Category Archives: Government

Millions of Dollars to Local Governments For COVID 19 Expenses

SPARK Taskforce Executive Committee approves proposal of $400 million to local governments for COVID-19 expenses

Commits to delivering resources swiftly and thoroughly to Kansas communities

 

Today, Governor Laura Kelly’s Strengthening People and Revitalizing Kansas (SPARK) Taskforce Executive Committee reviewed and approved a proposal to distribute $400 million to local governments to help address the health and economic challenges inflicted by COVID-19.

 

“Over the last few months Kansans have faced unprecedented challenges because of COVID-19,” Governor Kelly said. “Through it all, they have shown resiliency and compassion that has served as a strong reminder that we are all in this together.

 

“Every region of our State has been impacted by the health and economic crisis of this pandemic. We need to provide local governments with all the resources we can to mitigate the virus and revitalize our economy. We want to make these funds available, so communities can address current challenges and jumpstart our economic recovery,” Kelly said.

 

This is the first action of the SPARK Taskforce, which is charged with distributing over a billion dollars in federal funds Kansas received under the Coronavirus Aid, Relief and Economic Security (CARES) Act.

 

“This fair, impactful and timely distribution of funds to county governments will strengthen our health, speed the reopening of our economy and help our state remain open for business,” Cheryl Harrison-Lee, Executive Director of the Recovery Office, said. “I’m grateful to the Executive Committee members for the swift action they took today and look forward to collaborating with them and the Steering Committee to put the remaining funds to work.”

 

Harrison-Lee proposed a three-phased approach to allocating the funds. The first round will focus on providing relief to county governments which had not already received funding under the CARES Act. Johnson and Sedgwick Counties have already received funds because they have populations over 500,000.

 

Under the SPARK proposal, each county would receive funds based on the following formula:

 

  • Population: All counties are guaranteed to receive at least $194 per person. This is the same amount awarded to Johnson and Sedgwick residents previously.

 

  • Impact Fund: Counties will receive additional dollars based on their COVID-19 case rates and unemployment rates. The purpose of the Impact Fund is to provide additional dollars to those counties hit hardest by the virus. Johnson and Sedgwick counties will receive funds through this fund as well.

Fifty percent of each county’s share will be for reimbursement of COVID-19 related expenses and the remaining 50 percent will be direct aid for eligible expenditures under the CARES Act.

 

To receive funds, counties will be required to pass a resolution affirming they will allocate the funding consistent with the CARES Act and to share and allocate funds to educational and municipal entities within their counties.

 

Under this proposal, there will be two additional funding rounds later this year. Public and private entities will be eligible for funding in the later rounds, which will focus on strategic investments and revitalizing the State’s economy.

 

“While our initial focus is on strengthening health, the second round will target short-term and long-term opportunities to generate economic growth for all Kansans,” Lyle Butler, SPARK Executive Committee Chair, said.  “I’m so pleased at the talent we’ve assembled both on our Executive and Steering Committees – we’re going to need it to make sound, inclusive investments that serve rural and urban Kansas now and in the future.”

 

To find the full presentation, please find it here: https://governor.kansas.gov/wp-content/uploads/2020/06/SPARK-Process_6.2_FINAL_Presentation.pdf

 

Nancy Ingle Files For Senate

Nancy Ingle. Submitted photo.

The 13th Senate District has a new candidate. Nancy Ingle of Pittsburg filed for the Democratic nomination for the Senate Seat. Ingle, a retired attorney, filed on Friday, May 29th.

A native of Pittsburg, Ingle has previously served Crawford County as an assistant prosecutor in the Crawford County Attorney’s office, and also as an Assistant for Policy in the Office of former Governor John Carlin. She worked in the private sector as a manager for a Fortune 500 company, Boeing, and for several highly respected research centers, including Cedars-Sinai and UCLA.

Ingle said that she decided to file for office because she has grown tired of the continuing discord in Topeka. “It isn’t even about being a Democrat or Republican anymore. It’s just plain petty politics. The people of SEK don’t have anyone who will stand up for their interests in the Senate.”

Ingle cited the antics of the Kansas State Senate last week as a very dark day for the people in the State of Kansas. The legislature passed a bill that stripped the Governor of her authority to protect the people. Before the final bill could even be read, they left town.

“If you are serious about governing and representing the people, you don’t treat a legislative bill like a hand grenade; throw it over the fence and run. If you believe what you are doing is right, you stand your ground, you don’t have to sneak out the backdoor.”

There are issues like Medicaid expansion, that have been pending for multiple years because of the back and forth bickering in Topeka. Ingle said, “It shouldn’t matter whose idea it is, if it’s good for your people and the State you need to get behind and push.”

The 13th district includes all of Cherokee and Crawford counties and parts of Bourbon and Labette.

 

Updated FS City Commission Agenda for the Meeting Tonight

AGENDA

FORT SCOTT CITY COMMISSION

FORT SCOTT CITY HALL

COMMISSION ROOM

123 SOUTH MAIN

JUNE 2, 2020

6:00 P.M.

I. ROLL CALL:

K. ALLEN P. ALLEN NICHOLS WATTS MITCHELL

II. FLAG SALUTE

III. INVOCATION: None

IV. PROCLAMATIONS/RECOGNITIONS: None

V. CONSENT AGENDA:

  1. Approval of minutes of the regular meeting of May 19th, 2020 and special meeting minutes of May 22nd, 2020 and amended minutes of May 5th, 2020, and amended special meeting minutes of May 14th, 2020.

  1. Approval of Appropriation Ordinance 1264-A totaling $459,811.91.

  1. Consideration of Fort Scott Housing Authority Appointment – Edna Erie – Resident Commissioner – 4 year term

VI. APPEARANCE/COMMENTS/PUBLIC HEARING:

  1. APPEARANCE:

B. CITIZEN COMMENTS (Concerning Items Not on Agenda – 5 minute limit per citizen) Comments will not be taken during this meeting. If you have a topic to discuss not listed on the agenda, please contact a City Commissioner or send a written request to [email protected].

C. PUBLIC HEARINGS/COMMENTS: 6:15 p.m. Resolution Directing the Repair or Removal of an Unsafe and Dangerous Structure located at 10 N. National Avenue

VII. CONSIDERATION:

  1. Finance Update
  1. Discussion of Pool Opening
  1. Consideration of sale of City property
  1. Consideration of Bids for Curb and Gutter Work – 500 block Andrick

  1. Consideration of Lake Advisory Board Member selection
  1. Consideration of Interlocal Agreement with Bourbon County
  1. Consideration of Code of Ethics for the City of Fort Scott
  1. Consideration of Code of Procedures for the City of Fort Scott City Commission

VIII. COMMENTS:

  1. Director Updates:
  1. Commission:

K. Allen – Vacancy in Office of City Commissioner

P. Allen –

R. Nichols –

L. Watts –

J. Mitchell –

  1. City Attorney:
  1. City Manager: 500 Block Andrick residents

EXECUTIVE SESSION:

I MOVE THAT THE CITY COMMISSION RECESS INTO EXECUTIVE

SESSION FOR ________________________________ IN ORDER TO

(see below justification)

DISCUSS ______________________________________. THE

EXECUTIVE SESSION WILL BE ___________ MINUTES AND THE OPEN

MEETING TO RESUME AT ________________.

Justifications for Executive Sessions:

  • Personnel matters of non-elected personnel

  • Consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship

  • Matters relating to employer-employee negotiations whether or not in consultation with the representative or representatives of the body or agency

  • Confidential data relating to financial affairs or trade secrets of corporations, partnerships, trusts and individual proprietorships

  • Preliminary discussions relating to the acquisition of real property

X. MOTION FOR ADJOURNMENT: ROLL CALL

Bourbon County Commission Agenda for June 2

Agenda

Bourbon County Commission Room

1st Floor, County Courthouse

210 S. National Avenue

Fort Scott, KS 66701

Tuesdays starting at 9:00

Date: June 2, 2020

1st District-Lynne Oharah Minutes: Approved: _______________

2nd District-Jeff Fischer Corrected: _______________

3rd District-Nick Ruhl Adjourned at: _______________

County Clerk-Kendell Mason

WEATHER PERMITTING MEETING WILL BE HELD ON THE EAST FRONT STEPS OF THE COURTHOUSE. THERE WILL BE A LINK ON FACEBOOK TO YOUTUBE VIDEO OF THE MEETING IF MEETING HAS TO BE HELD INSIDE.

9:00 – 9:45 Jim Harris

9:45 – 10:00 Rebecca Johnson, SEK Multi County Health Dept 2021 Budget

10:00 – 10:30 Terry Sercer, 2019 Audit

10:30 – 10:45 Jody Hoener, Executive Session, Confidential data relating to financial affairs or trade secrets of corporations, partnerships, trusts and individual proprietorships

10:45 – 11:00 Commissioners to review 2019 Annual Summaries

11:00 – 11:05 Kendell Mason, Real Property Relief Application

11:15 – 11:20 Justin Meeks, Interlocal Agreement

11:30 – 11:35 Mary Pemberton, Commission Meeting Procedures

Section of K-31 Section Closes May 8 in Linn County

Section of K-31 to close for pipe replacement project

 

The Kansas Department of Transportation (KDOT) will close a section of K-31 in Linn County to replace two crossroad pipes on Monday, June 8, weather permitting.

 

K-31 will be closed approximately three miles east of Blue Mound, between Flint and Gorman roads. The closure will start after 8 a.m. and remain in effect until late Monday. Traffic should use alternate routes.

 

Persons with questions may contact KDOT Area Engineer Donna Schmit, (785) 433-6107, or Public Affairs Manager Priscilla Petersen, (620) 902-6433.

 

A picture containing outdoor, grass, holding, woman Description automatically generated

Closure shown in red

 

Final Bills of Kansas Legislature 2020

Governor Laura Kelly takes action on final bills of regular 2020 session

 

TOPEKA – Today Governor Laura Kelly took action on the remaining eight bills passed by the Kansas Legislature during the 2020 regular session. She signed five pieces of legislation and vetoed three bills.

 

The bills Governor Kelly signed are as follows:

 

House Bill 2018

 

Amends the Video Competition Act (Act) to prohibit municipalities from imposing additional requirements for the deployment of micro wireless facilities in the public right-of-way and to allow a municipality to require compliance with certain standards.

 

House Bill 2034

 

Amends law related to court orders for restitution by criminal defendants. This legislation will become effective upon its publication in the Kansas Register.

 

House Bill 2137

 

Amends the Scrap Metal Theft Reduction Act to remove the requirement that scrap metal dealers photograph the vehicle in which a junk vehicle or other regulated scrap metal property is delivered. The bill also continues in existence certain exceptions to the Kansas Open Records Act.

 

House Bill 2246

 

Amends and enacts new law pertaining to the oversight, regulation, programming, and authority of various state agencies.

 

House Bill 2585

 

Creates and amends law relating to a tax exemption for the tracking and collection of state and federal income tax by certain public utilities and creates law related to the authority of the Kansas Corporation Commission (KCC) to regulate electric public utility rates to allow contract and discounted rates for certain facilities. The KCC is authorized to approve such rates notwithstanding provisions governing its power to require utilities to establish just and reasonable rates to maintain efficient and sufficient electric service and to prohibit variations from established rate schedules.

 

Vetoes

 

Additionally, as part of her administration’s commitment to fiscal responsibility and to leading Kansas forward during the COVID-19 pandemic, Governor Kelly vetoed House Bills 2510, 2619 and 2702. Her veto messages are as follows:

 

House Bill 2510

 

“House Bill 2510 includes valuable provisions—such as free ACT exams for high school students and a foster care report card—that I would sign into law if they were presented in a standalone bill. The Kansas Promise Scholarship is also a laudable effort to make higher education more accessible to vulnerable Kansans who come of age in the foster care system, and to incentivize Kansas graduates to establish their careers here.

 

“Although well-intentioned, House Bill 2510 as a whole would annually deplete millions from state funds at a time when Kansas faces a $1.3 billion budget shortfall. I cannot in good conscience sign a bill establishing a new discretionary spending program that is unrelated to Kansas COVID-19 response efforts when such severe financial strain looms in the months ahead. I have made Kansas children in foster care one of the top priorities of my administration. At this time of fiscal crisis we must focus on preserving the foster care programs and services already in place.

 

“Therefore, under Article 2, Section 14(a) of the Constitution, I hereby veto House Bill 2510.”

 

House Bill 2619

 

House Bill 2619 establishes a new Economic Recovery Linked Deposit Loan Program for businesses in response to the economic downturn caused by the COVID-19 pandemic. This 10-year program would make up to $60 million available for low-interest loans to businesses and agricultural producers through the Pooled Money Investment Board. 

 

“I support efforts to provide economic relief to Kansas small businesses and agricultural producers who have been hard hit by the COVID-19 pandemic. However, federal funding made available to Kansas through the CARES Act is a more appropriate funding source for this effort. With a $1.3 billion budget shortfall looming, we must protect every state resource at our disposal to make ends meet in the months ahead, including earnings from the state’s investment portfolio.

 

“House Bill 2619 also grants authority to the Kansas State Treasurer to administer the loan program. These programs have historically been administered by the Kansas Department of Commerce, and that should continue in our COVID-19 response effort.

 

“Finally, this bill includes a problematic income tax exemption for for-profit banks. While the efforts of Kansas banks and credit unions to reach a compromise on this legislation are laudable, I cannot in good conscience agree to providing tax breaks for banks in light of the looming budget shortfall. Additionally, the CARES Act already provides relief for banks that will far exceed the benefits of this legislation. 

 

“Therefore, under Article 2, Section 14(a) of the Constitution, I hereby veto House Bill 2619.”

 

House Bill 2702

 

“During the COVID-19 pandemic our local governments have risen to the challenge of providing services to citizens when COVID-19 threatens the normal operations of businesses and government agencies alike. I am keenly aware of the challenges facing Kansas taxpayers, especially those facing unemployment or decreased income as a result of the COVID-19 pandemic.

 

“However, the COVID-19 pandemic has also required our local governments to do more with less. Local governments rely heavily on property taxes to fund essential programs and services, but by allowing property tax payments to be made as late as August 10, 2020, with no penalties or interest, House Bill 2702 would potentially deprive local governments of essential funding at a time it is needed the most. Local governments cannot meet increased demand for police, fire, emergency medical, and other services if a primary funding source for local governments is withdrawn. Additionally, HB 2702 places significant administrative burdens on local governments when local officials should be focused on addressing the threats and challenges of COVID-19 in their communities.

 

“I have long supported responsible property tax relief, but the provisions of HB 2702 cause more problems than they solve. Now is not the time to create more problems and burdens for local governments.

 

“Therefore, under Article 2, Section 14(a) of the Constitution, I hereby veto House Bill 2702.”

Kansas Tax Collection Sees Growth For April

State sees total tax collection growth over April Consensus Revenue Estimates; attributes to online sales and withholding taxes

 

TOPEKA –The State of Kansas saw total tax collections for May Fiscal Year 2020 at $448.7 million; 6.6% or $27.8 million above the estimate. That is down 20.3% or $114.4 million compared to the same month last fiscal year.

 

Individual income tax collections were up $5.9 million or 2.8% compared to the estimate with $215.9 million collected. That is 22.3% or $62.0 million less than last May. The increase from the estimate can be attributed to reduced bond payments from withholding and an extra payroll period for the semi-monthly withholding tax filings. Corporate income tax collection receipts were down 167.9% or $8.4 million from the estimate at negative $3.4 million. This is due to the state processing more refunds than it received in corporate income tax collections. When compared to the same month last fiscal year, those collections are down $14.4 million.

 

Retail sales tax collections were $18.9 million or 12.2% more than estimated with $173.9 million collected.

Compared to May of last fiscal year, collections are down $27.3 million or 13.6%.

Compensating use tax collections are 25.5% or $7.7 million more than expected at $37.7 million.

When looking at last year’s numbers, these collections are $1.2 million or 3.2% more than May of last fiscal year.

This can be attributed to the increased registration of online retailers to collect and remit Kansas taxes.

On average, the state is seeing 300 new registrations per month.

 

For detailed info:

11_May_Revenue_FY2020_06-01-2020_Final

 

 

Fort Scott Commission Agenda For June 2

AGENDA

FORT SCOTT CITY COMMISSION

FORT SCOTT CITY HALL

COMMISSION ROOM

123 SOUTH MAIN

JUNE 2, 2020

6:00 P.M.

I. ROLL CALL:

K. ALLEN P. ALLEN NICHOLS WATTS MITCHELL

II. FLAG SALUTE

III. INVOCATION: None

IV. PROCLAMATIONS/RECOGNITIONS: None

V. CONSENT AGENDA:

  1. Approval of minutes of the regular meeting of May 19th, 2020 and special meeting minutes of May 22nd, 2020 and amended minutes of May 5th, 2020, and amended special meeting minutes of May 14th, 2020.

  1. Approval of Appropriation Ordinance 1264-A totaling $459,811.91.

  1. Consideration of Fort Scott Housing Authority Appointment – Edna Erie – Resident Commissioner – 4 year term

VI. APPEARANCE/COMMENTS/PUBLIC HEARING:

  1. APPEARANCE:

B. CITIZEN COMMENTS (Concerning Items Not on Agenda – 5 minute limit per citizen) Comments will not be taken during this meeting. If you have a topic to discuss not listed on the agenda, please contact a City Commissioner or send a written request to [email protected].

C. PUBLIC HEARINGS/COMMENTS: 6:15 p.m. Resolution Directing the Repair or Removal of an Unsafe and Dangerous Structure located at 10 N. National Avenue

VII. CONSIDERATION:

  1. Finance Update
  1. Discussion of Pool Opening
  1. Consideration of sale of City property
  1. Consideration of Bids for Curb and Gutter Work – 500 block Andrick

  1. Consideration of Lake Advisory Board Member selection
  1. Consideration of Interlocal Agreement with Bourbon County
  1. Consideration of Financial Policy

VIII. COMMENTS:

  1. Director Updates:
  1. Commission:

K. Allen – Vacancy in Office of City Commissioner

P. Allen –

R. Nichols –

L. Watts –

J. Mitchell –

  1. City Manager: 500 Block Andrick residents

EXECUTIVE SESSION:

I MOVE THAT THE CITY COMMISSION RECESS INTO EXECUTIVE

SESSION FOR ________________________________ IN ORDER TO

(see below justification)

DISCUSS ______________________________________. THE

EXECUTIVE SESSION WILL BE ___________ MINUTES AND THE OPEN

MEETING TO RESUME AT ________________.

Justifications for Executive Sessions:

  • Personnel matters of non-elected personnel

  • Consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship

  • Matters relating to employer-employee negotiations whether or not in consultation with the representative or representatives of the body or agency

  • Confidential data relating to financial affairs or trade secrets of corporations, partnerships, trusts and individual proprietorships

  • Preliminary discussions relating to the acquisition of real property

X. MOTION FOR ADJOURNMENT: ROLL CALL

Fort Scott Commission Minutes of May 22

CITY OF FORT SCOTT

SPECIAL CITY COMMISSION MEETING

Minutes of May 22, 2020 Special Meeting #5

A special meeting of the Fort Scott City Commission was held May 22nd, 2020 at 8:00 a.m. in the City Commission Meeting Room, 123 S. Main Street, Fort Scott, Kansas.

ROLL CALL:

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

AUDIENCE IN ATTENDANCE: None

CONSIDERATION:

JoLynne Mitchell moved to open the Public Hearing at 8:04 a.m. Lindsey Watts seconded. All voted aye.

Approval to consider an application to be submitted to the Kansas Department of Commerce for Small Cities Community Development Block Grant funds under the CDBG-CV category – Rachel Pruitt, Economic Development Director, informed the Commission that this public hearing is being held to take comments in regards to the City applying for the CDBG-CV grant. This is a similar program to what the City had last month. The biggest difference is that if awarded, the funds will be in the form of a grant and not a forgivable loan. Another differential is this will be allowed for owner operator business. Business owners would count as employees for this round of grants. The maximum we are applying for is $300,000 and the reason for the early morning meeting is that this is a first come, first serve grant. The grant is complete after this public hearing. This grant is for cities under 50,000 in population and will be very competitive.

There were no comments from the public call in line nor did anyone call in with concerns regarding this grant submission.

Randy Nichols moved to approve the submission of the application to the Kansas Department of Commerce for the CDBG-CV grant program. Lindsey Watts seconded. All voted aye.

APPROVED THE SUBMISSION OF THE APPLICATION TO THE KANSAS DEPARTMENT OF COMMERCE FOR THE CDBG-CV GRANT PROGRAM.

Randy Nichols moved to adjourn the special meeting at 8:08 a.m. Lindsey Watts seconded. All voted aye. Motion carried.

ADJOURNED SPECIAL MEETING AT 8:08 A.M.

The next regularly scheduled meeting is to be held on June 2nd, 2020 at 6:00 p.m.

RECORDED BY:

_____________________________________

DIANE K. CLAY

CITY CLERK

Fort Scott Commission Minutes of May 19

CITY OF FORT SCOTT

CITY COMMISSION MEETING

Minutes of May 19, 2020 Regular Meeting #10

The regular meeting of the Fort Scott City Commission was held May 19th, 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: There was no invocation given.

AUDIENCE IN ATTENDANCE: There was no audience in attendance other than a very few City staff.

PROCLAMATIONS/RECOGNITIONS: Buddy Poppy Day – May 22nd, 2020 – Mayor Mitchell read a proclamation which proclaims May 22nd, 2020 as Buddy Poppy Day in the City of Fort Scott and urged men and women to wear a buddy poppy as evidence of our gratitude to the men and women of this country who have risked their lives in defense of the freedoms which we continue to enjoy as American citizens.

APPROVAL OF MINUTES AND APPROPRIATIONS/CONSENT AGENDA:

  1. Approval of minutes of the regular meeting of May 5th, 2020, special meeting of May 12th, 2020, special meeting of May 13th, 2020, and special meeting of May 14th, 2020.

  1. Approval of Appropriation Ordinance 1263-A totaling $291,622.07.

  1. Request to Pay #4 – Schneider Electric – $216,807.84 – Energy Service Project

  1. Request to Pay – Lauber Municipal Law Firm – $17,150.00

  1. Request to Pay – River Intake Engineering – HDR Engineering, Inc. – $10,955.00

  1. Change Order #1 – Home Center Construction – Water Treatment Plant Repairs – Increase of $1,320.00

  1. Request to Pay – Home Center Construction – Water Treatment Plant Repairs – $25,564.50

  1. Request to Pay – Olsson Associates – Electric Vault Project – Airport – $2,918.31 – Engineering

  1. Approval of 3RK – Certificate of Pay Request #5 – MIH Housing Grant – $21,150.51.

  1. April financials

Pete Allen questioned the minutes from the May 12th, 2020 special meeting where Olsson Associates was approved to be the engineer on the Horton Street project. He said they are located in Missouri and believes a Kansas company should be supported.

Susan Bancroft informed him that was approved just in case we needed their services on the submission for the KDOT Cost Share application. They ended up not being used in the process.

Pete said that he wanted to go on record that he does not think we should spend money in Missouri when we are located in Kansas.

Pete also questioned the minutes from the May 14th, 2020 special meeting where it stated that all utilities from 6th Street to Lakin would be updated and what that meant.

Chad said that any City owned utility in that area will be replaced at that time.

Pete is concerned with the total price that is recorded and if it includes sidewalks and everything.

Chad said that the $569,322.20 cost is just for the asphalt and milling only. Nothing else is figured in those numbers.

Susan said that she can get him a final number from the grant. The utility portion that was submitted for the application is $1.3 million.

Diane Clay, City Clerk, said that she can amend the minutes to reflect what the application states.

Pete also had a question on the May 5th, 2020 minutes on page 9 where we approved to go out for bid in the 500 block of Andrick. The minutes show that we approved to go out for bid for sidewalks and concrete overlay and that is not correct. We approved to go out for bids on the curb and gutter. It is an asphalt project.

City Clerk said she will amend those minutes also.

R. Nichols moved to approve the Consent agenda with the corrections to the May 5th, 2020 Commission minutes and May 14th, 2020 special meeting minutes. Lindsey Watts seconded. R. Nichols, L. Watts, and J. Mitchell voted aye. K. Allen and P. Allen voted no. Motion carried 3-2.

APPROVED CONSENT AGENDA WITH CORRECTIONS TO THE MAY 5TH, 2020 COMMISSION MINUTES AND MAY 14TH, 2020 SPECIAL MEETING MINUTES.

APPEARANCE/COMMENTS/PUBLIC HEARING:

  1. APPEARANCE: Bourbon County Healthy Action Team Grant – Robert Uhler, Community Development Director, appeared before the Commission on behalf of the Bourbon County Healthy Action Team. He and Dr. Nichols both serve on this committee. The City has received a grant in the amount of $13,680.00. The funds will be used to purchase and install water bottle filling stations at parks and trails throughout Bourbon County. The total of nine (9) stations will be purchased. They will be located at Gunn Park, Riverfront Park, Fort Scott Community College, and a couple in the county at Elm Creek Lake, Uniontown, and Bronson. He asked for approval to accept this grant.

Kevin Allen moved to accept the Bourbon County Action Team Grant in the amount of $13,680.00. Lindsey Watts seconded. All voted aye.

APPROVED BOURBON COUNTY ACTION TEAM GRANT IN THE AMOUNT OF $13,680.00.

  1. CITIZEN COMMENTS (Concerning Items Not on Agenda – 5 minute

limit per citizen) – Comments will not be taken during this meeting. If you have a topic to discuss not listed on the agenda, please contact a City Commissioner or send a written request to [email protected].

  1. PUBLIC HEARINGS:

JoLynne Mitchell moved to open the Public Hearing at 6:13 p.m. Randy Nichols seconded. All voted aye.

OPENED PUBLIC HEARING AT 6:13 P.M.

6:00 p.m. Public Hearing – 2020 Budget Amendment – Susan Bancroft, Director of Finance, informed the Commission that she is seeking approval to amend the 2020 budget. There are four funds which need amended:

2020 Adopted 2020 Proposed

Special Alcohol & Drugs $12,850 $47,679

Special Parks & Recreation $12,580 $37,617

E911 $135,500 $140,333

Storm Water Utility $189,493 $979,375

There were no comments from the public call-in number regarding the budget amendment.

Lindsey asked about the large increase in the Storm Water Utility fund.

Susan said that in 2016 there were funds in a rate stabilization fund. That fund was from years ago that had built up cash reserves. There was a resolution that was passed that said that those dollars were to be used for capital projects for utilities. In 2016, my predecessor collapsed that fund and put it into the storm drain fund. These funds have set there since 2016. This will allow the use of expenditures by increasing the budget authority for this fund which will help pay for capital outlay projects for this year.

JoLynne Mitchell moved to amend the 2020 budget. Randy Nichols seconded. All voted aye.

APPROVED 2020 BUDGET AMENDMENT.

Lindsey Watts moved to close the public hearing at 6:17 p.m. JoLynne Mitchell seconded. All voted aye.

CLOSED PUBLIC HEARING AT 6:17 P.M.

CONSIDERATION:

  1. Consideration of purchase of 100’ Ladder Fire Truck – Dave Bruner, Fire Chief, informed the Commission that the City of Fort Scott was awarded a Community Improvement Grant in the amount of $665,303.00 in January of 2020. This grant was awarded to provide matching funding for a 100’ aerial platform apparatus. Bids were sent out to purchase this fire truck and were opened on April 22nd, 2020. There were three bids received as follows:

Jon’s Mid-America Fire Apparatus/KME in the amount of $1,250,807.00. This bid was disqualified due to the CDBG grant specifications and did not meet bid specifications.

The next bid was from Hays Fire & Rescue in the amount of $1,149,963.00 and with discounts came to $1,128,579.00. This bid which did not meet bid specifications in regards to the wheel base and the large diameter hose bed.

The last bid was from Conrad Fire Equipment, Inc in the amount of $1,418,693.46 with a pre-pay discount amounting to $1,354,178.21. This bid meets all the specifications listed. The remainder of the amount from the grant will be paid for by a lease purchase for 10 years.

Chief Bruner informed the Commission that in discussions with Conrad Fire on this truck there were options to reduce the costs further. These options include changing the color scheme to all red and not two toned; reduced the monitors on the platform from two to one and changed the brand to a different model; and changed from a Velocity cab to an Arrow cab and removed two seats to make it a four seat truck instead of a six seat truck. These reductions brought the total price down to $1,335,827.20.

Michael Miles shared a power point with the Commissioners regarding the three different fire trucks. The City’s portion after the grant is $670,524.20.

Susan Galemore, Grant Administrator, Southeast Kansas Regional Planning Commission, was also present via telephone to answer any questions they had regarding the bid process.

Kevin Allen said that he would like a couple of weeks to think about the bids and allow the public to give some input.

Randy Nichols moved to approve the bid from Conrad Fire Equipment for the Pierce apparatus in the amount of $1,335,827.20. JoLynne Mitchell seconded. R. Nichols, L. Watts and J. Mitchell voted aye. K. Allen abstained and P. Allen voted no. Motion carried 3-1-1.

approved the bid from Conrad Fire Equipment for the Pierce apparatus in the amount of $1,335,827.20, WITH THE GRANT ALLOCATING FOR $665,303.00 AND THE CITY PORTION $670,524.20.

  1. 2020 Capital Outlay Program – Chad Brown, Michael Mix, and Susan Bancroft all addressed the Commission regarding this item. This documentation is attached to the minutes. Approval of this program was requested. This includes changing Cooper Street to an Arterial Street from East National to 23rd Street and approval of all the projects.

Michael thanked his Water Plant Crew of Scott Flater, Todd Bond, Roger Rodriguez, Brandon Russell, Kathy Michael, Bill Rost, Bill Lemke, and Aaron Ashley for assisting with a valve issue at the Water Plant this weekend. He also thanked Phil Pavey, a certified diver, who was willing to dive in the bottom of the clarifier pit. He thanked Darren Crays who fabricated a metal plate, and Jason Solomon from Kansas Rural Water Association for their assistance in opening this valve.

This 2020 Capital Outlay Program was explained in depth to the Commission by Susan Bancroft, Chad Brown, and Michael Mix.

Kevin Allen asked for two more weeks to look this information over.

R. Nichols moved to approve the 2020 Capital Outlay Program and to reclassify Cooper Street as an Arterial Street. L. Watts seconded. R. Nichols, L. Watts, and J. Mitchell voted aye. K. Allen abstained and P. Allen voted no. Motion carried 3-2.

Kevin Allen made a motion to reconsider the vote to allow more discussion. Pete Allen seconded. K. Allen and P. Allen voted aye. R. Nichols, L. Watts, and J. Mitchell voted no. Motion denied 3-2.

APPROVED 2020 CAPITAL OUTLAY PROGRAM AND TO RECLASSIFY COOPER STREET AS AN ARTERIAL STREET.

  1. Consideration of CIPP Sewer Rehabilitation Proposal – Michael Mix, Public Utilities Director, informed the Commission that as part of the 2020 Capital Outlay Program it included the lining of sanitary sewer gravity mains of 1.4 miles within the City of Fort Scott. He has a proposal from Insituform out of Independence, Missouri using their cooperative purchasing contract. The proposed estimated cost of this project is $190,315.82. The City Attorney prepared this contract between the City and Insituform. Approval to enter into a cooperative purchasing contract with Insituform was requested.

Discussion was held regarding why this wasn’t bid out. Michael said that our project is very small and we can piggyback off of their contract. There are only three companies in this area that provide this service.

R. Nichols moved to approve the cooperative purchase contract with Insituform out of Independence, Missouri in the amount of $190,315.82. L. Watts seconded. R. Nichols, L. Watts, and J. Mitchell voted aye. K. Allen abstained. P. Allen voted no. Motion carried 3-1-1.

approved the cooperative purchase contract with Insituform out of Independence, Missouri in the amount of $190,315.82.

  1. Consideration of Ozone cooling system – Dave Martin, City Manager, asked the Commission to remove this item from the agenda at this time.

  1. Repeal of Free Water/Sewer Service for residents in 500 block of Andrick Street – Jeff Deane, City Attorney, informed the Commission that he investigated the motion that was made at the previous meeting to provide free water and sewer for the residents in the 500 block of Andrick Street. He has discovered that Kansas Statutes prohibit free use of City water services in K.S.A. 13-2412 which states:

KSA 13-2412 – “Free use of water and discrimination unlawful. No person, firm, corporation, or association, nor any city department, shall be allowed free use of water, nor shall there be discrimination among water users of like classes as to rates, and rebates in rates shall never be allowed to any person, firm or corporation or city department except as an inducement to prompt payment of water rates”.

Discussion was held how to legally give people breaks when they have a water leak.

Kevin Allen asked if there has ever been a program in the past when free water has been given as an incentive.

Susan said she will research it.

Lindsey Watts moved to repeal the motion to provide free water and sewer service in the 500 block of Andrick for a one year period. JoLynne Mitchell seconded. K. Allen, R. Nichols, L. Watts, and J. Mitchell voted aye. P. Allen abstained. Motion carried 4-1.

approved to repeal the motion made at the may 5th, 2020 to provide free water and sewer service in the 500 block of Andrick for a one year period as it is illegal.

Lindsey asked that City staff review something we could provide for these residents that is not illegal.

  1. Consideration of sale of City property – Robert Uhler, Community Development Director, informed the Commission that he is asking approval to receive sealed bid for two parcels of land that the City currently owns. One piece of property is located at 120 N. National and the other piece of property is located on the east side of Lake Fort Scott. He has contacted Phil Hammons, local broker, who has given the City a minimum bid amount for each property. These two parcels will be listed for 30 days per Kansas Statute before the sealed bids will be received.

Discussion was held regarding sealed bid versus a real estate agent versus a live auctioneer.

Robert said that per Kansas Statute 75-6602, a City can sell property at a fixed price, a negotiated price, advertise for sealed bids or a public auction. Sealed bids is the lowest cost to the City. This is the way the previous Economic Development Director sold property.

Kevin said that he needed more time to think about this.

Robert said that the broker’s opinion will be available to the public. He said that he brought this item before them about a month ago. He was wanting to move forward on it.

More discussion was held regarding a public auction for this property and if it would bring more money.

City Attorney said it sounds like you are requesting City staff to come back with alternatives between sealed bids and costs associated with the other options.

Kevin Allen moved to table this item for two weeks and for City staff to come back with alternatives between sealed bids and costs associated with the other options. Lindsey Watts seconded. K. Allen, P. Allen, L. Watts, and J. Mitchell voted aye. R. Nichols voted no. Motion carried 4-1.

TABLED THE SALE OF CITY PROPERTY FOR TWO WEEKS AND FOR CITY STAFF TO COME BACK WITH ALTERNATIVES BETWEEN SEALED BIDS AND COSTS ASSOCIATED WITH OTHER OPTIONS.

COMMISSION/STAFF:

  1. Director Updates:

Robert Uhler – Robert said that he had two items to bring up.

  1. Lake Advisory Board – He said that the Lake Advisory Board met last Saturday and the minutes are in front of them. They were scheduled to meet quarterly but they would like to meet every other month. Their next meeting is scheduled for July.

  1. Resignation – Robert said that effective May 22nd, 2020 he will no longer work for the City of Fort Scott. He has tendered his resignation. He feels the environment here is not up to his liking. He said he appreciates Dave Martin as a leader, and he has helped him through some trying times.

Randy Nichols said that the City will miss him and his involvement with Smart Growth America and his legislative expertise and wished him the best.

Susan Bancroft – Financial Policy Update – Susan said that back in January she talked about looking at the City’s financial policies. She also worked with Deb McCoy on this policy and they reviewed other cities policies together. Susan developed this new financial policy. She did take some of this information from other cities and used some of their information for our document. A lot of the items in this document we are doing, but it was not in black and white. There are some recommendations on the procurement policy on page 16 and the numbers have changed. The travel policy on page 49 has also changed. She and Deb Needleman have looked at other cities and their policies in regards to travel and this is more in line. The ultimate decision will be the City’s Commission.

B. City Commission:

Lindsey Watts – Lindsey said that some of the items that she has brought up over the past few weeks have been about procedural issues. She said that our parliamentary procedure is lacking. We are a governing body that should be respected and respect each other. She has spoke with the Mayor and City Attorney and he is working on some procedures and code of ethics for the City Commission. This will give us some parameters on how to run our meetings. This will come before them at the next meeting.

Randy Nichols He said that he is excited to move forward with the plans for this year. The Street Advisory Board came up a couple of years ago and was delayed. This is a steppingstone as a more unified Commission. They may well be part of an infrastructure board also as streets, storm water, and sanitary sewer interact with each other. He hopes that a policy can be developed which interfaces all those projects together and gives us some idea of a financial commitment and a detailed way to budget and move forward.

He also remarked about the Horton Street project that was voted on last week. Those decisions were made on the facts presented. The street was deteriorating, there was an urgency to get it repaired, it was in our 2021 budget to get it repaired, and identified by City staff to have it repaired, and it is unlikely that another KDOT grant would be available for this street. The other streets have potential for KDOT grants. That’s why he voted for it. It had nothing to do with location or housing or other parameters. He thinks the right decision was made and he hopes the community understands that it was the best way to leverage the dollars that we had. When the 1% sales tax comes up on the ballot this fall, it is critical that this is passed so more projects can be completed.

Kevin Allen Kevin said that he has taken some pictures he wanted to share with his fellow Commissioners. He showed pictures of the following:

500 block of Andrick – Barricades were down – sandbags not by barricades – gravel washed out – did not clean up job very well – section of bricks that need salvaged – gravel in resident’s yards and barricades in yards.

City Hall sewer drain – concrete is torn up – located by back door of City Hall – this is a liability issue – this could be repaired with a steel plate and concrete bolts

1800 block of Wall Street – big humps across Wall Street that need cut out and patched

Wall Street – East of Aunt Toadies – Big sink hole that needs crack filled and made smooth – this is a liability issue – This is highway 54.

He said that we need to have a crew out there fixing these streets right now.

Pete AllenNothing to report.

JoLynne Mitchell JoLynne said that she wanted to reiterate that the Horton Street project is for everybody. Some of us may live closer but that’s not the reason why we voted for it. That was the direction and the project that made sense for City dollars.

She asked the City Attorney to visit about proper etiquette and guidelines for our City Commission meetings.

Jeff Deane, City Attorney, said that most cities use Roberts Rules of Order, but that is for larger cities. Smaller cities have rules to help the meeting flow. The Rosenberg Rules of Order are simplified, and the League has a Code of Procedures for meetings also. He is tailoring these for our use and will put together a draft for us to review. The document will have a cheat sheet and have the motion out there for the Commission to use. He will have these documents available and send them out to review.

City Attorney said that there was another KOMA complaint filed against the City. He has received an extension from the Attorney General’s office. He will bring this before them at the next meeting and bring this information to them.

Lindsey remarked that it is important for Commissioners not to Reply All when receiving emails when other Commissioners are copied on this also. This is a K.O.M.A. violation.

C. City Manager:

  1. City Engineer Candidate – Dave announced that we have had one candidate apply. He came to Fort Scott and met with City Staff. An offer has been made to him and we are waiting to hear if he accepts.

  1. Inmate Assistance – Dave said that he and Kevin met with the Sheriff’s Department about assistance with City street projects. They will be available after the COVID-19 restriction lifts.

  1. Grinder Pump Issue – Lake Fort Scott – Dave said the lake residents don’t want to move forward with a utility for their own grinder pumps.

Kevin said that they need to divulge into the contract before they move forward.

Dave said that the lake owner is responsible for the grinder and it is a 40 year term. The sewer district can pick who does the work on the sewer pumps.

  1. Lake Fort Scott empty lots- Dave said that Kevin asked for documentation that the district approved people who had empty lots and didn’t have to have grinder pumps put in. He left that documentation on Kevin’s table.

  1. He said that he talked to Jared Dauben.

  1. Signs on Highway 54 – Dave said that he has talked with KDOT about signage.

Kevin said that he talked to an older couple recently with a trailer issue and they had no idea there was any retail located on south highway 69. He asked to get signage on 54 east and west pointing out gas stations, restaurants, etc.

Dave said that this is funded by KDOT and he is getting information on this.

  1. Rural Water District – Dave said that he is waiting for Rural Water District to get back with them after their board meeting to discuss when they have water leaks in the county and how they are handled.

ADJOURNMENT:

Randy Nichols moved to adjourn the meeting at 8:52 p.m. Kevin Allen seconded. All voted aye.

ADJOURNED MEETING AT 8:52 P.M.

The next regularly scheduled meeting is to be held on June 2nd, 2020 at 6:00 p.m.

RECORDED BY:

DIANE K. CLAY

CITY CLERK

Fort Scott Commission Minutes of May 14 Amended

CITY OF FORT SCOTT

SPECIAL CITY COMMISSION MEETING (AMENDED)

Minutes of May 14, 2020 Special Meeting #4

A special meeting of the Fort Scott City Commission was held May 14th, 2020 at 10:00 a.m. in the City Commission Meeting Room, 123 S. Main Street, Fort Scott, Kansas.

ROLL CALL:

Commissioners Kevin Allen, Pete Allen, Randy Nichols, Lindsey Watts, and Mayor JoLynne Mitchell presiding.

AUDIENCE IN ATTENDANCE: None

CONSIDERATION:

  1. Approval to apply for K.D.O.T. Cost Share Program – Susan Bancroft, Finance Director, informed the Commission, that she and Chad created a spreadsheet and a handout for the Commission to review for the two proposed projects. The costs for asphalt: Horton Street – 6th Street to Lakin – Total costs $569,322.20 – If including 6th Street also with the Horton project $858,955.40; National Avenue – 13th to 18th – $89,032.20.

Kevin Allen said that he went on Horton and agrees that 6th to 10th on Horton needs replaced. He believes that from there on south is good.

Chad said that utilities will also be updated from 6th to Lakin on Horton.

Lindsey said that part of the reason for this street is the sidewalk area towards the college and the downtown area.

Kevin said that there are 27 businesses on National that would like that street upgraded. He asked if this could be added to the Horton project.

Susan said that KDOT will not combine two different projects. KDOT was involved in our Highway 69 Corridor Plan and they would like to see us utilize that plan.

Discussion was held regarding the curve at 18th and National and if they wanted to do that improvement.

Susan said that KDOT would like in the future to design a road behind the business to keep traffic flowing on Highway 69. This project would include land acquisition and was estimated at $2.2 million. She informed them where the proposed improvement would be on 18th which would be called Judson Street. Part of that area the City owns but part of it would include land acquisition. There is access management and geo-metric grants that we could apply for with this project next year.

Pete Allen said that the City has done no planning. He said he made Staff aware of this program in January and now it is May, and nothing has been done. He compared this to a shot-gun wedding. He said that the chances of the City getting a grant was 20%. He said last year there were 22 grants issued by KDOT. He said that there is a summer grant program available. He said that this should be tabled. It needs to be well thought out and have the Street Advisory Committee meet. There is no common goal in his opinion. He said he does not know where Horton Street comes into play with our projects. He asked Commissioner Watts where she lived.

Lindsey Watts said that she has heard that there have been discussions on Horton Street for many weeks. She reminded him that he and Kevin were both in discussions on this.

Mayor Mitchell asked that we all calm down and be respectful to each other.

Lindsey Watts said that City staff has provided lots of information to them. Cost estimates for the three projects have been gone over numerous times.

Pete Allen made a motion to table this grant knowing full well that as of May 18th we can apply for summer grants, that a thorough study is conducted, the Street Advisory Board Committee is involved, the community involved, and figure out a plan that is best for all members of the committee and not just a select few.

Randy Nichols asked if there was any reason to get the City’s name in the que for this current grant cycle.

Susan said yes.

Randy said that the implications of where we live have nothing to do with this grant submission and the implications of that is really ugly.

Pete said that he thinks it is coincidental maybe but all three of you live right off of Horton Street.

Mayor Mitchell said that Pete’s motion died for lack of a second.

Kevin asked if it will hurt our chances for another grant if we don’t go for this grant.

Susan said no. She said that she does not feel that project this was thrown together. Statistics were brought back to the Commission. The Horton project was very thought out and it was in our 2020 plan. That was not a fair statement. We are trying to get funding to help cover the costs. National could still be accomplished with our capital outlay dollars.

Kevin said that he hasn’t been as heavily involved in these discussions as Pete has. He said he would appreciate being treated as his own person and as his own individual. He believes we should go for the grant. He may differ on what we go for, but we should move ahead.

Susan said that we have always been told by KDOT they had to be shovel ready and she asked that specific question and they said no. That’s why this project was brought before them. The other two grants – access management and geo-metric will have to be engineered before submission.

Pete said that he was told yesterday that the grant will only cover asphalt. It will cover sidewalks also.

Susan said that it will cover sidewalks also and said that yesterday.

Pete asked if we would spend all of our capital improvement funds on this one project.

Susan said that she would suggest going out for temporary notes and bond this $600,000 for ten years.

Kevin says that he feels like we should go for the grant, but he feels like the National project should be looked at.

Lindsey said that her opinion differs due to the work that City staff has brought to them. This is a far larger project that we will have to put far less City dollars into.

Lindsey Watts made a motion to approve Horton from 6th Street to Lakin Street and also from 6th Street from Judson to Horton. She also added if City Staff deems to add the sidewalks down to the Community College or even the Golf Course to be included in this project to be submitted for the KDOT Cost Share Grant. Randy Nichols seconded. Randy Nichols, Lindsey Watts, and JoLynne Mitchell voted aye. Pete Allen voted no. Kevin Allen abstained. Motion carried.

approved Horton from 6th Street to Lakin Street and also from 6th Street from Judson to Horton. She also added if City Staff deems to add the sidewalks down to the Community College or even the Golf Course to be included in this project to be submitted for the KDOT Cost Share Grant

City Manager said that Staff has worked hard on this project. The City still won’t know what we have to spend due to the COVID-19 pandemic. This will be a year of planning, but we may not be able to complete due to funding.

  1. Approval to use Olsson Associates for engineering if needed for K.D.O.T. Cost Share Program – Susan Bancroft, Finance Director, informed the Commission that Olsson Associates is familiar with our community. They would only be needed if technical questions were needed to be answered in submitting this application.

JoLynne Mitchell made the motion to approve Olsson Associates for engineering if needed for submission of the KDOT Cost Share Grant. Lindsey Watts seconded. K. Allen, R. Nichols, L. Watts, and J. Mitchell voted aye. P. Allen abstained. Motion carried.

approved Olsson Associates for engineering if needed for submission of the KDOT Cost Share Grant.

ADJOURNMENT:

R. Nichols moved to adjourn the special meeting at 10:38 a.m. L. Watts seconded. All voted aye. Motion carried.

ADJOURNED SPECIAL MEETING AT 10:38 A.M.

The next regularly scheduled meeting is to be held on May 19th, 2020 at 6:00 p.m.

RECORDED BY:

_____________________________________

DIANE K. CLAY

CITY CLERK