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Category Archives: Government
Bourbon County Commission Minutes of Special Meeting April 16
April 16, 2021 Friday 8:30 am (Special Meeting)
The Bourbon County Commission met in open session for a special Commission meeting, all three of the Commissioners, the County Counselor and the County Clerk were present.
Also present were the following, Anne Dare and Mr. & Mrs. Clint Walker.
Lynne made a motion to go into a 10 minute executive session for KSA 75-4319(b) (2) for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship for possible litigation, the subject to be discussed is BWERKS, the Commissioners will meet in another location and reconvene in the Commission room at 8:44 am, Clifton seconded and all approved (the session included the Commissioners and Justin Meeks). At 8:44 am, Lynne made a motion to return to the Commission room and resume the normal meeting; he said the results of the session were a motion to give Counselor Meeks permission to contact Mr. Reynolds on a BWERKS issue, Clifton seconded and all approved. Lynne made a motion to seek outside counsel to handle any actual or ongoing issues concerning BWERKS, Jim seconded and all approved.
Lynne said that there was a BEDCO meeting last night and BWERKS was on the agenda; he said that BEDCO has been modeled after Thrive Allen County and that the board had voted to incorporate BWERKS into their operation. Lynne said this was proposed by him to transfer BWERKS over to BEDCO. He said that BEDCO will run BWERKS now and after 12/31/2021 they will need to meet again to transfer the BWERKS assets over to BEDCO.
At 8:47, Jim made a motion to adjourn, Clifton seconded and all approved.
THE BOARD OF COMMISSIONERS
OF BOURBON COUNTY, KANSAS
(ss) Lynne Oharah, Chairman
(ss) Jim Harris, Commissioner
(ss) Clifton Beth, Commissioner
ATTEST:
Kendell Mason, Bourbon County Clerk
April 20, 2021, Approved Date
Bourbon County Commission Minutes of April 13
April 13, 2021 Tuesday 9:00 am
The Bourbon County Commission met in open session with all three Commissioners, the County Counselor and the County Clerk present.
Also present were the following, (some were present for a portion of the meeting and some were present for the entire meeting); Jason Silvers with the Fort Scott Tribune, Mr. & Mrs. Clint Walker, Susan Bancroft, Bill Martin, Ben Cole, Mark McCoy, Anne Dare, Kim Simons and Mary Pemberton.
Clifton made a motion to approve the minutes from the previous Commission meeting, Jim seconded and all approved and signed the minutes.
Lynne made a motion to approve a culvert permit for Dale Bollinger on Grand Road, Jim seconded and all approved.
Eric Bailey reported they had hauled off scrap metal from the Landfill last week. He said he is getting some interest in the telephone poles there.
Eric said they were doing pothole patching last week on Maple as well as in the Garland area, he said they will be doing this on Maple west of 3 Highway today.
Eric discussed the low water crossing at 60th & Grand; he said they replaced the metal tube, they are putting rebar in and poured the footing and slab there.
After repairs were made, they are crushing at the Beth Quarry again today.
Eric said the bridge west of the 7 & 39 junction is closing this week and KDOT has planned alternate routes; Eric said the County is surveying the roads in case there is excessive traffic on the County roads and damage occurs.
Windmills – Eric said the company is working on 3 & 39 Highway on the South and West side capping the roads, he said they are 20+% complete. Eric said there was a dust issue this morning and said water was being put down on the roads and they were getting the trucks to slow down. He said on 20th North of 39 Highway they are seeing some rutting. The company has been cleaning dirt and mud off of the roads.
Eric said he has located some trucks on Purple Wave to replace the one that was wrecked; the Commissioners questioned the kind, miles, year of the trucks, Eric said he would find out the data.
Jim said the County did a great job working on a ditch he reported; Jim said he has been emailing or texting road issues to Eric and said Eric is doing a good job fixing the problems.
Eric said they have been ditching @ 105th & Quail Road.
Lynne reported water going through the road in an area of Unity ½ mile west of 105th.
Lynne said he would like to set up a group of individuals to work with him and others including Rene’ Ludwick to identify activities for under privileged kids; Clifton thought it was important to involve Tom Robertson from Buck Run in this and Jim suggested involving the school counselors in this. Jim said he had his blessing to pursue this.
Lynne said he would be working with SEK Regional Planning Commission regarding the CDBG grant.
Jim Harris said the Consolidate Rural Water District #2 had contacted him requesting assistance with a grant, Jim made a motion for Lynne to contact BEDCO for help with the application process and said they were in support of the grant application for Rural Water District #2, Clifton seconded and all approved.
Lynne discussed the approximate $90,000 bill for the repairs to the front steps of the Courthouse; Lynne asked if they wanted to pay this out of General or out of the 1 cent jail sales tax, Justin verified that they could use the jail sales tax for this expense. Clifton suggested if they have other money in the General fund to use they should use it instead of using the jail sales tax money. Clifton made a motion to pay the bill out of the General fund, Jim seconded and all approved.
Lynne said he had received phone calls regarding the SEK Multi County Health Department; he said the other 3 counties that are a part of the SEK Multi County Health Department are staying with the SEK Multi County Health Department and said if Bourbon County didn’t stay they wouldn’t be able to do this since rely on the money from Bourbon County’s participation. Jim said he didn’t think Bourbon County wanted to abandon the Health Department, but questioned if anyone had ever done a study to do a stand-alone health department on our own? Clifton suggested this cost would be well over $200,000. Clifton said CHC had been working to try to provide this service to us, Jim said a lot of people use the Multi County Health Department for health services and said he didn’t want to cut any services for the residents. Lynne recommended that Bourbon County continue with SEK Multi County Health Department as it is and said the contract with them comes up in May. Clifton asked if the County was going to allow CHC to do a presentation, Lynne said they can, he suggested that Clifton contact CHC and to schedule them for a presentation on next week’s agenda.
Lynne made a motion to go into a 15 minute executive session for KSA 75-4319(b) (2) for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship regarding possible litigation, the Commissioners will meet in another location and reconvene in the Commission room at 9:40, Jim seconded and all approved, (the session included the Commissioners and Justin Meeks). At 9:40, Lynne made a motion to come out of executive session and resume the normal meeting, Clifton seconded and all approved. Lynne made a motion that they have a special meeting on Friday, April 16th at 8:30 am regarding BWERKS, Jim seconded and all approved.
Justin Meeks discussed the tax sale, he said they have filed 50 petitions in the last two days. He said they may need to have more than one tax sale this year and said once the petition is filed the owner would have to pay all of the back taxes to redeem their property.
Public Comment: Anne Dare said a patron had contacted her and questioned if the Commissioners had ever considered using online sources for HR issues; she said this would be an unbiased person. Anne gave the Commissioners a report from KOAM regarding American jobs plan, she said they rated each state and Kansas received a grade of “C”. She question who Rene’ Ludwick was; Lynne said she is from here and does social work. Anne said she contacted the SEK Multi County Health Department and asked them for a total number of people who had been vaccinated against COVID in Bourbon County; she said they couldn’t answer this since others are also offering the vaccine in Bourbon County, she said someone should know this number. Clifton said people giving this vaccine would report to KDHE and said KDHE is responsible for giving this number out.
Susan Bancroft said the appraiser had extra money left in the 2020 budget and asked that it be moved to the appraiser capital outlay fund; Jim made a motion to allow the appraiser to work with Susan to move the $20,000 from the 2020 appraiser budget to the capital outlay fund, Clifton seconded and all approved.
Susan said she is getting close to having the County ready for the 2020 audit.
Bill Martin requested a place be put on the agenda to allow elected officials to come before the Commission board. Bill asked if the County could use a teleconference call instead of coming in to see the Commissioners, Lynne said they would have Shane Walker set this option up. Bill discussed the HR position that has been discussed; he said he has heard the comment of paying 60-80,000 for an HR person; he said he would be sending some of his staff to HR training and suggested paying them additional money for the added extra HR jobs. Bill said he has over 100 HR directors – referring to the other Sheriff’s in the State that rely on each other with HR issues. Lynne asked that a place for elected officials to meet with the Commissioners be placed on each agenda prior to the County Counselor Comment. Susan said that CrawKan can provide the County with an option to have conference calls for the Commission meeting and said that KCAMP offers a lot of HR resources. She said it requires extensive training to get certified in HR.
Mary Pemberton said she would like the Commissioners to expand on an issue previously discussed; she said it was stated that the only way to reduce the mill levy is to increase the valuation. She discussed the past increases in the valuation and said at times they have kept the same mill levy, meaning that peoples taxes are increasing, even though the mill levy wasn’t increased. Mary said she would send data to the Commissioners about this. Mary said when the PILOT money was previously discussed it was told it would reduce the mill levy, she said she has heard the Commissioners say (when discussing how to pay for something) they could use the PILOT money. She encouraged the Commissioners to use the PILOT money to help lower taxes.
Bill Martin suggested asking the EMS, Sheriff and Emergency Management what equipment they needed to make their job more efficient and then use the PILOT money for this. Bill said it would cost $50,000 to replace the aging video equipment in his department. Jim said they are getting close to starting the budgeting process and said their goal is to lower the mill levy.
Commissioner Comment: Jim said last week it was requested that he contact KDHE regarding the old landfill site. He said the wells on this land must be tested until 2039. Lynne questioned if the land could be built on, Jim thought it could and said the owner would have to do drilling, Clifton asked who was responsible for the testing, the County or the new owner, Jim said KDHE said if the County sold the land they would transfer the testing to the new owner. Jim said he would contact KDHE for more details.
Jim made a motion to suspend the meeting until 10:30, Clifton seconded and all approved.
The Commissioners attended a KOMA ZOOM video training with the Kansas Attorney General’s office. Phillip Michael presented the following data… “Kansas Open Meetings Act
K.S.A. 75-4317 et seq.
KOMA issues/concerns
Executive sessions
Improper motions for executive sessions
Calling an executive session for one reason/subject, then discussing
different subject matter in session
Inclusion of non-Commission/Council members in executive sessions
Extending an executive session without reconvening the open meeting,
making a motion and voting
Failure to return to open meeting at the stated time/place after
executive session
Revealing information discussed in executive session
Serial communications
Majority of membership of public body gathered together without notice
Failure to provide notice of meetings
History of open meetings
K.S.A. 19-218 – Every board of county commissioners “shall sit
with open doors, and all persons conducting in an orderly
manner may attend their meetings. . . .”
First adopted in 1868; last amended in 1923
KOMA adopted in 1972; provides rules that allow members of
the public to observe the nearly 4,000 units of government in
Kansas making decisions
Policy, construction, purpose
K.S.A. 75-4317(a) – Meetings shall be open to the public
because “a representative government is dependent upon an
informed electorate. . . .”
Law enacted for the “public benefit,” so construed broadly in
favor of the public to give effect to its specific purpose of
openness. State ex rel. Murray v. Palmgren, 231 Kan. 524,
Syl. ¶ 4 (1982)
KOMA interpreted liberally and exceptions applied narrowly to
carry out purpose
Who is subject to KOMA?
All legislative and administrative bodies and agencies of the
state and political and taxing subdivisions thereof, and other
subordinate groups thereof receiving or expending and
supported in whole or in part by public funds
K.S.A. 75-4318(a)
“Subordinate groups” – not defined; if created by a covered
entity or the group has become an extension of a covered
entity, most likely covered
Who is subject to KOMA?
State bodies
State Legislature, its committees and subcommittees unless the rules
state otherwise
State administrative bodies, boards and commissions
State Board of Regents
Supreme Court nominating commission
Local Governments
Cities, counties and townships
School districts
Fire districts
District judicial nominating commission
Who is not subject to KOMA?
Any administrative body when exercising a “quasi-judicial”
function – K.S.A. 75-4318(g)(1)
Hearings conducted under the Kansas Administrative Procedures
Act (KAPA) – K.S.A. 77-523(f); K.S.A. 75-4318(g)
Judiciary
Private organizations
Staff meetings of a covered entity
What is a meeting?
Any gathering or assembly in person, through the use of a
telephone, or any other medium for interactive
communication
By a majority of the membership of a public body or agency
subject to the act
For the purpose of discussing the business or affairs of the
public body or agency
K.S.A. 75-4317a
Gathering or assembly
May conduct meetings by telephone or other medium
(conference call, video, skype, go to meeting, WebEx) if comply
with all KOMA requirements
Informal discussions before, after or during a recess of a public
meeting may be subject to the KOMA
Name of the gathering is irrelevant
Majority of the membership
Next whole number greater than one-half the total number of
members
Can be different than a quorum
Discussion
Binding action or voting not necessary
Meeting includes all gatherings at all stages of the decision
making process
Social gatherings
Retreats and meetings held in private
Educational conference/seminar
Tip – when traveling to such meetings, advise members of
public body to avoid discussing business or affairs
Notice
KOMA does not require notice of meetings to be published in a newspaper or
on a website
Must request notice of meetings
No formalities to requesting notice – can be verbal or written
A request is valid for one fiscal year
Must notify of expiration before terminating notice
Presiding officer has duty to provide notice, but duty may be delegated
Provide date/time/location where public body will meet to person requesting
notice a “reasonable time” before meeting
Group request for notice – provide to designated individual
K.S.A. 75-4318(b)
Example
Six member city council plus mayor
Mayor and four council members attended a Town Hall meeting
Mayor and four council members discussed city business
including concerns over utility increases, a new parking lot and
rumors
No notice to those who requested notice of all city council
meetings
Violation?
Example
Yes, a KOMA violation occurred
Met the definition of a meeting
Failed to provide notice of the date, time and place of the
meeting
Penalty
Obtain at least one hour of KOMA training
Individually pay the cost of obtaining training
Not engage in any further violations
Penalties
Civil penalty up to $500 for each violation paid by each
individual member of the public body who knowingly violates
Require completion of AG approved training
Order to cease and desist from further violation
Comply with the KOMA
Reasonable expenses, investigative costs and attorney fees
“Serial communications”
Interactive communications outside of a noticed meeting may be a meeting
under KOMA if:
Collectively involve a majority of the membership of the public body or
agency
Share a common topic of discussion
Are intended by any or all participants to reach an agreement on a
matter that requires binding action to be taken by the public body or
agency
K.S.A. 75-4318(f)
Emails, calling trees, use of an agent (staff member)
Tip – DO NOT REPLY ALL, DO NOT FORWARD
Meeting conduct
KOMA does not address meeting procedures
Agenda
Not required to create
Any agenda must include topics planned for discussion (if
known) but may be amended during a meeting unless a
statute or rule prohibits an amendment
Must make agenda available to any person requesting the
agenda
Agenda does not have to be mailed out in advance of meeting
– may simply place the agenda in a public place
Meeting conduct
Use of cameras, photographic lights and recording devices
Public may record meeting as long as not disruptive
Use subject to reasonable rules to ensure orderly conduct of
the meeting
No public right to speak, but only to listen and observe
Location of meeting – is it accessible to the public?
No secret ballots
Minutes – only required to record motion to go into executive
session, but bylaws, ordinances, policies, etc., may require
minutes to be kept
K.A.R. 16-20-1
Compliance with the Kansas Open Meetings Act during an
emergency declaration.
Applies to the use of electronic medium of communication to
conduct an open meeting
When the public body is meeting electronically only
When the public body is meeting in person, but the public is
not allowed to attend the meeting in person
What does a public body need to do to comply with the KOMA
Executive sessions
Permits discussion of certain enumerated matters outside of
public view
An open meeting must be convened first and then recess into
executive session
The KOMA does not allow an executive session to be extended
or ended early
No binding actions may be taken in an executive session, but a
consensus is allowed
If a consensus is achieved, an open and formal vote must be
taken in open session
Example
City Council held a special meeting. During the special meeting,
the council recessed into executive session. While in executive
session, the council reached a consensus to terminate the
employment of a City employee.
While in executive session, the council told the employee they
were terminated and to collect their belongings and leave.
Thereafter, the council resumed its public meeting, but failed to
hold a public vote to terminate the city employee’s
appointment.
Violation?
Example
Yes, a KOMA violation occurred
Yes, the council took binding action during its executive
session
Penalty
Obtain at least one hour of KOMA training
Not engage in any further violations
Executive sessions
Must be a formal motion seconded and carried; Complete
motion recorded in the minutes
Each executive session requires a complete motion recorded in
the minutes
Parts of the motion for executive session:
Statement of the subject(s) to be discussed (without
revealing confidential information)
Justification (from the statute)
Time/place open meeting will resume
K.S.A. 75-4319
Who may attend?
Only members of the public body
Mere observers may not attend
Staff, agents or other non-public body individuals have no right
to attend
Public body may invite individuals who will:
Aid the discussion
Provide information on a permissible topic or participate in
the discussion
Executive sessions
Commonly used justifications:
Personnel matters of non-elected personnel
Consultation with the public body’s attorney
Employer – Employee negotiations
Data relating to the financial affairs or trade secrets of corporations,
partnerships, trusts, and individual proprietorship (economic
development)
Matters affecting a student, patient or resident of a public institution
Preliminary discussions relating to the acquisition of real property
Security measures
K.S.A. 75-4319
Executive sessions
Justification allowed:
Personnel matters of non-elected personnel
To protect the privacy interests of the employee
Does not include independent contractors, appointments to
boards or committees, or public officers
May discuss applicants for employment
K.S.A. 75-4319(b)(1)
Executive sessions
Justification allowed:
Consultation with the body’s attorney
The attorney must be present
The communication must be privileged
No third parties may be present (breaks privilege)
K.S.A. 75-4319(b)(2)
Executive sessions
Justification allowed:
Employer-Employee negotiations
For the purpose of formal negotiations – not general
employee meetings or discussions
School boards have special rules
K.S.A. 75-4319(b)(3)
Executive sessions
Justification allowed:
Data relating to the financial affairs or trade secrets of
corporations, partnerships, trusts, and individual proprietorship
Called the economic development exception
K.S.A. 75-4319(b)(4)
Executive sessions
Justification allowed:
Matters affecting a student, patient or resident of a public
institution.
With this justification, any hearing must be open if
requested by the person involved
K.S.A. 75-4319(b)(5)
Executive sessions
Justification allowed:
Preliminary discussions relating to the acquisition of real
property
Acquisition only – not sale
Remember – no binding action in executive sessions
K.S.A. 75-4319(b)(6)
Executive sessions
Justification allowed:
Security Measures
Open discussion would jeopardize security measures that
protect infrastructure and the public; includes intelligence
information, tactical plans, resource deployment and
vulnerability assessments
K.S.A. 75-4319(b)(13)
After the training, Justin said he would collect any questions the Commissioners had and send it to the Attorney General’s office for answers.
At 11:24, Jim made a motion to adjourn, Clifton seconded and all approved.
THE BOARD OF COMMISSIONERS
OF BOURBON COUNTY, KANSAS
(ss) Lynne Oharah, Chairman
(ss) Jim Harris, Commissioner
(ss) Clifton Beth, Commissioner
ATTEST:
Kendell Mason, Bourbon County Clerk
April 20, 2021, Approved Date
Governor Signs 26 Bills
Governor Laura Kelly Signs Several Pieces of Bipartisan Legislation into Law
TOPEKA – Today, Governor Laura Kelly signed 26 pieces of bipartisan legislation into law.
“Today, I signed 26 bipartisan bills that will help everyone from Kansas veterans, to businesses, to farmers, to our infrastructure and our environment,” Governor Laura Kelly said. “This is the kind of success that can be achieved when we work together – not as Republicans or Democrats – but as Kansans. I want to thank my colleagues in the legislature, on both sides of the aisle, for their efforts.”
HB 2021 authorizes the Kansas Development Finance Authority (KDFA), on and after July 1, 2021, to issue bonds, not to exceed $10.5 million, for the purpose of financing the construction of a state veterans home facility located in northeast Kansas, including, but not limited to, in Douglas, Jefferson, Leavenworth, Shawnee, and Wyandotte counties.
Senate Sub. for HB 2074 enacts the Technology-enabled Fiduciary Financial Institutions Act (Act), which will be part of and supplemental to Chapter 9 of the Kansas Statutes Annotated (the Kansas Banking Code). On July 1, 2022, the bill requires the State Bank Commissioner issue a charter to The Beneficient Company and establish a fidfin fiduciary institution pilot program with an economic growth zone designated in Harvey County. The bill also establishes an income and privilege tax credit beginning in tax year 2021 for trust banks in an amount equal to such fiduciary financial institution’s qualified charitable distributions during such taxable year if the trust bank maintained such fiduciary financial institution’s principal office in an economic growth zone.
Senate Sub. for HB 2102 updates the Kansas Egg Law regarding repackaged eggs.
HB 2114 creates the Kansas Senior Care Task Force, creates and amends law regarding elder and dependent adult abuse multidisciplinary teams, and amends law regarding abuse, neglect, or financial exploitation of adults.
HB 2143 modifies law related to sales tax.
Senate Sub. for HB 2201 modifies certain provisions related to the Eisenhower Legacy Transportation Program (Eisenhower Program).
HB 2203 establishes the Asbestos Remediation Fund (Fund). The bill also requires the Secretary of Health and Environment (Secretary) to remit all moneys received from the following sources to the State Treasurer, to be credited to the Fund:
- Permit and approval fees related to the Asbestos Control Program;
- Moneys recovered by the State under the provisions of the Asbestos Control Act (Act), including administrative expenses and moneys paid under any agreement stipulation, or settlement; and
- Interest attributable to investment of moneys in the Fund.
The bill requires moneys in the Fund to be expended only for the purpose of administering the Act, including funding of a technical and environmental compliance assistance program.
HB 2243 makes several changes to law governing the Kansas Public Employees Retirement System (KPERS or the Retirement System) pertaining to a study performed by the KPERS Board of Trustees, authorization of the allotment for the KPERS Death and Disability Program and a moratorium on payments in FY 2021 by all employers, provisions in the Kansas Deferred Retirement Option Program (DROP) Act relating to participating members’ election and extension of their DROP periods, and administration of certain KPERS benefits and the application of certain federal Internal Revenue Code provisions on the Retirement System (“guidepost” section).
HB 2244 amends the Commercial Industrial Hemp Act (Act) to transfer registration and regulation of industrial hemp processors from the Kansas Department of Agriculture (KDA) to the State Fire Marshal (Fire Marshal). The bill also amends law regarding the disposal of industrial hemp; the definition of “hemp products”; marketing, selling, or distributing hemp products unlawfully without registration or licensure; and an exception for transportation of industrial hemp between producers and processors.
HB 2254 increases the monetary cap on irrevocable prearranged funeral agreements, contracts, or plans, on and after July 1, 2021, to $10,000, which will increase in an amount equal to the average percentage increase in the Consumer Price Index each year. The bill also amends the documentation a licensed crematory operator or crematory operator in charge is required to receive, prior to the cremation of any dead human body, to only a completed and executed coroner’s permit to cremate, if required under the Uniform Vital Statistics Act (Act).
HB 2390 reviews, amends, and adds exceptions to the Kansas Opens Records Act (KORA) and creates and amends law regarding the filing of fraudulent liens.
HB 2391 amends law related to the Office of the Secretary of State. The bill revises and updates certain provisions pertaining to business and other related filings and repeals obsolete laws.
HB 2405 authorizes the Kansas Development Finance Authority (KDFA) to issue bonds, in one or more series, in an amount not to exceed $500.0 million, plus all amounts required to pay the costs of issuance. Proceeds from those bonds must be applied to the unfunded actuarial pension liability (UAL) of the Kansas Public Employees Retirement System (KPERS). The interest rate of those bonds may not exceed 4.3 percent. Bonds may not be issued without approval of the State Finance Council, which may give approval while the Legislature is in session. The bonds issued and interest owed would be an obligation of KDFA and not KPERS. The bonds issued would not be considered a debt or obligation of the State for purposes of the Kansas Constitution. The Department of Administration and the KDFA would be permitted to enter into contracts to implement the payment arrangements after the bonds are issued.
HB 2408 authorizes and directs the Executive Director of the Kansas Historical Society (KSHS), on behalf of the KSHS, to convey by quitclaim deed a 9.86 acre parcel of land in Doniphan County to the Iowa Tribe of Kansas and Nebraska.
House Sub. for SB 26 updates statutes related to the regulatory authority of the Kansas Corporation Commission (KCC) with regard to motor carriers.
SB 36 amends procedures related to certain vehicle identification number (VIN) checks and transfer of ownership of certain salvage vehicles; prohibits a motor vehicle from being towed out of Kansas without the consent of the driver or owner of the vehicle; and makes technical changes, including changes to remove outdated language.
SB 38 establishes a pesticide waste disposal program and adds and amends law regarding the roles of the Division of Conservation (Division) within the Kansas Department of Agriculture (KDA) and the State Conservation Commission (Commission).
SB 67 creates law regarding the right-of-way for funeral processions and for certain vehicles involved in utility repairs.
SB 95 amends a requirement regarding odometer readings upon assignment of a vehicle title and amends the definitions for “all-terrain vehicle” (ATV) and “recreational offhighway vehicle” (ROV).
SB 103 amends the Kansas Power of Attorney Act (Act) to state a power of attorney executed on or after July 1, 2021, is deemed sufficient if in substantial compliance with the form set forth by the Judicial Council, and the bill directs the Judicial Council to develop such form. The bill states the amendments made by the bill shall apply prospectively and shall not affect the validity of a power of attorney executed prior to July 1, 2021.
SB 106 enacts the Revised Uniform Law on Notarial Acts (RULONA) and repeals the Uniform Law on Notarial Acts (ULONA), as well as other current laws regarding notaries. Throughout RULONA, some provisions from ULONA and other current law are continued, reorganized, or updated without substantive changes. The bill also updates references to ULONA in other areas of statute. This summary sets forth the RULONA structure and notes provisions containing substantive changes or additions to ULONA and other current law provisions.
SB 107 enacts the Uniform Fiduciary Income and Principal Act [UFIPA] and repeals the Uniform Principal and Income Act (1997) [UPIA]. Throughout the UFIPA, some provisions from UPIA are continued, reorganized, or updated without substantive changes. The bill also amends one statute within the Kansas Uniform Trust Code (UTC). This brief summarizes the UFIPA structure and notes provisions containing substantive changes or additions to UPIA provisions.
SB 122 amends various sections within the Kansas Rules of Evidence (Rules).
SB 142 requires an operator of any watercraft vessel to require every person on such vessel age 12 or younger to wear a U.S. Coast Guard-approved personal flotation device while aboard or being towed by a vessel unless the person is below decks or in an enclosed cabin. The bill requires the Secretary of Wildlife, Parks and Tourism to promulgate rules and regulations regarding required personal flotation devices. Currently, regulation of personal flotation devices is set in statute.
SB 143 updates and rearranges definitions regarding grain and grain warehouses, clarifies when applications for licenses should be made, removes a reference regarding an independent public accountant, clarifies the fee for a functional unit license, increases the caps for storage fees, and increases the allowable examination period for grain warehouses.
SB 178 amends provisions in the Kansas Banking Code governing organization and supervision to permit a national bank, federal savings association, or federal savings bank to convert to a state trust company. The bill also permits a trust company to convert its charter to one of the above-named financial institutions.
Military Family Bill Signed by Governor
Governor Laura Kelly Signs Military Family Bill
TOPEKA – Today, Governor Laura Kelly signed a bipartisan measure to help keep veterans and their families living and working in Kansas.
House Bill 2066, the Occupational License Reciprocity bill, provides License Reciprocity – recognition of a license gained in one state by another, in this case Kansas – to military spouses and all Kansans. The bill was signed into law by Governor Kelly in a public ceremony on Wednesday afternoon.
“This bill is a win-win for our veterans and military families and our continued economic recovery following COVID-19,” Governor Laura Kelly said. “By providing Occupational Licensing Reciprocity, this bipartisan legislation will benefit our state’s military community, help our employers who rely on licensing for hiring, and spur economic growth statewide.”
HB 2066 expands the existing law to make it easier for military spouses from other states to use their professional licenses in Kansas by expediting key elements of the licensing process.
Occupational Licensing has grown rapidly in the U.S., with nearly 25% of all Americans relying on a license for employment. As each state has developed its own set of guidelines for each license, transferability of licensing has become expensive and time consuming unless a reciprocity program is in place.
“Our state’s Framework for Growth is clear: Kansas is facing a significant working-age population decline,” Lieutenant Governor and Commerce Secretary David Toland said. “Transferable occupational licensing and eased requirements on license reciprocity for military spouses represent a creative approach to making sure our state is able to accommodate as many professionals as possible. Kansas veterans are unmatched in their conviction and professionalism, and we should do everything we can to keep them and their families in our state. Thank you to Representative Croft, our other partners in the Legislature and Governor Kelly for making this happen.”
To read HB 2066, click here.
Harper Retires As Bronson City Clerk After 34 Years Service
Ellen Harper has seen many changes since she began working as the Bronson City Clerk, in Oct. 1986, over 34 years ago.
“Government is constantly changing,” she said. “There’s a lot more demands and red tape. Technology has advanced, I’ve gone from paper and pencil to everything computerized. Even community has changed, it’s difficult seeing the struggles a small town faces trying to survive, businesses and organizations closings, but I’ve been involved in assisting with many positive projects to keep our town viable with upgrades to our utility systems, streets, parks, a new fire station, community center, and library.”
Her duties have included ‘just about everything!” she said. “I always said, I couldn’t decide if I wanted to be an accountant, teacher, or do social work, and being a city clerk you do all that and more.”
“It’s not just sending out utility bills and answering the phone,” Harper said. “There are so many different aspects to the job. You work with the governing body, keep records, ordinances, accounting, utilities, human resources, reporting, court records, take citizen’s complaints -that’s a tough one-and anything else necessary to serve the community. I’ve learned that with the government you never learn everything and what you do, they change it. You have to do the best you can and accept you can’t please everyone.”
“Working in public service is challenging and sometimes you deal with adverse situations,” she said. “I enjoy meeting people and being part of helping the community on a local level, but I’ve also met many great people through the state agencies I’ve worked with and colleagues from other cities throughout the state. We have some great state organizations to help us grow personally and professionally and just be there to help each other out.”
Harper pursued her career because she needed a job, but it became so much more, she said.
“This was close to home while raising our children, but it became so much more,” Harper said. “I grew up here and I care about the community.”
Fort Scott City Clerk Diane Clay sent the news tip of Harper retiring.
” We both attended the Wichita State University City Clerk School and graduated together in 2003,” Clay said. “We have attended numerous city clerk functions and trainings together as well as many court clerk trainings. We have traveled together to many trainings and I enjoy her company.”
Harper has been a member of the City Clerks and Municipal Finance Officers Association of Kansas, the International Institution of Municipal Clerks from which she obtained a Municipal Clerk Certification, and a member of the Kansas Association for Court Management, she said.
She is also involved in her community.
“I was a volunteer member of the Bronson Fire Dept., which later became Bourbon County District 3,” she said. “I’ve helped organize activities and fundraisers and volunteer time and labor in refurbishing our park. I’m a member of the Bronson United Methodist Church in which I hold several positions.”
Following her retirement on April 16, Harper is looking forward to more free time with family and friends, gardening, and traveling.
In addition, “‘ll be riding the trails and sand dunes in our RZR and taking trips on our trike.”
The Bronson City Council had a retirement luncheon for Harper on April 14, which was open to the public.
“She knew what she was doing and did it patiently,” said longtime council member Geraldine Reeder of Clerk Harper. “She put in all in her job, she just did.”
Legislative Update by State Senator Caryn Tyson
April 16, 2021
Governor Vetoes Tax RELIEF that would Slow Government Growth
It is not a surprise but disappointing the Governor vetoed Senate Bill (SB) 50. The bill would provide some RELIEF for Kansas taxpayers by allowing them to keep more of their hard-earned money. There were several items in the bill. There are too many to list but here are a few key items. It would give Kansas taxpayers the option to itemize whether they itemize on their federal return or not. The bill would also increase state standard deductions by $500 so individual deductions would increase to $3,500 and married filing jointly to $8,000. It also would allow a deduction on money spent on business meals. Additionally, it would allow net operating losses to be carried forward and would allow all to expense tangible property deductions, something corporations in Kansas can already do. It would also extend the corporate filing deadline by 30 days past the IRS deadline.
The Governor called the bill “irresponsible”. Since when is it irresponsible to lower the tax burden for Kansans, especially since taxes collected from July 2020 to March 2021 are up $232.8 million above estimates. The Department of Revenue estimates that SB 50 will decrease taxes collect by $94 million. The responsible action would be to make SB 50 the law decreasing taxpayers’ burden, especially with the hardships they have faced this past year. There will be an attempt at a veto override in early May when the legislature returns to Topeka.
Unemployment
The Kansas unemployment system has been one of the largest mismanaged disasters in Kansas. It did not happen overnight. It has been building for years and when the Governor shut down most businesses last year, the system that had been a failure became a complete disaster. Over the years the legislature has allocated money to update the system, but it was never completed. Kansas had one of the highest numbers of known fraudulent unemployment applications in the nations. The unemployment funds have been depleted and businesses that pay unemployment tax were looking at major increased payment obligations.
Senate Substitute for House Bill (Sen Sub HB) 2196 addresses all these issues. Representative Sean Tarwater lead the effort and I was glad to help. We spent many hours on this legislation. It is unique because we were trying to mandate a new unemployment system. The bill establishes an oversight council that is a major stakeholder in the project to help keep the system update on target. The bill also changes the tax table for businesses and shores up funds with federal corona virus relief aid. The bill passed both chambers unanimously.
It is an honor and a privilege to serve as your 12th District State Senator.
Caryn
FS Street Advisory Board Meets April 22
The Street Advisory Board will meet on Thursday, April 22nd, 2021 at 4:00 p.m. at the City Commission Meeting Room at 123 S. Main Street. This meeting is open to the public.
This meeting will be made available via the City’s you tube channel at City of Fort Scott.
FS Design Review Board Meets April 21
The Design Review Board will meet on Wednesday, April 21st, 2021 at 3:00 p.m. in the City Hall Commission Meeting room at 123 S. Main Street, Fort Scott, Kansas. This meeting will be held to consider the signage on the north and south walls at the Unsung Heroes Park and any other matters that may come up before the Board.
This meeting will be made available via the City’s you tube channel at City of Fort Scott.
Kansas Governor Signs 10 Pieces of Legislation
Governor Laura Kelly Signs Several Pieces of Bipartisan Legislation
TOPEKA – Governor Laura Kelly today signed several bipartisan bills that will implement meaningful changes for Kansans, communities, and businesses.
HB 2071, as amended, would amend the definition of the crime of stalking to include intentionally engaging in a course of conduct targeted at a specific child under the age of 14 that would cause a reasonable person in the circumstances of the targeted child, or a reasonable person in the circumstances of an immediate family member of such child, to fear for such child’s safety.
HB 2085 creates the Students’ Right to Know Act, which requires the Kansas State Department of Education (KSDE) to ensure the distribution, electronic or otherwise, of certain information to all students in grades 7 through 12. Information to be distributed will include:
- The State Board of Regents degree prospectus information;
- The placement and salary report of the Kansas Training Information Program;
and - Any other information relevant to students’ understanding of potential earnings as determined by the Department of Labor and each branch of the armed services of the U.S. military.
The bill also authorizes KSDE to enter into memorandums of understanding and other agreements with state agencies or other entities as needed to accomplish this task.
HB 2101 extends the current transfer of the first $10.5 million credited to the Expanded Lottery Act Revenues Fund (ELARF) from ELARF to the Kan-grow Engineering Fund – KU, the Kan-grow Engineering Fund – KSU, and the Kan-grow Engineering Fund – WSU with each fund receiving equal amounts of $3.5 million in each fiscal year, for FY 2023 through FY 2032. The transfer first occurred in FY 2013 and is currently scheduled to end with the transfer in FY 2022.
HB 2165, as amended, would amend the definition of an antique vehicle for purposes of vehicle registration.
HB 2167, as amended, would add two exceptions to law requiring a license plate to be attached to the rear of a motor vehicle. The bill would allow concrete mixer trucks the option to display a license plate on the front of the vehicle rather than on the rear of the vehicle and would require a dump truck with a gross weight of 26,000 pounds or more to display a license plate on the front of the vehicle. The requirement for a dump truck to display a license plate on the front of the vehicle would not apply to a vehicle registered as a farm truck.
HB 2245, as amended, would add law authorizing the Division of Vehicles (Division), Department of Revenue, to collect emergency contact information and would provide for the use of such information by law enforcement agencies.
HB 2247, as amended, would designate portions of highway in Johnson, Marshall, and Norton counties as memorial highways and would designate certain bridges in Cowley, Riley, and Seward counties as memorial bridges.
HB 2379 enacts the Peer-to-Peer (P2P) Vehicle Sharing Program Act.
SB 16 would amend statutes to remove requirements that the following reports and certifications be provided to the Legislative Division of Post Audit (LPA), the Post Auditor, or the Legislative Post Audit Committee.
SB 89, as amended, would amend law on securing loads on vehicles to create an exemption for trucks, trailers, or semitrailers when hauling agricultural forage commodities intrastate from the place of production to a market or place of storage or from a place of storage to a place of use. The bill would state this exemption would not apply to trucks, trailers, or semitrailers hauling hay bales or other packaged or bundled forage commodities. Continuing law requires securing a load on a vehicle so as to prevent any of this load from dropping, sifting, leaking, or otherwise escaping.
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Fort Scott City Commission Minutes of April 6
CITY OF FORT SCOTT
CITY COMMISSION MEETING
All minutes are unapproved until the next meeting.
Minutes of April 6th, 2021 Regular Meeting #7
The regular meeting of the Fort Scott City Commission was held April 6th, 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 P. Allen, K. Allen, R. Nichols, and L. Watts were present with Mayor J. Jones presiding.
INVOCATION: Associate Pastor Allen Pruitt, Grace Baptist Tabernacle, said a prayer asking God for guidance for the City, our Government and City officials.
AUDIENCE IN ATTENDANCE: Travis Shelton, Russell Lingerfelt, Devin Tally, Michael Mix, Michael Hoyt, Susan Bancroft, Rachel Pruitt, Jon Carpenter, Jenna Campbell, Traci Reed, Bobby Reed, Bill Martin, Scott Johnson, Jason Solomon, Dave Bruner, Peter Earles, Janice Allen, and Allyson Turvey.
PROCLAMATIONS/RECOGNITIONS: Introduction of Jon Carpenter, new Law Enforcement Officer Academy Graduate – Travis Shelton, Chief of Police, introduced Jon Carpenter. He started with the department in August and left for academy in November. He graduated recently from academy. In normal conditions, many from the department, would have attended the graduation. Due to Covid, that is now limited. His family attended his gradation from the parking lot and celebrated with balloons and is very proud of him.
ADDITIONS TO AGENDA: There were no additions to the agenda.
R. Nichols moved to approve the agenda. L. Watts seconded. All voted aye.
APPROVED AGENDA.
CONSENT AGENDA:
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Approval of minutes of the regular meeting of March 16th, 2021 and special meeting minutes of March 23rd, 2021, and March 30th, 2021.
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Approval of Appropriation Ordinance 1285-A totaling $887,464.66.
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Request to Pay – HDR Engineering, Inc – $12,405.00 – Phase II Dam Improvements – River Intake Project
P. Allen said he wished to address the minutes of the last meeting regarding the payment to Pipe Detectives.
City Manager asked Michael Mix to address this topic.
Michael said that they did three taps and then there were 15 hours of specialty removal which were roots mainly. They did make a mistake on their invoice that you saw. It said taps but it was specialty removal and 15 hours worth. That could be some of the confusion. It was just a labeling mistake.
P. Allen said that was approved by him. If the invoice was incorrect, it should have been addressed by Michael. That is false information. We are charged to pay the bills by information given to us.
Michael said that the invoice he signed off on was correct.
Kevin said that we only saw three taps when watching the videos.
Michael said that the finished product is the final inspection of those lines. Every second and minute is recorded. There is over five hours worth of root removal that was given to us.
P. Allen asked if he was guessing on the root removal.
Michael said that there is some amount of trust with a contractor. They did call him up when issues arose.
Discussion was held on documentation of calls.
Michael said that he reviewed all the videos and he believes they did an excellent job and charged us for what they did.
R. Nichols said that he asked the Clerk to document more of his comments under the micro meat packaging plant which she did. They are on their spot at the table.
L. Watts moved to approve the Consent Agenda. R. Nichols seconded. K. Allen, R. Nichols, L. Watts, and J. Jones voted aye. P. Allen voted no. Motion carried 4-1.
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)
Michael Hoyt – Mr. Hoyt handed Bob Farmer, City Attorney, a copy of the United States Constitution. He asked him what the 21st amendment was. He answered that it was a repeal of the 18th amendment allowing the sale of alcoholic beverages.
Bourbon County Commission – This morning at their meeting they have dictated to us how they are going to handle an advisory board for an HR Assistant/Administrator that we are going to share. That’s not the way we do it. We solicit letters of interest and then you vote on them. He doesn’t see why this should be any different on an advisory board shared by the City and the County.
K. Allen said that this is the first he has heard of this.
Mr. Hoyt said that they were speaking on shared services.
City Attorney said until the County notifies us, and we see it in black and white, it’s a pointless discussion.
Scott Johnson – Mr. Johnson said that he appreciates the positive communication with Fire, Police and the Sheriff. He printed off a list of items that he wants out of the Eagle Block building. He doesn’t know what he needs to do to clarify or what needs to be done to get a contract written properly. What he agreed to on record he feels like has not been done. He isn’t trying to backtrack on it but just wants clarification. Also, if there was an interested party, why wasn’t he notified of it. He said the building didn’t need to get to this point and it should be looked into. He left a list of items that he wished to remove from the building at 10 N. National with the City Clerk. He said that he is working on the marina at Lake Fort Scott still. He has been working with Travis Shelton and Dave Bruner on this. He won’t be selling any fuel, tobacco, or alcohol there. Even though it is a City lake, it is on County property. It will be just ice and snacks and things like that.
City Manager Report and Comments: Jeremy Frazier, City Manager, informed the Commission that on March 25th he took part in a guided tour of the First Source building led by Rachel with a local realtor for a prospective new tenant. There could be potential future discussions at which time it would come before the Commission for consideration. He said that the City is blessed to have engaged policy makers, staff, and citizens. In an effort to select a qualified engineering firm, administration organized a committee which included himself, Commissioner Pete Allen, Commissioner Kevin Allen, Susan Bancroft, and Gary Cullor. In addition, he thanked these individuals for serving on this committee for selecting, interviewing, and negotiating the contract for engineering services which he hopes you approve today. He also thanked Leah Bowman for her assistance in checking the engineering background references. He attended a See-Click-Fix kickoff on March 30th. This will begin rolling out in May or June. The meeting outlined the rollout process. He met with Congressman Jake LaTurner and his staff while touring the National Historic Fort along with the Mayor and Park service staff. The Congressman was very gracious and expressed a desire to serve the community of Fort Scott. He attended the Chamber Coffee, grand opening and ribbon cutting on April 1st of Old 54 Cycle. It was a well attended and well organized event. The City appreciates the Chamber’s leadership and work serving the business community of Fort Scott. He met with the Mayor and County leadership to discuss a possible additional School Resource Officer in the schools and also expansion of the baseball field. They also discussed other potential cost sharing ideas for the future. He participated in a guided tour of Lake Fort Scott and thanked Tom Graham, the Lake Patrol Officer. He knows everybody at the Lake. He met with Senator Jerry Moran to discuss needs and goals for the community of Fort Scott. He said that Randy and Kevin both joined him at Labconco this morning. He also met with residents in the area of Nelson Park to discuss drainage and sanitary sewer issues in that area of town that need addressed. The City has several job postings for several positions and urged anyone interested to review and apply for the open positions.
Director Reports: None
Old Business:
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Approval of Ordinance amending Assessment of Mowing Costs from $300.00 to $75.00 – Ordinance No. 3576 – Susan Bancroft, Director of Finance, informed the Commission that this was approved at the last meeting. The ordinance will make it official which will change the mowing assessment from $300.00 per mowing to $75.00 per mowing.
K. Allen moved to approve Ordinance No. 3576 which lowers the mowing assessment from $300.00 to $75.00. L. Watts seconded. All voted aye.
APPROVED ORDINANCE NO. 3576 AMENDING SECTION 8.24.040, ABATEMENT, ASSESSMENT OF COSTS, OF CHAPTER 8.24, WEED CONTROL, OF THE FORT SCOTT MUNICIPAL CODE. LOWERED MOWING ASSESSMENT COSTS FROM $300.00 PER MOWING TO $75.00 PER MOWING.
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Discussion of Golf Course Tiered Memberships – City Manager informed the Commission that the Golf Course Advisory Board met on March 24th, 2021 to discuss the tiered memberships. The Board suggested that Shannon O’Neil collect zip codes from the golfers and bring back to the City Commission in 2022 to gather data. A recommendation can be made at that time.
K. Allen said that he did hear some negative feedback from the players and there is some resistance.
Discussion was also held regarding paying the yearly membership in installments. Susan said that the City’s point of sale system will not allow for that. She said she could explore a different point of sale system if directed to.
Appearances: None
Public Hearings: 6:15 p.m. – Petition for Vacation of the platted 2nd Street East of South Lincoln Street – Approval of Ordinance No. 3577
L. Watts moved to open the Public Hearing at 6:32 p.m. R. Nichols seconded. All voted aye.
OPENED PUBLIC HEARING AT 6:32 P.M.
City Manager asked Ally to address this issue.
Allyson Turvey, Codes Administrator, said she received a petition from a resident to vacate the platted 2nd Street east of South Lincoln Street. There was a map included also on this particular street. The street dead ends between two properties. They found the part of their storage facility was on the City’s easement. Each of the surrounding property owners have signed off on the petition to vacate this alley. This was requested by Mike Rogers and Austin DuVall.
There were no comments from the audience.
R. Nichols moved to approved Ordinance No. 3577 – Vacation of Street. L. Watts seconded. R. Nichols, L. Watts, and J. Jones voted aye. K. Allen and P. Allen both abstained. Motion carried 3-2.
APPROVED ORDINANCE NO. 3577 TO VACATE THE PLATTED 2ND STREET LOCATED EAST OF SOUTH LINCOLN EAST BETWEEN LOTS 11, BLOCK 9, ANDRICK’S ADDITION, AND LOT 1, BLOCK 9, ANDRICK’S ADDITION, AND LOT 1, BLOCK 10, ANDRICK’S ADDITION, TO THE CITY OF FORT SCOTT, KANSAS, MORE COMMONLY KNOWN AS 2ND STREET EAST OF SOUTH LINCOLN STREET.
L. Watts moved to close the Public Hearing at 6:38 p.m. R. Nichols seconded. All voted aye.
CLOSED PUBLIC HEARING AT 6:38 P.M.
New Business:
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Approval of Ordinance No. 3578 – Ordinance authorizing the levy of a .5% Citywide retailer’s sales tax and related matters – City Manager asked Susan to address this issue.
Susan said that this Ordinance approves the ½ cent sales tax that just passed, and it basically is what needs to be sent to the State. There was a revised copy at the table with the definition that stated the purpose of this .5% sales tax.
J. Jones asked if she was 100% sure that it was a general purpose tax and not a special purpose tax. Susan said that she has a letter from the State of Kansas that verifies that and she can provide them with a copy if needed.
R. Nichols moved to approve Ordinance No. 3578 authorizing the levy of a .5% sales tax in the City. L. Watts seconded. R. Nichols, L. Watts, and J. Jones voted aye. P. Allen voted no. K. Allen abstained.
APPROVED ORDINANCE NO. 3578 OF THE GOVERNING BODY OF THE CITY OF FORT SCOTT, KANSAS, AUTHORIZING THE LEVY OF A ONE-HALF PERCENT (0.5%) CITY-WIDE RETAILERS’ SALES TAX AND RELATED MATTERS.
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Consideration of Change Order – Mayco Ace CDBG Project – Rachel informed the Commission that on February 16th, 2021, the City Commission approved the Mayco Ace CDBG Project and authorized the Mayor to sign all pertinent documentation. According to our purchase policy, all change orders have to come to the City Commission for approval. This change order is for $8,500. This will probably not be the last change order due to the condition of the roof. This change order is due to the drop-down ceiling and all the old electrical they found when cleaning this out.
R. Nichols moved to approve the Change Order #1 in the amount of $8,500 for the Mayco Ace CDBG project. L. Watts seconded. P. Allen, R. Nichols, L. Watts, and J. Jones voted aye. K. Allen abstained. Motion carried 4-1.
APPROVED CHANGE ORDER #1 IN THE AMOUNT OF $8,500 FOR THE MAYCO ACE CDBG PROJECT.
Rachel said that there will be another Change Order coming. She asked if they would approve the next Change Order to prevent another meeting contingent upon the State approving it.
City Manager said that he would encourage them to bring the Change Order back to the Commission.
L. Watts asked if this would be holding up the project.
Rachel said that a special meeting would have to be called.
L. Watts made a motion to approve for the Mayor to sign the next Change Order after it is approved at the State level. R. Nichols seconded. R. Nichols, L. Watts, and J. Jones voted aye. P. Allen voted no. K. Allen abstained. Motion carried 3-1-1.
APPROVED FOR THE MAYOR TO SIGN THE NEXT CHANGE ORDER FOR THE MAYCO ACE CDBG PROJECT AFTER IT IS APPROVED AT THE STATE LEVEL.
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Discussion and presentation of importance of water/sewer rate study – Jason Solomon – Kansas Rural Water Association – Jason Solomon, Kansas Rural Water Association, appeared before the Commission to encourage the City to consider using someone for a more advanced water/sewer rate study. Kansas Rural Water Association’s rate study is very general. He recommended Carl Brown as he can give the City a model and an analysis to make decisions in the future. This study can assist with grant funding in the future. It is an important decision for the future. He provided the City with references for Carl Brown and urged them to check him out and his references.
K. Allen asked if we could get a free water rate study from Kansas Rural Water Association.
Mr. Solomon said yes. It would be very basic though and not have a lot of detailed information.
City Manager asked if K.R.W.A. thought our system was too complex.
Mr. Solomon said yes but they can provide a basic analysis for the City.
K. Allen moved to get a free water rate analysis from Kansas Rural Water Association. P. Allen seconded. All voted aye.
APPROVED TO GET A FREE WATER RATE ANALYSIS FROM KANSAS RURAL WATER ASSOCIATION.
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Consideration of Wrecker Rotation Policy – Traci Reed, Dispatch Supervisor, informed the Commission that we have several different towing companies in the City. They serve on a day-to-day rotation basis. They have had several issues with tow companies showing up when it is not their designated day, without proper identification imposed by the State of Kansas, making complaints on another wrecker service, jumping calls, consistencies, and charges. She spoke with the Chief of Police and Sheriff Martin. Sheriff Martin got together a policy and shared it with her. In the past, the City and County have always been the negotiating factor with tow companies. With this policy, if approved, will address all of these situations.
L. Watts asked if it had been approved by the County.
K. Allen said when they had a meeting, one of the topics was storage fees. He asked if this would include a heavy truck like a semi truck.
Sheriff Martin said that he reached out to insurance companies and their adjusters will be on site within a week or less. After that agreement is made, those rates can increase to what they need to be.
K. Allen asked about penalties.
Traci said with the first penalty will come as a certified letter saying an investigation would be started. The Sheriff, Chief of Police, and herself will get together and decide the outcome. There is a written warning, probationary status, or suspension.
Sheriff Martin said a jumping of a call would be a written notice. It would depend on the circumstances. He did say that the County has not signed off on this as this is a question of operations for the Sheriff Department and he does not need Commission approval for that.
K. Allen moved to approve the Tow Rotation Policy. L. Watts seconded. All voted aye.
APPROVED TOW ROTATION POLICY.
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Consideration of Dispatch Contract – Bob Farmer, City Attorney, said that the Bourbon County Commission approved the Dispatch Contract this morning at their meeting. This lease agreement is for ten (10) years and commences on June 1st, 2021 and ends on June 1st, 2031. The City will pay no monthly rent to the County. The City will pay for all repairs to the building and no remodeling will be completed without the County’s approval. He suggested since they have not seen it they could table it at this time.
Discussion was held how quickly they need to proceed with the work they are doing.
L. Watts suggested moving this to the bottom of the agenda and then come back to this item.
J. Jones moved to approve the Dispatch Contract. K. Allen seconded. All voted aye.
APPROVED DISPATCH CONTRACT LEASE AGREEMENT BETWEEN THE CITY AND BOURBON COUNTY.
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Consideration of Contract Mowing Bid – Ally Turvey said the City went out for contract mowing for yards with weeds violations. The bids were opened on March 25th, 2021 at 10:00 a.m. The apparent low bidder is Justin Uhler of Fort Scott in the amount of $17.50 for residential properties and $20.00 for large residential properties. She recommended the low bid for Justin Uhler.
R. Nichols moved to approve the low bid for contract mowing from Justin Uhler. L. Watts seconded. All voted aye.
APPROVED LOW BID FOR CONTRACT MOWING FROM JUSTIN UHLER IN THE AMOUNT OF $17.50 FOR RESIDENTIAL PROPERTIES AND $20.00 FOR LARGE RESIDENTIAL PROPERTIES.
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Consideration of RFP’s – 10 N. National – Ally Turvey said that we had a Land Bank meeting a couple of weeks ago where the Board proposed to go out for RFP’s on the interior demolition of the property at 10 N. National. There was some question at that meeting as to whether the County would be willing to waive dump fees for that project. That is the discussion for tonight.
Susan said that the County cannot waive dump fees. The County Counselor said that the County cannot waive the fees. The City is not doing the interior demolition but it would be a private contractor.
K. Allen said that he thinks we need to look into this and asked Bob Farmer about it.
Bob said that the County controls the dump and we don’t have a say.
J. Jones said that we might as well take the debris down south and save money.
K. Allen said that we want to be able to work with the Commission. We need to come to a reasonable solution.
Ally asked if they are wanting to wait to go out for RFP’s on the interior demolition of this structure until this is decided? This property is ready to collapse, and it has been quite some time.
K Allen said that building has been like that for four or five years.
Ally said that the roof has collapsed and it is becoming more and more dangerous.
Susan said that you can send the RFP with a bid for demolition fees and an alternative bid without demolition fees to the contractors.
L. Watts said that is the direction to go.
Ally said that the Land Bank/City is going to be responsible for the costs of the demolition and the dump fees.
L. Watts made a motion to go out for RFP’s with and without dump fees. R. Nichols seconded. All voted aye;
APPROVED TO SEND OUT RFP’S FOR INTERIOR DEMOLITION OF THE STRUCTURE AT 10 N. NATIONAL WITH DUMP FEES INCLUDED AND WITHOUT DUMP FEES INCLUDED.
(Kevin Allen left the meeting at 7:32p.m.)
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Request to pay – Skitch’s Hauling & Excavation – February invoice – Port-A-Potties – $968.00 – City Manager said this is before them for review and approval.
J. Jones moved to approve the Skitch’s Hauling & Excavation Invoice in the amount of $968.00. P. Allen seconded. All voted aye.
APPROVED SKITCH’S HAULING & EXCAVATION INVOICE FOR FEBRUARY FOR PORT-A-POTS IN THE AMOUNT OF $968.00.
(Kevin Allen returned to the room at 7:35 p.m.)
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Discussion of City fees – Bob Farmer, City Attorney, said that one motion could be made to approve all these fees if desired.
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Municipal Court – Raising from $51.00 to $76.50 (Approval of Charter Ordinance if approved) – With State of Kansas applicable fees the courts costs would be $100.00 total –
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Aquatic Center – Pool Parties – From $100 to $150 per hour
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Buck Run Community Center
Small meeting room – From $15 to $25 for three hours
Large meeting room – From $15 to $35 for three hours
Overnight Transient Storage Fee – Single $10 – Twin $20
After Hours Service Fee – $25.00
Hangar #1 – Increase from $70.00 monthly to $100.00 monthly
Hangar #2 – Increase from $200.00 monthly to $300.00 monthly
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Dog Redemption Fee – Increase from $7.00 to $10.00
J. Jones asked about the hangar fees as he thought it had been approved at the previous meeting.
Susan said that not all of the airport fee increases were included that their Advisory Board had recommended, and she thought if it was all put together again it would make more sense.
R. Nichols moved to approve the increases as shown above. L. Watts seconded. All voted aye.
APPROVED CHARTER ORDINANCE NO. 33 REPEALING CHARTER ORDINANCE NO. 28 OF THE CITY OF FORT SCOTT, KANSAS AND EXEMPTING THE CITY OF FORT SCOTT, KANSAS FROM K.S.A. 12-4112, PROVIDINMG SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT, AND AUTHORIZING THE ASSESSMENMT OF COURT COSTS IN CASES HEARD IN MUNICIPAL COURT OF THE CITY OF FORT SCOTT, KANSAS – RAISES COURT COSTS FROM $51.00 TO $76.50.
Aquatic Center – Pool Parties – From $100 to $150 per hour.
Buck Run Community Center
Small meeting room – From $15 to $25 for three hours
Large meeting room – From $15 to $35 for three hours
Airport – Hangar Spot Rental – From $70 to $75
Overnight Transient Storage Fee – Single $10 – Twin $20
After Hours Service Fee – $25.00
Hangar #1 – Increase from $70.00 monthly to $100.00 monthly
Hangar #2 – Increase from $200.00 monthly to $300.00 monthly
Dog Redemption Fee – Increase from $7.00 to $10.00
(The Commission went back and voted on the Dispatch Lease Agreement – see vote above under Item #5).
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Discussion &/or consideration of two contracts with Earle’s Engineering: City Manager introduced Peter Earles of Earles Engineering.
City Engineering Fees;
Mr. Earles said that he has been in busines about 40 years. They listed the items that they do. They work with cities on many items. They can also help with a water rate study. This contract is for one year at a cost of $4,000.00 per month.
J. Jones asked if the water rate study would be above his monthly rate.
Peter said yes.
Peter Earles said that the City would always get a detailed invoice from their firm. They do not charge for driving time from Pittsburg to Fort Scott. Dave Blessant would be the Project Manager for the City. He is very familiar with Fort Scott.
Public Works Project Manager – City Manager said that the Project Manager would be for a maximum of 4 hours per week at a cost of $85.00 per hour or $340.00 a week for a maximum of $17,680.00 per year.
L. Watts moved to appoint Earles Engineering, Inc. as the City’s engineering firm and as the Public Works Project Manager, R. Nichols seconded. All voted aye.
APPROVED TO APPOINT EARLES ENGINEERNG, INC. AS THE CITY’S ENGINEERING FIRM AND AS THE PUBLIC WORKS PROJECT MANAGER.
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Discussion &/or consideration to award emergency bid of mill and overlay on National from 13th Street to Highway 69 – City Manager informed the Commission that he had a meeting with K.D.O.T. prior to them starting the mill and overlay project here in town. K.D.O.T. informed them that they could piggyback on this project if the City had a desired project in town. He reached out to Bettis Asphalt Company and asked them to give the City a quote. This quote is for $116,350.50. This would cover from 13th and National to Highway 69. He asked them to consider approving this on an emergency basis. The money has to come from somewhere and may affect a street they had selected to be worked on this year if this project is done.
K. Allen said that we will end up with 500 to 700 tons of millings that we can use throughout the City.
P. Allen asked about striping.
Jeremy said that was not included in the bid.
Discussion was held regarding using City equipment and letting the contractor use their own equipment. It was determined to let them use their own equipment.
Discussion was held if Bettis Asphalt could also repair the two blocks on Horton Street. City Manager said that he has asked for a quote from them.
City Manager asked Susan to share the news she discovered today with the Commission.
Susan said that one of her employees discovered a deposit had been made into the City’s account from K.D.O.T. in the amount of $211,000. She found out that it was a K.D.O.T. deposit from an old project on National. She thinks that the federal exchange dollars was finally received as permits were finalized. These funds have to be used for streets.
City Manager said that this could be used for the two blocks on Horton Street.
J. Jones asked if we need to recommend to them to get a performance and payment bond.
City Attorney said absolutely.
City Manager said that the overlay wouldn’t be done until June.
L. Watts moved to approve the quote from Bettis Asphalt in the amount of $116,350.50 to mill and overlay 13th and National to Highway 69. R. Nichols seconded. All voted aye.
APPROVED THE QUOTE FROM BETTIS ASPHALT IN THE AMOUNT OF $116,350.50 TO MILL AND OVERLAY 13TH AND NATIONAL TO HIGHWAY 69 ON AN EMERGENCY BASIS.
Reports and Comments:
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Commissioner Reports and Comments:
L. Watts – Said that she will not be here physically for the next couple of months for the meetings but will be connecting by Zoom and still be participating.
R. Nichols – Said that he knows that budget sessions will be starting soon. He is still focused on the comprehensive plan in terms of strategic plans and economic development and wants to make sure we have funding for those resources also. He would like to be more educated on this. We need to look at all our options.
Thanked the City Clerk for all she does for them.
P. Allen – Said that he was proud that we have an engineer on staff now.
He is going to read what he wrote: He termed it a resolution regarding sanitary sewers, manholes, and funding. He believes it should be the number one priority for the City of Fort Scott to conduct a study of the sanitary sewer collection system by the new engineering firm. He would like a $2,000,000 budget set aside for this.
He believes the study is crucial to the welfare of our City.
City Attorney said that he respects Pete’s comments, but he takes exception and to let there be no question that the City of Fort Scott admits that we are in violation of any State or Federal law. This is Pete’s opinion. If someone wanted to make a case, they could say that he admitted it. No admission by this public body was done here tonight.
City Manager asked if he should be discussing this issue with our engineering firm since he is the only Commissioner to bring this forward.
L. Watts said that we know we only have so many dollars that go around. We need to address the problems of the City.
Peter Earles said that a rate study needs completed first.
K. Allen – Said that the street on 12th Street by 5 Corners is starting to have potholes where the concrete has separated. He asked Jeremy to have someone go and look at it.
North National by bridge – Kevin said that there are potholes north of the North National bridge due to the cattle trucks turning in this area. He asked that Jeremy have the City check this out also. Jeremy said that he met with Paul Ballou who showed him some of those holes also. They have been filled with gravel but probably need a more permanent fix.
Cooper Street – He would like to see Earles get to Cooper Street and get started on this project.
Jeremy said that he is meeting with Evergy tomorrow on this also.
Kevin welcomed Bob Farmer back to the City Attorney position.
J. Jones – Nothing to report.
City Attorney Report and Comments: Nothing to report.
Adjournment:
K. Allen moved to adjourn the meeting at 8:30 p.m. L. Watts seconded. All voted aye.
ADJOURNED MEETING AT 8:30 P.M.
Respectfully submitted,
Diane K. Clay, MMC
City Clerk
Bourbon County Commission Agenda for April 20
Agenda
Bourbon County Commission Room
1st Floor, County Courthouse
210 S. National Avenue
Fort Scott, KS 66701
Tuesdays starting at 9:00
Date: April 20, 2021
1st District-Lynne Oharah Minutes: Approved: _______________
2nd District-Jim Harris Corrected: _______________________
3rd District-Clifton Beth Adjourned at: _______________
County Clerk-Kendell Mason
MEETING WILL BE HELD IN THE COMMISSION ROOM. ANYONE ATTENDING THE MEETING WILL BE REQUIRED TO WEAR A MASK. MUST MAINTAIN SOCIAL DISTANCING.
Call to Order
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- Flag Salute
- Approval of Minutes from previous meeting
- Eric Bailey – Road and Bridge Report
- SEK Multi-County Health Dept – Rebecca Johnson
- Scott Shelton-Variance on County Sanitation Code
- Tri-Valley
- Elected Officials Comment
- County Counselor Comment
- Public 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.