TOPEKA – The Kansas Department of Health and Environment (KDHE) announces that Kansas will pause administration of the Johnson & Johnson (Janssen) COVID-19 vaccine following an announcement from the Centers for Disease Control and Prevention (CDC) and the Food and Drug Administration (FDA) this morning. There are reports of six recipients in the United States who developed a rare disorder involving blood clots within about two weeks of vaccination. No known cases have been reported in Kansas to date.
“Just as important as getting vaccines into arms — is making sure those vaccines are safe,” Governor Laura Kelly said. “While this appears to have affected six people in the nearly seven million doses administered, out of an abundance of caution, Kansas will suspend Johnson and Johnson until the CDC and FDA clear it for use again. In the meantime, we anticipate our shipments of Pfizer and Moderna to continue and we will build on the one-third of Kansans who have already received their first dose of the COVID-19 vaccine.”
The federal government will further study links between the vaccine and the rare blood clotting disorder. An emergency meeting of the CDC’s advisory committee has been scheduled for Wednesday.
KDHE asks providers with Johnson & Johnson vaccine to pause administration of the vaccine immediately and to place the supply into storage while material is reviewed. After KDHE has reviewed the findings from the federal government, further guidance will be given to providers on next steps.
Those who have received the Johnson & Johnson vaccine should contact their health care provider if they have any symptoms and report any illness to the VAERS Reporting System, https://vaers.hhs.gov.
The week of April 19th, Kansas is anticipated to receive the following doses:
As of April 12, more than 6.8 million doses of the Johnson & Johnson (Janssen) vaccine have been administered in the U.S. CDC and FDA are reviewing data involving six reported U.S. cases of a rare and severe type of blood clot in individuals after receiving the J&J vaccine. In these cases, a type of blood clot called cerebral venous sinus thrombosis (CVST) was seen in combination with low levels of blood platelets (thrombocytopenia). All six cases occurred among women between the ages of 18 and 48, and symptoms occurred 6 to 13 days after vaccination. Treatment of this specific type of blood clot is different from the treatment that might typically be administered. Usually, an anticoagulant drug called heparin is used to treat blood clots. In this setting, administration of heparin may be dangerous, and alternative treatments need to be given.
CDC will convene a meeting of the Advisory Committee on Immunization Practices (ACIP) on Wednesday to further review these cases and assess their potential significance. FDA will review that analysis as it also investigates these cases. Until that process is complete, we are recommending a pause in the use of this vaccine out of an abundance of caution. This is important, in part, to ensure that the health care provider community is aware of the potential for these adverse events and can plan for proper recognition and management due to the unique treatment required with this type of blood clot.
Right now, these adverse events appear to be extremely rare. COVID-19 vaccine safety is a top priority for the federal government, and we take all reports of health problems following COVID-19 vaccination very seriously. People who have received the J&J vaccine who develop severe headache, abdominal pain, leg pain, or shortness of breath within three weeks after vaccination should contact their health care provider. Health care providers are asked to report adverse events to the Vaccine Adverse Event Reporting System at https://vaers.hhs.gov/reportevent.htmlexternal icon.
CDC and FDA will provide additional information and answer questions later today at a media briefing. A recording of that media call will be available on the FDA’s YouTube channel.
If you are having trouble viewing this email, please view it on my website .
Resources
To find further resources on how to protect you and your family, visit coronavirus.gov or the Kansas Department of Health and Environment website here .
Vaccines in Kansas
Visit kansasvaccine.gov for information regarding COVID-19 vaccinations in Kansas, including availability and FAQs.
To find providers offering COVID-19 vaccinations, use KDHE’s Find My Vaccine map tool. Enter your zip code or address to find the providers nearest you.
Assistance
If you are a Kansas resident and you or your family needs assistance with matters related to COVID-19, please click here .
If your employment situation has been impacted by COVID-19, including reduced work hours, please refer to these resources from the Kansas Department of Labor:
Please visit the Kansas Department of Health and Environment here .
U.S. Small Business Administration Resources
For information regarding the Paycheck Protection Program (PPP), including second draw loans, please visit the U.S. Small Business Administration’s website by clicking here .
For information regarding Economic Injury Disaster loans, please click here .
Veteran Resources
For information on veteran and VA related topics, resources and contact information, please click here .
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Phone Calls to Kansans
Chancellor Doug Girod, University of Kansas, Lawrence
Senator Roger Marshall of Great Bend
Michael McGrew, McGrew Real Estate, Lawrence
Congressman Jake LaTurner of Topeka
Michael Barrett, Concerned Veterans of America, Wichita
Jim Brown, ABC Rentals, Wichita
Dr. Elizabeth & Don King, King Construction Company, Wichita
Andy Schlapp, Wichita State University, Wichita
Dr. Wayne & Dr. Tracey Gilmore, Eyecare Associates, Parsons
Dr. John & Katie Tomblin, Wichita State University
Honorable Sam & Mary Brownback of Topeka
President Dick & Mary Jo Meyers, Kansas State University, Manhattan
Regent Mark Hutton, Hutton Construction, Wichita
Regent Jon & Lauren Rolph, Sasnak, Wichita
Gary Shorman, Eagle Communications, Hays
Congressman Tracey Mann of Salina
Gary Plumber, Wichita Metro Chamber, Wichita
Director Shelly Hansel, Harper County Development, Anthony
Regent Helen Van Etten of Topeka
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Welcome to “Kansas Common Sense.” Thanks for your continued interest in receiving my weekly newsletter. Please feel free to forward it on to your family and friends if it would interest them.
Hosting the VA Secretary in Kansas
Beginning at the Dwight D. Eisenhower VA Medical Center in Leavenworth
As the lead Republican on Senate Veterans’ Affairs Committee, I hosted VA Secretary Denis McDonough in Kansas for two days last week to meet with veterans and VA leaders across the state. On Thursday morning, we started at the Dwight D. Eisenhower Leavenworth VA Medical Center to tour the facility, visit with patients and employees, and talk with veterans and members of VSOs.
On the tour, we viewed the emergency and surgical areas and walked through the Women’s Health Center. This clinic provides a dedicated space for the fastest-growing group of veterans to schedule and receive care and has also served as a meeting point for women veterans to gather and support one another.
At the conclusion of the tour, we hosted a roundtable where we discussed the delivery of care to veterans by the VA Eastern Kansas Healthcare System as well as some of the challenges facing veterans in rural parts of the state. I emphasized my commitment that veterans have access to quality care and the Secretary committed to looking at new ways the VA can improve billing processes and better provide timely care to veterans in rural areas and those facing mental health challenges.
Thank you to Congressman Jake LaTurner, Kansas Rep. Pat Proctor of Leavenworth, Col. (Ret.) Lynn Rolf Jr. of the Kansas Veterans of Foreign Wars of Leavenworth, Kansas American Legion National Executive Committeeman Dan Wiley of Leavenworth, American Legion Kansas Department Commander Marri Krupco of Blue Mound, Daniel Brazzel of Team Fidelis of Overland Park and County Coordinator Kathy Shepard of Independence for joining the discussion.
It was an honor to join the Secretary for a commemorative coin presentation ceremony recognizing VA medical center staff for their exemplary service during the pandemic. Coins were awarded to CBOC Manager Jackie Garcia, VA Police Officer Derek Ursuy, Amanda Krauss, RN, Kerry McDowell, LPN, and Dr. Courtney Hahn, and I appreciated the opportunity to thank them in person for caring for Kansas veterans. Thank you also to Director Rudy Klopfer for the tour and to Dr. William Patterson, Damian Mcgee and Joseph Burks for their time.
Discussing the SAVE LIVES Actat the Colmery-O’Neil VA Medical Center
Following Leavenworth, Secretary McDonough accompanied me to Topeka, where we visited the Colmery-O’Neil Topeka VA Medical Center.
During our tour of the facility, we discussed the successful vaccine rollout and learned more about the outpatient care the center provides. Several weeks ago during my visit here, I learned of a reluctance from veterans to be vaccinated through the VA if their spouses were not eligible. Because of this, I introduced legislation – the SAVE LIVES Act – to allow veteran spouses and caregivers to be eligible for vaccines through the VA, and it was quickly signed into law. I’m pleased to announce that over the last two weeks, 18,000 individuals have been vaccinated under the new law, including 1,625 in the VISN 15 Heartland region. I also expressed my gratitude to the Colmery-O’Neil medical staff for their tireless work to care for veterans throughout this pandemic and appreciate that they are setting an example for their communities – 85% of VISN employees are receiving the vaccine. Additionally, we presented recognition coins to the staff that cares for Kansas veterans for their dedicated service during the pandemic: Hilton McLamb, Dane O’Hara, Michelle Ralston, Mindy Mulford and Colon Colbert.
I want to thank Director Rudy Klopfer for the tour and Dr. Thomas Klobucar and Dr. William Patterson for joining us. Thank you also to VAEK’s Associate Director Lisa Curnes, Chief of Staff Dr. Michael Lesson, Assistant Director Alfred J. Mooney, Dr. Stephanie Davis, Dr. TJ McCombs, Heather Jones, Ruby Wood and Joe Burks for their time.
Visiting the Lieutenant General Richard J. Seitz Community Based Outpatient Clinic
After Topeka, Secretary McDonough visited the Lieutenant General Richard J. Seitz Community Based Outpatient Clinic (CBOC) in Junction City, where he learned more about how this clinic is able to coordinate care for women veterans, even in instances where care would need to take place outside of the clinic. Currently, the clinic has been working hard to coordinate mental telehealth services as the pandemic has exacerbated the mental strain many veterans experience as a result of their service. This clinic also helps coordinate the HUD-VASH program for veterans in the area experiencing homelessness, especially homelessness caused by transition issues.
Focusing on Community Care Options for Veterans in Emporia
On Friday morning Secretary McDonough and I stopped by Emporia’s Newman Regional Health Medical Center to meet with staff and patients. Newman has consistently been recognized as one of the most clinically capable facilities in Kansas, and I was pleased to showcase their care and services extend to Lyon, Chase, Coffey, Greenwood, Morris, Osage and Wabaunsee counties to provide top-notch care for much of east-central Kansas.
The medical staff at Newman brought the secretary and me up to speed on how their community hospital has filled in the health care gap since the closure of the VA Eastern Kansas HCS Community Based Outpatient Clinic (CBOC). We also had a chance to discuss the MISSION Act, legislation that allows the VA to establish a more highly integrated health care network, including providing greater access to community care programs and telemedicine services, as well as providing much-needed support to rural community hospitals. During our conversation, Dr. Heitman shared with Secretary McDonough and me the difficulties veterans face in the authorization process as they schedule needed procedures and his desire to care for his veteran patients though these hurdles. Secretary McDonough shared his thanks for providing feedback that will help the veteran community at large.
I want to extend my thanks to Newman CEO Bob Wright, CFO Holly French, COO Julia Pyle, Dr. Bryce Heitman, Supervisor of Care Coordination Lucas Markowitz, Board Trustee Rob Gilligan, Executive Assistant Lynn Redecker and Chief Quality Officer Cathy Pimple for their time. Thanks also to Congressman Tracey Mann, Eastern Kansas VA Director Rudy Klopfer, Eastern Kansas VA Community Care Director Brock Wedman and Kansas Hospital Association Vice President for Reimbursements Tish Hollingsworth for joining us.
Visiting with Veterans at the Dole VAMC Community Living Center
On Friday afternoon, Secretary McDonough and I visited Wichita’s Robert J. Dole VA Medical Center and were pleased to have Congressman Ron Estes join us. I last visited the Dole VA facility just before Christmas as medical staff began to administer Dole VA’s first vaccines to the beginning of what would become many veterans. It was great to see the progress the facility has made in just a few short months as we continue to get back to normal.
During our tour of the facility, we discussed the wait times veterans are experiencing for compensation and pension exams, known as C&P exams, with the Veterans Benefits Administration Regional Office Director Ms. Donna Meyer-Hickel and my efforts to increase the National Personnel Records Center response times to fulfill veteran requests for records related to their service benefits. We also met with union representatives from the American Federation of Government Employees, including President Kip Chappell.
The highlight of the tour was when we visited the Community Living Center and met with veteran residents. They haven’t been able to have visitors throughout the past year due to the pandemic, so we were pleased to spend some time with them. Here, we also were able to present recognition coins to the staff that has cared for Kansas veterans throughout the pandemic: Nikki Lind, Vince Hodgdon, Jacklyn Bantam, Dr. Christopher Fox, Kimberly Gillette, Misty Lester, Curt Rodriguez, Clint Bass and Brandi Tolbert.
Thank you to Dole Director Candace Ifabiyi for leading the tour, and to Dr. Tom Klobucar and Dr. William Patterson for joining us as we heard more from Dole leadership and staff.
Continuing the Legacy of Aviation Excellence at Wichita State University
On Thursday afternoon, I was honored to attend the dedication of the Wichita State University’s (WSU) newest National Institute for Aviation Research (NIAR) lab, the Jerry Moran Center for Advanced Virtual Engineering and Testing. The new facility located in WSU’s innovation campus houses crash dynamics, virtual engineering, virtual flight testing and building blocks laboratory programs where students will learn and research.
I have worked closely with WSU’s NIAR Executive Director Dr. John Tomblin to bring federal officials and business leaders to campus so that they can recognize the amazing resources, faculty and students at WSU. Once leaders get on the campus, the university sells itself. Ultimately, WSU and its students are changing the world and preserving Wichita as the Air Capital of the World. While I was there, I was also pleased to announce a new grant from the NASA Innovative Advanced Concepts program for $2 million that will go toward the study of a neutrino-detecting mission concept, or tools to better understand the inside of stars.
Thank you to the Kansas Board of Regents (KBOR) for this honor and Dr. Tomblin for his exceptional leadership of NIAR and his continued partnership as we work to grow WSU, Wichita, our state and our nation. I also want to thank interim President of WSU Richard Muma, KBOR Regent Jon Rolph and Spirit AeroSystems CEO Tom Gentile for their kind remarks during the ceremony. I also appreciated the attendance of KBOR President Blake Flanders and Regents Helen Van Etten and Mark Hutton. I extend my thanks to everyone who took time out of their day to attend the event.
To read about the dedication in the Hutchinson News, click here .
In February, I announced a $2.6 million CARES Act Recovery grant to Neosho Memorial Regional Medical Center (NMRMC) from the U.S. Economic Development Administration to fund a new Southeast Kansas Impact Center for Wellness, Education, and Business.
On Tuesday, I was pleased to join them as they broke ground on this project that will impact the community well into the future. Thank you to the individuals involved in this grant and for their initiative in undertaking this project that will have a big regional impact. The new facility will include conference space for the community, as well as a clinic and telehealth facility.
This event brought the community together, and I appreciated the remarks from NMRMC CEO Dennis Franks, NMRMC Foundation President Phil Jarred, Chanute Mayor Jacob LaRue, Neosho County Commission Chair Nic Galemore and Lt. Governor David Toland. Thank you to NMRMC for the invitation and their staff for all they do to care for their fellow Kansans.
Stopping in Fort Scott for Labconco’s Vaccination Event
While in southeast Kansas on Tuesday, I visited Labconco Corporation, a company that manufacturers laboratory equipment in Fort Scott, as the Community Health Center of Southeast Kansas (CHCSEK) administered the second vaccine dose to their employees. It was helpful to hear both from Labconco about their operation during the pandemic to produce lab hoods to help with COVID-19 testing, as well as receive an update from the CHCSEK about their successful vaccination clinics for local businesses and the general public.
Thank you to Labconco CEO Laura McConnell Perin and CHCSEK Director of Development Dawn McNay for helping coordinate my visit, as well as City Manager Jeremy Frazier and City Commissioners Kevin Allen and Dr. Randy Nichols for joining us. And thank you to the staff of the CHCSEK, including Lori Rexwhinkle, Kimberly Whitaker, Jeannie Napier and Stephanie Potter, for the update and all the work they are doing to get more vaccine shots in the arms of Kansans.
Thanking Health Care Workers at Pittsburg’s Hospital
I also visited Ascension Via Christi Hospital in Pittsburg to thank their health care workers for all they have done during the pandemic. They choose to care for others every day and truly make a difference in the Pittsburg and southeastern Kansas community. I also had the opportunity to speak with several Pitt State Nursing students and thank them for choosing a profession where they put others first.
While at the Hospital I met with CEO Drew Talbott, Chief Nursing Officer Tawny Sandifer and ER Department Chief and Crawford County Health Officer Dr. Tim Stebbins to discuss their partnerships with the Community Healthcare Center of Southeast Kansas to serve surrounding rural areas. Access to health care is important for rural areas, and I appreciate their leadership in working towards a financially viable model to provide care to Kansans. Read more here .
Congratulating Joseph Lee on Admission to the U.S. Naval Academy
It was an honor to congratulate Joseph Lee on his acceptance into the U.S. Naval Academy while in Pittsburg. We are fortunate to have intelligent, hard-working, humble and patriotic students like Joseph in our country who are willing to serve at the highest level in our Armed Forces. I was pleased to nominate Joseph, and I know that the Pittsburg community and all of Kansas is very proud of you!
Read more about Joseph here in the Pittsburg Morning Sun by clicking here .
Visiting Miller’s Professional Imaging
I also stopped by Miller’s Professional Imaging in Pittsburg to learn more about their operation as one of the largest photography printing labs in the country. The tour, led by David Doria, highlighted how they have expanded and adapted over the years to offer more services in the digital market and how they increased their production efficiency during the pandemic. I enjoyed viewing all the different printing options they offer and learning about their digital consumer base through their MPIX platform.
Also on the tour was Richard Miller – the owner of Miller’s – President Todd Coleman and Joe Dellasega. I appreciated hearing about their programs to support and incentivize employees, as well as their philanthropic efforts around the Pittsburg community. Hometown businesses are invested in their community and often play a large part in its wellbeing. I appreciated hearing about Miller’s impact from local Chamber of Commerce President Blake Benson and Deputy City Manager Jay Byers.
Speaking to Manhattan’s Military Relation Committee
On Wednesday, I spoke to the Manhattan Military Relations Committee, an entity of the Manhattan Area Chamber of Commerce, to give a federal update about efforts to support the military community. With the close proximity of Fort Riley, cities like Manhattan and Junction City play an important role in making our military feel welcome, supporting Big Red One soldiers, as well as helping to retain brigades.
I was able to report that because of new legislation signed into law last year, Big Red One soldiers who gave the ultimate sacrifice during Desert Storm, Operation Iraqi Freedom, Operation Enduring Freedom and Operation New Dawn will now have their names added to the First Division Monument located on White House grounds.
I also discussed my work on the SAVE LIVES Act, which now allows veteran spouses and caregivers to be vaccinated through the Veterans Health Administration, and our efforts to address veteran mental health and suicide prevention.
Special thanks to Janet Nichols for the invitation, as well as Lt. Gen. Perry Wiggins, the Governor’s Military Council Executive Director, for his keynote. Read more here in the Manhattan Mercury.
Meeting with Kansas Community Colleges
I was pleased to join the Kansas Community College Council of Presidents for their quarterly meeting this week. During the meeting we discussed ways to improve workforce development, the importance of Pell grants in providing educational opportunities to low-income individuals, protecting student veterans from reductions in GI Bill benefits as a result of COVID-19 and the reauthorization of the Higher Education Act . I sincerely value the insight that each of our state’s community college presidents offer and appreciated hearing from them on issues facing their institutions. As a member of the Senate Health, Education, Labor and Pensions (HELP) Committee, I look forward to continuing working closely with our Kansas community colleges to make certain their efforts to provide quality higher education are supported at the federal level.
Discussing Kansas City Southern’s Recent Merger
On Monday, I met with Kansas City Southern’s President Pat Ottensmeyer and Executive Vice President Administration & Corporate Affairs Warren Erdman regarding their recent merger with the Canadian Pacific Railway. Once combined, they will create the first rail network linking the U.S., Mexico and Canada, which will help support Kansas exports with improved efficiency and reduced transit times. I appreciated the update and thank them both for the meeting.
Visiting with Paul DeBruce of the DeBruce Foundation
This week, I visited with Paul DeBruce, founder of the DeBruce Foundation and former president of DeBruce Grain, Inc. The DeBruce Foundation, located in Kansas City, helps individuals expand their pathways to economic growth and opportunity and changes the way they pursue their careers. The foundation’s mission looks to widen peoples’ understandings of what makes a successful professional career and helps open up new career possibilities and opportunities through their initiatives and strategic partnerships. The company’s initiative to help these individuals secure success is valuable, especially as they look to enter the workforce or begin a new career path. I appreciated the ability to hear all that this foundation does to serve its community. Thank you to Mr. DeBruce for meeting with me.
Meeting with McCownGordon Construction
I also met with the leadership team at McCownGordon Construction this week. I appreciated learning more about how their employee stock ownership plan, allowing their company to be 100% employee owned and how their early adaptation of drone technology has benefited their company. Thank you to CEO Ramin Cherafat, Chief People Officer Nancy Whitworth, Vice President Todd Knight and Director Pat Contreras for the helpful meeting.
Recognizing Gold Star Spouses Day
On Gold Star Spouses Day on Monday, we paused to honor the men and women who have lost a spouse or loved one who died while defending our country. Military service is family service, and we recognize their sacrifice and their resilience.
Recognizing Holocaust Remembrance Day
Thursday was Holocaust Remembrance Day or Yom Hashoah, a day on which humanity reflects on the atrocities of the Holocaust and remembers the lives of the six million Jews who perished. The undying courage of all victims and survivors must never be forgotten.
H onored to Serve You in Washington It is an honor to serve you in Washington, D.C. Thank you to the many Kansans who have been calling and writing in to share their thoughts and opinions on the issues our state and country face. I appreciate the words of Kansans, whether in the form of a form of letter, a Facebook comment or a phone call, who wish to make their voice heard.
Please let me know how I can be of assistance. You can contact me by email by clicking here . You can also click here to contact me through one of my Kansas offices or my Washington, D.C. office.
Very truly yours,
Jerry
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Hays
1200 Main St.,
Suite 402
P.O. Box 249
Hays, KS 67601
Phone: (785) 628-6401
Every vote is important. “Voting is the most precious right of every citizen, and we have a moral obligation to ensure the integrity of our voting process.” Hilary Clinton. So why are so many Democrats in Kansas trying to block legislation to protect our elections? Even worse, the U.S. House passed legislation that will destroy the integrity of our state elections (H.R.1, For the People Act of 2021). Hopefully, HR-1 dies in the U.S. Senate. The Kansas legislature passed HCR 5015 rejecting H.R.1 and S.1 (the senate version of H.R.1).
Kansas didn’t have the problems that other states had in the November 2020 elections but there is room for improvement. Elections are too important and we need 100% accuracy. The legislature passed Conference Committee Report (CCR) 2183 and CCR 2332.
CCR 2183 will limit ballot harvesting, make it unlawful to alter postmarks on mailed ballots, and require signature verification on mailed ballots. It would also make it a crime to act like or try to appear to be a county clerk or Secretary Of State (SOS). In November 2020, there were advance ballot applications and websites that appeared to be official. They were not and just confused voters. The bill would also require the SOS to post registered voter data and stop county clerks from accepting money from 3rd parties for elections – an example would be the Zuckerberg money that some clerks applied for and received in Kansas. The CCR passed the Senate 27 to 11.
The legislature also passed CCR 2332 that would require residential and mailing addresses to be maintained and strengthen requirements for advance ballot applications, including signature verification. The CCR passed 27 to 11.
I was able to strengthen election legislation with amendments through the chairman in committee and on the senate floor. Some Senators argued these CCRs and the HCR promote voter suppression and that they are not needed. That is not even true. They help protect the integrity of our elections. To paraphrase a friend, “What voter integrity checks would they ever support? When will they opine that banks don’t need safeguards since bank robbery is so rare?”
Hopefully, the Governor will not veto these important bills.
Women’s Sports
CCR 55, the Fairness in Women’s Sports Act, would stop anyone who is not a biological female from participating in sports designated for females, women, or girls. The CCR passed the House and Senate. I was one of 26 who voted yes in the Senate. There were 11 no votes. We’ll see what the Governor does with the bill.
Legislature Break
While the legislature is on break for the next few weeks, I will continue to update you on topics covered during session. All of the legislation is posted online at www.kslegislature.org.
It is an honor and a privilege to serve as your 12th District State Senator.
There may be a majority of City Commissioners present at the USD #234 School Board meeting held on April 12th, 2021 at 5:30 p.m. at the Middle School, but no City business will be conducted.
The Design Review Board will meet on Wednesday, April 14th, 2021 at 4:00 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 painting of crosswalks in the downtown area 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.
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.
“I want to thank the Legislature for their work to get these pieces of bipartisan, commonsense legislation to my desk,” Governor Kelly said. “These bills are a testament to what we can get done for Kansans when we work together, toward mutually-agreeable solutions, to make life better for the people in our state.”
Senate Bill 52 establishes the Sedgwick County Urban Area Nuisance Abatement Act. It authorizes the Board of County Commissioners to order the removal or abatement of any nuisance from any property in the unincorporated area of Sedgwick County. All costs associated with the abatement are the responsibility of the property owner.
Before the abatement process could begin, the bill requires the County to first obtain a conviction for a county code violation regarding the nuisance no more than 12 months before the issuance of the abatement order.
Senate Bill 172 amends the Kansas Criminal Code regarding crimes involving property by eliminating the crime of tampering with a pipeline and establishing four new crimes: trespassing on a critical infrastructure facility (CIF), aggravated trespassing on a CIF, criminal damage to a CIF, and aggravated criminal damage to a CIF. The bill also allows a judge to order restitution for property damage to any victim of the four new crimes.
HB 2022 amend laws concerning the filing of complaints and investigations pertaining to abandoned wells, responsible parties for plugging abandoned wells, and funds used by the Kansas Corporation Commission (KCC) for plugging abandoned wells.
House Bill 2050 amends 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:
An audited statement of actual expenditures incurred by a Kansas nonprofit corporation providing legal services to indigent inmates of Kansas correctional institutions;
A certified summary of the write-off of any accounts receivable or taxes receivable by the Director of Account and Reports;
An annual audit of corporations who contract with the Board of Regents (Board) or any state educational institution and are substantially controlled by the Board or such institution; and
An annual report by the Secretary of Revenue regarding tax abatements that reduce final tax liability by $5,000 or more.
Additionally, the bill makes technical amendments to ensure consistency in statutory phrasing and remove an outdated retroactivity provision.
HB 2070 allows private, not-for-profit postsecondary educational institutions in Kansas to collect a surcharge on credit card payments. The Kansas Uniform Consumer Credit Code bars sellers from collecting a surcharge on credit card payments, with certain exceptions that currently include Kansas public institutions, municipal universities, community colleges, technical colleges, and vocational schools.
Senate Sub. for House Bill 2072 creates the Utility Financing and Securitization Act (UFSA), which allows for the securitization of utility assets to recover energy transition costs for electric public utilities whose retail rates are subject to the Kansas Corporation Commission (KCC).
The UFSA also allows electric and natural gas public utilities whose retail rates are subject to the KCC to pursue securitization to help finance qualified extraordinary expenses, such as fuel costs incurred during extreme weather events.
House Bill 2112 permits online advertisement and sales of abandoned property by self-storage rental unit operators; provides for the designation by occupants of an alternate contact; and limits claims for loss or damage of stored property to the property value limit provided in the rental agreement.
House Bill 2126 provides immunity from civil liability for COVID-19 claims for certain covered facilities, including adult care homes, community mental health centers, crisis intervention centers, community service providers and community developmental disability organizations.
House Bill 2145 exempts the retail sale of electricity by public utilities for electric vehicle charging stations from the jurisdiction of the state corporation commission.
House Bill 2155 provides for the Kansas Department of Health and Environment response operations for water and soil pollutant release, discharge, or escape.
House Bill 2162 amends and repeals reapportionment census data laws to conform with 2019 amendments to the Kansas constitution and to remove certain obsolete provisions.
House Bill 2214 authorizes the Secretary of Administration on behalf of the Department of Corrections to convey land in Mitchell county to the city of Beloit.
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
Flag Salute
Approval of Minutes from previous meeting
Eric Bailey – Road and Bridge Report
Lynne Oharah – Citizens Advisory Board for Quality of Life & CDBG Grant Application
Consolidated Rural Water District #2
County Counselor Comment
Public Comment
Commission Comment
KOMA Zoom Meeting
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.
The Kansas Department of Transportation (KDOT) has begun a project to replace a bridge on K-39 in Bourbon County. The bridge spans Pawnee Creek and is located approximately 7½ miles east of the east K-3/K-39 junction.
K-39 will be closed to through traffic at the bridge starting Wednesday, April 14. A new signed state detour route will be in effect around the project. Eastbound traffic, from the west K-39/U.S. 59 junction, will travel south on U.S. 59 to K-47, east on K-47 to U.S. 69, and north on U.S. 69 to K-39. Westbound K-39 traffic should follow the same route in the opposite direction.
KDOT awarded the $1.4 million construction contract to B&B Bridge Company, Inc., of St. Paul. Weather permitting, the project should be completed by November 2021. Persons with questions may contact Iola Area Engineer Troy Howard, (620) 901-6557, or Public Affairs Manager Priscilla Petersen, (620) 902-6433.
TOPEKA – The Kansas Department of Health and Environment (KDHE) has amended its travel quarantine list to add several states and countries – Connecticut and Pennsylvania and the countries of Andorra, Bermuda, Curacao, Poland, Serbia and Uruguay. Two countries, Czechia and Montenegro are removed.
A comprehensive list of those individuals needing to quarantine includes visitors and Kansans who have:
Traveled on or after April 8 to Connecticut or Pennsylvania
Traveled on or after April 8 to Andorra, Bermuda, Curacao, Poland, Serbia or Uruguay
Traveled on or after March 26 to Delaware, Michigan or Rhode Island
Traveled on or after March 26 to Hungary or Jordan
Traveled on or after March 12 to New Jersey or New York
Traveled on or after March 12 to State of Palestine or Estonia
Traveled on or after Feb. 26 to San Marino
Traveled between Feb. 26 – April 8 to Czechia or Montenegro.
Attendance at any out-of-state mass gatherings of 500 or more where individuals do not socially distance (6 feet) and wear a mask.
Been on a cruise ship or river cruise on or after March 15, 2020.
The travel quarantine period is seven days with a negative test result or 10 days without testing, with release from quarantine on Day 8 and Day 11, respectively. Further information on quarantine periods can be found on KDHE’s website.
For those traveling internationally, the Centers for Disease Control and Prevention (CDC) is requiring testing within three days of flights into the U.S. For further information on this and other requirements, visit their website.
For those who are fully vaccinated (meaning it has been greater than two weeks since they completed their vaccinations) they are not required to quarantine regarding travel if they meet all of the following criteria:
Are fully vaccinated (i.e., ≥2 weeks following receipt of the second dose in a 2- dose series, or ≥2 weeks following receipt of one dose of a single-dose vaccine)
Are within 6 months following receipt of the last dose in the series
Have remained asymptomatic since the travel
Persons who do not meet all three of the above criteria should continue to follow current quarantine guidance for travel.
Additionally, people with previous COVID-19 disease are not required to quarantine following travel if they meet all of the following criteria:
Have evidence of a previous infection supported by a positive PCR or antigen test
Are within 6 months following infection. If an investigation was done documenting the date that symptoms resolved, or the date isolation measures were discontinued for asymptomatic patients, then the 6-month period can start from that end date. If those dates are not available, then the period will start from the date of the positive laboratory test. A serology or antibody test may not be substituted for a laboratory report of a viral diagnostic test.
Have remained asymptomatic since the travel
Persons who do not meet all three of the above criteria should continue to follow current quarantine guidance for travel.
The travel quarantine list is determined using a formula to evaluate new cases over a two-week period, then adjusted for population size to provide a case rate per 100,000 population. This provides a number that can then be compared to the rate in Kansas. Locations with significantly higher rates — approximately 3x higher — are added to the list.
TOPEKA – Today the Kansas Corporation Commission (KCC) ruled on two petitions for reconsideration related to a February order directing Evergy to put its residential distributed generation (DG) customers back on a two-part standard rate design eliminating a controversial demand charge.
In a two-part petition for reconsideration, Vote Solar, Climate & Energy Project, and the Sierra Club requested the Commission reconsider its earlier decision of not requiring Evergy to refund customers for charges collected under the previous three-part rate. Upon further review, the Commission determined refunds are appropriate and granted the request today.
Secondly, solar advocates sought reconsideration of the Commission’s decision to maintain the separate residential DG classification, stating it would deny DG customers an opportunity to participate in alternative rate offerings. In response, Evergy agreed to make optional rates, minus the Time of Use pilot, available to DG customers. The Commission found that was an acceptable solution.
A group of Electric Companies (Evergy, Southern Pioneer, Liberty-Empire and the KEC Group) filed their own petition for reconsideration seeking clarification of the previous order. The group asked if they could propose rates to cover the costs of different or additional services provided to DG customers. The Commission clarified that the order does not prevent a utility from identifying other distinct services received by residential DG customers that may justify an added charge to offset any subsidy received by DG customers in a non-discriminatory way.
Peter Earles is the CEO of Earles Engineering. Photo was taken from Earle Engineering Facebook page.
Earles Engineering and Inspection, headquartered in McPherson, KS, was hired on April 1 to assume the positions of project manager and public works director for the City of Fort Scott.
“They were approved last night ( at the April 6 city commission meeting),” Fort Scott City Manager Jeremy Frazier, said. “We are going to be doing some good things. They will be helping us prepare, by having shovel-ready projects.”
“They have 30 employees,” Frazier said. “We feel like we are in good hands, and will move the city forward.”
As a project manager, the scope of work will be working with the city on various projects, according to the contract with the engineering firm, provided by the city.
They will meet with city staff once a week, a maximum of four hours, to review active maintenance projects, review future maintenance projects, answer questions and look at long-term projects, according to the contract.
Dave Blessant will be the lead project manager, with Jason Dickman available for engineering questions. Fees for this will be $85 an hour, billed on a monthly basis.
Rates will increase 3% automatically, beginning January 2022, according to the contract.
All services will be from Earles Engineering office in Pittsburg and therefore will be no travel charges.
The contract period is for one year from April 6, and will automatically be renewed unless notice to terminate is provided.
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, Mark McCoy, Anne Dare, Kim Simons, Mr. & Mrs. Clint Walker, Bill Martin and Ben Cole.
Clifton made a motion to approve the minutes from the previous meetings, Jim seconded and all approved and signed the minutes.
Eric Bailey presented culvert permits to the Commissioners, which they signed; they were for Clint Hazen at 2556 Limestone, Larry Shead at 2468 Cavalry and T&C Wildlife at 2461 Arrowhead.
Eric Bailey said they are working on capping the C&D at the Landfill. He said they are working on washouts around the County and are patching potholes near Garland. Eric said they are in the process of moving from the Shepherd Quarry to the Beth Quarry.
Eric said regarding the windfarm that the company is moving forward with capping the roads beginning in an area at 20th & Eagle, then 39 to Eagle then 40th – 50th. Eric said he gets a plan of the day everyday from the company that tells him the area they are working on. He said he, Frank Young and Todd Foxx looked at bridges and culverts.
Jim asked Eric if he had a ditching plan for the year; Eric said he is working on it and said he would be working with the grader operators when developing the plan.
Maura Chambers and Harvey Felzke with KCAMP insurance met with the Commissioners; Bourbon County currently uses KCAMP for property and liability insurance, but is taking bids for insurance for 2022. KCAMP: pooling is an interlocal agency formed under Kansas statute allowing public entities to jointly self-insure their property and casualty risks. There are many advantages to pooling, such as sharing the cost of risk among similar entities, determining scope/terms of own coverage, control claims and litigation management, reaping benefits of group purchase. KCAMP is member owned, member funded and member directed. They said that 80% of the 90,000 public entities in the U.S. obtain coverage from a risk pool. 71 of the 105 counties in Kansas are members of KCAMP. KCAMP offers tailored coverage, risk management services (attorney assist, Kansas legal based jail guidelines, law enforcement model policies, online university, on-site training and seminars, risk avoidance grants – if the County completes any of the criteria in this category then KCAMP will give money back to the County, risk management awards, roads scholar tuition reimbursement program, and ThinkHR). Lynne thanked KCAMP for the speediness of the process of paying claims.
Appraiser Clint Anderson met with the Commissioners regarding the ratio; he said the new valuation notices have been sent out and said that values haven’t been rising as quickly as the sales, he said a lot of people received substantial increases to their value. He said owners do have the opportunity to appeal the value of their property. It was stated that a lot of the properties on the market have contracts on them. Bourbon County has an NRP program which offers tax refunds for new construction and remodels; anyone interested should contact the Appraisers office with any questions.
Lynne said the County has a radio spot on KMDO every Tuesday morning and said someone needs to do this spot to discuss what is going on in the County; he and Eric did the spot today to discuss wind generators. Bill Martin asked if the radio time was only for elected officials or could other people from the County talk during the radio time; Lynne said if someone wanted to talk during the radio time they could contact him and he would notify the radio station of who would be speaking. Jim made a motion that Lynne continues to manage the radio spot, Clifton seconded and all approved.
Justin Meeks said he had reviewed the documents from the State of Kansas – Project No. 6X-3109-01 for a crossing signal at 240 Street 3 miles SE of Fort Scott; the only cost the County will have in this project is to install and maintain advance warning signs. Jim made a motion to approve to put in the crossing signal and to allow Lynne to sign the agreement, Clifton seconded and all approved and Lynne signed the agreement.
Clifton made a motion to approve Resolution 16-21, a wage resolution increasing the Assistant County Attorney’s wages, Jim seconded and all approved and signed the Resolution.
Justin said he had a 10 year lease ready for the City of Fort Scott to move the 911 dispatch center to the old jail facility. He said it is $500/month for the lease and said this money would reduce what the County pays the City for dispatch. Jim Harris asked Justin how he came up with the $500 figure; Justin said he talked to Shane and Susan about this, Justin said he thought it was a reasonable amount, Jim said he thought it was too low. Lynne said dispatch has a $600,000 budget; Bill Martin said he agreed that dispatch needed to move and said he felt the Courthouse would be a good location, but said he would like to see a breakdown of the $600,000 budget, Bill suggested a communication board to cover dispatch. Justin said they could put a breakdown of the $600,000 budget on next week’s agenda. Justin said this is not a consolidation of government, but said this is a lease agreement, Lynne said the City and County are still separate entities, Lynne said there could be a shared service for an HR director. The Commissioners will discuss the lease agreement again next week.
Clifton made a motion to go into a 10 minute executive session for KSA 75-4319(b) (6) for the preliminary discussion of the acquisition of real property to discuss additional parking areas around the Courthouse, the Commissioners will meet in another location and reconvene in the Commission room at 10:34, Jim seconded and all approved, (the session included the Commissioners and Justin). After the session, Lynne made a motion to come out of executive session and back into open session, Clifton seconded and all approved. Jim made a motion to allow Justin to meet with property owners to negotiate to purchase their property for a future parking lot, Clifton seconded and all approved.
Clifton made a motion to go into a 10 minute executive session for KSA 75-4319(b) (1) to discuss personnel matters of individual non-elected personnel to protect their privacy to discuss a possible termination and a medical issue, the Commissioners will meet in another location and reconvene in the Commission room at 10:47, Jim seconded and all approved, (the session included the Commissioners and Justin Meeks). At 10: 44, Clifton made a motion to come out of executive session and resume their meeting with no action, Jim seconded and all approved.
Clifton 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 with possible litigation, the Commissioners will meet in another location and reconvene in the Commission room at 10:55, Jim seconded and all approved, (the session included the Commissioners and Justin Meeks). At 10:55, Clifton made a motion to come out of executive session, back into open session and said no action, Jim seconded and all approved.
Justin Meeks presented a Corporate Guaranty from WEC Energy Group on behalf of Jayhawk Wind LLC regarding the windfarm road use agreement; the maximum aggregate liability of Guarantor under this Guaranty is limited to the amount of $250,000. This will be on file in the County Clerk’s office.
Justin said that Community Health Center wants to submit a bid to the County to do the same thing as the Southeast Kansas Health Board does. Justin said the renewal date for the Health Board contract is in May of 2021. Justin suggesting inviting both entities to the County so they can talk about their functions. Lynne made a motion to allow Clifton to contact CHC and the SEK Multi County Health Board to have them give a breakdown of services and finances, Jim seconded and all approved.
Public Comment: Anne Dare questioned if the Commissioners signed the lease for the City to lease space for dispatch; Lynne said they did not sign the lease. Anne asked for an update on the hospital building; the Commissioners said they had no updates, Clifton said his goal is still the same, which is to have sustainable healthcare in Bourbon County. Clifton said the Mercy building is still owned by Mercy. It was stated that the County had until 3/31/2021 to decide on the building; Justin said an extension was signed between CHC and Ascension and Mercy for the building and said the deadline to sign or not sign for the County to accept the building had been extended as well. Kim Simons asked if they were still trying to do a medical mall; Justin said that is out of our control, Clifton said as a private citizen he would like to see CHC stay as well as anyone else that wanted to come to town could have that ability. He said his goal is to have an emergency room. Clifton said he didn’t care what building they were going to be in. Kim said if they have their own building is the County still taking the Mercy building; Clifton said he had no interest in putting a $500,000 tax burden on the tax payers, Jim said he agreed. Justin said there are still active ongoing negotiations and said the citizens have been supplementing healthcare for years; Clifton said the County is supplementing healthcare, but said his goal is to not increase that number. There was discussion over the dialysis center closing; Clifton said he thought in 5 years the trend might change and said he hopes we get some medical services back to the County. Clint Walker questioned how much the Assistant County Attorney would be making with the new wage resolution; Lynne said $80,000 and said they had previously approved this, but had not adopted a resolution for this. Clifton asked to view the 1989 reappraisal map; Justin said he could see this in the Register of Deeds office.
Commissioner Comment: Clifton said he had heard comments about combining the City/County and said he had no intentions of doing this, he said there are shared services they can do to save money. Lynne said the more money they save gives them the opportunity to lower taxes. Lynne said as a private citizen he would like to see more children’s services; he mentioned poverty and said there is a need for activities for kids, he said they need things to do in a structured environment. Jim questioned how many kids went to bed hungry each night; Justin said 87% of the students in our school district are on free or reduced lunches. Justin said he would gather the demographics and present it to the Commissioners at a later date.
Justin said there are global issues that affect the County; he said the County has never had a centralized HR person and said a lot of litigation comes out of bad employment practices. He said there is no one in place to handle the duties of exit interviews, pre-employment drug screenings, sexual harassment training, job satisfaction, job retention, yearly training, employee evaluations, etc. Justin said these employment procedures can protect the County from future liability. Jim Harris said felt the County has needed this for many years and said his opinion was that he would like to see this as a fulltime position. Justin said currently we do not have anyone to write a simple termination letter. Justin said in the past he has listened and interviewed employees on issues, but said the HR director should contact legal counsel. Justin said this could be a shared service; he said another municipality has an HR director. Justin said this person could update the job descriptions; Lynne said the County needs a new employee handbook, Lynne said this would be a function of the HR director, Justin said as the County Counselor he shouldn’t be writing it, but should review it. Justin said he thought the County had 3 options: hire a fulltime HR person, have a shared service for the HR duties or have someone internally do it for more compensation. Lynne said they could reorganize existing staff.
Clifton made a motion that Lynne and he (if available) attend the SEK 17 County meeting on April 22nd in Yates Center, Jim seconded and all approved.
At 11:38, Jim made a motion to adjourn, Clifton seconded and all approved.
