Category Archives: Government

Agenda for Bourbon County Commission Meeting Sept. 14

Agenda

Bourbon County Commission Room

1st Floor, County Courthouse

210 S. National Avenue

Fort Scott, KS 66701

Tuesdays starting at 9:00

 

Date: September 14, 2021

1st District-Lynne Oharah                                                                Minutes: Approved: _______________

2nd District-Jim Harris                                                                      Corrected: _______________________

3rd District-Clifton Beth                                                                              Adjourned at: _______________

County Clerk-Kendell Mason

 

   

MEETING HELD IN THE COMMISSION ROOM WITH NO PUBLIC ATTENDANCE (PUBLIC 

ATTENDANCE VIA YOUTUBE)

 

Call to Order

 

    • Flag Salute
    • Approval of Minutes from previous meeting
    • 2022 Budget Hearing
    • Eric Bailey – Road and Bridge Report / Sheriff Department Vehicle
    • CIC Contract
    • David Neville – Executive Session – KSA 75-4319(b)(1) To discuss personnel matters of individual nonelected personnel to protect their privacy
    • Robert Coon – A+ Bail Bonds
    • Kevin Davidson – Wages & Budget
    • Lora Holdridge – (Roads) Executive Session – 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
    • County Counselor Comment
    • Susan Bancroft, Finance Director Comment
    • Public Comment
    • Elected Officials Comment
  • Commission Comment

Justifications for Executive Session:

          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 security measures, if the discussion of such matters at an open meeting would jeopardize such security measures.

Emergency Funding For Current COVID19 Surge

Governor Laura Kelly Announces Funding for Frontline Nurses and Care Workers

~$50 Million in Funding Going to Nurse & Care Workers as Strain on Hospitals Continues to Increase~

TOPEKA – Governor Laura Kelly today announced $50 million available for hospitals to either provide premium pay or improve retention of nursing resources and support personnel, approved by the SPARK Executive Committee. This emergency funding will provide immediate support for Kansas hospitals to manage the current COVID-19 surge and address critical shortages in nurse staffing across the state.

Qualified facilities may use the funding for either premium pay as defined in ARPA or for funding a program designed by the facility to improve the retention of nursing resources and support personnel. Premium pay may be distributed by the hospitals to frontline employees in the manner that they believe is most appropriate to ensure retention of critical resources and maintenance of staffed hospital beds.

“Many of our nurses are risking their lives every day to save Kansans from COVID-19 – and the immense strain on our hospitals is causing them to be exhausted and disheartened,” Governor Laura Kelly said. “They’re taking on extra shifts and caring for more patients than they can handle – and it’s our responsibility to give them the support they need.

“Frontline nurses need this funding to continue battling the COVID-19 surge here at home. I sincerely thank all Kansas frontline nurses and health care workers for all they do to protect our communities from the threat of COVID-19. I encourage all Kansans to do their part and get vaccinated immediately – for our health care workers, for our businesses, and for our families.”

The funding can provide frontline nurses and care workers with premium pay by increasing their hourly wages up to $13 per hour. Hospitals can apply for these State Fiscal Recovery Funds and receive funding based on their number of nursing resources, and will have discretion over how to distribute premium pay.

Additionally, hospitals will be allowed to use the funding for alternative purposes to retain staff if it meets compliance with ARPA guidance. Funding in retention programs must be spent on pay and associated benefits of qualified employees.

By October 31, 2021 and for each month thereafter, all Qualified Facilities receiving funding shall report the following to the Office of Recovery and the SPARK Committee:

  1. The number of nurses on a full-time equivalence basis staffing ICU beds and non-ICU beds as of the most recent pay period ending prior to September 15, 2021, broken out by contract nurses and employees.
  2. The number of nurses on a full-time equivalence basis staffing ICU beds and non-ICU beds as of the most recent pay period ending prior to or on October 31, 2021, broken out by contract nurses and employees.
  3. How much of the money received by the Qualified Facility has been earned under the program to date.
  4. The number of weeks the Qualified Facility has had the program in place.
  5. The number of frontline clinical employees and nurses who left the employment of the Qualified Facility during the period from June 1, 2021 to August 31, 2021.
  6. The number of frontline clinical employees and nurses who left the employment of the Qualified Facility during each month from September 1, 2021 to February 28, 2022.
  7. For any terminations of clinical frontline workers and nurses from September 1, 2021 through February 28, 2022, the number of such terminations and the reason given for all voluntary and involuntary terminations.
  8. All current Covid-related policies, such as testing policies, quarantine policies, and vaccine policies, and any changes thereto with the date such changes were announced and implemented.

Julie Glass, a nurse at Newman Regional Hospital in Emporia, posted to the hospital’s Facebook page last month: “It’s come to a point where you not only pray for your family member to not get COVID, but you pray that they don’t have any other illness or medical emergency either because there’s not enough space or staff for them to receive adequate medical care.”

Governor Kelly believes it is imperative to act now and protect the health and safety of our frontline nurses. This funding will ensure that Kansas hospitals are adequately equipped with experienced staff, rural hospitals can keep their doors open, and nurses can appropriately be compensated for their tireless and courageous work throughout this pandemic.

COVID-19 cases continue to rise across Kansas with a daily average of 1,331 new cases from August 30 to September 7 – levels not seen since January 2021. On September 10, the Kansas Department of Health and Environment (KDHE) reported 4,302 new COVID-19 cases since the last update two days prior. Hospitalizations continue to rise, with 612 hospitalized COVID patients as of September 10. This poses a challenge for hospitals to be able to provide surge support staffing and incentivize nurses to stay at their current pay rates.

More information will be provided to eligible Kansas hospitals in the coming days about how to access and properly allocate this funding to their nurses and frontline care workers.

New County Clerk: Ashley Shelton

Ashley Shelton. Submitted photo.

Ashley Shelton was selected for the county clerk position at the Bourbon County Republican Party Convention on Sept. 9.

“I have worked in the Bourbon County Clerk’s Office since June of 2020,” Shelton said.

Shelton graduated high school at Yates Center and moved to Bourbon County in 2002 to attend Fort Scott Community College.

She and her husband Scott and have two boys ages 10 and 3.

“I have learned a lot from Kendell (Mason, the current clerk) during my time in her office and I feel that I could fulfill the duties of the county clerk position although I know I have big shoes to fill and a lot to learn,” Shelton said.

“Since I am deputy-clerk I will be acting clerk as of Sept. 14, until I receive my appointment from the state,” she said.

Shelton replaces Kendell Mason who resigned after nine years as county clerk. Mason’s last day is Sept. 13.

“The Republican Party notifies (the governor)  who they selected and the governor will send a letter appointing her to that position,” Mason said.

“She will serve until November 2022, when there will be an election,” she said.

The clerk’s office is located in the north wing of the Bourbon County Courthouse on National Avenue.

The Bourbon County Clerk duties, taken from the county website are:

  • Serves as Secretary to the Board of County Commissioners; attends Commission meetings; prepares and posts agendas and keeps meeting minutes; maintains proceedings of Commission meetings, including all contracts and agreements entered into by the County.
  • Prepares annual budgets for most townships and fire districts and all cemeteries, watersheds, and light districts in the County.
  • Receives and compiles all budgets submitted by County entities, cities, townships, the community college, school districts, and all special districts.
  • Compiles, calculates, and prepares tax levies.
  • Prepares real estate, personal property, and state assessed tax roll, including special assessments, and certifies to County Treasurer.
  • Accumulates and files a bonded indebtedness report for all taxing entities in the County.
  • Carries out all elections and certifies to the Secretary of State; maintains voter database; accepts filings for public office; keeps financial statements of expenses from the county, city, school district candidates.
  • Provides Accounts Payable and Payroll functions for all County departments; receives all claims filed against the County.
  • Provides checks and balances to property transfers, motor vehicle collections, and Treasurer’s daily ledger activities.
  • Serves as the County Freedom of Information Officer.
  • Maintains fixed asset inventory for the County.
  • Provides assistance to County residents in preparing Homestead Property Tax Refund  and Food Sales Tax Applications for the Kansas Department of Revenue.
  • Issues Cereal Malt Beverage Licenses to establishments outside the city limits and issues Firework Permits to stands throughout the County for 4th of July week.
  • Issues Kansas Wildlife and Park permits.

KCC Denies Motions Relating to February’s Polar Vortex by Gas Entity

KCC denies requests based on lack of jurisdiction and legal restrictions, but assures consumers state and federal level investigations continue 

TOPEKA – The Kansas Corporation Commission (KCC) issued orders denying two motions filed by the Natural Gas Transportation Customer Coalition (NGTCC) relating to gas prices during February’s winter weather event.

The first motion asked the Commission to subpoena documents from S&P Global Platts Gas Daily relating to its daily price index. While acknowledging the concerns, the Commission order states that jurisdiction to investigate wholesale market manipulation lies with the Federal Energy Regulatory Commission (FERC), which has already opened an investigation.

“While NGTCC may raise legitimate concerns, this Commission is simply not the forum for such an investigation. This Commission is focused on the behavior of its jurisdictional utilities and whether they acted reasonably and prudently, under the circumstances. However, if suppliers, traders, or other entities engaged in market manipulation or price gouging within the wholesale market, as NGTCC posits, FERC’s investigation is intended to uncover such actions.”

The second request was that invoices from Kansas Gas Service’s suppliers be made public. In denying that motion, the Commission determined that supplier invoices satisfy the definition of “trade secret” as defined by K.S.A. 60-3320 and are protected as propriety information as set forth by the U.S. Supreme Court and the Kansas Supreme Court. The order notes that giving the public access to the invoices would not aid the Commission in its investigation because the KCC’s Staff, NGTCC, and all other parties to the docket, including the Kansas Attorney General’s Office and the Commission itself, already have full access to the documents. The Attorney General’s office is investigating February’s wholesale gas prices as part of its consumer protection probe.

“Therefore, between Staff, CURB, and the AG, the general public is well represented in this proceeding. NGTCC has not demonstrated that disclosure will benefit the public interest. Conversely, the record demonstrates disclosure of the information as requested in NGTCC’s motions holds great potential to harm current and future Kansas natural gas customers through higher purchased gas costs. A general argument in favor of transparency cannot outweigh this very real harm to customers.”

All regulated Kanas utilities are required to work with the KCC to determine how the February gas prices will be passed on to ratepayers. While Federal and State investigations into the matter continue, the Commissioners emphasized their expectation that Kansas natural gas consumers will be compensated in the future if price gouging or market manipulation is uncovered.

A recording of today’s business meeting can be viewed at https://www.youtube.com/watch?v=qqpQsXpdarE

The orders are available on the KCC website: http://estar.kcc.ks.gov/estar/ViewFile.aspx?Id=d939fd87-7d2a-493a-9a58-cdb7a4fd9675 http://estar.kcc.ks.gov/estar/ViewFile.aspx?Id=49f602f8-af94-4b45-b495-12c61088ac3b

 

Debate Over USD 234 Revenue Neutrality

Dave Trabert. Submitted photo.

Dave Trabert, Chief Executive Officer of the  Kansas Policy Institute, Overland Park, sent an email response to fortscott.biz‘s feature on the USD 234 Budget on Sept. 2.

“Under the new Truth in Taxation legislation, mill rates are reduced by law so that new valuations produce the same dollar amount of property tax…hence the name ‘revenue-neutral rate,'” Trabert said.  “If the school district wants to take in more property tax dollars next year, they have to notify taxpayers of their intent, hold a public hearing, and then vote on the entire tax increase they impose.”

USD 234 Board Clerk/Business Manager and Certified Public Account Gina Shelton’s answers to Trabert are in blue ink.

“Correct – which we did,” Shelton said in a response to the Trabert email that fortscott.biz sent her. “What is missing from that statement is that we are to adopt a revenue-neutral rate based upon an estimated assessed valuation.”

Gina Shelton. Submitted photo.

“In general terms, it is a simple formula: Assessed Valuation (a) X Mill Rate (b) = Property Tax Assessed (c).  If (a) and (b) stay the same, an entity would be revenue-neutral.  If (a) increases and (b) stays the same = higher property tax assessed.   If (a) increases and (b) decreases = lower property tax assessed/revenue neutral (depends on how much (b) is). “

“The school district only controls (b).”

” What the formula does not consider are things like 1) Collection Ratio 2) Neighborhood Revitalization (or other economic programs administered through other entities) and 3) the Assessed Valuation is an estimate.”

  “This year, we received two separate revenue-neutral rates due to an error on the part of one of the utility companies.  We also know that there is a larger taxpayer in our county that has applied for exemption, yet it was not backed off from the estimated assessed valuation.  The exemption is retroactive to the date within the application.  These are all factors that were considered when recommending being Revenue Neutral or not.”

“There is also a timing factor.  We are very early on in a bond payback.  Our bond is why the school district’s mill rate is as high as it is.  We are committed to being good stewards of our taxpayers’ commitment.”

 “When we reworked the bond in 2020, we were able to save our taxpayers $5,792,515.15 and will be able to pay it back five years earlier.  However, we still have a way to go before that bond is paid off – September 1, 2035.”

  “I don’t believe it is fiscally responsible to adjust the bond mill.  The bond mill has to be considered because for the school district to qualify to be revenue neutral – we would have had to adjust our mill rates in all of the other funds (since the 20 mills in our General Fund is set by statute).”

” We know we have capital outlay needs for our district to maintain our facilities.  Deferred maintenance costs more money.  We did not feel it prudent to reduce the mill in the Capital Outlay fund.”

  “In our LOB fund, we use a big part of this to pay for utilities.  We were advised to budget 6% increases in electricity and 18% increases in gas.  What would we cut to make up for those increases?  What opportunities would we cut for our kids?”

 

“Gina Shelton’s claim that the LOB resolution has no impact on property tax is simply not true,” he said.  The only way that could happen is if they adopted the revenue-neutral rate of 13.431.  They choose to increase property tax… by 1.7% if they adopted the proposed mill levy. If the district adopted each of their proposed mill rates, they increased the burden on taxpayers by close to 2%.”

“In fact, it is claims like hers that drove taxpayers to demand the Truth in Taxation legislature,” Trabert said.

“I’ve never spoken to Mr. Trabert, to state that ‘claims like hers’ without having a single conversation with the person shows how very political this is.”

” I believe in transparency in government.  I also firmly believe in being fiscally responsible.  Our board has always been transparent about the challenges and positives of our school district to our community.  Our board considered the pros and cons and made the decision based on the recommendation we made.”

Trabert included a chart:

http://www.kansasopengov.org/kog/databank#report_id=90&County=Bourbon

“We collected the information from each county clerk via Open Records requests,” he said.

“Any entity that does not follow the Truth in Taxation law is prohibited from spending above the revenue-neutral rate,” Trabert said.

“We are fully aware of this requirement,” Shelton said.  Prior to the due dates set by the state, we discussed publicly what Revenue Neutral means for our taxpayers as our board meetings.”

“At the board’s July 12th board meeting there was a motion made to allow us to submit paperwork to the county to allow us the option to not be revenue neutral.”

“We declared to the county by the July 20th due date.”

“We held a detailed special budget/RNR presentation on July 30th, where we had one member of the public attend.  This was an hour-long meeting meant to educate our community.”

 “We then published in the  Fort Scott Tribune newspaper on August 11th.  After publishing, I only had one taxpayer come into ask questions and look at our budget.”

“I have always encouraged our taxpayers to please sit down with me to look at our budget to help explain what we do with those funds.”

 “We then held a hearing on August 25th at 5:30.  We received no comments or questions from the public at this hearing although the intention of that is to allow for that feedback.”

 “We held our budget hearing on August 25th at 6:00.  We also received no comments or questions during this hearing as well.  Both were well attended.”

 “Our community supports our kids.  I’m sure Mr. Trabert has concerns regarding property tax – as we all do – however, he does not live, work, or send his kids to school here.”

  “As someone who attended public schools in Fort Scott, lives here and has a student attending USD 234, my continued commitment has always been to be fiscally responsible of the dollars our taxpayers trust us with.”

“I believe our students are worth more than a political debate on property taxes.  Mr. Trabert has not taken any time to call and discuss our particular district with us, but decides to contact the press?  This leads me to believe that his concern is more with taxes in general versus our particular district or the challenges we face.  Let’s work toward a workable, positive solution – our kids deserve that.”

“Kansas Policy Institute is a nonprofit research and education organization that protects constitutional rights and economic freedom,” Trabert said.  “I am the CEO and work in our Overland Park office. Here is some background on our history and mission.  https://kansaspolicy.org/about/”

“We were instrumental in getting the Truth in Taxation law passed.,” he said. “Senator Caryn Tyson, who represents most of Bourbon County, can also provide information on the legislation.”

 “I have great respect for Senator Tyson.  We have had several conversations where we discussed the challenges that face school districts.  Challenges in addition to the fiscal side of schools.  She knows how important our students are and how much our great state depends on their success.  Public education provides opportunities that no other state program provides -both in the “right now” and for our future.  The success and education of our students warrants our investment in them.”

Grant Opportunities for Juvenile Crime Community Prevention

The Kansas Department of Corrections is pleased to announce the release of two new grant opportunities for Juvenile Crime Community Prevention.

These grants will support communities in providing services to youth that are at risk for juvenile delinquency, victimization, and juvenile justice system involvement.

These grants are being made available to both governmental agencies (i.e., counties, judicial districts etc.) as well as community-based agencies and service providers (i.e. non-profits).

Applicants can submit requests for grant funds for both fiscal year 2022 (1/1/22 – 6/30/22) and fiscal year 2023 (7/1/22 – 6/30/23) on these applications.

 

These grants will have two tracts.

  • The first grant application is for Juvenile Crime Community Prevention for Nonspecific Areas of Prevention with a Matching Fund Requirement. Applications can target any area of juvenile crime prevention and is not limited to any specific priority area. This grant will require a $1-for-$1 local or private funds match.
  • The second grant application is for Juvenile Crime Community Prevention while targeting one of four priority areas (i.e., crossover youth, homeless youth, jobs/workforce development for youth, and runaway youth). This grant will not require matching funds.

 

Both grants require the development and implementation of evidence-based juvenile crime prevention programs and practices

 

All applications, including all related documents and completed signatory approval pages, are due October 29, 2021.

 

If you have questions regarding these grants or need assistance please contact either:

 

Kansas Driver’s License Visits Continue on an Appointment-First Basis

Kansas Department of Revenue Reminds Customers of Online Services Available

 

TOPEKA – As the COVID-19 pandemic continues to impact the state, the Kansas Department of Revenue reminds its customers that many of the services provided in its offices can also be completed online. This includes, for many Kansans, renewing driver’s licenses and making tax payments, whether current or delinquent.

“Reminding our customers that these options are available merely reiterates our continued mission to provide services and assistance safely and efficiently, even during a pandemic,” said Secretary of Revenue Mark Burghart.

A complete list of online services is available at ksrevenue.org/onlineservices.

If an office visit is necessary for driver’s license services, KDOR heavily encourages making an appointment. Customers with an appointment receive priority. Information about making an appointment can be found at ksrevenue.org/DOVAppointmentInfo.

Office visits to KDOR Taxpayer Assistance Centers require an appointment. Those appointments can be made by going to kdor.ks.gov/apps/appointmentscheduler.

Kansans Encouraged to Get Flu Shot

Governor Laura Kelly Encourages Kansans to get a Flu Shot

TOPEKA – Governor Laura Kelly this week, after receiving her flu shot, emphasized the importance of all Kansans getting a flu shot to stay healthy and reduce the strain on Kansas hospitals.

“Increased flu-related visits to the hospital would increase strain on our hospitals, many of which are at critical capacity, or close to it,” Governor Kelly said. “I encourage all Kansans to get a flu shot to protect themselves and their communities from illness.”

Flu Facts:

  • The COVID-19 vaccine does not protect against the flu. Getting both vaccines is important to be fully vaccinated against both viruses.
  • The COVID-19 vaccine and the flu vaccine can be administered together.
  • Flu vaccinations should be received by the end of October, if possible. However, as long as flu viruses are circulating and unexpired flu vaccine is available, flu vaccinations should be given.
  • The flu vaccine has been shown to reduce flu related illnesses, and the risk of serious flu complications that can result in hospitalization or death.
  • The same public health practices that mitigate the spread of COVID-19: mask wearing, physical distancing, avoiding crowds, and washing hands often.

“Last year we learned that the mitigation measures like social distancing, wearing masks and washing your hands helped stop the spread of influenza,” said Lee Norman, M.D., Secretary of the Kansas Department of Health and Environment. “Kansans should get the flu vaccine and take mitigation measures to protect themselves and their families.”

“The commonsense mitigation efforts are proven to prevent the spread of illness,” Governor Kelly said. “If we all pull together, get vaccinated, and take these practical steps to stay healthy, we can protect the health and safety of our communities and our economy.”

For information on flu prevention and where to find a flu vaccination site near you, visit the Kansas Department of Health and Environment website at www.kdheks.gov/flu.

This photo of Governor Kelly receiving her flu shot is available for media use.

West Nile Virus Confirmed in Shawnee County Horse

MANHATTAN, Kansas — The Kansas Department of Agriculture Division of Animal Health has received notification of a confirmed case of West Nile virus (WNV) in a horse in Shawnee County.

“West Nile virus is a preventable disease, and we know that annual vaccinations have proven highly effective for horses,” said Kansas Animal Health Commissioner Justin Smith. “Unfortunately, the infected animal had not been vaccinated for this virus. We strongly encourage all horse owners to consult with your local veterinarian and make a vaccination plan for your horses.”

WNV is a virus that can infect humans, horses, birds and other species. Horses infected with WNV can have symptoms that range from depression, loss of appetite and fever to severe neurologic signs such as incoordination, weakness, inability to rise, and hypersensitivity to touch or sound. WNV can be fatal in horses. If you see symptoms of WNV in your horse, contact your veterinarian immediately.

The virus is carried and transmitted by mosquitoes; although both horses and humans are susceptible, it is not directly contagious from horse to horse or from horse to human. Horse owners should work diligently to reduce the mosquito populations and their possible breeding areas, including removing stagnant water sources and using mosquito repellents. WNV is a reportable disease in Kansas, which means the law requires any confirmed case must be reported to the KDA Division of Animal Health.

For more information about West Nile virus or other animal disease issues in Kansas, go to the KDA Division of Animal Health website at www.agriculture.ks.gov/AnimalDiseases. Information about WNV risk for humans can be found on the Kansas Department of Health and Environment website at www.kdheks.gov/epi/arboviral_disease.htm.

FS Commission Minutes of August 17

CITY OF FORT SCOTT

CITY COMMISSION MEETING

Minutes of August 17, 2021 Regular Meeting #16

The regular meeting of the Fort Scott City Commission was held August 17th, 2021 at 6:00 p.m. in the City Commission Meeting Room at City Hall, 123 S. Main Street, Fort Scott, Kansas.

ROLL CALL:

Commissioners K. Allen, P. Allen, R. Nichols, and L. Watts were present with Mayor J. Jones presiding.

INVOCATION:, Diane Clay, City Clerk, said a prayer asking God for guidance for the City, our Government and City officials.

AUDIENCE IN ATTENDANCE: Travis Shelton, Susan Bancroft, Brenda Iverson, Canton Dean, Jimmy Kemmerer, Logan Woods, Tim VanHoecke, Cheryl VanHoecke, Jennifer LaRoche, Jason Marbery, Brad Matkin, Seth Needham, Pete Owenby, Jesse Pohlmann, Lindsay Madison, Rob Harrington, Jackson Tough, Jason Dickman, Michael Hoyt, Lynette Westhoff, and Bill Martin.

ADDITIONS TO AGENDA: Josh Jones asked under Appearance that Rob Harrington be added.

PROCLAMATIONS/RECOGNITIONS: None

CONSENT AGENDA:

  1. Approval of minutes of the regular meeting of July 6th, 2021.

  1. Approval of Appropriation Ordinance 1294-A totaling $598,879,75.

  1. Request to Pay – American Wrecking Services, LLC – Eagle Block Building – $81,675.00

  1. Request to Pay – HDR Engineering, Inc. – $9,470.39 – River Intake Project

  1. Amending of Resolution Numbers:

8-2021 to 18-2021 (14 S Margrave – Dangerous & Unsafe Resolution)

  1. Request to Pay – Earles Engineering

Building Inspection – $4,791.88

Building Inspection (Peter Earles) – $1,669.50

3rd Street Sewer Project – $2,306.00

City Engineer – $4,000.00

Public Works Director – $4,717.50

Wastewater Treatment Plant – $7,288.00

Re-Route Manhole #148 Proposal – $5,000.00

  1. Request to Pay – Nuss & Farmer $1,825.50

  1. July Financials

R. Nichols moved to approve the Consent Agenda. L. Watts seconded. R. Nichols, L. Watts, and J. Jones voted aye. P. Allen voted no. K. Allen abstained. Motion carried 3-1-1.

APPROVED CONSENT AGENDA.

Public Comment:

(Sign up required. Comments on any topic not on the agenda and limited to 5 minutes per person, at Commission discretion) – None

Engineering Firm Update: Jason Dickman, Earles Engineering, Inc., informed the Commission that he checked into the location of 17th and Eddy and 15th and National. He will review this and discuss at the next meeting.

Interim City Manager Report and Comments: Mark McCoy, Interim City Manager, said that the K.D.O.T. permit for Highway 69 and 12th Street has been applied for.

APPEARANCES:

Brenda Iverson – Consideration of Boy Scout Request – Ms. Iverson said that Boy Scout Troop 114 is having a recruitment event on August 28th. They could like to use 2nd Street Park and shoot BB guns and bows and arrows. It is City property so she asked for the Commission’s approval.

City Attorney said that it is a safety issue but if the Chief of Police has no issues, he is fine with it also.

Chief Shelton said that they have allowed this before. The Scouts will make sure there are safety precautions in place.

Seth Needham asked if they could get a port-a-potty at the location on the day of the event.

K. Allen said if the City does not provide one, he will bring one out.

K. Allen made a motion to allow the Boy Scout Troop 114 to use 2nd Street Park to hold their event and work with Chief Shelton on this. L. Watts seconded. All voted aye.

APPROVED TO ALLOW THE BOY SCOUT TROOP 114 TO USE 2ND STREET PARK TO HOLD THEIR EVENT ON AUGUST 28TH AND WORK WITH CHIEF SHELTON ON THIS.

Rob Harrington – Rob said that he went into McDonald Hall to show the building to a prospective buyer. The building is in terrible condition. He encouraged the City to work to acquire this building so it doesn’t end up like the Eagle Block building.

Public Hearings: None

Director Reports: None

Old Business:

  1. Resolution 21-2021 for Sale of Lake Fort Scott Property Proceeds – City Attorney said that this is the resolution for the sale of the Lake Fort Scott properties. This would put all proceeds into a Lake Fort Scott fund. He said that the resolution could be approved or amended as they see fit.

R. Nichols said that he thinks this resolution is too restrictive. He said that there are lots of needs in our community that need funded also. He said that our streets need funding, economic development needs funding as well as health care. He doesn’t want to see all these funds put into one fund where they can’t be moved or used. He mentioned possibly putting a percentage of the sales in this fund.

K. Allen said that the lake is a public place and we need to fund improvements for the lake.

Discussion was held between the Commissioners about the fund and a percentage they would like to see placed in the lake fund.

R. Nichols moved to table this and have the City Attorney rework the resolution. The motion died for lack of a second.

L. Watts moved to approve Resolution No. 21-2021 creating the Lake Fort Scott fund. J. Jones seconded. L. Watts and J. Jones voted aye. K. Allen, P. Allen, and R. Nichols voted no. Motion denied 2-3.

DENIED MOTION TO APPROVE RESOLUTION NO. 21-2021 CREATING THE LAKE FORT SCOTT FUND.

K. Allen move to allow the sale of the first four lots to go to the Lake Improvement Fund and have the City Attorney rework the resolution. P. Allen seconded. K. Allen, P. Allen, L. Watts, and J. Jones voted aye. R. Nichols voted no. Motion carried 4-1.

approved to allow the sale of the first four lots to go to the Lake Improvement Fund and have the City Attorney rework the resolution.

New Business:

  1. Consideration of Supplemental Bond Agreement No. 1 amending a certain bond agreement for the 2015 Industrial Revenue Bond for Bourbon County Assisted Living Project and approving Resolution No. 20-2021 – Susan Bancroft, Director of Finance, informed the Commission that Gilmore and Bell, the City’s bond company, submitted the Supplemental Bond Agreement #1 and Resolution as the Bourbon County Assisting Living Project is looking to refinance their bonds. Approval of the agreement and the resolution is needed.

R. Nichols moved to approve the Supplemental Bond Agreement No. 1 and Resolution 20-2021 for the 2015 Industrial Revenue Bonds for Bourbon County Assisted Living Project. L. Watts seconded. All voted aye.

APPROVED SUPPLEMENTAL BOND AGREEMENT #1 AND RESOLUTION NO. 20-2021 OF THE GOVERNING BODY OF THE CITY OF FORT SCOTT, KANSAS APPROVING THE FORM OF SUPPLEMENTAL BOND AGREEMENT NO. 1, AMENDING AND SUPPLEMENTING A CERTAIN BOND AGREEMENT ENTERED INTO IN CONNECTION WITH THE ISSURANCE BY THE CITY OF ITS TAXABLE INDUSTRIAL REVENUE BONDS, SERIES 2015-A AND SERIES 2015-B (BOURBON COUNTY ASSISTED LIVING PROJECT), AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH.

K. Allen left the room at 6:40 p.m.

  1. Consideration to Pay: Skitch’s Hauling & Excavation, Inc.:

July Port-a-Potties – $2,640.00

Use of Skid Loader for Dunn property – $1,572.50

J. Jones moved to approve the two payables to Skitch’s Hauling & Excavation, Inc. L. Watts seconded. P. Allen, R. Nichols,, L. Wattts and J. Jones voted aye.

APPROVED SKITCH’S HAULING & EXCAVATION, INC. INVOICES.

K. Allen returned to the room at 6:41 p.m.

  1. Consideration of Bid – Water Treatment Plant Clarifier No. 1 Mixer Drive Replacement – Mark McCoy, Interim City Manager, informed the Commission that bids were submitted on August 9th, 2021. There were two bids received with the low bid from Davis Structure & Development Corporation of Springfield, Missouri in the amount of $90,355 and the other bid from G & G Construction Co., Inc. of Carthage, Missouri in the amount of $91.650.00. Approval for the low bid was requested.

L. Watts moved to approve the low bid from Davis Structure & Development Corporation of Springfield, Missouri in the amount of $90,355 for the Clarifier No. 1 Mixer Drive Replacement project. R. Nichols seconded. All voted aye.

approved the low bid from Davis Structure & Development Corporation of Springfield, Missouri in the amount of $90,355 for the Clarifier No. 1 Mixer Drive Replacement project.

  1. Consideration of Bid – Cooper Street Reconstruction – Jason Dickman, Earles Engineering, informed the Commission that this bid became confusing due to the bid and the plans. He recommended going with the bid form. Based on the bid, the low bidder was Marbery Concrete for $745,973. The bid alternate to replace Item #21, which was asphalt to concrete, the low bidder would be Amino Brother at $766,318.54. The question for the Commission to go with asphalt or concrete.

L. Watts said that the biggest question has to be answered by Finance and determine if there is funding.

Susan said that tonight you have over $1,000,000 in projects. Based on the cash basis law, you cannot spend over $330,000. There is short term financing available or temporary notes you can obtain.

Jason said that the bids would be good for 60 days.

Discussion was held to table this issue and bring back at the next meeting.

L. Watts made a motion to table the Cooper Street project until Susan Bancroft can investigate financing options for temporary notes or any other available financing. R. Nichols seconded. K. Allen, P. Allen, R. Nichols and L. Watts voted aye. J. Jones abstained. Motion carried 4-1.

approved to table the Cooper Street project until Susan Bancroft can investigate financing options for temporary notes or any other available financing.

  1. Consideration of Bid – National Avenue Overlay – 13th to 17th – Jason Dickman, Earles Engineering, informed the Commission that there were two bids received on the National Overlay Project. They were received from Heckert Construction Co., Inc. of Pittsburg, Kansas and Bettis Asphalt & Construction, Inc. of Iola, Kansas. The bid from Heckert Construction is $90,606.75 and the bid from Bettis is $126,407.70. His recommendation is to award the bid to Heckert Construction in the amount of $90,606.75. Jason said that they would clean up the old milling that was done.

L. Watts moved to approve the bid for National Avenue overlay with Heckert Construction of Pittsburg, Kansas in the amount of $90,606.75. K. Allen seconded. All voted aye.

approved the bid for National Avenue overlay with Heckert Construction of Pittsburg, Kansas in the amount of $90,606.75.

  1. Consideration of Bid – Horton Street – Mill and Overlay – Mayor Jones asked that this item also be tabled due to financing.

L. Watts moved to table the Horton Street project until Susan Bancroft can investigate financing options for temporary notes or any other available financing. R. Nichols seconded. K. Allen, R. Nichols, and L. Watts voted aye. P. Allen and J. Jones abstained. Motion carried 3-2.

approved to table the Horton Street project until Susan Bancroft can investigate financing options for temporary notes or any other available financing.

  1. Consideration of Bid – Union Block Alley – Jason Dickman, Earles Engineering, informed the Commission that there was one bid received on the alley project.

Discussion was held regarding if there was enough time for companies to bid this project.

L. Watts moved to reject the bids and rebid this project with a bid date of September 14th, 2021. K. Allen seconded. All voted aye.

Approved to reject the bid for the Union Block Alley and rebid this project with a bid date of September 14th, 2021.

  1. Consideration of Bid – Below Grade Restoration Eagle Block/CDL – Jason Dickman, Earles Engineering, informed the Commission that the bids were due last Friday. There were two bids received from Owenby Masonry & Construction of Fort Scott in the amount of $32,500 and a bid from Mid-Continental Restoration Co., Inc. of Fort Scott in the amount of $34,968. He asked for approval for the low bid from Owenby Masonry & Construction in the amount of $32,500.

Discussion was held regarding the time frame of this project. Jason said the time frame is 30 days.

J. Jones moved to approve the low bid from Owenby Masonry & Construction of Fort Scott in the amount of $32,500 for the Below Grade Restoration project for the Eagle Block and CDL Building. R. Nichols seconded. P. Allen, R. Nichols, L. Watts, and J. Jones voted aye. K. Allen abstained. Motion carried 4-1.

approved the low bid from Owenby Masonry & Construction of Fort Scott in the amount of $32,500 for the Below Grade Restoration project for the Eagle Block and CDL Building.

  1. Consideration to purchase used truck from Fort Scott Auto in the amount of $18,000 for Public Works – Jesse Pohlmann, Public Works Director, informed the Commission that they have found a 2011 GMC Sierra Pickup they would like to purchase. Tom Coffman, City Mechanic, has checked this vehicle thoroughly. It has 228,000 miles on it.

L. Watts moved to approve the purchase of a 2011 GMC Sierra Pickup in the amount of $18,000 for Public Works from Fort Scott Auto. R. Nichols seconded. R. Nichols and J. Jones votes aye. K. Allen and P. Allen both abstained. Motion carries 3-2.

approved the purchase of a 2011 GMC Sierra Pickup in the amount of $18,000 for Public Works from Fort Scott Auto.

  1. Police Department Update – Travis Shelton, Chief of Police, informed the Commission that three weeks ago Shawn Pritchett, who has been our K-9 handler, has resigned and to go to the Sheriff’s Department. He received a letter from Sheriff Bill Martin who asked to purchase the K-9 dog as well as well as the kennel. Chief Shelton said that he agrees with the request and would donate the dog to the Sheriff’s Department. The City would purchase another dog through our drug seizure funds.

R. Nichols moved to approve to donate the dog and kennel to the Sheriff’s Department. L. Watts seconded. All voted aye.

APPROVED TO DONATE THE K-9 DOG AND KENNEL TO THE SHERIFF’S DEPARTMENT.

  1. Human Resource Update – City Manager search – Brad Matkin, Human Resource Director, informed the Commission that he has researched the search for City Manager options. There are three options he has found.

  1. Use Osenbaugh Associates – Cost approximately $11,770

  2. Use of L.E.A.P.S program through the League of Kansas Municipalities at an approximate cost of $13,000

  3. Use City staff to advertise to the League, Linked In, the ICMA Association and other sites at an approximate cost of $1,700.

Brad suggested an interview process to include three community leaders, one City Commissioner and two Human Resource individuals.

L. Watts moved to approve the third option to search for a City Manager. K. Allen seconded. All voted aye.

approved the third option to search for a City Manager.

  1. Disposal of City property – Jesse Pohlmann, Public Works Director, informed the Commission that the City has an old dump truck that needs scrapped. He asked for approval to scrap this old truck.

K. Allen moved to approve to scrap this old dump truck. L. Watts seconded. All voted aye.

APPROVED TO SCRAP AN OLD DUMP TRUCK THAT IS NO LONGER USED.

Reports and Comments:

Commissioner Reports and Comments:

L. Watts – Nothing to report.

R. Nichols – Thanked the downtown cleanup committee for a job well done. He said it was well organized. He also complimented the downtown murals that were painted and how well they look.

He asked the Interim City Manager to look at a City-wide brush removal program where citizens could pile their brush at the edge of the curb and the City would pick it up.

P. Allen – Pete remarked about a letter that he and the Commissioners had been given by a citizen. He said that the streets are not going to be repaired overnight.

Pete asked the Commission if they were committeed to a Street Maintenance program and if they were behind him and all the work he has done.

K. Allen – Kevin remarked that the new City employees are doing a great job.

He also complimented the pothole patcher machine and the employees and that they were doing a good job. He mentioned that a crack filling machine had been discovered at Public Works which will also assist in the street repair.

Kevin brought up the stop sign at 3rd and National and removing it.

Discussion was held regarding a traffic counter.

He made a motion to remove the stop signs at 3rd and National going north and south. P. Allen seconded. K. Allen and P. Allen voted aye. R. Nichols, L. Watts, and J. Jones voted no. Motion denied 3-2.

DENIED MOTION TO REMOVE THE STOP SIGNS AT 3RD AND NATIONAL GOING NORTH AND SOUTH.

J. Jones – Josh asked that the Interim City Manager review the Public Works contract with Earles Engineering.

Josh also asked that dock permit fee at Lake Fort Scott be researched.

Josh asked about the expansion of Municipal Court.

Diane told him that we are waiting on the new books from the League of Kansas Municipalities.

Josh asked about the traffic signals and the delay in the signals.

City Attorney Report and Comments: Nothing to report.

Adjournment:

J. Jones moved to adjourn the meeting at 8:33 p.m. L. Watts seconded. All voted aye.

ADJOURNED MEETING AT 8:33 P.M.

Respectfully submitted,

Diane K. Clay, M.M.C.

City Clerk

FS Commission August 20 Special Meeting

CITY OF FORT SCOTT

SPECIAL CITY COMMISSION MEETING

Minutes of August 10th, 2021 Special Meeting #21

A special meeting of the Fort Scott City Commission was held August 10th, 2021, at 6:00 p.m. in the City Commission Meeting Room, 123 S. Main Street, Fort Scott, Kansas.

ROLL CALL:

Commissioners Kevin Allen, Pete Allen, and Randy Nichols were present with Mayor Josh Jones presiding. L. Watts was absent.

AUDIENCE IN ATTENDANCE: Mark McCoy, Travis Shelton, Brad Matkin, Rachel Thompson, Susan Bancroft and Michael Hoyt.

CONSIDERATION:

  1. Consideration of Interim City Manager Proposed Contract – Mayor Jones said that this agreement had been sent to all Commissioners yesterday. He asked if any of them had any questions.

Randy asked about the renewal period of month to month and if each month it is renewed.

City Attorney said that is correct.

J. Jones made a motion to enter into an employment contract with Mark McCoy as Interim City Manager for the City of Fort Scott. K. Allen seconded. All voted aye.

APPROVED TO ENTER INTO AN EMPLOYMENT CONTRACT WITH MARK MCCOY AS INTERIM CITY MANAGER FOR THE CITY OF FORT SCOTT ON A MONTH TO MONTH BASIS.

ADJOURNMENT:

J. Jones moved to adjourn the special meeting at 6:05 p.m. R. Nichols seconded. All voted aye.

ADJOURNED MEETING AT 6:05 P.M.

Respectfully submitted,

Diane K. Clay, M.M.C., City Clerk