Category Archives: Government

FS City Commission Minutes of Special Meeting Aug. 20

CITY OF FORT SCOTT

SPECIAL CITY COMMISSION MEETING

Minutes of August 20, 2020 Special Meeting #8

A special meeting of the Fort Scott City Commission was held August 20th, 2020 at 11:00 a.m. in the City Commission Meeting Room, 123 S. Main Street, Fort Scott, Kansas.

ROLL CALL:

Commissioners Kevin Allen, Pete Allen, and Lindsey Watts were present with Mayor JoLynne Mitchell presiding. Randy Nichols was absent.

AUDIENCE IN ATTENDANCE: Ron Rogers and Nate Stansberry.

CONSIDERATION:

  1. Consideration of Rogers & Sons Concrete Invoice – 500 block of Andrick Street – Nate Stansberry, City Engineer, said he went out to the job location with Chad Brown, Public Works Director, and is in agreement with the amount he has proposed to be paid to the contractor and agrees with the quantities.

Discussion was held regarding measurements.

J. Mitchell moved to approve the amount of $25,008.00 to be paid to Rogers & Sons Concrete for the project in the 500 block of Andrick Street. L. Watts seconded. All voted aye.

APPROVED TO PAY THE AMOUNT OF $25,008.00 TO ROGERS AND SONS CONCRETE FOR THE 500 BLOCK OF ANDRICK PROJECT.

L. Watts moved to adjourn the special meeting at 11:56 a.m. K. Allen seconded. All voted aye. Motion carried.

ADJOURNED SPECIAL MEETING AT 11:56 A.M.

The next regularly scheduled meeting is to be held on September 1st, 2020 at 6:00 p.m.

RECORDED BY:

DIANE K. CLAY

CITY CLERK

FS City Commission Minutes of Aug. 18

CITY OF FORT SCOTT

CITY COMMISSION MEETING

Minutes are unapproved until the Sept. 1 meeting.

Minutes of August 18, 2020 Regular Meeting #16

The regular meeting of the Fort Scott City Commission was held August 18th, 2020 at 6:00 p.m. in the City Commission Room, 123 S. Main, Fort Scott, Kansas.

ROLL CALL:

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

INVOCATION: Pastor Brian Rhoades, Grace Baptist Tabernacle, said a prayer asking God for guidance for the City, our Government and City officials.

AUDIENCE IN ATTENDANCE: Travis Shelton, Rachel Pruitt, Nancy Maze, Patty LaRoche, Russell Lingerfelt, Brian Rhoades, Jason Eastwood, Trey Sharp, Logan Probasco, Dave Bruner, Lance Anderson, Amy Marsh, Carol Marsh, Seth Needham, Shaun O’Brien, Allyson Turvey, Nancy Van Etten, Caleb Bell, Kirk Sharp, Sis Sharp, Rhonda Dunn, Justin Meeks, Vince Loffredo, Steve Anthony, Stephanie Anthony, Susan Bancroft, Josh Jones, Michael Hoyt, and representing the press, Tammy Helm, Editor, Fort Scott Tribune.

IV. PROCLAMATIONS/RECOGNITIONS:

Recognition of Jason Eastwood, Police Detective – Travis Shelton, Chief of Police, informed the Commission that on July 1st, Jason was headed home and a medical call came out. Jason responded to a call of an unresponsive man along with EMS and Fire. When he arrived, the man was not breathing but had a pulse. Jason used his Narcan and administered it to him and within a couple of minutes, he was responsive and breathing again. His training with EMS and Fire assisted this man greatly and we are blessed to be provided this training.

Recognition of Trey Sharp, Police Officer – Travis Shelton, Chief of Police, said that Trey Sharp, has worked for the Fire Department, EMS, and the Police Department. On August 4th, 2020, there was a check welfare call for an individual. Trey instantly made an assessment that this person had a substantial medical issue. He got EMS in route and eventually the patient was transported to Kansas City. He thanked him for his quick thinking and response efforts.

Steve Anthony thanked the Commission for letting him appear tonight. He said on August 4th he received a call from his wife, Stephanie, that she was being pulled over by the Police Department. He said he told her to contact him after the stop was over. A few minutes later, he received a call from his wife’s mother and said that Trey Sharp needed to speak to him. Trey told him that his wife needed medical attention. He drove to ER and then later received another phone call from Trey asking how his wife was doing. After a while, his wife was sent to St. Luke’s Hospital where his wife had suffered a stroke. A day or two later, he received a text from Trey inquiring how his wife was doing. He thanked Trey for his quick thinking and for his training as he is also an EMT as well as a Police Officer.

Kevin Allen said that Trey is the son of Kirk and Sis Sharp. Trey’s grandfather was a police officer with the City of Fort Scott and his name was Will Sharp.

Chief Shelton said that Trey wears his Grandpa’s badge today.

V. SERVICE AWARD RECOGNITIONS:

5 years: (Certificate and Gift)

Scott Flater, Water Treatment Plant Supervisor

Jacob May, Fire Captain, Fort Scott Fire Department

Logan Probasco, Police Sergeant, Fort Scott Police Department

Deborah Needleman, Human Resource Director

Roger Rodriguez, Water Treatment Plant Operator I

Brandon Russell, Water Treatment Plant Operator II

Trey Sharp, Police Officer, Fort Scott Police Department

10 years: (Certificate and Gift Card)

Caleb Bell, Police Sergeant, Fort Scott Police Department

Jason Eastwood, Police Detective, Fort Scott Police Department

David Martin, City Manager

Mayor Mitchell read each name and recognized each one for their years of service with the City of Fort Scott and thanked them for their dedicated and loyal service.

VI. CONSENT AGENDA:

Susan Bancroft, Director of Finance, asked that Item D – Rogers & Sons Concrete in the amount of $25,208.00, and Item E – Schneider Electric Pay Request #7 in the amount of $76,315.00 be added to the Consent Agenda.

  1. Approval of minutes of the regular meeting of July 21st, 2020, August 4th, 2020 and special meeting of August 5th, 2020.

  1. Approval of Appropriation Ordinance 1269-A totaling $319,841.77.

  1. Request to Pay #12 – Crossland Heavy Contractors – $147,877.67 – River Intake Project

  1. Rogers & Sons Concrete – 5th & Andrick Project – $25,208.00

  1. Schneider Electric – Pay Request #7 – $76,315.00

Pete Allen said that he has an issue with the Rogers & Sons Concrete invoice. Pete said there was no error made in the bid document. He also has an issue with the driveways as the invoice shows three driveways and the City put one driveway in back in January or February. He does not agree with the footage.

Susan said that Chad met with the contractor today and she included his field notes with the invoice. Chad walked through the project with the contractor.

Pete said he would like this invoice paid based upon the correct footage and correct number of driveways.

Discussion was held to table the Rogers & Sons invoice until Susan can check with Chad.

Kevin Allen asked the City Clerk what changes she had made to the July 21st, 2020 minutes from the August 4th meeting.

Diane Clay, City Clerk, said that she amended the section on the lake meeting and added more comments from Lindsey Watts.

Kevin asked if the minutes had changed as far as the upcoming Lake Advisory Board meeting, the City Commission and the public meeting.

City Clerk said that section remained the same and read the motion aloud to the Commission.

Susan said that she got in touch with Chad Brown on the Andrick project and originally there was a curb cut that the City made, but never completed the driveway, so that is the additional cost to this contract.

Pete said that one driveway was put in by the City and he had pictures.

Susan asked if he would like her to go back and negotiate the price with Ron Rogers for the square footage price. She asked the Commission for approval to pay Rogers & Sons Concrete and come back to the Commission at the next meeting with the approved price. She asked to remove this from the Consent Agenda and add it as an item under consideration.

L. Watts moved to approve the Consent Agenda with the removal of the Rogers & Sons Concrete invoice. J. Mitchell seconded. All voted aye.

APPROVED CONSENT AGENDA WITH REMOVAL OF ROGERS & SONS CONCRETE INVOICE.

VII. APPEARANCE/COMMENTS/PUBLIC HEARING:

  1. APPEARANCE: Justin Meeks – Resolution for 1% Countywide Sales Tax – Mr. Meeks said that he was here this evening on the 1% countywide sales tax that was passed in 2011 and will be on the upcoming November ballot to be renewed. The County hopes to get this passed on the ballot to continue their hard surface road program. At their next meeting, the Bourbon County Commission will be following K.S.A. 12-187 and approving to put this back on the ballot for approval by the residents of Bourbon County.

City Manager said that this is a very important sales tax.

B. CITIZEN COMMENTS (Concerning Items Not on Agenda – 5 minute limit per citizen)

Amy Marsh – Pit Bulls in City Limits – Ms. Marsh gave handouts to the City Commissioners. Currently the City has a ban on pit bull dogs and any breed thereof. She has some research and wanted to go over it with them. She said that there is no such thing as a pit bull. Most dogs of mixed breeds are all determined pit bulls. Breed specific laws don’t protect communities because all dogs can bite. It doesn’t matter if it is a pit bull or not; they can be difficult to enforce. It’s unfair to responsible owners. She, nor her mother, never take their dogs out without leashes. They take them to the park with leashes because they are responsible dog owners. The American Kennel Club does not have a pit bull breed standard. She asked the Commission to read the literature that she handed out. She gave out statistics on dog incidents and attacks. She said most of these attacks are from reckless owners who don’t teach their dogs obedience. She asked the Commission to consider a breed neutral law.

Kevin Allen asked if the City had a pit bull law.

Amy said yes the City does, but the County does not.

Kevin told her that the Commission would look these documents over and discuss at the next meeting.

Vince Loffredo -Mr. Loffredo said that he came to the last meeting about the lake meeting. He appreciated the clarification about the Lake Advisory Board meeting and the City Commission meeting. He said that he thinks this meeting will help as they want to preserve this land. They would be in favor of not selling the land. There needs to be time for us to invest and think about this land. He said that he got a call from the Lake Advisory Board at the last minute saying that we needed to come up with deed restrictions in three days. That is difficult and not easily done. They are needed for this property.

Kevin Allen said that this property has been there since 1957 and three days is not enough time.

Mr. Loffredo said that delaying the sale of this land would be a good thing. He encouraged them to think about combining the City and County government. There is an opportunity for the beach and boat ramp area for the City to generate revenue. There are lots of people that come to this lake. Revenue could be made through camping spots which could help in maintaining the lake.

He said his last item is that he is the Education Director for American Family of County Physicians for over 300,000 family physicians and does education for COVID-19. A few of us did not wear a mask at the last meeting. He is happy to see all the masks that are being worn tonight. It starts in this room and people are watching you. People need to see leadership and masks being enforced. He asked them to please wear their masks as Dr. Nichols has encouraged you to also.

Nancy Van Etten – Nancy shared a power point presentation to the Commission. She is the Chairperson of the Lake Advisory Board. She mailed a letter to JoLynne Mitchell, the Mayor on July 21st, 2020, regarding the real estate auction of 17 acres scheduled for August 15th, 2020. At the July 21st City Commission meeting on page 17 of the minutes, the auction was postponed, and the City Commission unanimously voted to meet with the Lake Advisory Board and the public and hold a meeting. Her power point showed pictures of Lake Fort Scott and showed what a beautiful place it is to live. It is a beautiful place for wildlife, a beautiful place to fish, and a beautiful place to play. Lake Fort Scott provides quality residential living with waterfront homes. There are 62 lots developed on the west side which is 190th Street. There are 78 lots developed on the east side which is 195th Street. There are 140 lots total resulting in millions of dollars of valuation generating significant tax dollars for local taxing entities. Concerns from the Lake Advisory Board Committee – This board was created in January 2020 to advise the City on lake issues. There was no input from the Board on the decision to sell the 17 acre plot. The board wishes to keep the lake and surrounding area as beautiful and natural as it is today. The Board would like the opportunity to plan for smart future growth. The Board would like to offer alternative options. Alternative options include: Do not sell the 17 acres of property adjacent to homeowners across 195th Street; Sell City owned waterfront lots rather than treed property; Sell the 17 acres with deed restrictions as agreed between the City and the Lake Advisory Board with the option of individual lot purchase to those properties across 195th Street; and Apply deed restrictions. An example of those deed restrictions are as follows: Not more than one single family dwelling house may be erected or constructed on any one lot, nor more than one other building for garage or storage purposes; No pre-assembled type of housing, trailer house or mobile home; All buildings must be completed within six months from the date construction commences; No duplexes, condominiums, or apartments; No outside toilets. No wastewater shall be permitted to enter into Lake Fort Scott; No commercial, noxious or offensive trade or activity shall be permitted on any lot, nor shall anything be done thereon which shall be or become an annoyance or nuisance to the neighborhood, no animals or fowl shall be kept or maintained on said lot except customary household pets; and fertilizer and insecticide application is prohibited. They want and need smart growth at Lake Fort Scott. She asked that a meeting be set as soon as possible between the City Commission and the Lake Advisory Board and the residents.

Nancy Maze – Mrs. Maze thanked the City Commission for the thankless job that they do serving as City Commissioner. She is here to show support for the Lake Advisory Board to not sell the 17 acres. She isn’t sure that they realize that this governing body is their only protection for what goes on at the Lake. Most of the Lake is bordered by property owned by the City of Fort Scott. The reasoning of the leaders that have come before you who kept the City owned property in tact was given no County zoning regulations whatsoever, there was need for protection on the lake, its property owners, and potential for overcrowding the lake surface – the City’s water supply. Those who live on the Lake full time and those who own property and use the Lake often are hopeful that you will use the power bestowed on you to provide that protection we so desperately need and to not sell the property which buffers the Lake and its residents. For 60 years, Commissioners have found a way to meet their budgets without selling City owned Lake property. Please continue to follow that tradition. Please don’t be the first.

Patty LaRoche – Mrs. LaRoche said that she will not be long because the other Lake owners have said basically what she wanted to say. She thanked the Commission for including the Lake residents in this decision. There has been a lot of confusion about those 17 acres. One of the problems she noticed is how the motions are carried out. There have been motions before the next motion. She got an email from Nancy about deed restrictions. She said that there is a meeting that is going to take place – the Lake owners, the Lake Advisory Board, and the City Commission. She said that there was a motion that was passed. She was just here to clarify that this meeting is going to happen. She researched lake deed restrictions and it is crazy to ask them to look at these legalities. She asked them to please leave this acreage alone. At the south end on 195th Street, there is an old gazebo that could be sold. It is an embarrassment. It would probably bring $80,000. She encouraged them to follow their motions that are made.

Discussion was held about the last meeting in July and if all Commissioners needed to meet with the Lake Advisory Board Committee and residents and confusion regarding that motion.

Patty said that the minutes do reflect the correct motion to hold a meeting and to postpone the sale of the 17 acres at this time.

Nancy Van Etten said that we need to have this meeting and that the Lake Advisory Board is willing to meet anytime.

Pete Allen said that there is an ordinance that states that the sale of any lake lot that the restrictions is subject like as to any lot in the City of Fort Scott. They will be treated as a lot in the City of Fort Scott. He thinks this ordinance is from 1975.

Seth Needham – Seth said that this is a subject he wants to bring up that he is passionate about. As a citizen, he tries to do a lot to make our Parks better. He brought up a basic maintenance issue that isn’t getting done and creating safety issues. He took his son to Gunn Park and his son sat down on the end of a picnic table and the seat came up. He was able to catch him before he fell, or one of the 2 X 6 boards would have hit him in the head. The seat wasn’t even attached or screwed on. Last week he went to Fisher Park by Buck Run. He put his son in the swing and he thought something wasn’t right. The weld had broken, and he was able to catch him. What if he hadn’t been there to catch him. It’s getting bad out there. The bathrooms are not good either. The lack of maintenance at Nelson Park is bad. Missing tiles were not replaced, and cracks were not filled. It is a big slimy mess after a rain. He has saw numerous kids fall down there because they slip and fall. The second playground at Gunn Park – the surface is 8” below what the manufacturer recommends. These specifications should be followed. It is not up to code. Some kid is going to get severely hurt. He would like the Commission to address this and come up with a plan.

Kevin Allen asked if there was a Park board and if we should look into this. He asked about the golf course employees during their slow time and if they could help in the parks. There is only two people in the Parks Department. Maybe other employees could help the Parks Department out like the Fire Department.

Seth said that children need to be able to go to the bathroom safely. There were wasps in the toilet paper holder. He would like the City Commission to address this.

Susan said that there is a Park Committee ordinance which is old.

Kevin Allen made a motion to create a Parks Committee. Pete Allen seconded. All voted aye.

APPROVED TO CREATE A PARKS COMMITTEE.

Seth also asked them to check into the electrical issues at the parks.

Vince Loffredo informed the Commission that they could be held liable for issues at the Parks.

Michael Hoyt – Mr. Hoyt asked if there were any ordinances in effect that requires house numbers be placed on houses. He is working for the census and it is difficult to find house numbers. He asked about the Police and Fire Departments and if they require one. He recommended that the City get an ordinance requiring one.

He said he sent each City Commissioner an email and he has only received one response. He said he expects a response from each and every one of them. If not, he will bring it up at a meeting.

Kevin said that he didn’t get a copy of it.

Mr. Hoyt said he would get him a paper copy. It refers to the $10,000 Code of Ethics and how many items we have tabled at these meetings that never come up again. He illustrated at least four. That adds to your confusion as you don’t know what is going on. You table it and you never come back to it. He recommended that when you table something you make a date as to when you will bring it back again.

His last item, and he talked with Travis (Shelton) extensively about it and this is the only thing that he and Dr. Nichols have agreed upon, is the guns that he wanted to sell at auction should be destroyed. He has come across some problem areas and he pointed out that the sale of those guns would be problematic. He recommended a silent contribution for those guns, no one ever takes ownership, and Travis has them destroyed, and the money goes to the Parks. He said that he will make the first contribution towards it of $500.00.

Pete said that he accepted that challenge.

Kevin said that he had visited with the Sheriff’s Department also about this.

Travis Shelton, Chief of Police, said that he found two guns in that lot out of the twelve that he wanted to hold back that he had problems with. A Statute was brought to his attention regarding the two guns.

Pete asked if an auction would still be held and whoever buys them would destroy them?

Travis said that if they don’t change hands, he cannot sell them to someone who is not a firearm’s dealer.

Mr. Hoyt said who would want to take ownership of a gun that was used in the commission of a crime anyway.

Kevin said that he would like to table this for two weeks.

City Clerk said that a motion was made to sell these firearms. You will need to rescind your motion to sell those firearms.

Pete Allen made a motion to rescind to sell the firearms that were seized by the Police Department. Kevin Allen seconded. K. Allen, P. Allen, R. Nichols, and J. Mitchell voted aye. L. Watts abstained. Motion carried 4-1.

MOVED TO RESCIND THE SALE OF THE FIREARMS THAT WERE SEIZED BY THE POLICE DEPARTMENT.

Randy asked for clarification that Travis will bring back to the Commission in two weeks what can and cannot be done with these firearms?

Dave Martin said that he understood that you will have $1,000 that will go into Parks. You will need to decide in two weeks.

C. PUBLIC HEARINGS/COMMENTS:

L. Watts moved to open the Public Hearing at 7:38 p.m. R. Nichols seconded. K. Allen, R. Nichols, L. Watts and J. Mitchell voted aye. P. Allen voted no. Motion carried 4-1.

OPENED PUBLIC HEARING AT 7:38 P.M.

6:00 p.m. – 2021 Budget Hearing – Adoption of 2021 Budget – Susan Bancroft, Director of Finance, informed the Commission that the 2021 budget has been presented to them. This is open for public comments and questions.

Michael Hoyt asked if there was an easy way to do a Performa of the budget. If the sales tax does not pass in November, how would this document change?

Susan said that this document would change in January and a budget meeting would be set up with the Commission and $700,000 would be cut out of the budget. Cuts would need to be made then.

Nancy Van Etten asked where the $45,000 for the sale of the lake property was in the budget document and what changes would have to be made if this was removed.

Susan said that it was on page 8 in the budget document. There is $60,000 for this year and $20,000 for next year. She said that every month adjustments are made to the budget. If it is not sold, some expenditures will need to be cut back on.

Kevin said that he would like that amount removed from the budget. He asked about material defect at the lot on North National that is for sale. He said that there is an old building in that lot. He said that test samples could be taken. He thinks this property should be looked at before it is sold.

City Manager said that he will check into this.

Susan said that she would like to keep the budget as it is. There has been some unexpected revenue that will come from LaRoche Stadium rentals that will assist in this $60,000 amount. She will plan on not having those funds from the sale of property. She would like to leave the budget as is.

L. Watts moved to close the Public Hearing at 7:53 p.m. R. Nichols seconded. All voted aye.

CLOSED PUBLIC HEARING AT 7:53 P.M.

R. Nichols moved to approve the 2021 Budget. L. Watts seconded. K. Allen, R. Nichols, L. Watts, and J. Mitchell voted aye. P. Allen voted no. Motion carried 4-1.

APPROVED 2021 BUDGET.

VIII. CONSIDERATION:

  1. Consideration of Charter Ordinance No. 31 – Sewer/Storm Sewer Ordinance – Susan Bancroft, Director of Finance, informed the Commission that this is a charter ordinance before them. She asked Jeff Deane, City Attorney, to explain the charter ordinance and the process.

Jeff said that this is a charter ordinance before them and explained the process to the Commission. This does require a ¾ majority of the vote of the Commission for passage. There is a 60 day protest period also.

Susan said this ordinance before them allows us to make transfers appropriately. The storm water is part of the sewer fund by definition. She has spoke with the auditor and he is agreeable to it being broke out this way. If this ordinance is not passed, major changes will have to be made to the budget because this is funding the water fund capital reserves, the sewer fund capital reserves, and part of the general fund. This is important and pulls the budget together. She also called the League of Kansas Municipalities about this and they said that everyone interprets the Statute differently. The Statute is 12-8-25(d).

R. Nichols moved to approve the Charter Ordinance No. 31 regarding sewer and storm sewer reserve funds. L. Watts seconded.

Pete said that he strongly opposes this ordinance. We have an ordinance on the books that the revenues from the sewers is to be used only for sewers. That ordinance has been abused and transfers have been made illegally. This happened to the streets in 1987. Administration should not go around our ordinance and use this for other things and he doesn’t think it is a wise decision.

Susan said that all these funds support infrastructure. She discussed the transfer amounts for 2020 and 2021. Significant cuts would need to be made to the budget if this is not approved.

Kevin asked if it was possible to table this item for a couple of weeks to discuss it further.

City Clerk said that a motion and a second has been made.

Lindsey said that Staff is trying to make the best decision possible for the City.

Roll call was taken. K. Allen, R. Nichols, L. Watts, and J. Mitchell voted aye. P. Allen voted no. Motion carried 4-1.

APPROVED CHARTER ORDINANCE NO. 31 – EXEMPTING THE CITY OF FORT SCOTT, KANSAS FROM THE PROVISIONS OF K.S.A. 12-631P RELATING TO THE DISPOSITION OF SEWER AND STORM SEWER RESERVE FUNDS.

  1. Consideration of Bids – Sanitizing Equipment to be used at PD/FD/EMS buildings (purchased through grant received) – Dave Bruner, Fire Chief, informed the Commission that the Fire Department received a Federal Coronavirus Emergency Supplement Grant in the amount of $12,201.00 from the State of Kansas to purchase disinfecting cleaning supplies for Fire Station #1, Fire Station #2, and the EMS building. The Pool and Buck Run can also use this disinfection system. The City received two bids for this equipment. The first bid was from Pur-O-Zone of Lawrence, Kansas in the amount of $12,546.00 and the other bid was from Four States Maintenance of Independence, Kansas in the amount of $12,083.89, but this bid did not meet specifications. He asked for approval for the bid from Pur-O-Zone in the amount of $12,546.00 with the $345.00 remainder from the grant used from the Fire Department operating fund.

R. Nichols moved to approve the bid from Pur-O-Zone of Lawrence, Kansas in the amount of $12,546.00 for disinfecting supplies. L. Watts seconded. K. Allen, R. Nichols, L. Watts, and J. Mitchell voted aye. P. Allen abstained. Motion carried 4-1.

APPROVED BID FROM PUR-O-ZONE OF LAWRENCE, KANSAS IN THE AMOUNT OF $12,546.00 FOR DISINFECTING SUPPLIES.

Kevin Allen left the meeting at 8:29 p.m.

  1. Skitch’s Hauling & Excavation Invoice – June port-a-potties – $2,948.00

L. Watts moved to approve the invoice for $2,948.00. R. Nichols seconded. All voted aye.

APPROVED SKITCH’S HAULING & EXCAVATING INVOICE FOR JUNE 2020 IN THE AMOUNT OF $2,948.00.

Kevin Allen returned to the meeting at 8:30 p.m.

  1. Consideration to allow alcohol at Memorial Hall on September 5th, 2020 for Special Olympics event – Allyson Turvey, Tourism/Community Development Manager, informed the Commission that a local group has requested permission to host a cornhole tournament fundraiser in Memorial Hall on Saturday, September 5th, 2020. The proceeds from this tournament will go to the Kansas Special Olympics. This organization usually sponsors a golf tournament, but it was cancelled this year due to COVID. She asked for approval to allow Sharky’s to sell alcohol at this event. She has checked with the Public Health Officer regarding this event. She is in approval of this event as long as signage and social distancing is observed. The City has checked with their insurance carrier also and KCAMP has approved this event.

Discussion was held as to who will monitor the social distancing of this event.

Ally said she will discuss with the organizers of the event regarding these concerns.

K. Allen moved to approve to allow alcohol at Memorial Hall for the Special Olympics event to be held on September 5th, 2020. L. Watts seconded. K. Allen, L. Watts and J. Mitchell voted yes. R. Nichols and P. Allen voted no. Motion carried 3-2.

APPROVED TO ALLOW ALCOHOL AT MEMORIAL HALL FOR THE SPECIAL OLYMPICS EVENT TO BE HELD ON SEPTEMBER 5TH, 2020.

Ally said that she has good news to share about LaRoche Stadium. She has been working hard to market the stadium. She has booked the Midwest Nationals all weekends from September to October of 2020 and now they are wanting next fall booked also. Our local teams have booked their tournaments, so the summer is locked down. Also, the 6A baseball tournament will be held there next May. The National Club Baseball Association has chosen LaRoche Stadium to host their DII event in 2021. This is a six-day tournament estimated at 300 rooms and the economic impact will be between $250,000 to $400,000. The goal is to have them have this event here yearly.

  1. City building in Industrial Park discussion – Dave Martin, City Manager, informed the Commission that the First Source building will be available in December. We have shown the building to some interested parties. He would like to have the Commission’s input on how to proceed with this building. First Source would like to know if the City has any interest in the partitions and cubicles and furniture that they have. He will bring this back before them at the first meeting in September.

  1. Sunday liquor sales Ordinance No. 3564 – Dave Martin, City Manager, informed the Commission that the City Clerk had done all the research on this.

Diane Clay, City Clerk, said that this ordinance was approved by Jeff Deane, City Attorney, and by Doug Taylor, Assistant Attorney General for the State of Kansas. This ordinance will allow expanded Sunday alcohol sales in the City of Fort Scott.

The sale at retail of cereal malt beverage in the original packet is allowed within the City of Fort Scott Monday through Saturday from 6:00 a.m. to midnight and on any Sunday, except Easter, between the hours of 12:00 noon and 8:00 p.m.

The sale at retail of alcoholic liquor in the original packet is allowed within the City of Fort Scott Monday through Saturday from 9:00 a.m. to midnight and on any Sunday, except Easter, Thanksgiving, and Christmas Day, between the hours of 12:00 noon and 8:00 p.m.

This ordinance shall take effect 61 days after the publication or on October 23, 2020 unless a sufficient petition for a referendum is filed pursuant to K.S.A. 41-2911(b)(2) in which this ordinance shall become effective upon approval by a major of the electors voting therein.

J. Mitchell moved to approve the Sunday/expanded liquor and cereal malt beverage sales in the City of Fort Scott. K. Allen seconded. All voted aye.

APPROVED ORDINANCE NO. 3564 AUTHORIZING SUNDAY SALES OF ALCOHOLIC LIQUOR AND CEREAL MALT BEVERAGES IN THE ORIGINAL PACKAGE WITHIN THE CITY OF FORT SCOTT, KANSAS, AND REPEALING PORTIONS OF SECTION 5.12.070 OF THE FORT SCOTT MUNICIPAL CODE.

IX. COMMENTS:

  1. Director Updates:

Susan Bancroft – Golf Cart Lease Discussion – Susan said that she brought before them at an earlier meeting the golf cart lease. She didn’t think that it was handled correctly. She believes it needed to be a sealed bid process. She asked that the Commission rescind their bid from Kansas Golf and Turf from the July 7th, 2020 meeting which approved their lease and to go out for sealed bid.

L. Watts moved to rescind the bid from Kansas Golf and Turf for the golf cart lease. J. Mitchell seconded. All voted aye.

APPROVED TO RESCIND THE BID FROM KANSAS GOLF AND TURF FOR THE GOLF CART LEASE.

L. Watts moved to go out for sealed bid for the golf cart lease for 2021. R. Nichols seconded. All voted aye.

APPROVED TO GO OUT FOR SEALED BID FOR THE GOLF CART LEASE FOR 2021.

Commissioner Pete Allen left the meeting at 8:47 p.m.

Rachel Pruitt – Airport Expansion Public Hearing – Rachel said that a notice was published on an upcoming public hearing to be held on September 15th, 2020 at 5:00 p.m. She handed out a timeline summary of this project and went over this summary with the Commission. She has a copy of the environmental assessment if any of the Commission wishes to view it.

  1. Commission:

Randy Nichols – He thanked Vince Loffredo for his reinforcement of the wearing of masks this evening. He also wanted to clarify that the whole City Commission was going to attend the meeting with the Lake Advisory Board.

Lindsey Watts – Lindsey said that yes, we are meeting with the Lake Advisory Board and just need to move forward and get a date set.

Pete Allen – Not present.

Kevin Allen – Kevin said that we passed the Code of Ethics at the last meeting. He wanted to state that he didn’t think the City Attorney’s quote was very appropriate towards Mr. Hoyt.

City Attorney said that he knows he was very direct and quick to step in. It wasn’t something he could not do.

Kevin said the last part where he could hang himself is what he thought was inappropriate.

City Attorney said that there is such a thing as unauthorized practice of law and he should be clear when he is talking.

Kevin said maybe next time he could be kinder.

He said that he is still concerned about streets and them not getting fixed. He mentioned 3rd and Judson. Someone told him they were starting to work on that. He said that there is a storm sewer there.

The drop off at City Hall – the holes on Wall Street.

He thinks we need to have a bigger venue for our meetings.

He asked Dave Martin to get with Seth Needham about the parks. Dave said that he will.

He said that he could help fix up the port-a-potties with some of his to help Seth Needham out.

He mentioned that he is serious about the golf course employees during their slow time to help the Parks Department.

City Manager will check into this.

JoLynne Mitchell – Nothing to report.

  1. City Attorney: Nothing to report.

  1. City Manager: Nothing to report.

ADJOURNMENT:

R. Nichols moved to adjourn the meeting at 9:15 p.m. L. Watts seconded. All voted aye.

ADJOURNED MEETING AT 9:15 P.M.

The next regularly scheduled meeting is to be held on September 1st, 2020 at 6:00 p.m.

RECORDED BY:

DIANE K. CLAY

CITY CLERK

Agenda For FS City Commission Sept.1: Note Change of Venue

AGENDA

FORT SCOTT CITY COMMISSION

BUCK RUN COMMUNITY CENTER

COREY LARSON GYMNASIUM

735 SCOTT AVENUE

SEPTEMBER 1, 2020

6:00 P.M.

I. ROLL CALL:

K. ALLEN P. ALLEN NICHOLS WATTS MITCHELL

II. FLAG SALUTE:

III. INVOCATION: Pastor (to be announced)

IV. PROCLAMATIONS/RECOGNITIONS:

V. CONSENT AGENDA:

  1. Approval of minutes of the regular meeting of August 18th, 2020 and special meeting of August 20th, 2020.

  1. Approval of Appropriation Ordinance 1270-A totaling $1,554,358.29.

  1. Request to Pay #2 – Home Center Construction, Inc. – $29,232.00 – Water Treatment Plant Fire Damage

  1. Request to Pay #3 – Home Center Construction, Inc. – $30,225.50 – Water Treatment Plant Fire Damage

  1. Certificate of Appropriateness – Sign at 19 S. National – Structures by Margo

  1. Certificate of Appropriateness – Sign at 124 E. Wall – H-Bar Suites – Hole in the Wall Liquor

  1. Request to Pay – HDR Engineering, Inc. – River Intake Project – $6,394.38

  1. July financials

VI. APPEARANCE/COMMENTS/PUBLIC HEARING:

  1. APPEARANCE:

Anne Rawlins – Sewer Incident

B. CITIZEN COMMENTS (Concerning Items Not on Agenda – 5 minute limit per citizen)

C. PUBLIC HEARINGS/COMMENTS:

VII. CONSIDERATION:

  1. Report from City Attorney on Union Lofts project

  1. Sale/Destruction of firearms

  1. Furniture at First Source building

  1. Skitch’s Hauling & Excavation Invoice – July port-a-potties – $3,335.50

VIII. COMMENTS:

  1. Director Updates:
  1. Commission:
  1. City Attorney:
  1. City Manager:

EXECUTIVE SESSION:

I MOVE THAT THE CITY COMMISSION RECESS INTO EXECUTIVE SESSION.

THE SUBJECT MATTER OF THE RECESS IS THE DISCUSSION OF:

The statutory justification for the recess is:

K.S.A. 75-4319(b)(1) – to discuss matters of non-elected personnel;

K.S.A. 75-4319(b)(2) – consultation with the City Attorney on matters that would be deemed privileged in the attorney-client relationship;

K.S.A. 75-4319(b)(3) – to discuss employer-employee negotiations whether or not in consultation with the representative(s) of the public body or agency;

K.S.A. 75-4319(b)(4) – to discuss data relating to financial affairs or trade secrets of corporations, partnerships, trusts, and individual proprietorships;

K.S.A. 75-4319(b)(6) – for the preliminary discussion of the acquisition of real property.

The Executive Session will be for _________ minutes long and the open meeting will resume at ___________ am/pm.

X. MOTION FOR ADJOURNMENT

FS City Commission Will Meet at Buck Run on Sept. 1

CITY OF FORT SCOTT NEWS RELEASE

August 28, 2020

The September 1st, 2020 City Commission meeting will be held at Buck Run Community Center in the Corey Larson Gymnasium (1st gym), 735 Scott Avenue, Fort Scott, Kansas. The meeting will begin at 6:00 p.m.

This meeting is open to the public. This meeting will also be made available via the City’s youtube channel at City of Fort Scott.

Increased COVID-19 Testing

Governor Laura Kelly Announces Thermo Fisher Expansion to Help Increase COVID-19 Testing Statewide, Create Jobs

 

TOPEKA – Governor Laura Kelly today visited Thermo Fisher Scientific in Lenexa to celebrate the opening of the company’s new Viral Transport Media manufacturing site, which will play a critical role in Kansas’ comprehensive COVID-19 testing strategy and create more than 300 full-time jobs.

 

“I want to thank the Thermo Fisher team for its work in protecting our health and safety and helping Kansas tackle the many challenges brought on by COVID-19,” Governor Kelly said. “By significantly increasing the manufacturing capacity of this facility, Thermo Fisher will not only have a positive impact on public health, but will help my administration as we work to rebuild our state’s fiscal foundation and make our economy stronger than it has ever been – not just returning to pre-pandemic conditions.”

 

Thermo Fisher has been producing COVID-19 testing products since the onset of the pandemic.

 

Built in just six weeks, this $40 million facility has created more than 300 new full-time jobs and added 120,000 square feet of manufacturing capacity in Lenexa. The company estimates that more than 150 million testing products will be produced by the end of the year.

 

Secretary of Commerce David Toland joined Governor Kelly at today’s ribbon cutting and groundbreaking ceremony.

 

“The need for research and development of pharmaceuticals to test for and combat COVID-19 is essential to our economic recovery, and Thermo Fisher is stepping up to help take on this huge task,” Secretary Toland said. “Thermo Fisher is doing extremely important work for COVID-19 research, and I’m proud that such important, critically needed products will be produced in Kansas.”

 

Today’s ribbon cutting and groundbreaking ceremony not only established the new Lenexa facility, but it also signified the beginning of Phase 2 of the project, which will focus on new research and development in the fight against COVID-19.

 

For more information on Thermo Fisher, including the viral transport media manufacturing site in Lenexa, visit their website here.

 

The below photos are available for media use:

 

https://governor.kansas.gov/wp-content/uploads/2020/08/IMG_0501.jpg

 

https://governor.kansas.gov/wp-content/uploads/2020/08/IMG_0505.jpg

 

https://governor.kansas.gov/wp-content/uploads/2020/08/IMG_0510.jpg

 

https://governor.kansas.gov/wp-content/uploads/2020/08/IMG_0512.jpg

 

https://governor.kansas.gov/wp-content/uploads/2020/08/IMG_0509.jpg

 

https://governor.kansas.gov/wp-content/uploads/2020/08/IMG_0507.jpg

 

Virtual KS Products Fair

Purple Ribbon Marketplace Offers Virtual State Fair Opportunity

 

MANHATTAN, Kansas — The Kansas Department of Agriculture’s state trademark program, From the Land of Kansas, and a variety of its member companies will be exhibiting in a virtual state fair-like experience, September 11-20, to showcase Kansas products.

 

The virtual experience, called Purple Ribbon Marketplace, will feature special deals like half-off shipping, as well as fun and interactive opportunities to learn about Kansas agriculture businesses and the stories behind them. KDA created a Facebook group, www.facebook.com/groups/thepurpleribbonmarketplace, and launched it on August 28 to begin sharing the stories about its members before product sales begin on September 11.

 

Since the cancellation of the Kansas State Fair due to the COVID-19 pandemic, the program wanted to find an alternative way to showcase these Kansas businesses and offer consumers the opportunity to purchase local products.

 

“This will be an easy way for these businesses to remain connected with consumers so they can enjoy high-quality food and unique products and share with their family and friends,” said Janelle Dobbins, From the Land of Kansas program director. “This virtual format will allow for more interaction, and, of course, the special state fair offers we all love.”

 

A variety of Kansas products will be offered through the Purple Ribbon Marketplace including popcorn, cheese, sunflower oil, coffee, spice and dip mixes, sauerkraut, and honey. A local distillery will also be selling their hand sanitizer.

 

From the Land of Kansas is the state’s trademark program that promotes and celebrates agricultural experiences and products grown, raised or produced in Kansas. It supports the KDA mission to serve Kansas farmers, ranchers, agribusinesses and consumers by providing agribusiness marketing opportunities to participating local businesses and allowing consumers to identify and choose to support Kansas products.

 

For more information about the program and its members, visit fromthelandofkansas.com or engage with the program through social media by following From the Land of Kansas on Facebook, Twitter, Instagram and Pinterest. Shop for Kansas products year-round at shop.fromthelandofkansas.com.

 

Prisoner Review Board Location Change

Kansas Prisoner Review Board Topeka Public Comment Session

Location Change

 

TOPEKA, Kansas – The Kansas Prisoner Review Board (PRB) announced today a change of location for the Public Comment Session scheduled for Friday, August 28, 2020.

 

Due to the announced closure of the Topeka Municipal Court building, the session has been relocated to the Florentine Room of the Jayhawk Tower located at 700 S.W. Jackson Street, Topeka, Kansas, 66603. Participants will be limited to 25 people at a time to meet social distancing requirements.

 

Participants who need assistance with directions or have questions about this change may call (785) 746-7529.

 

KDHE amends travel quarantine list

 

 

TOPEKA – The Kansas Department of Health and Environment (KDHE) has amended its travel quarantine list guidance to include Aruba. Additionally, those countries which previously held a CDC Level 3 Travel Health Notice with restrictions have been removed from the list effective today – this is in line with newly issued CDC guidance.

 

“While we are removing certain countries from our travel restrictions in line with CDC guidance, we will continue to issue travel quarantines of locations or activities that pose the largest threats to Kansans,” Dr. Lee Norman, KDHE Secretary, said. “For countries and/or states, the criteria will continue to be those that have new case rates three times the Kansas rate.”  

 

A comprehensive list of those individuals needing to quarantine for 14 days includes visitors and Kansans who have:

 

  • Travel to Aruba on or after August 27.
  • Attended/traveled to mass gathering events out-of-state of 500 people or greater on or after August 11.
  • Traveled July 14 – August 27 to countries with a CDC Level 3 Travel Health Notice and restrictions on entry into the United States, including China, Iran, European Schengen area, United Kingdom, Republic of Ireland, and Brazil.
  • Been on a cruise ship or river cruise on or after March 15.

 

Critical infrastructure sector employees who have travelled to these destinations or gatherings should contact their local health department regarding instructions for application of these quarantine orders while working. Critical infrastructure employees, such as public health, law enforcement, food supply, etc., need to have the staffing resources to continue serving Kansans so the local health department may allow a modified quarantine. Please note the only exemption for these quarantine mandates for critical infrastructure sector employees is work – they are not to go any other locations outside of work.

 

“If you are choosing to travel, in-state, out-of-state or internationally, please know that even though travel may be opening, there are inherent risks,” Dr. Lee Norman, KDHE Secretary, said. “Be sure to wear masks, practice social distancing and use proper hand hygiene. And, if you’re not feeling well, stay home!”

 

For more information on COVID-19, please visit the KDHE website at www.kdhe.ks.gov/coronavirus.

Bourbon County Commission Minutes of Aug. 13

August 13, 2020 Thursday 10:00 am

The Bourbon County Commission met in open session to hold the 2020 Primary Election canvass, all of the Commissioners, the County Counselor and the County Clerk were present for the canvass. Present for the canvass were the following; Tammy Helm with the Fort Scott Tribune, Michael Hoyt, Hazel Swarts, Sparky Schroeder and Julie Saker.

The Commissioners had a 2021 budget review beginning at 1:30 pm. Present for the meeting Lynne Oharah, Nick Ruhl, Kendell Mason and Justin Meeks, also present were Tammy Helm with the Fort Scott Tribune, Michael Hoyt and Hazel Swarts. The Commissioners said they were budgeting for 4 additional employees for the Road & Bridge departments (2 employees for a bridge crew and 2 employees for a ditching crew), Michael Hoyt questioned how the Commissioners were going to cover the loss of the Public Works director and the foreman; Lynne said they would open up the positions up for applications. The Commissioners decided to add $3,694.82 to the Correctional Center wages to help fund raises for two salaried employees, (this raise will not go into effect until a wage resolution is adopted to put the raises into effect). Lynne said a raise has been built into the IT department’s budget. Michael Hoyt questioned what expenses had been removed from the Commission budget and the Attorney’s budget; Lynne said expenses were removed from the Commission budget and that moving/remodeling expenses were removed from the Attorney’s budget that had been built in the prior year’s budget, District Court’s 2021 budget is more than 2020 due to money budgeted for Courthouse security, the Commissioners said the I/T’s overall budget is higher than 2020 to cover the cost of I/T expenses at the Hospital and if the County doesn’t take over the Hospital the money will be used as a carryover for the general fund. The Commissioners discussed the County Counselors 2021 wages; Lynne said currently the County Counselor makes $64,000 annually, he said the wages will increase to $78,000 in 2021 and the County Counselor will be paid as a 1099 employee without any benefits, he will pay for his own office supplies and CLE’s, $12,000 is budgeted in contractual for the tax sale work; Michael Hoyt suggested to make sure that the County Counselor meets the definition of an IRS 1099 employee. Tammy Helm questioned if part of the economic development’s salary is paid by grant money; the Commissioners said part of that salary will be paid by the Healthy Bourbon County Grant. The Commissioners continued to go through the 2021 budget; Lynne said they hope to have enough surplus in the ambulance fund to purchase a replacement ambulance. The Commissioners said the Road & Bridge 1% sales tax will be on the General Election 2020 ballot. Hazel Swarts questioned where the COPS and Sparks grants were accounted for on the 2021 budget; the Commissioners said the COPS is labeled as the SRO under the Sheriff’s revenue, Hazel questioned where the vehicle would come from for the SRO officer; the Commissioners said that the Sheriff stated he had a spare vehicle for this position.

Lynne made a motion to publish the 2021 budget as presented with the additional $3,694.82 for the Correctional Center wages, Nick seconded and the motion passed. Nick made a motion to hold a 2021 budget hearing on August 25th @ 10:00 am, Lynne seconded and the motion passed.

Lynne made a motion to adopt Resolution 25-20; a resolution with the results of the 2020 Primary Election, Nick seconded and the motion passed and they signed the resolution.

At 2:47, Lynne made a motion to adjourn, Nick seconded and the motion passed.

THE BOARD OF COMMISSIONERS
OF BOURBON COUNTY, KANSAS
(ss) Lynne Oharah, Chairman
(ss) Jeff Fischer, Commissioner
(ss) Nick Ruhl, Commissioner
ATTEST:
Kendell Mason, Bourbon County Clerk
August 18, 2020, Approved Date

Chlorine Burnout Will Take Five Weeks

City of Fort Scott – Press Release

The City of Fort Scott Water Utility will be initializing a free chlorine burnout of the water distribution system starting Thursday, August 27th and ending as soon as a free chlorine residual is established throughout the entire system (approx. 5 weeks).

This burnout is necessary maintenance of the water distribution system which will help maintain State standards for disinfection residual levels and ultimately maintain the high water quality that you have come to expect.

Occasionally during this process customers may temporarily experience low pressures, taste or odors, discolored water, or even some sediment in their water.

We do apologize for any inconvenience this may cause.

Any questions, concerns, or comments are welcome.

Please contact the Water Treatment Plant at 223-5160 between 8:00 A.M. and 4:30 P.M. Monday through Friday.

Water Flushing/Burnout Starts Today in Fort Scott

Press release for 2020 Flushing/Burnout

Who: City of Fort Scott Water Utility

What: Is initiating our flushing/ free Cl2 burnout program for the year.

When: Starting on Thursday, August 27th and lasting approximately 5 weeks.

Where: City of Fort Scott – and Bourbon County Rural water districts.

Why: In order to maintain water quality. If this maintenance is not performed in the water distribution system, the water will eventually lose all of its disinfection residual, which could cause water quality to degrade, and could cause the utility of incur disinfectant residual violations from KDHE.

The Fort Scott Water Utility has commenced the annual flushing program along with a free chlorine burnout of the water distribution system. This burnout is a part of necessary maintenance of the distribution system which will help maintain the disinfection residual levels required by KDHE. During this flushing and free chlorine burnout, the disinfectant used in our distribution system will be changed from chloramines to free chlorine which is a stronger and faster-acting disinfectant. Flushing and chlorine burnouts are routine distribution system maintenance conducted by utilities with chloramine disinfection.

There are two common types of chlorine used in water treatment for disinfection purposes, combined chlorine (or chloramines) and free chlorine. Chloramines are created by combining free chlorine with free ammonia. A benefit of using chloramines is that they will retain disinfection residual longer in the distribution system and they do not lend themselves in promoting taste, or a “chlorine” taste in the water. Except during a burn out in the summer time, the City of Fort Scott Water Treatment Plant uses chloramines to disinfect the finished water before entering the distribution system. However, chloramines are not as strong of a disinfectant as free chlorine and it can allow certain types of nitrifying bacteria to grow in the distribution system. These natural occurring bacteria feed on the ammonia found in our finished water. These bacteria are nonpathogenic – they are not a health concern. Nitrifying bacteria which naturally grow in any distribution system when using chloramines can become prolific in warm summer temperatures. They will eventually cause water quality to degrade in the warmer summer months. Also, heat alone is a major factor that will cause disinfectant residuals to dissipate.

This is why surface water systems across the State do an annual or biannual free chlorine burnouts. The term burnout is commonly used because free chlorine is a much more powerful disinfectant than combined chlorine. Free chlorine will oxidize nitrifying bacteria and keep it in check.

Fire hydrants will be utilized to allow flushing of the system to help remove sediment from the pipes and distribute the change in disinfectant. Customers may notice city personnel flushing fire hydrants throughout the city during this period. This free chlorine is pulled through the distribution system by flushing the entire system through fire hydrants, blow-offs, and overflowing water towers.

Occasionally during this process customers may temporarily experience low pressures, taste or odors, discolored water, or even some sediment in their water. During the flushing and burnout you may notice that your tap water tastes different than normal. This is because most people cannot smell or taste combined chlorine in the water, however most people can smell and taste free chlorine in the water. It could also affect the taste of fountain drinks. If you find the chlorine taste unpleasant, it can be helpful to leave an uncovered pitcher of water sit overnight. This will allow some of the chlorine to evaporate and could help improve taste during this time.

The burnout process normally takes four to five weeks after which we can return to the combined chlorine residual and the excellent tasting water of which we are accustomed. We are extremely fortunate to have such a quality water supply available to us. Quality water helps promote quality life. Much of the rest of the world is not as fortunate as we are in water supply and water quality.

If you have any questions, concerns, or comments please contact Michael Mix or Scott Flater at the Water Treatment Plant at 223-5160 between 8:00 A.M. and 4:30 P.M., Monday through Friday.