Category Archives: Government

BOARD OF EDUCATION REGULAR MEETING APRIL 10 PUBLIC AGENDA

Unified School District 234

424 South Main

Fort Scott, KS 66701-2697

www.usd234.org

620-223-0800   Fax 620-223-2760

 

 

DESTRY BROWN                                                                                                                                                        

Superintendent                                                                                                                                             

 

 

 

 

BOARD OF EDUCATION REGULAR MEETING

APRIL 10, 2023 – 5:30 P.M.

PUBLIC AGENDA

 

1.0       Call Meeting to Order                                  Danny Brown, President

 

2.0       Flag Salute

 

3.0       Approval of the Official Agenda (Action Item)

 

4.0       Approval of the Consent Agenda (Action Item)

            4.1       Board Minutes

  1. 03/06/2023 Regular Meeting
  2. 03/27/2023 Special Board Meeting

            4.2       Financials-Cash Flow Report

            4.3       Check Register

            4.4       Payroll – March 9, 2023 – $1,571,728.00

            4.5       Activity Fund accounts

            4.6       Negotiations Training

4.7       LEA Assurances

4.8       Point of Interest – Board Meeting on May 8th will be at the normal time of 5:30.  The                  Employee Recognition Reception will be held on May 17, 2023 starting at 1:00 pm.

 

5.0       Recognitions

5.1 Student Recognition

5.2 Employee Recognition

5.3 Board Member Acknowledgements

 

6.0       Leadership Reports (Information/Discussion Item)

            6.1       Superintendent’s Report

            6.2       Assistant Superintendent’s Report

            6.3       Finance Director’s Report

                                               

 

 

7.0       Old Business

7.1       Fort Scott Preschool Center (Action Item)

7.2       Tennis Courts Resurface – Hellas Construction Inc. (Action Item)

7.3       Resolution 22-13 (Action Item)

           

8.0       New Business

8.1       KASB Membership Renewal & Legal Assistance Fund Contract (Action Item)

8.2       Roof Payment (Action Item)

8.3       Science Textbook Adoption (Action Item)

Grades 3-5: Inspire Science, McGraw Hill

Grades 6-8: Inspire Science, McGraw Hill

8.4       Letters Exchanged for Negotiations (Information Item)

  1. USD 234 Letter
  2. FSKNEA Letter

8.5       Contract for Occupational Therapy Services with Outreach Occupational Therapy, LLC                  for the 2023-24 School Year          (Action Item)

8.6       Premium Pay Rates for 2022-23 and 2023-24 (Action Item)

 

9.0       Public Forum

10.0     Other Business – Negotiations

10.1     Enter Executive Session – Negotiations (Action Item)

10.2     Exit Executive Session

 

11.0     Other Business – Personnel Matters

11.1     Enter Executive Session – Personnel Matters (Action Item)

11.2     Exit Executive Session

11.3     Approval of Personnel Report (Action Item)

11.4     Approval of Personnel Report – Reemployment Certified & Special Services Personnel                  2023-24 (Action Item)

11.5     Approval of Personnel Report – Part-Time Speech Language Pathologist 2023-24

             (Action Item)

11.6     Approval of Personnel Report – Reemployment Certified Personnel 2023-24 (Action Item)

 

12.0     Adjourn Meeting

                        Vice-President Barrows

 

FS City Commission Minutes of March 21

CITY OF FORT SCOTT

CITY COMMISSION MEETING

 

Minutes of March 21, 2023                                     Regular Meeting

 

The regular meeting of the Fort Scott City Commission was held March 21, 2023 at 6:00 p.m. in the City Commission Meeting Room at City Hall, 123 S. Main Street, Fort Scott, Kansas.

 

ROLL CALL:

Commissioners J. Jones, T. Van Hoecke, K. Harrington, were present with Mayor M. Wells.  E. Woellhof was absent.

 

FLAG SALUTE AND INVOCATION:  M. Wells, said a prayer asking God for guidance for the City, our Government and City officials.

 

AUDIENCE IN ATTENDANCE:  Brad Matkin/City Manager, Bob Farmer/City Attorney, Ben Hart/BakerTilly Financial, Lisa Lewis/City Clerk, Police Chief Jason Pickert, Scott Flater/WWTP Director, Jason Dickman/Earles Engineering, Pete Earles/Earles Engineering, Doug Guns/Facilities Director, Thomas Russell/Codes Enforcement, yMichael Clancy/RenoDry, Doug McKinney/AMS, Jimmy Pleasant/AMS, Shawn Davies, Ryan Born, John Carrier, Michael J. Hoyt, Pete Allen.

 

AMENDMENTS TO AGENDA:

  1. Jones moved to approve the march 23, 2023 agenda as submitted. T. VanHoecke seconded. All voted aye.

 

APPROVED THE MARCH 23, 2023 AGENDA AS SUBMITTED.

 

CONSENT AGENDA:

 

  1. Approval of minutes of the regular meeting of March 7, 2023, and special meeting of March 13, 2023.

 

  1. Approval of Appropriation Ordinance 1332-A totaling $321,703.00

 

  1. Request to Pay – J. Richardson Construction – 17th & Eddy Stormwater Improvements – $12,274.30

 

  1. February Financials

 

  1. Jones moved to approve the Consent Agenda. K. Harrington seconded. All voted aye.

 

APPROVED THE CONSENT AGENDA.

 

PUBLIC COMMENTS:  None

 

OLD BUSINESS:

  1. Sludge Removal Update: AMS and Scott Flater/WWTP Director – Scott Flater address the Commission with an update on progression at the Waste Water Treatment Plant. He stated that on November 4 (or 5), 2022, they began treatment with microbes. On September 19, 2022, a sludge judging, to measure the depth of the sludge, was performed prior to treatment. The average measurements were as follows: Cell#1 – 77.83”, Cell#2 – 25”, Cell#3 – 24”. December 20, 2022 (5 or 6 weeks after the addition of microbes) Cell#1 – 33.54”, Cell#2 – 12.3”, Cell#3 – 14.06”.  January 6, 2023 – Cell#1 – 23.21”, Cell#2 – 12.70”, Cell#3 – 10.06”. Microbes are added daily and the lagoons are stirred. The last sludge judge was done on March 15, 2023 – Cell#1 – 20.0”, Cell#2 – 9.00”, Cell#3 – 4.00”.
  2. VanHoecke questioned the high concentration levels of BOD, COD and TSS over the past few months. T. VanHoecke is concerned about how the elevated numbers are affecting the work that AMS is doing if the customer dropping off loads is not helping to reduce the volume and potency. S. Flater stated that it seriously impedes the process.

 

Discussion was had about the sludge judge numbers, the process the company uses to dump the product, test results, and increase in the number of loads from the customer. It was also discussed what has happened so far to address the backslide and what is Fort Scott doing or not doing to handle the issue.

 

  1. Flater stated that it is not a matter of what we’re not doing, it is a matter of what they’re not doing. T. VanHoecke stated his concern about having issues with KDHE. S. Flater stated there are issues. He explained how the system works. He stated that seven (7) out of the last (12) months we have exceeded the permit with KDHE due to the issues being addressed.

 

  1. VanHoecke stated that prior to S. Flater taking the position, there had been plans to have the customer help reduce the issues with corrective action, but he had not received any of that information.

 

  1. Matkin stated that he was told in a meeting that the customer was treating the water over there, they were trying to recycle some of the chemicals that are in their waste such as glycerin. B. Matkin stated that they must start working on their end to help themselves and to help us. He stated that they had no action plan to share.

 

  1. Wells asked S. Flater what he believes should be done. S. Flater stated that in his opinion, in the present state of conditions, it is not a sustainable relationship. He stated that he understands we want to stay in the relationship, but things must change. He stated a letter was sent and nothing was done about it and there was no follow-up, there was no response to the letter.

 

Doug McKinney addressed the Commission on behalf of Advanced Microbial Solutions (AMS) to answer questions and give a point of view from his perspective. He stated that his company is “the boots on the ground” and they do have concerns. He stated that the information he received from the officials in the beginning was verbal. He said it was his understanding that there was 45 to 90,000 additional gallons of industrial sludge coming into the plant.  He said that the point we are at now, the smell will be back. He stated that AMS removed 51” of sludge from Cell#1 in a timely manner. He stated they should have been done by February. He explained how the system was intended to work, the issues they are encountering now and what is happening with the sludge. He began seeing a problem on January 16, 2023. He stated that they were monitoring the issue and expediting their efforts, but the efforts were going backwards. He stated that they saw a difference in the composition of the sludge. It is very pasty and gritty, and it should be slimy. He stated that while he was on site, he observed more trucks coming in and contacted S. Flater. It was calculated that more industrial sludge was being dumped than was calculated for treatment.  D. McKinney stated that had he had the proper numbers, AMS would be doing something different to handle this lagoon system. He believed that AMS has already removed 150% of what they had agreed to do.  He feels they have gone above and beyond and would like to know what the next move will be. He stated that ADM is bringing in twice as many loads and that is increasing the capacity. He stated they can help but in a different way, not in its current state.  He also said that it is his belief that if AMS stopped treating, the situation would be back within 90 days.  D. McKinney proposed to the Commission to pay AMS for what they have done, regroup and help Ft. Scott find a solution to addressing the industrial sludge.

 

  1. Wells asked D. McKinney for his approach to the problem. D. McKinney stated that he would start by taking a sample from the truck, determine the load amount, go back to the table with ADM, get additional equipment installed and a new plan in place. He stated that if it is glycerin in the sludge, that makes a huge difference in rectifying the situation. He stated it is imperative to know what they are dealing with regarding the sludge.

 

Further discussion was had about the goal of the contract and the current situation of the lagoons.

 

  1. Jones directed B. Matkin to arrange a special meeting with ADM and the Commission.

 

  1. VanHoecke stated that he would like to see ADM take action to help the relationship remain between the City and ADM.

 

Pete Earles addressed the Commission regarding the lagoons. He stated that the lagoons operate on three (3) things, air, temperature and time. He explained that winter temperatures have affected the microbes and the aeration system installed has not been turned on yet.  P. Earles stated that AMS did not sample the sludge which can contain biological and non-biologically treatable materials. This lagoon is an overflow that receives stormwater which contains clay, rocks and silt that goes in to the lagoon.  He stated that possibly the sludge is gritty because it contains non-biodegradable materials. He stated that AMS cannot say they can remove all of the sludge when they do not know what is in it. He stated that we had a different lab sample and the high level results are what started the process to make AMS pay for what they were truly sending. He stated that the worst thing you can do with a tank system treatment plant is slug it, and that’s what we are doing.

 

APPEARANCES: 

 

  1. Pat Bishop – Land Bank Manager – Introduction and Annual Report:
  2. Bishop distributed an annual report for the Fort Scott Land Bank. He reported that the current inventory is forty-seven (47) properties in Fort Scott that were acquired from the two (2) foreclosure sales in the past year and two (2) additional properties have been acquired by donation. He stated that most are vacant and eight (8) or nine (9) have a structure. P. Bishop stated that as Land Bank Manager it is his job to get these properties ready for sale or transfer. He stated that anyone interested in the properties should contact him or any member of the Board to begin the application process.

 

  1. Shane Lamb and Susan Galemore/SEKEDC: Consideration of Resolution No. 6-2023. A RESOLUTION TO SUPPORT KANSAS HOUSING INVESTORS TAX CREDIT APPLICATION BY RURAL REDEVELOPMENT GROUP LLC FOR DEVELOPMENT OF RENTAL HOUSING LOCATED AT 736 S. HEYLMAN, FORT SCOTT, KANSAS.

 

  1. Lamb stated he acquired the Old Fort Scott Manner property. His goal is to convert the property into nineteen (19) fair-market rental units with a mix of one (1) and two (2) bedroom apartments.

 

  1. Jones confirmed S. Lamb had previously addressed the Commission. S. Lamb stated that he has a pending assessment waiver.

 

  1. Harrington questioned the status of that issue. Discussion was had about the status of his progress. S. Galemore stated that his progress was dependent on this tax benefit program which requires approval of the submitted resolution stating that the City supports the project.

 

  1. VanHoecke questioned the time frame of the project. S. Galemore stated that the application is due February 17th, (2023) with an award date of mid-March (2023). She stated that there is a qualification process for the project before it can begin. S. Lamb stated that his timeframe was eighteen (18) months.

 

  1. Harrington stated that approving the resolution would allow S. Lamb to move forward with his project to request state income tax credits.

 

Further discussion was had about S. Lamb’s previous appearance regarding this property.  J. Jones asked R. Harrington about the ramifications of the project not being completed.  R. Harrington stated that the tax credits were given upon completion of the project.  S. Galemore explained the program as it relates to Senate Bill 2237 and the follow through process. She also explained that multiple developers cannot make multiple applications, funds are limited, and it is highly competitive but other developers can apply for additional tax credits.

 

  1. Harrington moved to approve Resolution No. 6-2023. A RESOLUTION TO SUPPORT KANSAS HOUSING INVESTORS TAX CREDIT APPLICATION BY RURAL REDEVELOPMENT GROUP LLC FOR DEVELOPMENT OF RENTAL HOUSING LOCATED AT 736 S. HEYLMAN, FORT SCOTT, KANSAS. J. Jones seconded. All voted aye.

 

APPROVED Resolution No. 6-2023. A RESOLUTION TO SUPPORT KANSAS HOUSING INVESTORS TAX CREDIT APPLICATION BY RURAL REDEVELOPMENT GROUP LLC FOR DEVELOPMENT OF RENTAL HOUSING LOCATED AT 736 S. HEYLMAN, FORT SCOTT, KANSAS.

 

  1. Justin Pregont regarding the Van Fossen Apartment Project: Consideration of Resolution No. 4-2023 – A RESOLUTION OF SUPPORT FOR THE SUBMISSION OF THE MODERATE-INCOME HOUSING GRANT APPLICATION FOR THE DEVELOPMENT OF CERTAIN HOUSING WITHIN THE CITY OF FORT SCOTT, KANSAS TO ACCOMPANY THE GRANT APPLICATION TO THE KANSAS HOUSING RESOURCES CORPORATION

 

Consideration of Resolution No. 5-2023 – A RESOLUTION OF SUPPORT FOR THE ADVANCEMENT OF A RURAL HOUSING INCENTIVE DISTRICT (RHID) AND AN INDUSTRIAL REVENUE BOND (IRB) ISSUE IN SUPPORT OF THE VANFOSSEN APARTMENTS PROJECT TO BE LOCATED AT 19 S. MAIN AND 23 S. MAIN IN DOWNTOWN FORT SCOTT, KANSAS

 

  1. Pregont stated this was his second appearance before the Commission regarding the building at 9 S. Main. He is pursuing a project he calls the Van Fossen Apartments. It is a sixteen (16) unit adaptive reuse and historic preservation project approximately 16,000 square feet of the second and third floors of the Van Fossen building at 23 S. Main as well as a comprehensive renovation of the second floor of 19 S. Main. He is seeking the Commission’s approval to apply for $1,375,000.00 in the AARPA category of the Moderate-Income Housing (MIH) Grant. He stated that the City’s responsibility is administrative because the checks that come from the Kansas Highway Resource Corporation must flow through a local government sponsor. He explained the process that he followed with similar projects he has done in the past. He stated that he is the sponsor, he is responsible for carrying it through to completion and he is responsible for the compliance but the funds flow through the City.

 

Commissioners asked questions of the City Attorney and J. Pregont was answered.

 

  1. Harrington stated that J. Pregont is asking for a zero-dollar IRB for sales tax exemption on the purchases he makes. He also stated that the federal government and the state would pursue him if he failed to complete the project.

 

  1. VanHoecke moved to approve Resolution No. 4-2023 – A RESOLUTION OF SUPPORT FOR THE SUBMISSION OF THE MODERATE-INCOME HOUSING GRANT APPLICATION FOR THE DEVELOPMENT OF CERTAIN HOUSING WITHIN THE CITY OF FORT SCOTT, KANSAS TO ACCOMPANY THE GRANT APPLICATION TO THE KANSAS HOUSING RESOURCES CORPORATION. K. Harrington seconded. All voted aye.

 

APPROVED RESOLUTION NO. 4-2023 – A RESOLUTION OF SUPPORT FOR THE SUBMISSION OF THE MODERATE-INCOME HOUSING GRANT APPLICATION FOR THE DEVELOPMENT OF CERTAIN HOUSING WITHIN THE CITY OF FORT SCOTT, KANSAS TO ACCOMPANY THE GRANT APPLICATION TO THE KANSAS HOUSING RESOURCES CORPORATION.

 

  1. VanHoecke moved to approve Resolution No. 5-2023 – A RESOLUTION OF SUPPORT FOR THE ADVANCEMENT OF A RURAL HOUSING INCENTIVE DISTRICT (RHID) AND AN INDUSTRIAL REVENUE BOND (IRB) ISSUE IN SUPPORT OF THE VANFOSSEN APARTMENTS PROJECT TO BE LOCATED AT 19 S. MAIN AND 23 S. MAIN IN DOWNTOWN FORT SCOTT, KANSAS. K. Harrington seconded. All voted aye.

 

APPROVED RESOLUTION NO. 5-2023 – A RESOLUTION OF SUPPORT FOR THE ADVANCEMENT OF A RURAL HOUSING INCENTIVE DISTRICT (RHID) AND AN INDUSTRIAL REVENUE BOND (IRB) ISSUE IN SUPPORT OF THE VANFOSSEN APARTMENTS PROJECT TO BE LOCATED AT 19 S. MAIN AND 23 S. MAIN IN DOWNTOWN FORT SCOTT, KANSAS.

 

  1. Proposal of Pocket Neighborhood – Patrick Wood
  2. Wood distributed handouts of a Pocket Neighborhood that he is proposing at 1907 Huntington. He purchased the property in 2018. He described that he planned to put in ten (10) houses on four (4) lots with one central green area which promotes a sense of community and security. They are four (4) one (1)- bedroom, three (3) two (2)-bedroom, and three (3)-bedroom, handicap accessible individual rental units. Currently they are planned to be stick build on site, but he is looking into other options. The zoning is appropriate for the project. The plan is to be completed within a year to 18 months. R. Harrington stated that REDI is excited about this project as well as the VanFossen Apartments project and recommends that the Commission approves the proposal. R. Harrington stated that P. Wood does not have the resolution he needs from him. Therefore, he is requesting that the Commission come back in a special meeting to approve the resolution because the application is due on February 17, 2023.

 

ITEM TABLED UNTIL THE SPECIAL MEETING OF FEBRUARY 14, 2023.

 

PUBLIC HEARING:

 

  1. VanHoecke moved to open the Public Hearing for Petitioner Robert Lembcke of 2010 E. 3rd Street, Fort Scott, to vacate the roadway easement on Barteau Street between 3rd Street and 4th Street – Property described as: APPROXIMATELY 300’ X 60’ OF BARTEAU STREET LYING BETWEEN LOTS 1-13 BLOCK 16 AND LOTS 2-14 BLOCK 17 MCMILLAN’S ADDITION TO THE CITY OF FORT SCOTT KANSAS. J. Jones seconded. All voted aye.

 

APPROVED TO OPEN THE PUBLIC HEARING FOR PETITIONER ROBERT LEMBCKE OF 2010 E. 3RD STREET, FORT SCOTT, TO VACATE THE ROADWAY EASEMENT ON BARTEAU STREET BETWEEN 3RD STREET AND 4TH STREET – PROPERTY DESCRIBED AS: APPROXIMATELY 300’ X 60’ OF BARTEAU STREET LYING BETWEEN LOTS 1-13 BLOCK 16 AND LOTS 2-14 BLOCK 17 MCMILLAN’S ADDITION TO THE CITY OF FORT SCOTT KANSAS.

 

Thomas Russel/Codes Enforcement, stated that part of Mr. Lembcke’s garage is already in this easement. Both neighbors who are affected agree with the petition.  T. Russel, B. Matkin and Chief T. Shelton stated they do not have concerns.

 

  1. VanHoecke moved to close the public hearing. J. Jones seconded. All voted aye.

 

APPROVED TO CLOSE THE PUBLIC HEARING FOR PETITIONER ROBERT LEMBCKE OF 2010 E. 3RD STREET, FORT SCOTT, TO VACATE THE ROADWAY EASEMENT ON BARTEAU STREET BETWEEN 3RD STREET AND 4TH STREET – PROPERTY DESCRIBED AS: APPROXIMATELY 300’ X 60’ OF BARTEAU STREET LYING BETWEEN LOTS 1-13 BLOCK 16 AND LOTS 2-14 BLOCK 17 MCMILLAN’S ADDITION TO THE CITY OF FORT SCOTT KANSAS.

 

  1. VanHoecke moved to approve the petition by Robert Lembcke of 2010 E. 3rd Street, Fort Scott, to vacate the roadway easement on Barteau Street between 3rd Street and 4th Street – Property described as: APPROXIMATELY 300’ X 60’ OF BARTEAU STREET LYING BETWEEN LOTS 1-13 BLOCK 16 AND LOTS 2-14 BLOCK 17 MCMILLAN’S ADDITION TO THE CITY OF FORT SCOTT KANSAS. J. Jones seconded.  T.VanHoecke, J. Jones, E. Woellhof, K. Harrington voted aye.  M. Wells voted nay.

 

APPROVED THE PETITION BY ROBERT LEMBCKE OF 2010 E. 3RD STREET, FORT SCOTT, TO VACATE THE ROADWAY EASEMENT ON BARTEAU STREET BETWEEN 3RD STREET AND 4TH STREET – PROPERTY DESCRIBED AS: APPROXIMATELY 300’ X 60’ OF BARTEAU STREET LYING BETWEEN LOTS 1-13 BLOCK 16 AND LOTS 2-14 BLOCK 17 MCMILLAN’S ADDITION TO THE CITY OF FORT SCOTT KANSAS.

 

NEW BUSINESS:

 

  1. Consideration to publish for Request for Proposals for Ground Lease – B. Matkin explained this was the yearly lease program for the land by the Wastewater Treatment Plant. It is done every year and we the consider accepting the highest bidder.

 

  1. Jones moved to publish for Request for Proposals for Ground Lease by the Wastewater Treatment Plant. K. Harrington seconded. All voted aye.

 

APPROVED TO PUBLISH FOR REQUEST FOR PROPOSALS FOR GROUND LEASE BY THE WATERWASTER TREATMENT PLANT.

 

  1. Consideration to go out for bids for 2023 Mowing Season – B. Matkin explained this was the yearly bid for contract mowing of properties in the Land Bank or Code Violations. He would like to suggest that the Commission consider asking for three (3)-year contract bids.

 

  1. Wells stated that he would like to see it move to a three (3)-year contract.

 

  1. Jones stated that he would like to see both one (1)-year and three (3)-year bids and then the Commission has options.

 

  1. Jones and T. VanHoecke would like to see the Land Bank piggyback off of this agreement.

 

  1. Jones moved to go out for one (1)-year and three (3)-year moving bids for the 2023 mowing season. Bids will be due March 17th, 2023. K. Harrington seconded.

 

  1. Jones directed B. Matkin to speak with P. Bishop about the Land Bank agreement.

 

All voted aye.

 

APPROVED TO GO OUT FOR ONE (1)-YEAR AND THREE (3)-YEAR MOVING BIDS FOR THE 2023 MOWING SEASON. BIDS WILL BE DUE MARCH 17TH, 2023.

 

  1. Consideration to apply for Grant Project for Automatic External Defibrillator to be placed at City Hall, Buck Run, Fire Department, Airport, Golf Course, Public Works, and Memorial Hall – Dave Bruner: D. Bruner answered questions from Commissioners regarding the number of defibrillators, their planned locations maintenance, brands being considered and training. He is asking permission from the Commission to seek out opportunities. If there are matching opportunities, he will bring those back to the Commission’s approval.

 

  1. Harrington moved to apply for Grant Project for Automatic External Defibrillator to be placed at City Hall, Buck Run, Fire Department, Airport, Golf Course, Public Works, and Memorial Hall. T. VanHoecke seconded. All voted aye.

 

APPROVED TO APPLY FOR GRANT PROJECT FOR AUTOMATIC EXTERNAL DEFIBRILLATOR TO BE PLACED AT CITY HALL, BUCK RUN, FIRE DEPARTMENT, AIRPORT, GOLF COURSE, PUBLIC WORKS, AND MEMORIAL HALL.

 

  1. Consideration to apply for an Assistance to Firefighters Grant to replace the Exhaust Removal Systems within truck bay areas of Fire Station 1 and Fire Station 2 – Dave Bruner: D. Bruner stated that they have systems that are outdated and cannot get replacement parts for any longer. He stated it will be approximately $150,000.00. Fort Scott qualifies for the 95/5 Matching Grant so the City would be responsible for approximately $7,500.00.  He stated that it is a tough process for this grant, and he is not positive they will be awarded. If not, he will find another for next year.

 

  1. Jones moved to grant permission to apply for an Assistance to Firefighters Grant to replace the Exhaust Removal Systems within truck bay areas of Fire Station 1 and Fire Station 2. K. Harrington seconded. All voted aye.

 

APPROVED TO GRANT PERMISSION TO APPLY FOR AN ASSISTANCE TO FIREFIGHTERS GRANT TO REPLACE THE EXHAUST REMOVAL SYSTEMS WITHIN TRUCK BAY AREAS OF FIRE STATION 1 AND FIRE STATION 2.

 

It was agreed by the Commission, through discussion, that in the future, if the application for a grant did not require the Commission’s approval and it was under the budget impact of the City Manager, the item could move forward without appearing before the Commission.

 

  1. Consideration to go out for RFPs for the Cape Seal Program for 2023: Discussion was had about where the Cape Seal would be applied.  B. Matkin was directed by M. Wells to make changes to the program and have it ready for the special meeting on February 14, 2023.

 

CONSIDERATION TABLED TO FEBRUARY 14, 2023, SPECIAL MEETING.

 

  1. Brick Crew Justification:
  2. Matkin would like the Commission to consider hiring a Utility Street Repair Crew consisting of a three (3)-person crew. $120,000.00 a year would be used to fund the crew and it would be taken from three (3) GL’s: Streets, Wastewater and Water Distribution. Their focus would be repairing street cuts, but they would do other things as needed.

 

  1. Hart confirmed that the funds were available for this crew.

 

  1. VanHoecke moved to approve a three (3)-person Utility Street Repair Crew consisting based on BakerTilly’s recommendation of funding and the City Manager’s justification for need. K. Harrington seconded. All voted aye.

 

APPROVED A THREE (3)-PERSON UTILITY STREET REPAIR CREW CONSISTING BASED ON BAKERTILLY’S RECOMMENDATION OF FUNDING AND THE CITY MANAGER’S JUSTIFICATION FOR NEED.

 

  1. Harrington asked the group of Nursing Students from Pitt State who came to the Commission meeting to introduce themselves. Maddy Morris, Sarah Coffman, McKenzie Hughes and Leia Shaffer stated that they were here to observe the meeting and do a community assessment as a class assignment. They thanked the Commission for allowing them to observe and speak with citizens and they enjoyed visiting Fort Scott.

 

  1. Consideration of removing the “Interim” from Interim City Manager title:
  2. VanHoecke motioned to move into Executive Session for the purpose of discussing personnel matters pursuant to the personnel matters of non-elected personnel exception in K.S.A. 75-4319(b)(1). In the meeting will be five (5) City Commissioners, City Attorney and Jeff Hancock for 15 minutes. The open meeting will resume in the Commission Meeting Room at 8:32PM. J. Jones seconded. All voted aye.

 

APPROVED TO MOVE IN TO EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING PERSONNEL MATTERS PURSUANT TO THE PERSONNEL MATTERS OF NON-ELECTED PERSONNEL EXCEPTION IN K.S.A. 75-4319(B)(1). IN THE MEETING WILL BE FIVE (5) CITY COMMISSIONERS, CITY ATTORNEY AND JEFF HANCOCK FOR 15 MINUTES. THE OPEN MEETING WILL RESUME IN THE COMMISSION MEETING ROOM AT 8:32PM.

 

  1. VanHoecke motioned to come out of Executive Session at 8:32PM with action. K. Harrington seconded. All voted aye.

 

APPROVED TO COME OUT OF EXECUTIVE SESSION AT 8:32PM WITH ACTION.

 

  1. VanHoecke motioned that the Commission will begin contract negotiations with Brad Matkin to move from title of Interim City Manager to active full-time City Manager and that he work on the negotiation with City Attorney Bob Farmer to be present back to the Commissioners for approval. He will remain on his current contract and the severance of fifteen (15) days’ notice and that we maintain BakerTilly to work with Brad at this time until such time deemed not necessary to ensure B. Matkin’s success. K. Harrington seconded. All voted aye.

 

  1. Wells directed J. Hancock to move forward with the facilitation of the performance evaluation.

 

APPROVED THAT THE COMMISSION WILL BEGIN CONTRACT NEGOTIATIONS WITH BRAD MATKIN TO MOVE FROM TITLE OF INTERIM CITY MANAGER TO ACTIVE FULL-TIME CITY MANAGER AND THAT HE WORK ON THE NEGOTIATION WITH CITY ATTORNEY BOB FARMER TO BE PRESENT BACK TO THE COMMISSIONERS FOR APPROVAL. HE WILL REMAIN ON HIS CURRENT CONTRACT AND THE SEVERANCE OF FIFTEEN (15) DAYS’ NOTICE AND THAT WE MAINTAIN BAKERTILLY TO WORK WITH BRAD AT THIS TIME UNTIL SUCH TIME DEEMED NOT NECESSARY TO ENSURE B. MATKIN’S SUCCESS.

 

 

REPORTS AND COMMENTS:

 

Interim City Manager: B. Matkin thanked the Commission for their consideration and moving forward on his title.

 

  1. RenoDry: The report is complete, suggests having Michael Clancy return to answer questions but would also like to explore other options and consider doing the outside as well as the inside. Brad will contact Michael Clancy.

 

  1. School Crosswalk Light on National Ave: got three (3) bids ranging from $6,000.00 to $8,500.00. B. Matkin will check on grants.

 

  1. Sidewalk and Curb Reimbursement Program: City Hall was told we no longer did this.  B. Hart told B. Matkin that there are funds to bring the program back.  T. VanHoecke would like to discuss it further before deciding.

 

  1. Demolition Budget: There is $50,000.00 in the budget but also $22,000.00 for carryover but does not include bids already in play.

 

  1. Audio-visual Equipment for Commission Room: E. Woellhof retrieved a quote that is over our budget. We still have a quote of $8,000.00 for speakers and hard-wired microphones and required equipment and installation. To add two cameras to the package the total would be $12,000.00. Discussion was had about how the equipment would be placed. It was agreed upon to purchase the audio equipment and the two (2) cameras, two (2) speakers and twelve (12) microphones for $12,000.00. B. Matkin has the three (3) bids for the budget impact requirements.

 

  1. Jones moved to purchase the audio-visual package for $13,000.00 which included two (2) speakers, two (2) cameras and twelve (12) hard-wired microphones.

 

  1. Harrington asked to see the other two (2) bids before voting. Motion struck and item tabled until the special meeting on February 14, 2023.

 

  1. Downtown Parking ideas: B. Matkin introduced his idea for increased parking on Wall Street with angled one-way parking. He will be discussing it with business owners. Discussion was had on traffic and the one-way parking.

 

Engineering:  J. Dickman updated the Commission that he received an approval letter for the Waterline Extension, need to decide when to go out for bids. He will start writing the bid.

 

Wastewater Treatment Plant:  Peter Earles met with Scott Flater.  P. Earles would like to get on the next agenda to bring items to the Commission.

 

17th and Eddy:  Waiting for contact from ATT.

 

Gunn Park Shower House and Bathroom:  Currently working on a bid package.

 

Downtown Parking:  Gave comments on stall sizes and stated they were laid out at 9 feet. Handicapped parking stalls were discussed.

 

COMMISSIONERS’ COMMENTS:

 

  1. Jones – Status of Member of the Week – B. Matkin stated not implemented yet. Production time sheets – B. Matkin stated that we are doing project time sheets. Action in Progress Plan – want report on cart path repairs, roof on shop by Hole 16, edge outfield of LaRoche, Gunn Park Gazebo. B. Matkin stated the gazebo was discussed at the Parks Advisory Board meeting.

 

  1. Jones moved to have Norm Mackley use his best judgement to determine whether to fix or remove the gazebo at Gunn Park. He is to remove it if necessary. If he determines it can be fixed, he is to bring a plan back to the Commission for approval. K. Harrington seconded. All voted aye.

 

APPROVED TO HAVE NORM MACKLEY USE HIS BEST JUDGEMENT TO DETERMINE WHETHER TO FIX OR REMOVE THE GAZEBO AT GUNN PARK.

HE IS TO REMOVE IT IF NECESSARY. IF HE DETERMINES IT CAN BE FIXED, HE IS TO BRING A PLAN BACK TO THE COMMISSION FOR APPROVAL.

 

Discussion was had on the condition of the Lion’s Den at Gunn Park.

 

  1. Jones asked J. Dickman if the Car Wash Meter had been set. B. Matkin stated he would ask B. Lemke for status.

 

UTV Ordinance language to be cleaned up.  B. Matkin clarified that the vehicle was to be inspected once to obtain the City license and if it changes ownership.

Discussion was had about the Golf Cart Ordinance changes previously made.

 

Seriously consider Golf Course Marshall for Saturday and Sunday.  B. Matkin stated he needs to find out what is legal compensation.

 

  1. VanHoecke expressed concern about not seeing Management present at the weekend and the Rules sign not being visible.

 

More discussion was had about the golf course topics.

 

  1. VanHoecke – follow up discussion on alley marking by Common Ground, US-69 traffic lights update, interested in going through Codes procedures with City Attorney, M. Wells is interested in helping, congratulations to the new Police Chief.

 

  1. Harrington – Boat ramp at Lake Fort Scott will be closed until the 20th. Shelter house repairs are still in progress, congratulations to Kate and Trent with their ribbon cutting event, Pinewood Derby, Chocolate Crawl, and the Illusionist.

 

  1. Woellhof – comments were inaudible.

 

  1. Wells – Possible to set up AB3 storage spots next to Public Works and one in another location for efficiency, Department Heads come to Commission meeting and give reports on a set cycle. Track our crews with app on phone. Concern about staff not being present at the airport on Sundays – B. Matkin stated that someone is always on call.

 

City Attorney Comments: None.

 

Adjournment:

  1. VanHoecke moved to adjourn at 9:24 PM. J. Jones seconded. All voted aye.

 

ADJOURNED MEETING AT 9:24 P.M.

 

Respectfully submitted,

 

Lisa Lewis

City Clerk

Air Quality Advisory Issued for the Flint Hill Region

Air Quality Advisory Issued for Parts of the Flint Hill Region Due to Seasonal Burning

TOPEKA – The Kansas Department of Health and Environment (KDHE) is issuing an air quality advisory for the Flint Hill region, through Manhattan toward Nebraska.

KDHE activated the Kansas smoke modeling tool on March 1, prior to widespread burning in the Flint Hills. The computer models use fire data and current weather conditions to predict the potential contribution of smoke to downwind air quality problems.

Modeling has predicted conditions will worsen because of existing smoke combined with weather inversion patterns starting at 10 p.m. – 10 a.m. with a brief reprieve possible between noon and 5 p.m. and may continue for several days. The advisory took effect on April 7 for central and north-central counties in Kansas due to smoke from the Flint Hill seasonal burning between Topeka, Manhattan, and Salina, Kansas. When human health impacts are reduced, KDHE will rescind the advisory.

KDHE reminds Kansans that March and April are when large areas of the state’s rangelands are burned, especially within the Flint Hills. These burns help preserve the tallgrass prairie ecosystem, control invasive species, reduce woody encroachment from species such as Eastern Red Cedar, and provide better forage for cattle. Prescribed burning also reduces the risk of wildfires and effectively manages rangeland resources. Smoke from the burns can influence the air quality of downwind areas.

Smoke management techniques are vital to reduce air quality and health impacts for the most vulnerable individuals, including those with respiratory issues, pre-existing heart or lung diseases, children, and the elderly.

“Because air quality levels can change quickly, we are asking people to remain vigilant,” Doug Watson, meteorologist, said. “Prescribed burns release large amounts of particulate matter and other pollutants that can form ozone. Particulate matter and ozone can cause health problems, even in healthy individuals.”

Common health problems include burning eyes, runny nose, coughing, and illnesses such as bronchitis.

If individuals live or have activities near these areas, they can take these steps to protect themselves when smoke is present:

  • Healthy people should limit or avoid strenuous outdoor exercise.
  • More vulnerable people should remain indoors.
  • Help keep indoor air clean by closing doors and windows and running air conditioners with air filters.
  • Stay hydrated by drinking lots of water.
  • Contact their doctor for symptoms such as chest pain, chest tightness, shortness of breath, or severe fatigue.

For more information about the burning in the Flint Hills, the Flint Hills Smoke Management Plan, April burn restrictions, and the smoke modeling tool, please visit http://ksfire.org.

Proposed Regulations for Retail Food Establishments Hearing is April 17

A public hearing will be conducted at 1:00 p.m. on Monday, April 17, 2023, to consider the adoption of proposed revisions to the regulatory requirements for retail food establishments. The hearing will be held in person at the Kansas Department of Agriculture at 1320 Research Park Dr. in Manhattan, as well as via video conferencing system.

KDA is proposing revisions to K.A.R. 4-28-8 to update the regulatory requirements for retail food establishments contained in the Kansas Food Code. The Kansas Food Code sets food safety standards for Kansas retail food establishments, and the current regulatory requirements have not been updated since 2012. These proposed regulatory revisions are based on the Model Food Code currently used by the U.S. Food and Drug Administration, which was adopted in 2017.

The proposed revisions include amendments to several sections of the Kansas Food Code. These changes will provide some clarity to food safety requirements and enhance safety practices in retail food establishments. They will also provide uniformity between the requirements imposed on retail food establishments in Kansas and other states.

KDA uses the public hearing and comment process to improve decisions, and appreciates public participation in the process. A copy of the updated Kansas Food Code, the expanded notice of public hearing (including a brief overview of the substantive revisions), and the economic impact statement may be accessed on the KDA website at agriculture.ks.gov/PublicComment. Anyone desiring to participate via video conference must pre-register at that page to be provided with a video link. Written comments can be submitted on the public comment web page prior to the hearing or sent to the Kansas Department of Agriculture, 1320 Research Park Dr., Manhattan, KS 66502.

Any individual with a disability may request accommodation in order to participate in the public hearing and may request a copy of the regulation in an accessible format. Persons who require special accommodations must make their needs known at least two working days prior to the hearing. For more information, including special accommodations or a copy of the regulation, please contact Ronda Hutton at 785-564-6715 or [email protected].

###

Hearing for Proposed Revisions to Kansas Food Code.pdf


Electric Vehicle Charging Infrastructure Projects Funds Available

KDOT announces Call for Projects for EV infrastructure

TOPEKA – The Kansas Department of Transportation announces a Call for Projects for Electric Vehicle (EV) charging infrastructure projects in advance of applications being accepted for these projects across the state.

An estimated $14 million in National Electric Vehicle Infrastructure (NEVI) Formula funds are available to award for DC fast charging projects along federally designated EV Charging Corridors in Kansas. Additional funding also will be available to support community charging and other EV charging projects. All awarded projects will be required to meet a minimum 20% local cash match.

A Call for Projects first requires a project concept form be submitted to KDOT before the application process begins.

“This allows KDOT to provide feedback on eligibility and direct project sponsors to potential funding opportunities for the proposed project,” said Tami Alexander, KDOT Transportation Electrification Manager. “Evaluation and feedback on project concepts allows sponsors to submit stronger applications and be more competitive in the process.”

KDOT will utilize various federal funding opportunities to support EV Charging Infrastructure Projects across the state. Projects could include direct current (DC) fast charging along state highways, community charging or other public EV charging projects.

A link to the Charge Up Kansas page on KDOT’s IKE website and the project concept form, along with important dates in the application process are below –

  • Call for Projects
  • Kansas EV charging Call for Projects webinars
    • Thursday, April 13, at 2 p.m. (CDT)
    • Friday, April 14, at 10 a.m. (CDT)
  • Deadline to email project concept forms – Friday, May 5
  • Project concept forms will be reviewed in May and June
  • Applications emailed from KDOT to approved sponsors – Monday, June 5
  • Application deadline – Friday, July 21
  • Applications reviewed – July and August
  • EV awards announced – September

For more information, please contact [email protected].

Uniontown City Council Agenda for April 11

04-23 Informational Items

2023 Financials – March

CALL TO ORDER AT ________ by _____________________________

ROLL CALL: 

___ Jess Ervin ___ Danea Esslinger ___ Josh Hartman ___ Amber Kelly ___ Bradley Stewart

 

SPECIAL CONSIDERATIONS/PROJECTS

Don George, Kansas Department of Wildlife, Parks and Tourism –

 

 

CITIZENS REQUESTS

 

 

FINANCIAL REPORT

Charlene Bolinger – Financial reports

 

APPROVE CONSENT AGENDA

  1. Minutes of March 14, 2023 Regular Council Meeting
  2. Treasurers Report, Monthly Transaction Report & Accounts Payables

 

DEPARTMENT REPORTS

Superintendent:  Bobby Rich

Broken rock post in park

 

Codes Enforcement:  Doug Coyan

 

 

Clerk Report:  Sally Johnson  

Resignation of Ginger Ervin

Municipal Services 2023 Budget Workshop

Grants

 

COUNCIL & COMMITTEE REPORTS

Councilman Ervin –

Councilwoman Esslinger –

Councilman Hartman –

Councilwoman Kelly –

Councilman Stewart–

Mayor Jurgensen –

 

OLD BUSINESS

Placemaking Project –

 

American Rescue Plan Act update–

 

KMGA/MMGA Prepay project –

 

Street repairs/resurfacing –

 

 

NEW BUSINESS

 

 

 

ADJOURN Time ____________ Moved by ______________, 2nd ___________________, Approved ___________

Uniontown City Council Minutes of March 14

The Regular Council Meeting on March 14, 2023 at Uniontown City Hall, was called to order at 7:10PM by Mayor Jurgensen due to lack of quorum until then.  Council members present were Jess Ervin, Danea Esslinger, Josh Hartman (7:49), and Brad Stewart.  Also in attendance for all or part of the meeting were Danny and Linda Nation (4 State Sanitation), Jason Thompson and Josh Beck (Green Environmental Services), Mary Pemberton, Matt Quick (Bourbon County Appraiser), City Attorney Chase Vaughn, City Superintendent Bobby Rich, Codes Enforcement Officer Doug Coyan, City Treasurer Charlene Bolinger, and City Clerk Sally Johnson.

 

SPECIAL CONSIDERATIONS/PROJECTS

Public Hearing for Citywide trash service – City Attorney Vaughn explained that this hearing was to select a vendor.  A proposal was presented by 4 State Sanitation and Green Environmental Services.  Review of proposals and discussion ensued.

 

Motion by Stewart, Second by Esslinger, Approved 3-1 (Ervin) to accept Green Environmental Services as the vendor to develop citywide trash service

 

Bourbon County Neighborhood Revitalization Program, Matt Quick explained the changes to the program effective January 1, 2023 and the City needs to sign a new interlocal agreement to continue participating in the program.

 

Motion by Ervin, Second by Hartman, Approved 4-0 to authorize Mayor to sign Interlocal Agreement to participate in the Bourbon County Neighborhood Revitalization Program effective, retroactively, January 1, 2023.

 

 

CITIZENS REQUEST

Mary Pemberton asked if the Ruritan could have permission to use temporary sidewalk chalk paint on sidewalks in park for summer events and to install a couple permanent tether ball poles near the basketball court.

 

Motion by Ervin, Second by Hartman, Approved 4-0 to allow use of temporary sidewalk chalk paint and install tether ball poles in park

 

She also would like to have a mural painted on the side of their building at 103 Third St.  A grant is available through the Kansas Department of Commerce but would require the city or a 501c3 non-profit to sponsor the grant.  She is asking for the City to sponsor the grant.  She would fill out the application and submit and do all paperwork for the project.

 

Motion by Ervin, Second by Esslinger, Approved 4-0 to sponsor the Kansas Department of Commerce grant application for a mural project at 103 Third St with Mary Pemberton assisting Clerk Johnson with paperwork

 

FINANCIAL REPORT

Treasurer Bolinger present the February 2023 Treasurer’s Report.  Beginning Checking Account Balance for all funds was $372,900.60, Receipts $52,647.39, Transfers Out $12,776.00, Expenditures $62,804.62, Checking Account Closing Balance $349,967.37. Bank Statement Balance $361,106.48, including Checking Account Interest of $71.94, Outstanding Deposits $997.19, Outstanding Checks $12,136.30, Reconciled Balance $349,967.37.  Water Utilities Certificates of Deposit $33,218.20, Sewer Utilities Certificate of Deposit $19,841.76, Gas Utilities Certificates of Deposit $33,494.13, Total All Funds, including Certificates of Deposit $436,521.46. Year-to-Date Interest in Checking Acct is $149.28, and Utility CDs $153.11 for a Total Year-to-Date Interest of $302.39.  Also included the status of the Projects Checking Account for the month of February 2023, Beginning Balance $0, Receipts $0, Expenditures $0, Ending Balance $0.  February Transfers from Sewer Utility Fund to Sewer Revolving Loan $1,402.00, to Capital Improvement-Streets $250.00; from Water Utility Fund to GO Water Bond & Interest $1,624.00, to Capital Improvement-Streets $750.00; from Gas Utility Fund to Capital Improvement-Streets $6,250.00; from General Fund to Capital Improvement-Streets $2,500; for Total Transfers of $12,776.00.  Net Loss for the month of February $22,933.23, Year-to-Date Net Income $6,415.40.  Budget vs Actual Gas Fund YTD Revenue $34,307.86 (21.9%), Expenditures $36,475.15 (16.2%); Sewer Fund YTD Revenue $5,771.49 (15.7%), Expenditures $4,272.23 (10.4%); Water Fund YTD Revenue $18,906.33 (15.5%), Expenditures $20,506.69 (12.8%); General Fund YTD Revenue $46,670.92 (31.2%), Expenditures $28,433.11 (15.4%); and Special Highway YTD Revenue $2,093.98 (28.1%), Expenditures $0 (0%).  The March 2023 estimated payables in the amount of $58,768.71 were presented.

 

CONSENT AGENDA

Motion by Ervin, Second by Esslinger, Approved 4-0, to approve Consent Agenda:

  • Minutes of February 14, 2023 Regular Council Meeting
  • Treasurer’s Report, Monthly Transaction Report & Accounts Payables

 

DEPARTMENT REPORTS

City Superintendent Rich asked if he should seed the area around the new public restroom.  Council said yes

 

Codes Enforcement Officer Coyan reported an accessory building permit application was received and approved.  Certified letters were sent to 404 Washington, 202 Fourth, and 308 Union.  One of the letters was not claimed but they have started on compliance.  He will follow-up on the one that has not responded.  There was discussion on other properties that need attention for debris, brush piles, etc.  He will make contact with those property owners.  He will write up something for the newsletter.

 

Clerk Johnson asked the Council to consider implementing a succession plan for City Superintendent and City Clerk positions.  Both will be retiring in the next few years.  She also requested they consider new software for fund accounting and utility billing that will be compatible with auto read meters and a link on the website to pay online.  They will have those discussions at the budget worksession in a couple months.

2023-2024 Insurance renewal quote was presented.

 

Motion by Ervin, Second by Hartman, Approved 4-0 to accept the 2023-2024 EMC insurance renewal quote of $17,513 and add the public restroom to the property coverage

 

COUNCIL REPORT

Councilman Ervin – nothing

Councilwoman Esslinger – nothing

Councilman Hartman – nothing

Councilwoman Kelly – absent

Councilman Stewart – nothing

Mayor Jurgensen – nothing

 

OLD BUSINESS

School Pond Project – Don George was here and picked up the final paperwork for submission.  It has been submitted and we received an email that it was being processed for payment.  Project came in under budget and the amount from KDWPT will be the percentage requested, not the dollar amount of the original application.

 

Placemaking Project – Clerk Johnson asked if members filled out the community perception survey which is a component of the grant requirements from Healthy Bourbon County Action Team.  Mayor Jurgensen is still working on convening a committee to recommend exercise equipment.

 

American Rescue Plan Act update – the bathroom upgrade is finished and came in under budget.  We expended $19,135 of the $40,288.82 of the ARPA funds and the $5,000 grant from Bourbon County REDI.  Clerk Johnson would like the can lighting added to the Clerk’s office and Mayor Jurgensen would like mini blinds on the west windows of the community center.  The remaining $21,153.82 will be discussed at budget worksession.

 

Motion by Ervin, Second by Hartman, Approved 4-0 to give Clerk permission to have can lighting installed in Clerk’s office and get mini blinds for the west windows of the Community Center

 

KMGA/MMGA Prepay project – legal counsel has approved the ordinance to authorize participation and the participation agreement.

 

Motion by Hartman, Second by Ervin, Approved 4-0 to adopt Ordinance No. 200 an Ordinance authorizing execution of the Natural Gas Prepay Participation Agreement with the Kansas Municipal Gas Agency and all other necessary documents with respect thereto and providing for the pledge of the revenues of the natural gas utility system of the city to secure such agreement and authorize the Mayor to sign documents

 

NEW BUSINESS

None

 

Mayor Jurgensen started a discussion on street repair planning for this year.  He will gather and bring more information on milling and asphalt to the next meeting

 

Moved by Ervin, Second by Hartman, Approved 4-0, to adjourn at 9:32PM

Bourbon County Commission Minutes of March 30

March 30, 2023,                                                                                                    Thursday 9:00 am

 

The Bourbon County Commission met in open session with all three Commissioners and the Deputy County Clerk present.

 

Anne Dare, Clint Walker, Patty Ropp, and Michael Hoyt were present for some or all of the meeting.

 

Jim Harris opened the meeting with the flag salute, followed by a prayer by Mark McCoy.

 

Nelson Blythe made a motion to approve the minutes from last week’s meeting. Clifton Beth seconded, and all approved.

 

Eric Bailey, Public Works Director, and David Singmaster, Noxious Weed Director, met to discuss an invasive weed they would like added to the county’s list of noxious weeds. They presented the Commission a packet of information about the common teasel and cut leaf teasel including pictures and a list of other Kansas counties who have added the weed to their list. Clifton explained to Nelson about how doing this would mandate landowners to spray to eradicate the weed. After some discussion it was decided to wait until the State of Kansas declares teasel as a noxious weed. Eric presented a report that detailed the final cost of the sidewalk and parking project at the courthouse. The total final cost including the labor of the county crew who performed the work, equipment costs using the FEMA rate, and all materials was $39,256.72. The Commissioners discussed how by the county performing the work there was a savings of $30,000-$40,0000 to the taxpayers based upon the bid amounts we received. Eric said he wanted to give credit to Chad Brown and his crew who worked very hard on the project. The Commissioners said the sidewalk and parking area looks great and the crew did a good job. Eric talked about going out for bid for the hay ground located at the old landfill, Elm Creek, and the radio tower on 250th Street. Nelson questioned how this worked and it was explained that individuals will submit a bid with a check and the highest bidder will win the hay rights for the year. Nelson made a motion to put out bids for hay on the various properties owned by the county. Clifton seconded the motion, and all approved. Eric said they purchased a used mower off Purple Wave for $6,700 and said that a new mower is $35,000. Jim explained how there is 1,100 miles of roads to mow in Bourbon County and that they try to mow two passes on each road. Eric said they have the sidearm mower out and are they are trimming in the southeast part of the county right now. Eric talked about a compost turner that they are watching on an auction site to possibly purchase for the landfill. Eric said they looked at the compost turner and even though it is used it is in very good condition. A new compost turner is over $100,000. Eric said they are also looking at used end dump trailers to haul chips to the asphalt plant which would save wear and tear on the dump trucks and save time and money. Eric attended the District 4 KDOT meeting in Chanute yesterday and said that KDOT has a lot of projects coming up in southeast Kansas this year. Clifton questioned the project on the highway in town and asked if KDOT had explained why the work is not progressing. Eric said that he had asked the local KDOT engineer that question and it was said that it is the contractor they have completing the work and several factors are affecting this. Eric said the rock crusher is working well and they are running five dump trucks and the belly dump trailer to try to get as much rock on the roads as possible. The new ditching machine is used daily, and they are around 255th and Native now. Clifton asked how we were doing on budgets? Jim asked if Eric had received his reports and Eric responded he had not received a report yet. Jim asked for Susan and Patty to join the meeting to explain the situation. Susan said she had finally interjected herself on Monday and found where we were off and that she had been working with Patty the past few days. Susan stated Patty did the final journal entry last night to get in balance. Susan said she now has to do adjusting entries which is the final piece to get in balance. Susan said that there are multiple items listed that they are carrying each month and she said she thinks that it may be a training issue. Patty said CIC is here today to do training on bank reconciliation with her office and the Clerk’s office. Patty said they are working on January right now and then they will proceed on to the next months. Jim questioned if after all the entries are done if Eric will be able to receive budget reports next week. Jim asked about the additional accounts that were found that Terry Sercer had recommended auditing the past seven years and Patty stated she had not received receipts yet. Jim asked if we could move forward without the receipts and Susan said you would have to talk to the auditors about this. Jim said it’s time to wrap it up, close it up, and move on. Patty was told that a KORA request could be submitted to obtain the receipts. Nelson said he had received a call about several potholes on 75th Street south of Maple Road on the gravel road. Nelson also said that on Kansas Road between 85th and 95th Streets there several potholes and there is not much gravel on the road. Eric said they are having injector problems on the grader in that district, and they are working on getting it back up and going but they will get another grader over to get it taken care of. Jim said that on 230th Street where it meets Kansas Road the water line cut has settled.

 

Justin Meeks, County Counselor, requested a 10-minute executive session for attorney client privilege with possible litigation.

 

Clifton made a motion to go into a 10-minute executive session under KSA 75-4319(b)(2) for consultation with an attorney for the public body or agency which would be deemed privileged in the attorney-client relationship to include the three commissioners, Justin Meeks, and Matt Quick and will return at 9:39. Nelson seconded the motion, and all approved. Clifton made a motion to resume normal session at 9:39 with no action. Nelson seconded the motion and both approved.

 

A five-minute break was taken.

 

Justin said he is helping Matt’s office with sanitation specifically lateral lines located in the county and that they need some additional funding to obtain training. Justin said the codes were last updated in 1998, but they are following KDHE minimums and need to look at bringing the codes into 2023. Nelson questioned how sanitation enforcement works.  Matt stated they write a letter of violation to the individual that outlines how long they have to correct the issue and if that is not completed then KDHE is contacted. Jim asked if Matt’s office speaks to the individual who is out of compliance before a letter is sent, and Matt said yes, they do talk to the individuals. Clifton wanted to reiterate that the codes that we are enforcing are mandated by the state. A copy of the codes can be obtained from Matt’s office, and they are also available online. Justin said that there used to be a full-time position for sanitation, and that Matt’s office has saved the county money by taking over the sanitation duties. Matt said he will do some research to find out how much training will cost and bring that information back to the Commissioners.

 

During the public comments section Michael Hoyt discussed the 3-20-23 work session and questioned why only three minutes were available online. Mr. Hoyt said that Eric recapped some of the work that is planned during the next commission meeting, but that they didn’t get a full view of the work that is going to be done in District 3 or the work that was completed in 2021 or 2022. Michael said that the commission minutes are not posted online for residents to be able to read what happened during the work session. Nelson said he was informed that the minutes had not be posted but that has since been corrected. Mr. Hoyt said that it would be beneficial to have a written program of what was completed in 2021 and 2022 and what is proposed to be done in 2023. Jim said that Eric has a ten-year road plan and that is updated every year and then they project work out for the next eight years. Eric gave a copy of the 2023 hard surface road plan to Mr. Hoyt and explained that he went over the entire plan during the 3-23-23 commission meeting as it was brought to their attention that the full 3-20-23 work session was not available on Youtube due to the courthouse losing internet. Eric said that he can provide numbers for all the asphalt that was laid in 2021 and 2022. Mr. Hoyt stated that the 2023 hard surface road plan should be posted online. Eric said that anybody can reach out to him, and he would be happy to visit and answer any questions residents may have. Michael spoke about a bridge over Wolverine Creek that he said he can see through to the water below. Eric said he has looked at the bridge and did not see any holes in the bridge and that our bridges are all inspected by licensed engineers, but that he would go back out and suggested meeting with Mr. Hoyt there to review the bridge together. Michael questioned if the soybean hulls that are going to be accepted at the landfill have been tested to see what all they contain. Clint Walker said that the proactive stance Bourbon County is taking with their sanitation codes just makes sense. Mr. Walker also said he was recently made aware of a solar farm coming in around the Devon area. Mark McCoy, Lake Advisory Board representative for the county, spoke about the last Lake Advisory meeting and said residents questioned the speed limits on 190th and 195th Streets. Mr. McCoy said he spoke to Eric Bailey and Tom Graham and there are 20 mph signs posted, but that he wanted to inform the county of what he was doing and is going provide the information to Nancy Maze who is the Chairman of the Lake Advisory Board.

 

Nelson Blythe asked Matt Quick back into the meeting to discuss Yale Road and explain the process of property taxes when a road is currently pavement and then milled and turned into a gravel road. Matt explained that residents can do a payment under protest when they receive their tax bill in December, and that they can come in and discuss the property and how it is valued and if adjustments need to be made then they will. Nelson said he understands that Matt has to follow state rules. Matt said anybody can come in and discuss the values of the property, but once the values are locked in, he cannot adjust them unless a payment under protest form is completed when the first half of the taxes are paid.

Clifton said he went to a presentation on a poverty program last week and that he asked them to make a presentation to the county. Clifton said it is called CORE Communities and that feels the county should support it. Jim said he has been invited to the Community Connection event on April 5, hosted by the Chamber of Commerce, and that a presentation of the program will be given then. Clifton said the presentation will not be at an open meeting the public can attend as it is just for elected officials. Justin explained the best practice of how to proceed if all three Commissioners may attend the meeting on April 5. Clifton made a motion to allow all three Commissioners to attend the Community Connection event on April 5. Nelson seconded the motion, and all approved. The Commissioners spoke about having Core Communities come and do a presentation during a normally scheduled meeting so that residents can be informed on the program. Michael Hoyt asked if he could make a few additional comments, so Clifton made a motion to amend the agenda to allow public comments again. Nelson seconded the motion, and all approved.

 

Michael Hoyt spoke about the presentation of the LUCAS machine and said that he saw on the news the FDA is allowing Narcan to be sold over the counter. Michael asked Nelson what type of Narcan he as a law enforcement officer carries, and Nelson stated the nasal spray. Mr. Hoyt spoke about the benefits of injectable Narcan and thinks the county should carry that form. Clifton said that EMS all have Narcan on board. Michael spoke about AEDs and Clifton said there is funding from the state available for Narcan and they are looking expanding that for other things like AEDs.

 

Nelson said he was contacted by an individual in town who was upset about the recent publication in newspaper about the tax sale because her deceased husband’s name was listed. Justin said in order to obtain a clear title to sell the property at a tax sale that the county has to list every name that has ever owned the property. Nelson said that it turns out it was a different individual with the same name but since there was no middle initial listed, she felt it made her deceased husband look bad, so Nelson stated that Donald V. Cummings never owned the property nor was he late on his taxes. Justin said he is hoping the tax sale at Hidden Valley will happen soon. Nelson wanted to clarify that the new vehicles purchased by the Sheriff’s Department are not why taxes are high in Bourbon County as has been stated in posts online, and that the vehicles were purchased with sales tax money.

 

Clifton made a motion to adjourn the meeting at 10:25. Nelson seconded the motion, and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

___________________, Chairman

___________________, Commissioner

___________________, Commissioner

 

ATTEST:

 

Jennifer Hawkins, Bourbon County Clerk

4/6/2023, Approved Date

Bourbon County Commission Agenda for April 6

Bourbon County Courthouse

210 S. National Ave Fort Scott, KS 66701 Phone: 620-223-3800

Fax: 620-223-5832

Bourbon County, Kansas

Nelson Blythe

1st District Commissioner

Jim Harris, Chairman

2nd District Commissioner

Clifton Beth

3rd District Commissioner

 

 

Bourbon County Commission Agenda 1st Floor County Courthouse

210 S National Avenue

April 6, 2023, 9:00 AM

  1. Call Meeting to Order
  2. Flag Salute and Prayer
  • Consent Agenda
    1. Approval of Minutes from 3/30/2023
    2. Approval of Payroll totaling $211,174.87
    3. Approval of Accounts Payable totaling $302,712.05
    4. Approval of Miscellaneous Disbursement Checks totaling $13,719.41
  1. Department Updates
    1. Public Works Director
  2. Susan Bancroft-Executive Session KSA 75-4319 (b)(1)
  3. Resolution 10-23 Proclamation of a State of Local Disaster for Bourbon County
  • Public Comments
  • Commission Comments
  1. Meeting Adjourn

 

 

 

Executive Session Justifications:

 

KSA 75-4319 (b)(1) to discuss personnel matters of individual nonelected personnel to protect their privacy.

KSA 75-4319 (b)(2) for consultation with an attorney for the public body or agency which would be deemed privileged in the

attorney-client relationship.

KSA 75-4319 (b)(3) to discuss matters relating to employer/employee negotiations whether or not in consultation with the

representative(s) of               the body or agency.

KSA 75-4319 (b)(4) to discuss data relating to financial affairs or trade secrets of corporations, partnerships, trust and individual     proprietorships

KSA 75-4319 (b)(6) for the preliminary discussion of the acquisition of real property.

KSA 75-4319 (b)(12) to discuss matters relating to the security measures, if the discussion of such matters at an open meeting

would jeopardize such security measures.

 

Legislative Update by State Senator Caryn Tyson

Caryn Tyson

 

March 31, 2023

 

Too many bills to mention Last week the Senate worked over 75 bills in three days.  It was a grueling schedule.  All of the bills can be found at www.KSLegislature.org  Below are a few highlights from the marathon of legislation.

 

Property Tax was discussed in some detail on the Senate floor regarding a proposed constitutional amendment that I requested, Senate Concurrent Resolution (SCR) 1610.  It would limit property valuations to a maximum 3% increase each year.  According the Revisors office (lawyers), this change must be made in the Constitution.  It was modeled after Oklahoma and Oregon, states that use fair market value systems, similar to Kansas.  A couple of Senators argued that it would take us out of compliance of fair market value and some owners would be paying more because they remodeled or sold their home.  However, the more important argument in support of the 3% limit is why should you be paying higher property taxes if your neighbor sells or remodels their home?  Oklahoma and Oregon have had valuation limits for over 25 years.  It will not break the Kansas system, but it will keep property owners from these massive property tax valuation increases in one year.  It does not stop local governments and schools from increasing your property taxes, via mil levy increases, but it does stop these super-inflated valuation increases and the burden of contesting them.  The SCR must pass both chambers by 2/3 majority.  It failed in the Senate on a vote of 26 to 14.  If one Senator who voted no, will change their vote Monday 4/3/23, it would go to the House for a vote.  It is a step in the right direction for limiting these massive property valuation increases.

 

Freedom from Government Competition is the intent of Senate Bill (SB) 252.  Businesses should not have to compete against their government.  There are government ran businesses in Kansas, creating an unfair advantage and SB 252 would help level the playing field.  If the Department of Revenue decides that your business is competing against a government business in your city then sales and property tax for your business would be exempt.  It passed the Senate 24 to 16.  I voted Yes.

 

Environmental Social Governance (ESG)  is a rating system established to encourage politically charged investments, such as stopping investments in the oil and gas industry.  The Kansas Senate took a major step in prohibiting state agencies and other political subdivisions from giving preferential treatment to or discriminating against companies based on ESG criteria.  I offered an amendment that would prohibit state investments in countries that are known foreign advisories to the U.S., such as China and others.  All investments must be divested within 18 months.  We should have never been invested in these countries.  The amendment passed.  The bill passed the Senate 29 to 11.  I voted Yes.

 

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

Caryn

 

U.S. Senator Jerry Moran Newsletter


America Needs a Fair & Transparent Organ Transplant System
For years, Senator Roy Blunt and I raised the alarm about the nation’s fundamentally unfair and biased organ transplant system. Our warnings were heeded when the Department of Health and Human Services announced its intent to overhaul the organ transplant system.

Breaking up the Organ Procurement and Transplantation Network (OPTN) contract and adding transparency to the process are good first steps to rectify the fundamental bias in the system dominated by a monopolistic contractor. Getting the organ transplant and donation system right is a matter of life and death. There is no room for bias, reckless mistakes or an opaque process. It is important to continue oversight and make certain the organ donation process is transparent and fair so that more organs can be donated and more lives saved.

Continue reading U.S. Senator Jerry Moran Newsletter