STAFF:

  1. Director Updates:

Rachel Pruitt Rachel shared two videos with the Commission. She is excited to announce that T-Mobile was looking for a pilot rural city to place 5G capability and Fort Scott was selected as that rural city. 5G is already turned on in Fort Scott. There will be a kickoff call tomorrow and then a group of volunteers that will test the network. She is excited that Fort Scott was selected to be the pilot rural city.

Chad Brown – Chad updated the Commission that the Street Department was able to complete about 7 blocks of road work this summer. This included 5 blocks of contract work from approximately Margrave to east of Caldwell on Wall Street in which the Street Department assisted the contractor in the loading and hauling of millings, sweeping and brooming work and preparation of the paving materials and traffic control. The Street Department also completed the reconstruction of a two block stretch on Crawford Street from 10th to 12th. This included brick and asphalt removal and replacement, storm sewer repairs and all new curb and gutter throughout the project. The Street Department then began to work on Andrick Street from 4th to 6th Street. They began at the 5th Street intersection where they encountered a water line leaking that according to their maps had been abandoned in the 1980’s. This water main had not been fully abandoned. While waiting, the crew continued curb and gutter and pavement removal toward the south toward 6th Street. When they got past 6th Street, they encountered a 4” gas main that was directly under the pavement and too shallow for road reconstruction. After contacting Kansas Gas Service, they spent time engineering this to move this line out of the right of way. This process took longer than expected and pushed them into the winter months. In June the Commission approved this project on Andrick to be an asphalt street requiring 380 tons of asphalt totaling $25,840. Since we are out of asphalt season and still have this one block under construction, he asked for approval to use concrete requiring 192 yards totaling $19,584. This would actually be a savings. This will allow then to finish this project. We are able to pour concrete at this time of the year as long as the ground is not frozen. He asked for approval to change this block from asphalt to concrete.

Parker moved to allowing the 5th Street on Andrick to be concrete instead of asphalt. Adamson seconded. All voted aye.

APPROVED TO ALLOW 5TH STREET ON ANDRICK TO BE CONCRETE INSTEAD OF ASPHALT.

Chad also updated the Commission on the adoption of an Ordinance of a Street Advisory Board for the purpose of assisting the City in making recommendations involving road improvement projects throughout the City of Fort Scott. This will help establish a more well run program as well as get citizens involved in one of the most important infrastructures in our town. This board will have a minimum of seven members with one member being the Public Works Director, the Community Development Director, and the other four members would be selected at large, but reside in the City limits of Fort Scott. The purpose will be to make suggestions on streets, brick streets, street repairs, and capital improvement projects. He asked for approval of this ordinance.

Adamson moved to approve the Ordinance creating a Street Advisory Board. Parker seconded. All voted aye.

APPROVED ORDINANCE NO. 3356 ESTABLISHING A FORT SCOTT STREET ADVISORY BOARD, PROVIDING FOR THE APPOINTMENT AND TERMS OF THE MEMBERS THEREOF, AND DEFINING THEIR DUTIES.

Chad said he had one more item. He has been in discussions with an engineering company called I.M.S. Infrastructure Management Services. They are based out of Tempe, Arizona but their central region manager is based out of Springfield, Missouri. They utilize laser cameras, digital cameras, GPS, distance measuring and hardware to collect data on different types of streets and pavements. He asked for approval to move forward in talking with this engineering firm. They will come to town and complete all the field survey work, and input all their data, and compile a Pavement Condition Index for each roadway surface analyzed. He asked for approval to move forward in discussions with them.

Commissioner Nichols encouraged him to move forward with this firm. It is critical and we need a uniform structured plan for this committee. It will give us a baseline on what is most critical.

Chad said that their goal is to develop a priority list. Similar cities around us are also utilizing this firm.

  1. City Commission:

Bartelsmeyer Not present.

Mitchell Nothing to report.

Nichols Remarked that he wished that Pete Allen was still around. Regarding this energy saving program, the company we chose was vetted, the program has been used in many cities, but the truth is, this is money we were going to be spending. This money will come back to us in a guaranteed fashion. This will pay for itself in savings. It was a well thought out plan and didn’t happen overnight. These items needed replaced and probably by government standards would have to be replaced over the next few years. This is revenue neutral.

Susan Bancroft said that the savings will pay off the debt. If for some reason you don’t have the savings that were estimated by this engineer, they will pay off the debt.

Adamson – Remarked that she is excited about Rachel’s announcement about T-Mobile. She wished all a Merry Christmas!

Parker – Nothing to report.

  1. City Manager:

      1. Chamber Coffee – City Manager announced that the Chamber Coffee will be held at City Hall on Thursday, December 19th, 2019.

      1. Project List for 2019 – City Manager said that a list has been compiled of accomplishments for 2019. Health care has been a huge issue in 2019 and we are blessed to have two partners in town working with us. In 2021 those leases are gone.

EXECUTIVE SESSION:

Mayor Parker asked that a 10 minute Executive Session be held to discuss non-elected personnel with action anticipated. This will include the City Commission, City Attorney and Human Resource Director.

Adamson moved to enter into a 10 minute Executive Session to include the Human Resource Director, the City Attorney and the City Commission to discuss personnel matters of non-elected personnel. There will be action anticipated. Nichols seconded. All voted aye.

ENTERED INTO EXECUTIVE SESSION AT 7:15 P.M.

Nichols moved to come out of Executive Session at 7:22 p.m. Mitchell seconded. All voted aye.

EXITED FROM EXECUTIVE SESSION AT 7:22 P.M.

Mayor Parker announced that the City Manager Employment Agreement was discussed for his annual review. There was no increase in salary. There was no increase in wages or benefits. We corrected some deficiencies by adding a job description and to clarify performance reviews and terms for his future contracted years.

Nichols moved to approve the City Manager Employment Agreement. Mitchell seconded. All voted aye.

APPROVED CITY MANAGER EMPLOYMENT AGREEMENT.

Harold Martin asked that the Commission rescind the lake sewer increase for January.

Mayor Parker said that a decision has already been made. No action was taken.

ADJOURNMENT:

Adamson moved to adjourn the meeting at 7:22 p.m. Parker seconded. All voted aye.

ADJOURNED MEETING AT P.M.

The next regularly scheduled meeting is to be held on January 7th, 2020 at 6:00 p.m.

RECORDED BY:

DIANE K. CLAY

CITY CLERK

Fire Chief Paul Ballou’s Retirement

Paul Ballou with some of his family at his retirement reception. From left: Lisa Chaplin, daughter; Able Chaplin, grandson; Cheryl Ballou, wife; Ballou and Madalyn Ballou, granddaughter.

The City of Fort Scott gave a come-and-go retirement party for retiring Fire Chief Paul Ballou on Jan. 3 at Buck Run Community Center.

Ballou started as a rural firefighter in May 1990 before coming to work for the City of Fort Scott’s Fire Department.

A luncheon, along with cake served the many well-wishers who came.

A few of the well-wishers attending the retirement reception of Paul Ballou.

Displayed on a table as one entered the gym of Buck Run Community Center were photos of the fire department with Chief Ballou at the helm and a firefighters hat to hold cards for Ballou from the community.

A firefighter hat filled with cards from well-wishers.
A photo of the Fort Scott Fire Department, with Ballou front and center, was on display.

In addition to fire chief, Ballou was also made assistant city manager last year by Dave Martin, Fort Scott’s City Manager. He oversaw the city’s dispatch division and occasionally helped the city’s code enforcement department, he said.

Dave Bruner was named the new Fort Scott Fire Department Chief and assumes duties on Jan. 6.

Image may contain: 1 person, standing and text
A photo of the Fort Scott Fire Department in 2016. Center, right is Paul Ballou; center, left is Dave Bruner.

New Bakery in Town: Moe’s Breads

Melissa McCurrey and her husband, David McCurrey, are co-owners of Moe’s Breads, 20 W. Wall St.

Melissa McCurrey, Fort Scott, worked at 5-Corners Mini Mart before opening her new business, Moe’s Breads.

A random request from a customer started a new career for her.

“I was eating zucchini bread, from my Grandma Baguss’ recipe, at 5-Corners and a random customer asked if I could make a loaf of it,” McCurrey said. “It got bigger from there. I started baking two years ago. A year ago we were selling muffins at 5-Corners. On Dec. 18th I opened at the new storefront at 20 W. Wall Street.”

“Darcy Smith (5-Corners owner) encouraged me to start,” McCurrey said.

David, her husband is the co-owner.

Every morning she makes homemade biscuits and homemade gravy and starts selling it and other breads, cookies, muffins along with hot and cold drinks at 5 a.m.

There is a lounge area in the bakery with a couch, table, and chairs in an adjacent room.

“This is where customers and relax and enjoy,” she said.

When one steps into the store, a display of Melissa’s food for sale is in full view.

The fruit loaves include banana, pumpkin, blueberry, and zucchini. They sell for $6. Apple cinnamon and caramel pecan swirl loaves are $7.

Cookies include banana chocolate chip, peanut butter, chocolate cream for $4 a dozen, no-bake cookies sell for $6.

Yeast bread orders must be placed 24-hours prior and start at $5: white, wheat, French, challah, jalapeno cheese, ciabatta, cinnamon rolls, and sourdough.

Coffee can be purchased for $1.25 and tea for75 cents. Soda, milk, orange juice, and energy drinks are also sold.

Hours are from 5 a.m. to 5 p.m. Monday through Friday.  Saturday and Sunday hours are 9 a.m. to 2 p.m.

To place an order, call 620-768-8009.

 

Moe’s Breads bakery is located at 20 W. Wall, just around the corner from Boiler Room Brewhaus at 10 S. National.

Christmas Tree Pickup Jan. 3, 10, 17 and 24

The City of Fort Scott Public Works Department will be picking up discarded Christmas trees at no charge for City residents again this year. The pickup dates will occur on Friday, January 3rd, 2020, Friday, January 10th, 2020, Friday, January 17th, 2020, and Friday, January 24th, 2020.

The Public Works Department asks that you place the tree at the curbside off the street and call City Hall at 223-0550 with your address and name to schedule the pickup.

The discarded trees will be used to enhance fish and wildlife habitat in the City-owned water structure properties.

Jon Kindlesparger Retires As Golf Course Superintendent

Jon Kindlesparger stands in front of the cake that his employer, The City of Fort Scott provided for his retirement reception.

Jon Kindlesparger, 66, retired as the Woodland Hills Golf Course Superintendent as of Dec. 31, 2019.

In his 8.5 years at the golf course, Kindlesparger has seen an improvement in the course that is owned by the City of Fort Scott.

Jon Kindlesparger answers the clubhouse phone.

“The city has put some money into it,” he said. “It takes a ton of money…It was a three to four-year challenge…from not very good to playable.”

The course has been improved from “pretty downtrodden”, Kindlesparger said. “To a decent golf course now.”

“All the turf is better and in playable condition,” he said. “There is a new clubhouse and new cart shed and also playing, membership and revenue has increased.”

Golf carts that can be rented are lined up near the entrance to the Woodland Hills Golf Clubhouse.

“Jon made a ton of difference in his time,” Rex Hall, a member of the golf course and attendee at Kindlesparger’s retirement reception Dec. 30, said.  “He made it actually look like a golf course.”

Following his retirement, Kindlesparger said he will be seeing ” a lot of golf courses and a lot of lakes to fish.”

Jon Kindlesparger looks at the gift card the City of Fort Scott gave him at his retirement reception on Dec. 30 at the clubhouse.

The Fort Scott Human Resources Director Deb Needleman presented a gift card to Kindlesparger during the reception.

Woodland Hills Golf Course, 2414 S. Horton, Fort Scott.

 

American Legion Post 25 Scuttlebutt

Membership

American Legion Fort Scott Thompson-Harkey Post 25 is in 1st place in 2nd District membership. Today’s numbers have Post at 85 members or 111.84%.

This is Post 25’s third consecutive year at having Post membership above 100%.  Be proud of yourself and this milestone achievement.  I salute all members who made this possible.

If you have not yet renewed, please do consider doing so. Your dues support the Legion’s efforts advocating for Veterans and their families throughout Kansas and great country. The recently passed Blue Water Navy bill was the result of the Legion’s efforts to insure “Blue Water” Sailors and Marines could receive medical and pension benefits for exposure to Agent Orange.

Volunteer Needs

There will be a workday to start putting the Legion Room in Memorial Hall back together. The first workday is Friday, January 3rd at 10 am.

Baseball Chair for the 2020 American Legion baseball season. The 1st meeting for prospective teams is in late January. Post 25 has received a grant for $1,400 as seed money for this year’s team.  Unless we have a Baseball Chair to oversee the coaches and insure that Legion high standards towards sportsmanship and positive charter building are maintained, the grant money will be returned to the City of Fort Scott.

Upcoming Events

January 3. Workday at Memorial Hall. Starts at 10 am.

January 6. Post 25 meet and greet starts at 630 pm in Memorial Hall.

January 6. Post 25 general membership meeting starts at 7 pm in Memorial Hall.

January 16. American Legion Auxiliary Unit 25 meets at 600 pm in Memorial Hall.

January 16. American Legion Post 25 Color Guard meets at 730 pm in Memorial Hall. All Post 25 Legion family members can join the Post 25 Color Guard. This includes Auxiliary and Sons of the American Legion Squadron members.

January 31 – February 2, 2020. Department of Kansas Midwinter Forum at Fort Scott.

 Informational Items

Kudos to our Legion Family members who “rang the bell” for the Salvation Army on December 17th.  100% of the donations contributed to the red kettle stay in Fort Scott. Bell ringers were Mary Tinsley, Bob and Pamela Belknap, Marilyn Gilmore, Diane Spencer, Myra Jowers, Darrell Spencer and Mike Hansen.

Several Post 25 Legionnaires and Auxiliary members visited Veterans at the Fort Scott Medicalodges on December 23.  Only about half of the Veterans residing at the Medicalodges were able to attend. Each Veteran received a Hallmark Christmas ornament and a stocking containing candy and some small personal items.

The Department of Kansas Sunflower for January – March 2020 is attached for your reading pleasure.

Post 25 will be hosting the Department of Kansas Midwinter Forum January 31 – February 2. Please mail in your reservation for the Filet Mignon dinner to be held at the River Room on Saturday, February 1. You can also bring your reservation to our general membership meeting on January 6th.  The reservation is in the Mod-Winter Forum attachment.

For more info:

Mid-Winter Forum at Fort Scott

sunflower2020q1

Special City Meeting Sends Reponse To Kansas Attorney General

Fort Scott City Attorney Jeffrey Deane speaks to the press following the special meeting of the city commission on Dec. 30.

The Fort Scott City Commission had a special meeting on Dec. 30 to sign off on a  letter to Kansas Attorney General Derek Schmidt.

This was in response to local citizen Michael Hoyt’s protest alleging Kansas open meetings violations by the commission.

The Fort Scott City Commission, Dec. 30, 2019, during a special meeting. From left: Commissioner Randy Nichols, City Clerk Diane Clay, Commissioner Cheryl Adamson, Mayor Jeanie Parker, Commissioner Jolynne Mitchell, Commissioner Cindy Bartlesmeyer, City Manager Dave Martin and City Attorney Jeffrey Deane.

 

“I wrote on behalf of the city and commission in reply to an inquiry from Lisa Mendoza of the Kansas Attorney General’s office,” Jeffrey Deane, Lauber Municipal Law, LLC, Lee’s Summit, MO, said in an email to FortScott.Biz.  Deane is the new Fort Scott City Attorney, replacing Burton Harding.

The city response letter was approved Dec. 30 by the commission and signed.

Hoyt’s Allegations

Hoyt alleged the city commission violated the Kansas Open Meetings Act when it prepared and signed a letter objecting to the candidacy of Kevin Allen, outside of an open meeting.

“It is now a public record and to save you the time of making a KORA request of us or the attorney general, I am providing this copy for information,” Deane said in an email to FortScott.Biz.

Hoyt sent a letter to the attorney general that a “notice of objection” was prepared and signed by each member of the Fort Scott City Commission on August 23, 2019.

The allegation is that the commissioners were acting together as a governmental body for the citizens of Fort Scott, in violation of the Kansas Open Meetings Act (KOMA), according to Hoyt’s complaint.

The KOMA violation form was dated 10-10-2019 and signed by Hoyt.

To view the complaint to the attorney general, click below:

AG complaint 20191211

The City Attorney’s Response

“This allegation is baseless,” Attorney Deane noted, “in that

1) the commission, as the governing body, lacked the legal power and/or standing to contest Mr. Allen’s candidacy;

2) the August Letter was executed by five individuals, qualified under law as registered voters to lodge the contest, and not as an action of the governmental body; and

3) the provisions of KOMA did not attach to the actions of the commissioners acting on power granted to them individually by law and not in their official capacity.

For these reasons there was no KOMA violation.”

The Fort Scott City Attorney’s conclusion of the issue is as follows:

“Mr. Hoyt’s allegations stem from a flawed reading of the laws that govern this issue,” Deane states in the response to the attorney general. “The KOMA requires meetings when the governing body is transacting the business or affairs of government. As the analysis sets out above, the power and standing to raise an election contest is a personal right reserved and granted only to registered voters. A governmental subdivision such as the city, even though its duly elected governing body, lacks the legal power to lodge a
contest. As a result, the August Letter, even though signed by the five individuals that are also commissioners, could only be the expression of the individual’s power and standing to contest.”

To view the complete response, click below:

20191229 Fort Scott Reply to AG letter Final

 

Course Of Action To Be Determined

Assistant Attorney General Lisa Mendoza, who is also on the Open Government Enforcement Unit, said in the letter that once a response from the city is received, a proper course of action will be determined.

This may include further investigation, closing the matter or seeking appropriate remedy for any KOMA violations.

As a remedy, Hoyt seeks the entry of a consent order, admission of a violation and a $500 fine per commissioner, according to the letter from Mendoza.

Background Of The Issue

From Attorney Deane’s response to the attorney general:

The November 2019 Fort Scott City Commission elections were passionately contested.

Fourteen candidates filed for the city commission seats held by Commissioners Cheryl Adamson, Cindy Bartelsmeyer, and Mayor Jean Parker.

The August primary elections pared the 14 candidates down to six for the general election.

Rumors were circulating about Kevin Allen, alleging that his primary residence was his home on Brown Street, which is outside the boundary of the city limits, according to the letter from Attorney Deane.  Allen used the address of Skitch’s Hauling & Excavating, Inc., his business address,  on East 20th Street as his residence.

City ordinance and state law require candidates for city office to reside in the corporate boundaries of the city where they will hold office.

The allegation that Allen lacked the residence to hold office in Fort Scott was generally known to the electorate, including the individual city commission members, Deane’s letter stated.

“Cheryl Adamson authored the August letter, as an individual contest of Mr. Allen’s residency to hold office, to which Cindy Bartelsmeyer, JoLynne Mitchell, Randy Nichols, and Jean Parker joined,” Deane said in the response letter.

The letter could only have been brought by individual registered voters under state law and not by the city commission acting in its official capacity, Deane stated

The August letter was accepted by the Bourbon County Election Officer and a board convened for a full hearing on the matter.

The election board determined that even though Allen had several conflicting addresses in and out of the boundaries of Fort Scott, his claim of legal residence at the East 20th Street business address was sufficient to support candidacy and the election continued, according to the Deane letter.

Home Energy Cost Assistance Available Jan. 16

The Low Income Energy Assistance Program (LIEAP) is a Federally funded program that helps eligible households pay a portion of their home energy costs by providing a one-time per year benefit.

Locally,  at Community Christian Church, January 16th from 10 a.m. -2 p.m.  Evergy will have a representative onsite to help answer questions and assist people in signing up for this program.

 

 

LIEAP Frequently Asked Questions.

 

The 2020 LIEAP application period is from Thursday, January 2, 2020, through Tuesday, March 31, 2020. Applications must be received prior to 5:00 PM, March 31, 2020.

 

  • Print application available December 16, 2019.
  • Online application available January 2, 2020.

 

The following summary describes basic LIEAP eligibility provisions.  Additional information may be obtained by calling 1-800-432-0043.

 

Persons Eligible

In order to qualify, applicants must meet the following requirements:

  1. An adult living at the address must be personally responsible for paying the heating costs incurred at the current residence, payable either to the landlord or the fuel vendor.
  2. Applicants must demonstrate a recent history of payments toward purchase of the primary heating energy.

 

The combined gross income (before deductions) of all persons living at the address may not exceed 130% of the federal poverty level according to the guidelines listed below:

 

2020 Income Eligibility Guidelines

Persons Living at the Address Maximum Gross Monthly Income
1 $1,354.00
2 $1,832.00
3 $2,311.00
4​ $2,790.00​​
5​ $3,269.00​
6​ $3,748.00​
7​ $4,227.00​
8​ $4,705.00​
9​ $5,184.00
10​ $5,663.00
11​ $6,142.00
12​ $6,621.00
+1    $479.00 for each additional person

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Benefits

Benefit levels vary according to the following factors:

  • Household income
  • Number of persons living at the address
  • Type of dwelling
  • Type of heating fuel

 

Want To Host A Chamber Coffee?

Happy New Year!
We are now booking
Chamber Coffees for 2020! Chamber Coffees take place each Thursday at 8am and are a great way to promote your business or organization with approximately 40-50 people in attendance.
Click here for a current schedule and to view open dates.
Click here to email us your preferred date.
You might include a 1st & 2nd option in case your
choice is full by the time you request a date.
Click here for an overview of hosting a Coffee.
You may also call us vs. email with your preferred date or to go over any questions you may have about hosting.
Rita Schroeder, Administrative Assistant
Lindsay Madison, Executive Director
620-223-3566
Upcoming Chamber Coffee Schedule:
* 1/9Chamber of Commerce Board of Directors, at the Chamber office, 231 E. Wall St.
* 1/16 Fort Scott Compassionate Ministries, at their office located w/the Bourbon County Senior Citizen Center, 26 N. Main St.
* 1/23 Walmart, in the Vision Center
* 1/30 My1Stop, at Empress Center, 7 N. Main St.