Category Archives: Government

Bourbon County Commission Agenda For February 25

Agenda

Bourbon County Commission Room

1st Floor, County Courthouse

210 S. National Avenue

Fort Scott, KS 66701

Tuesdays starting at 9:00

Date: February 25, 2020

1st District-Lynne Oharah Minutes: Approved: _______________

2nd District-Jeff Fischer Corrected: _______________

3rd District-Nick Ruhl Adjourned at: _______________

County Clerk-Kendell Mason

9:00-9:45 – Jim Harris

9:45-10:15 – Justin Meeks, Consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship

1:30-2:15 – Jody Hoener, Healthcare Presentation

2:15-2:30 – Rachel Martin, Windmills

2:30-2:45 – Deb Lust, Windmills

2:45-3:00 – Barb Peine, Windmills

3:00-3:15 – Joe Ludlum, Windmills

Fostering Fiscal and Economic Growth in the Community: Public Invited on Feb. 25 and Feb. 26

The public is invited to be a part of planning for community economic and fiscal health on Feb. 25 from 6-7 p.m. and from 9 a.m. to 3 p.m. on Feb. 26 at the River Room Event Center, located above Luther’s BBQ at National Avenue and Oak Stree.

“Tuesday evening is a presentation and the actual workshop is on Wednesday,” Fort Scott Community Development Director Robert Uhler said.

Smart Growth America is coming to Fort Scott.

Smart Growth America empowers communities through technical assistance, advocacy and thought leadership to create livable places, healthy people, and shared prosperity, according to its’ website:

https://smartgrowthamerica.org/

 

“We first met the Smart Growth people when we went on our first trip to DC in March of 2019, working with Strategic Implementation plan,” Uhler said.

 

“Smart growth policy can help communities save money now, reduce their liabilities for the future and use targeted investment to spur economic development,” Uhler noted.  “The ‘planning for economic and fiscal health’  workshop draws on successful private and public sector lessons to help local leaders foster smart growth communities that cost their taxpayers less to build, run and maintain.”

 

“This workshop first brings you the latest lessons in how smart growth saves money for local governments, makes money for businesses and is integral for the long-term fiscal and economic health of the community,” he said.   “Using an interactive and hands-on method, the workshop then shows how to apply these lessons in your community.”

 

The first half of the technical assistance workshop on Wednesday focuses on how approaches save the community money, including increasing tax revenues and reducing tax burdens,  attracting new businesses, increasing the efficiency of the labor market, providing greater stability in times of uncertainty and rising energy costs,  investing public funds to stimulate private investment, increasing local capital circulation and providing a foundation for long term fiscal and economic health and competitiveness, according to information provided by Uhler.

 

Participants also learn how to overcome barriers to starting community smart growth including a lack of understanding of the relationship between development and municipal costs and revenues, the importance of growing small and mid-size businesses and the role of nearness to value creation, according to info provided by Uhler.

 

In the second half of the day, the technical assistance team joins participating community members to look at the community’s economic development plans and projects to evaluate how the current situation compares to smart growth principles.

 

Working with the community, the team will create specific changes to strategy and identify next steps in planning for fiscal and economic health that makes sense for the community, which may include suggestions for changes to the capital budgeting process, permitting process, regulatory framework and direction of economic development incentives, according to the information provided.

 

A follow-up memo will measure progress and leave the community with further next steps.

 

Robert Uhler. Submitted photo.

 

 

The hoped outcome is better understanding of how we prepare and plan for growth in our community, Uhler said.

 

 

Rachel Pruitt, is the Fort Scott Economic Director.

 

The local people who have been involved in the presentation and workshop planning process are FS Economic Development Director Rachel Pruitt, FS Tourism Director Alley Turvey and Uhler.

 

Ally Turvey is the tourism director in Fort Scott. Submitted photo.

Bourbon County Takes Ownership of Former Mercy Hospital Building

The Bourbon County Government has taken possession of the former Mercy Hospital.

Officials Introduce Innovative Healthcare Model

Mercy donates building and 1 million dollars toward a sustainable approach to rural healthcare.

Bourbon County and City of Fort Scott officials are committed to improving the quality of life for each member of the community, increasing access to affordable quality healthcare, and remaining vigilant stewards of taxpayer dollars. For years Fort Scott, KS was renowned for its healthcare. Mercy Hospital was an integral part of our health system from primary care to community benefit to leadership involvement.

 

What remains today are the caring professionals, ambitious leaders, beautiful hospital campus, and the ingrained culture of ensuring community health needs are addressed appropriately.

 

Bourbon County Commission will be partnering with our community healthcare partners, The Community Health Center of Southeast Kansas and Ascension Via Christi, and higher education partner, Fort Scott Community College, in transforming our approach to rural healthcare. Bourbon County will be taking ownership of the previous Mercy Hospital Building.

 

With Ascension Via Christi and CHC/SEK occupying a portion of the facility, the county is working with other health service agencies to supplement the community’s health care needs by housing them in the remainder of the move-in ready space.

Community Health Center of Southeast Kansas, 403 Woodland Hills Blvd., operates the clinic at the former Mercy Hospital building.

For the common good of the community, the building will be repurposed into a collaborative effort that will be here for decades to come.

Ascension Via Christi President, Randy Cason, states, “This is exciting news for Fort Scott and the surrounding communities. Ascension Via Christi is eager to continue working with our community partners here to help to find solutions for the healthcare needs of this more rural area.”

 

Ascension Via Christi operates the emergency department at the former Mercy Hospital building.

Mercy Health Southwest Missouri/Kansas Communities has submitted a draft donation agreement to donate the building and one million dollars to Bourbon County for use of building maintenance and operations. This donation allows healthcare entities to lease space in the healthcare mall at market-rate. A standardized market-rate lease has led to discussions with healthcare organizations to expand services not otherwise offered.

 

Administration from Bourbon County and The City of Fort Scott will work together, develop a regulatory board and long-term lease agreements moving forward.

 

“This project is much more than just saving a building,” Jody Hoener, Economic Development Director, “Preserving this asset allows our community to no longer be victims of circumstance, but to assume responsibility for our community’s healthcare destiny. It creates a sustainable healthcare model under one roof.” There is little doubt in the concept’s success with the right amount of support and will be used as a model shaping rural healthcare policy across the nation.

Contact information:

Jody Hoener, Bourbon County Economic Development Director

[email protected]

Planning For Economic and Fiscal Health Workshop: Public Invited Feb. 26 and 27

The City of Fort Scott is hosting a Planning for Economic and Fiscal Health Workshop on Wednesday, February 26th, 2020 from 8:30 a.m. to 3:00 p.m.

There will also be a public presentation held on Tuesday, February 25th, 2020 from 6:00 p.m. to 7:00 p.m.

Both of these events are in conjunction with Smart Growth America and will be held at The River Room, 3 West Oak Street, Fort Scott, Kansas.

There may be a majority of City Commissioners present, but NO City business will be conducted. The public is welcome to attend this event.

Bourbon County Commission Agenda for Feb. 20

Agenda

Bourbon County Commission Room

1st Floor, County Courthouse

210 S. National Avenue

Fort Scott, KS 66701

Tuesdays starting at 9:00

Date: February 20, 2020

1st District-Lynne Oharah Minutes: Approved: _______________

2nd District-Jeff Fischer Corrected: _______________

3rd District-Nick Ruhl Adjourned at: _______________

County Clerk-Kendell Mason

10:30 Executive Session, Consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship (Lynne Oharah, Jeff Fischer, Nick Ruhl and Justin Meeks)

Court of Appeals Interviews Feb. 24-25

Court of Appeals Nominating Commission to interview applicants February 24 and 25

The Court of Appeals Nominating Commission will convene February 24 and 25 to interview 19 applicants to fill the upcoming vacancy on the Kansas Court of Appeals created by the April 3, 2020 retirement of Judge G. Joseph Pierron Jr.

Interviews will be in a meeting room in the Kansas Judicial Center, 301 SW 10th Ave., Topeka. The Commission will convene at 8:30 a.m. Monday, February 24, and interviews will start at 9 a.m. Interviews will continue at 9 a.m. on Tuesday, February 25.

 

Interview Schedule

Monday, February 24, 2020

 

8:30 am Meeting Convenes
9:00 am Daniel Cahill
9:30 am Kristafer R. Ailslieger
10:00 am Lesley A. Isherwood
10:30 am Break/Exec. Session
10:50 am Angela D. Coble
11:20 am Randall L. Hodgkinson
11:50 am Diane H. Sorensen
12:20 pm Lunch break for Commission [Exec. Session]
1:30 pm Steven J. Obermeier
2:00 pm Suzanne Valdez
2:30 pm Amy Cline
3:00 pm Break/Exec. Session
3:20 pm Dennis D. Depew
3:50 pm Russell J. Keller
4:20 pm Break/Exec. Session
4:40 pm Adjourn for the day

 

Tuesday, February 25, 2020

 

8:45 am Meeting Convenes
9:00 am Sarah J. Loquist-Berry
9:30 am Marcia A. Wood
10:00 am David J. Rempel
10:30 am Break/Exec. Session
10:50 am Carl A. Folsom, III
11:20 am Natalie A. Chalmers
11:50 am Lunch break for Commission [Exec. Session]
1:10 pm Kristen D. Wheeler
1:40 pm Michael P. Joyce
2:10 pm Stephen O. Phillips
2:40 pm Break/Exec. Session
3:10 pm Reconvene for deliberations/voting
4:00 pm Adjourn for the day

 

The nominating commission will conduct its work in accordance with the Kansas Open Meetings Act and Executive Order 18-08. Additional details can be found in the Guidelines for Interviews. (attached as PDF)

Governor Laura Kelly signed Executive Order 20-01 on Tuesday, January 28 establishing the Court of Appeals Nominating Commission. Under Kansas law, the Governor appoints judges to the Court of Appeals subject to confirmation by the Senate. The Commission will review each applicant’s background and qualifications, conduct interviews and then submit three nominees for the Governor to consider.

 

Senator Richard Hilderbrand Newsletter

February 14, 2020 ∙ Week Five
HARD FACTS
Rural Broadband
·      Some estimates show that only 13% of Kansans have access to broadband internet.
·      Some counties, like Meade County, have NO access to broadband internet.
·      While multiple federal grants exist to help promote the expansion of broadband access across the country, the funds are often far too little to have a large-scale impact on improving broadband access.
Learn Online with Universal Class
Universal Class https://kslib.info/uclass is an online resource provided by the State Library of Kansas. Universal Class offers over 500 lifelong learning courses in more than 30 areas of study at no charge. Join a full course with instructors and readings or just watch the lecture videos to brush up on a topic. The wide range of courses offers something for everyone: from accounting to yoga, babysitting to parenting, cake decorating to computer training.
Easy registration and self-supplied password is necessary to use this resource and allows you to resume your work. If the page above asks for a Kansas Library eCard number, you may get one at any library in Kansas. Most people will be automatically recognized as being in Kansas and will not need this step.  Questions: contact the State Library at [email protected] or 785-296-3296.
FLOOR ACTION – February 12, 2020
The Senate considered the appointment of Laurel Searles, as a member of the Kansas Human Rights Commission on February 12. The appointment was confirmed 40-0. Laurel Searles is the Director of Unemployment Insurance with the Kansas Department of Labor and will serve in the Labor Representative seat on the commission.
Last week I had the chance to testify in support of SB310. This is a bill that I introduced to help insure the integrity of elections in Kansas, by requiring a voter-verified paper ballot for every vote.
GOVERNOR KELLY SIGNS FIRST BILL OF 2020 SESSION INTO LAW
It may be a sentimental note, but it is worth noting. Governor Kelly is expected to sign the first bill of the legislative session this afternoon. (Friday February 14, 2020). It is SB 155 and passed both chambers with only one House Representative opposed(I voted in favor of this bill).
The law essentially changes territory assignments in order to prevent some taxpayers in the city of Valley Center from being taxed twice because of cemetery district boundaries.
THE CONNECTION BETWEEN VALUE THEM BOTH AND MEDICAID EXPANSION
Last Friday when the House failed to pass the Value Them Both Amendment, it became apparent that without constitutional protections, state funding of abortion in Kansas became a real possibility. In five other states where a high court has determined a fundamental right to abortion (this is what the Kansas Supreme Court determined last spring in its Hodes & Nauser ruling), later court orders required states to pay for Medicaid patient abortions.  That’s because federal Medicaid dollars cannot be used to fund abortion since the Hyde Amendment was enacted, which leaves the entire burden on an unprotected state with the inability to regulate the abortion industry.
Chuck Weber of the Kansas Catholic Conference pointed out, “abortion is currently a Medicaid-covered expense in 16 states,” including Connecticut where 75-percent of all abortions in 2018 were paid for by state tax dollars. He indicated that without the legislature’s ability to regulate abortion, Kansas could incur those costs as well.
TWO BILLS THAT I CO-SPONSORED ON PROPERTY TAXES GOES TO THE SENATE FLOOR
Click here to read Senate Bill 294 or paste this into your browser:
THE “SPILL BILL” FAVORABLY PASSES THROUGH THE AG COMMITTEE
A 2019 session bill that once caused controversy was amended, then passed favorably, through the Senate Committee on Agriculture and Natural Resources this week. SB 153 is an act aiming to regulate (and penalize those who cause) spillage of water and soil pollutants. The bill authorizes the Department of Health and Environment to adopt rules and regulations to respond to and report the release of a pollutant.
Additionally, the bill establishes a 24-hour statewide hotline so that individuals can report spills to the KDHE and requires any individual who causes a spill to be responsible for cleaning up the spill.
The amendment that was added creates an exception for any animal or crop waste in the definition of “pollutant” and allows for exceptions for spills that happen during the course of normal agricultural activities.
The bill was sent to the committee of the whole, where it awaits the green light from the majority leader to be sent “above the line” for a vote on the Senate floor.
RAW MILK CAUSES RAW EMOTION IN SENATE HEARING
The Senate Committee on Agriculture and Natural Resources heard two controversial bills on raw milk this week.  Essentially, SB 300 calls for a complete and total ban on the sale of unpasteurized, or “raw” milk, while SB 308 allows for the sale of raw milk (and advertising of raw milk) to be done however dairy farmers see fit, with the caveat that certain warning labels are placed on the product and in advertisements.
Proponents for a total ban on raw milk sales included several dairy producers, who spoke on behalf of the organizations they represent and are concerned with the health and safety of raw milk products. They say that if someone gets sick from the consumption of raw milk, the entire dairy industry is often penalized through lower sales and decreased consumer trust.
Opponents of a total ban included two lawyers, who say a ban on raw milk infringes on consumers’ right to choose what they buy, and producers rights to choose what they produce. Three farmers (two who raise and sell raw milk and one who sells goat meat but drinks raw milk) also testified in opposition of a total ban, saying they fully believe in the safety, and even potential health benefits, of raw milk.
SB 308 was heard the day after SB 300, and testimony was essentially the same. The Kansas Livestock Association, which represents a number of dairy farms across the state, offered three amendments: one technical amendment related to the definition of milk, one to create sanitary standards for raw milk dairies, and one to create a registry system within the Kansas Department of Agriculture for producers who sell raw milk to the public.
As of this publication, SB 308 is slated for final action next week, while SB 300 is not yet (and may never be) on the schedule for final action.
GOVERNOR’S BUDGET DIRECTOR QUESTIONED ABOUT RE-AMORITIZATION
On Monday, the Ways and Means Committee held hearings on SB 321, which is the Governor’s plan to artificially boost her spending by spreading out payments on the Kansas employee pension fund (KPERS) at a $4.4 billion dollar price tag to taxpayers.
On average, KPERS would receive $223 million less each year, which would mean we would not reach our goal of having it 80% funded until 2036 instead of 2029.
Larry Campbell, the state’s Budget Director, supported the Governor’s proposal saying the legislature has missed payments in the past so re-amortizing makes sense because it lessens payments and makes it easier to goal to achieve.  Legislators pushed back saying just because past legislatures may have been irresponsible when making payments, there is no reason to believe it is a good decision when revenues now are exceeding expectations. One committee member asked Mr. Campbell about the possibility of a recession and its implications.  Campbell responded saying he couldn’t accurately predict the timing of a future recession but that if one did hit the plan would “put the state in deep trouble.”
UTILITY STUDY RESULTS ARE IN
The Senate Utilities Committee heard a full report on the Kansas Electric Rate Study from London Economics International, the firm chosen by the committee to complete an in-depth analysis of the causes of Kansans’ high electric bills. The firm completed Phase One of the rate study, focusing specifically on rate-making options and possible ways to improve the competitiveness of Kansas electricity. A.J. Goulding, LEI president, and Gabriel Roumy, managing consultant of the study, spoke for just under an hour about the firm’s process to study electric rates in Kansas.
Our state’s rates have made headlines in the last several months for being considerably higher than the regional average. The LEI study found the primary reasons for these unusually high rates to include high tax rates in the state, slowing consumer demands for electricity, investment by electric providers in complying to strict government standards related to the environment and increasing transmission costs.
FIREWORKS ALL YEAR-ROUND?
On Thursday, the Committee on Federal and State Affairs had a hearing regarding SB 362, which would allow year-round firework sales. According to the fiscal note, The Kansas Association of Counties says year-round sales increases the likelihood that people would set off fireworks when it’s prohibited, which would increase counties’ revenues in fines. On the flip side, some say it could add costs in law enforcement and the court system. The League of Municipalities is worried the bill could result in additional expenditures for local governments to enforce fireworks prohibitions because the public may believe since you can buy fireworks all year long, restrictions on discharging them have changed as well, which would not the case through this legislation.
COMING UP NEXT WEEK
Monday, February 17
Ø Happy Presidents’ Day!
Ø Hearing and adoption of: SCR 1614 — Supporting Kansas farmers in the Rattlesnake Creek sub-basin in their ongoing effort to protect their water rights and livelihood through a collaborative solution to the region’s water impairment issue. (8:30, Agriculture and Natural Resources, 159-S)
Ø Final action: SB 307 —Updating approved types of personal flotation devices. (8:30, Agriculture and Natural Resources, 159-S)
Ø Hearing:SB 366 — Expanding the expedited occupational licensure provisions for military servicemembers and spouses to all license applicants. (8:30, Commerce, 548-S)
Ø Hearing: SB 371 — Requiring posting of a human trafficking awareness notice approved by the attorney general in certain businesses and public places. (10:30, Judiciary, 346-S)
Ø Hearing: SB 373 — Modifying the crimes of selling sexual relations, promoting the sale of sexual relations and buying sexual relations by changing terminology from “sexual relations” to “a sex act.” (10:30, Judiciary, 346-S)
Ø Hearing: HB 2426: — Revising cross-references in the civil procedure codes. (10:30, Judiciary, 346-S)
Ø Hearing: SB 337 — Expanding the provision of the ACT college entrance exam and workkeys assessments to students enrolled in nonpublic schools. (1:30, Education, 144-S)
Ø Hearing: SB 353 — Requiring the allocation of sufficient school district moneys to improve academic performance of underachieving students. (1:30, Education, 144-S)
Ø Hearing: SB 354 — Amending the private and out-of-state postsecondary educational institution act clarify the state board of regents’ authority and provide additional student protections and institutional accountability. (1:30, Education, 144-S)
Tuesday, February 18
Ø Final action: SB 251 — Allow businesses to elect to file certain business reports with the secretary of state annually, biennially or triennially. (8:30, Commerce, 548-S)
Ø Update: SB 42 — Amending the meaning of the terms “rebate” and “interest” as used in the real estate brokers’ and salespersons’ license act. (8:30, Commerce, 548-S)
Ø Update: SB 168 — Enacting the Kansas home inspectors’ professional competence and financial responsibility act. (8:30, Commerce, 548-S)
Ø Hearing: SB 383 — Providing for the American legion, knights of Columbus and proud educator distinctive license plates and providing for lowered license plate commitments and costs prior to production. (8:30, Transportation, 546-S)
Ø Hearing: SB 390 — Allowing cement trucks to display license plates on front of vehicle. (8:30, Transportation, 546-S)
Ø Hearing: SB 265 — Requiring the state board of tax appeals to serve orders and notices by electronic means if requested by the party. (9:30, Assessment and Taxation, 548-S)
Ø Hearing: SB 262 — State board of tax appeals; changing time to request full and complete opinion to be based on date of service. (9:30, Assessment and Taxation, 548-S)
Ø Hearing: SB 297 — Requiring appraisal directives to require compliance with uniform standards of professional appraisal practice in performance of property tax appraisals. (9:30, Assessment and Taxation, 548-S)
Ø Hearing continuation: SB 248 — Extraterritorial zoning, subdivision regulations; mailed notice to landowners of record. (9:30, Ethics, Elections and Local Government, 142-S)
Ø Hearing: SB 389 — Adding a definition of “purposes of sepulture” to the law dealing with cemetery corporation. (9:30, Ethics, Elections and Local Government, 142-S)
Ø Hearing: ERO 44 — Renaming the Kansas department for children and families the Kansas department of human services; abolishing the Kansas department for aging and disability services and transferring the functions to the Kansas department of human services; transferring the functions of the department of corrections regarding the juvenile services programs and juvenile facilities and institutions, excluding the Larned juvenile correctional facility, to the Kansas department of human services. (9:30, Public Health and Welfare, 118-N)
Ø Hearing: HB 2467 — Removing the spousal exception from sexual battery. (10:30, Judiciary, 346-S)
Ø Hearing:SB 375 — Providing for the FORWARD transportation program. (10:30, Ways and Means, 548-S)
Ø Hearing:SB 384 — Requiring the state department of education and the Kansas department for children and families to prepare an annual report on educational outcomes for foster care students. (1:30, Education, 144-S)
Ø Hearing:SB 410 — Requiring publication of school district bullying policies and requiring a report on bullying incidents at each school district attendance center. (1:30, Education, 144-S)
Ø Discussion and possible action: SB 230 — Clarifying the authority of the Kansas commission for the deaf and hard of hearing. (1:30, Education, 144-S)
Wednesday, February 19
Ø Hearing: SB 345 — Establishing requirements for the effective disposal of industrial hemp. (8:30, Agriculture and Natural Resources, 159-S)
Ø Final action: SB 366 —Expanding the expedited occupational licensure provisions for military servicemembers and spouses to all license applicants. (8:30, Commerce, 548-S)
Ø Hearing: SB 374 — Allowing employees of salvage vehicle pools to perform vehicle identification number inspections. (8:30, Transportation, 546-S)
Ø Hearing: SB 377 — Designating a portion of K-7 as the Senator Paul “Bud” Burke Memorial Highway. (8:30, Transportation, 546-S)
Ø Hearing: SB 301 — Changing from annual valuation of property for ad valorem property tax purposes to triennial valuation. (This is a bill that I introduced)(9:30, Assessment and Taxation, 548-S)
Ø Hearing: SB 351 — Ensuring that the votes of voters whose names do not appear in the poll book and are otherwise eligible to vote are counted. (9:30, Ethics, Elections and Local Government, 142-S)
Ø Hearing: SB 323 — Altering the terms of an insurance policy not considered a denial of renewal of the policy if the insured is provided proper notice. (9:30, Financial Institutions and Insurance, 546-S)
Ø Hearing: SB 402 — Updating producer licensing statutes pertaining to appointment, fees, licensing, renewal dates, continuing education, suspension, revocation and denial of licensure and reinstatement. (9:30, Financial Institutions and Insurance, 546-S)
Ø Hearing continuation: ERO 44 — Renaming the Kansas department for children and families the Kansas department of human services; abolishing the Kansas department for aging and disability services and transferring the functions to the Kansas department of human services; transferring the functions of the department of corrections regarding the juvenile services programs and juvenile facilities and institutions, excluding the Larned juvenile correctional facility, to the Kansas department of human services. (9:30, Public Health and Welfare, 118-N)
Ø Hearing: SB 355 — Prohibiting psychiatric or psychological examinations of victims of certain sex offenses in criminal cases. (10:30, Judiciary, 346-S)
Ø Hearing:SB 382 — Amending the capital improvement state aid schedule to exclude U.S.D. No. 207, Fort Leavenworth. (1:30, Education, 144-S)
Ø Discussion and possible action: SB 337 — Expanding the provision of the ACT college entrance exam and workkeys assessments to students enrolled in nonpublic schools. (1:30, Education, 144-S)
Thursday, February 20
Ø ONE WEEK LEFT UNTIL TURNAROUND DAY!
Ø Final action: SB 308 — Allowing the on-farm retail sale of raw, unpasteurized milk so long as certain labeling and advertising requirements are met. (8:30, Agriculture and Natural Resources, 159-S)
Ø Final action: SB 345 — Establishing requirements for the effective disposal of industrial hemp.  (8:30, Agriculture and Natural Resources, 159-S)
Ø Hearing: SB 247 — Prohibition by cities and counties on the use of photographic traffic signal enforcement system. (8:30, Transportation, 546-S)
Ø Hearing: SB 196 — Expanding the expense deduction to all taxpayers in addition to corporate taxpayers. (9:30, Assessment and Taxation, 548-S)
Ø Hearing: SB 309 — Placing the burden of proof on the county appraiser in certain valuation and classification appeal hearings before the district court. (9:30, Assessment and Taxation, 548-S)
Ø Hearing: SB 412 — Permanent advance voting status extended to any registered voter but such status will end if two consecutive elections are missed. (9:30, Ethics, Elections and Local Government, 142-S)
Ø Hearing: SB 387 — Establishing a healthcare benefits package not covered or affiliated with a health insurer or health benefits plan, to be administered by Kansas state employees’ healthcare commission. (9:30, Financial Institutions and Insurance, 546-S)
Ø Discussion and possible action: SB 252 — Expanding medical assistance eligibility and implementing a health insurance plan reinsurance program. (9:30, Public Health and Welfare, 118-N)
Friday, February 21
Ø 8 AM Session
Ø Many committees will meet on call of the chair.
Thank You for Engaging
Thank you for all your calls, emails, and letters regarding your thoughts and concerns about happenings in Kansas. Constituent correspondence helps inform my decision-making process and is taken into great consideration when I cast my vote in the Kansas Senate. I hope you’ll continue to engage with me on the issues that matter most to you, your family, and our community. If you are on Twitter or Facebook, I encourage you to follow along with the #ksleg hashtag for real-time updates on legislative happenings in Topeka.
Please know that I am fully committed to addressing the current issues in our state, and I am proud to be your voice in the Kansas Senate.

Legislative Update By State Senator Caryn Tyson Feb.14

February 14, 2020

Almost all work was in committees during week five of session.  Several bills were passed out of committees so there could be ample work on the Senate floor in the next two weeks.

 

Legislation 101  Do you remember the School House Rock video, “I’m Just A Bill”?  “I’m just a bill.  Yes, I’m only a bill and I’m sitting here on capitol hill…”  Kansas has a similar bill process that is a two-year bill cycle starting in odd years.  There have been 452 senate bills introduced this cycle. A list of the bills can be found online at http://www.kslegislature.org/li/b2019_20/measures/bills/senate/#1.

 

Once a bill is drafted and introduced, it is usually referred to a committee.  The committee may have a hearing, table, amend, and/or vote on the bill.  If it passes, it goes below the line for the body of the whole.  At this point the Majority Leader decides if and when a bill will be above the line for debate on the floor.  There are rules that allow legislators to pull a bill out of committee and above the line but it rarely occurs since it takes more than a majority and is a high threshold.  If the bill makes it to floor debate, it can again be amended.  If a majority vote yes during a final action vote, the bill is sent to the other chamber to begin the process again.  If a bill is amended in the second chamber, the originating chamber will vote to accept or reject the changes.  If rejected, the bill can be killed or a conference committee with three members from each chamber is formed to negotiate the changes and agree on a compromise.  Both chambers must pass the compromise before it will go to the governor.  The governor can sign the bill into law, veto the bill – an attempt to kill the bill, or allow it to become law without a signature.  Two thirds majority of each chamber can override a governor’s veto, in which a vetoed bill becomes law.

Maybe we can follow a bill along to see how this works.  SB 294 , that brings transparency to your property tax increases, has been voted out of committee and is now below the line in the Senate.  Do to the bill’s popularity I’ve been told it may be quickly moved above the line for debate on the Senate floor.  I will keep you informed on its progress through the system.

Kansas Public Employees Retirement System (KPERS) You may have heard the Governor is attempting to mess with KPERS again.  Last year a supermajority of legislators sent a strong message (a veto override) to leave KPERS alone.  The Governor obviously did not get the message as she is attempting to re-amortize, basically refinance, costing Kansas taxpayers $4.4 billion dollars.  As with last year, I will fight to block the Governor’s effort to weaken KPERS and put our State in more debt.

 

It is an honor and a privilege to serve as your 12th District State Senator.

Caryn

Fort Scott City Minutes of Special Meeting on Feb. 14

CITY OF FORT SCOTT

SPECIAL CITY COMMISSION MEETING

The minutes are unapproved until Feb. 18

Minutes of February 14, 2020 Special Meeting #1

.

A special meeting of the Fort Scott City Commission was held February 14th, 2020 at 3:00 p.m. in the City Commission Meeting Room, 123 S. Main Street, Fort Scott, Kansas.

ROLL CALL:

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

AUDIENCE IN ATTENDANCE: None

EXECUTIVE SESSION:

Kevin Allen moved to recess into a 60 minute Executive Session to include just the City Commission. This Executive Session is to discuss non-elected personnel. There is no action anticipated after the Executive Session. Pete Allen seconded. All voted aye.

RECESSED INTO EXECUTIVE SESSION AT 3:01 P.M.

COMMISSIONERS ENDED THE RECESS INTO EXECUTIVE SESSION AT 4:01 P.M.

ADJOURNMENT:

Lindsey Watts moved to adjourn the special meeting at 4:01 p.m. Pete Allen seconded. All voted aye. Motion carried.

ADJOURNED SPECIAL MEETING AT 4:01 P.M.

The next regularly scheduled meeting is to be held on February 18th, 2020 at 6:00 p.m.

RECORDED BY:

_____________________________________

DIANE K. CLAY

CITY CLERK

Fort Scott Commission Minutes of Feb. 4

CITY OF FORT SCOTT

CITY COMMISSION MEETING

Minutes are unapproved until Feb. 18

Minutes of February 4, 2020 Regular Meeting #3

The regular meeting of the Fort Scott City Commission was held February 4th, 2020 at 6:00 p.m. in the City Commission Room, 123 S. Main, Fort Scott, Kansas.

ROLL CALL:

Commissioners K. Allen, P. Allen, and L. Watts were present with President of the Commission R. Nichols presiding. Mayor JoLynne Mitchell was absent.

INVOCATION: Pastor James Collins, First Southern Baptist Church, said a prayer asking God for guidance for the City, our Government and City officials.

AUDIENCE IN ATTENDANCE: Travis Shelton, Rachel Pruitt, Robert Uhler, Deb Needleman, Michael Mix, Susan Bancroft, Josh Jones, Janice Allen, Michael Hoyt, Carl Repp, Dandelyon Vredenburg, Diana Morriss, Deb McCoy, Matthew Wells, Stewart Gulagher, Patrick Wood, Mary Sanders, Greg Schick, Devin Tally, Chad Brown, Mark McKenney, James Collins, Jeff Fischer, Jara Martin, Cheryl Adamson, Max Fanning, Clayton Miller, and representing the press, Tammy Helm, Editor, Fort Scott Tribune.

PROCLAMATIONS/RECOGNITIONS: American Legion Mid-Winter Forum Proclamation – January 31 – February 2nd, 2020 – City Clerk, Diane Clay, read a Proclamation which proclaimed January 31st through February 2nd, 2020 as American Legion Mid Winter Forum in our community.

APPROVAL OF MINUTES AND APPROPRIATIONS/CONSENT AGENDA:

President of the Commission, Nichols, asked if there were any items that need removed from the Consent Agenda.

Commissioner Pete Allen asked that Item D and Item F be removed from the Consent Agenda.

  1. Approval of minutes of the regular meeting of January 21st, 2020.

  1. Approval of Appropriation Ordinance 1255-A totaling $707,843.95.

  1. Correction to December 17, 2019 minutes to reflect Ordinance No. 3556 creating the Street Advisory Committee in lieu of Ordinance No. 3356.

  1. Approval of Ace Pipe Cleaning Invoice – $37,430 (pulled from last meeting) (5% retainage for work to be completed)

  1. Consideration of Approval of Change Proposal Request #8 – Crossland Construction – River Intake Project – $37,408.00

  1. Request to Pay #1 – Schneider Electric – $276,133.87 – Energy Service Project

  1. Approval of December financials

Lindsey Watts moved to approve the Consent Agenda with the removal of Item D and F. Kevin Allen seconded. K. Allen, L. Watts and R. Nichols voted aye. P. Allen voted no. Motion carried 3-1.

APPROVED CONSENT AGENDA WITH THE REMOVAL OF ITEMS D AND F.

Commissioner Pete Allen made a motion to remove Item D – Ace Pipe Cleaning Invoice from the Consent Agenda. Lindsey Watts seconded. All voted aye.

REMOVED ITEM D – ACE PIPE CLEANING INVOICE FROM PAYMENT.

Pete said he has several concerns that the projects were not done up to specifications that the City of Fort Scott adopted. He asked if the project was done up to O.S.H.A. standards. Another concern is if the trenches that were dug were backfilled correctly to our specifications. He asked if a leakage test was performed on the projects from manhole to manhole. He has concerns with manhole testing. There were 13 new manholes put in and they were not tested nor inspected by City personnel. A vacuum test was to be performed and he cannot find where that was done. Existing sewer lateral lines cannot be used, and those lines cannot be hooked up to our new sewer lines. The manhole covers were supposed to be coated and were not. Another item in our specifications state that Neenah covers be used, and that brand was not used but rather a cheaper brand. He believes they should all be replaced with our specifications that were adopted. He shared photos of his concerns with the other Commissioners. He asked them to look at 7th and Holbrook streets where the specifications were not done up to our codes.

Commissioner Watts asked if someone was overseeing this project.

Michael Mix said he was overseeing this job and he could respond to Pete’s concerns. He has notified this company in writing about his O.S.H.A. concerns. He has asked them to come back and refill some of the projects they have done.

Discussion was held on all of Pete Allen’s concerns with this company. Michael suggested that this item be tabled again and he will address each of these concerns with this company.

Jeff Deane, City Attorney, cautioned them to be careful about the Kansas Prompt Payment Act which is K.S.A. 16-1901 as it allows us to set a retainage at 5% or a higher number but not more than 10%. If we don’t pay them for the work they have done, regardless of our concerns, we are subject to 18% interest if we don’t pay them within 30 days, and the prevailing party gets costs, fees, and collections. While we have valid concerns, this particular law is in favor of the party asking for the payment.

Michael said that there is one outstanding invoice that is still awaiting. He has not received it yet.

More discussion was held on the improper work that was completed and payment of this invoice, inspections of the projects, and holding this company liable for their work.

City Staff will investigate this work and check out all these issues.

REMOVED ITEM D – ACE PIPE CLEANING INVOICE FROM PAYMENT.

Pete Allen made a motion to remove Item F – Schneider Electric payment of $276,133.87. Kevin Allen seconded. Kevin Allen, Lindsey Watts, and Randy Nichols voted no. Pete Allen voted yes. Motion carried 3-1.

MOTION DENIED TO REMOVE PAYMENT FOR ITEM F.

Pete said that he hasn’t seen the contract with this energy company. He highly objects to the City paying $2,000,000 to this company when we have needs in Fort Scott with our sewers.

Susan Bancroft, Director of Finance, informed the Commission that this project was funded through a Lease Purchase that has already been completed. The money is sitting in an escrow account. The previous City Commission approved this.

Pete asked why we are paying for equipment that has not been put on the job yet. We have nothing to show for this.

Susan said that this is for the materials that are sitting in storage waiting to be installed.

Randy Nichols said that these items needed to be purchased due to escalating costs.

Michael Mix said that these crews were in town today. They have been in all the City buildings. They are installing light fixtures in the Water plant. This will be paid for with energy savings. The savings goes to pay back the debt. This is a wonderful opportunity to get upgrades to our mechanical systems and lights.

Susan said that this project needs to be paid for along the way.

Commissioner Nichols said that this is a guaranteed savings.

Pete Allen said that he is not in favor of this project. He doesn’t believe we will see any savings. This is not good economics in his opinion.

Kevin Allen said that the previous Commission approved this project. There is no way to get out of this project. We need to make sure we are seeing savings.

Randy Nichols said that this is a good project. This group will demonstrate savings to the City. It is a budget neutral project.

Randy Nichols moved to approve the Schneider Electric payment. Lindsey Watts seconded. Kevin Allen, Lindsey Watts, and Randy Nichols voted aye. Pete Allen voted no. Motion carried 3-1.

APPROVED TO PAY SCHNEIDER ELECTRIC PAYMENT IN THE AMOUNT OF $276,133.87 – ITEM F.

APPEARANCE/COMMENTS/PUBLIC HEARING:

  1. APPEARANCE: None

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

limit per citizen) – President Nichols asked that the 5 minute rule and Commission comments be included in the 5 minute rule this evening. We can hear the information and the City Manager can give the issue to a staff member to further investigate.

Michael Hoyt – First off, he asked who Gilmore and Bell is.

Susan Bancroft said they are the City’s bond attorney.

Mr. Hoyt wondered what the $10,500 payment went for. He wanted to direct a question to Mr. Deane. He thinks he led the public astray when he said last time that whenever you receive a complaint or make a complaint, you have to respond to it. That is not true. Any dumb person can file a complaint. It’s the Attorney General who gives it probable cause and finder of fact. They asked you to respond. He did not. Correct?

Jeff Deane said he was not going to comment. It is his public comment time. He said he would not take away from your 5 minute time frame.

Mr. Hoyt said that Mr. Nichols said you could. He was yielding to him.

Jeff Deane said that he would not give him legal advice. They have talked about this.

Mr. Hoyt asked that they have?

Jeff Deane said that he was not going to give him legal advice.

Mr. Hoyt said that he was not asking him for legal advice. He was asking for him to tell the people of this town what K.O.M.A. actually says. He could spend all day sending in complaints, but they don’t necessarily have to forward them to you for a reply.

Jeff Deane said that he has advised his client, who is the City of Fort Scott and the Commissioners, of his legal advice in this matter and doesn’t have to share with him.

Mr. Hoyt said that you certainly are and certainly billed for it. We spoke about pulling the bill out. He would like that bill reviewed, specifically dates, 12/18, 12/19, 12/20, and 12/26 and since when do we give our legal counsel the right to have direct contact with the media. Never. He billed for 5 hours for a phone conversation with Ms. George of Fort Scott.Biz. No Dave (Martin), you’re responsible for talking to the media. Not your attorney. He has asked Ms. Clay here to provide me with your scope of work letter, and your contract with the City. Thank you.

Carl Repp & Dandelyon Vredenburg – Mr. Repp said that it was just him that would be speaking. He thanked the Commissioners for their time. He said he was not there to ask them to pay for anything. He was there to honor the past and to move towards the future. He asked for permission to replace the asphalt roof at 123 South National with a metal roof and bring it back to its original material. He passed around to the Commission a section of the metal roof that was still on the building. That is the original material as there was still historical roof that was left on one of the original gables after they added the parish house on in 1926. The Historical Preservation Guidelines suggest three areas of consideration, color, material, texture and design. We can match the color and the material, and the texture would add up to $30,000 onto the cost of that roof, so they are choosing not to do that. The City officials have the right to allow discrepancies for historical preservation guidelines for economic and basic common sense reasons. This request is both economic and common sense. In 2017, they repaired and replaced the flat portion of the building with the best possible solution and contractors. With their own money this included repairing the structure and four inches of insulation in addition to the new service. When they bought the building, water was pouring into it. If they hadn’t bought the building, that building would have been gone in 6 to 12 months. The floors were flooded on the first and second floors completely. They put over $150,000 of their own money into this building. They have come to the City for nothing except to ask for repairs that they wanted to do. The current asphalt roof was destroyed by hail and wind. It’s one of the only 12 X 12 pitches in Fort Scott in the historic district and is very susceptible to hail in the northeast and wind from the southwest. If they put another asphalt roof on there, it will only get ripped off. Their insurance rates have almost tripled because of the two claims they had because of the hail and wind. The Historic Board Committee said that they didn’t use metal roofs in 1905 and denied it. That is false and they went back and realized that the original roof was metal. Then they said it was better to go back to the 1940’s to an asphalt roof. He asked why. The cheap green asphalt is not closer to the original roof. It’s actually a complete waste of money and energy. Right now, U.S. landfills are being filled with these types of shingles. The metal roof will bring up their efficiencies by 60% for heat and cool. Tonight, we heard the City’s energy efficiency program to a tune of $2,000,000. All they are asking is to support your citizens in doing the same thing. Their gas bill in a 10,000 square foot building is $1,700 for the month of January partially due to the roof that is on that building. Preservation – replacing green asphalt with green asphalt is not preserving historic nature. They want a roof that will preserve the building and improve the building’s longevity. Aesthetics – Some of the best buildings in the world have metal roofs. In most of the world, it is not seen as a barn roof, but a very high end roof when you put a metal roof on. He has many pictures of many churches that are historic with metal roofs on them. It’s not closer to the original, not even close. It’s just closer to the current shingle roof from 2013 which they had to empty out of their courtyard as the previous owner dumped all the asphalt shingles there, which then went to the Fort Scott Landfill after that. If you drive through Nevada’s Cottey College, you would see all the beautiful metal roofs. You could see how it could be done with beautiful historic buildings. You have a right to allow a metal roof that will preserve this building, save landfills, and keep 2nd and National beautiful, and not end up a parking lot like 1st and National. He is unaware of any decision by this particular Commission but urged them to take action on this issue and allow for a variance for 123 S. National and allow for a metal roof on their building and get underway with their restoration.

Kevin Allen said this is the first time he has heard of this. He asked again about the roof material.

Carl Repp said that the Design Review Committee is wanting them to put asphalt shingles on it. That is an enormous amount of money. They are willing to place the silver gray metal on the roof.

City Manager said that they went through the process and the Design Review Board denied their request. The previous City Commission supported their decision.

Carl Repp said that he thought the previous Commission tabled the request.

City Manager said that the Commission has the power to approve this request. The worse case scenario is that H.P.A. can remove this building from their historic list of buildings.

Randy Nichols asked that more information be brought back before this Commission at our next meeting so the entire board can see and hear this and make a decision.

Diana Morriss – Ms. Morriss welcomed the new panel of City Commission to the service which you were elected to and are now expected to exhibit as elected representatives of the citizens of Fort Scott. It seems that many of our recent panels of Commissioners have either been unaware or failed to understand the hierarchy of City government. She reminded them each that as a City Commissioner, you are charged with the management of our City. It is your responsibility. While any deficiency or disagreement brought to light sometimes seems to be viewed as negativity, she begged them to view these observations as a true concern for the efficient management of Fort Scott. Part of the platform that she ran on during the primary election was frugality, and she had a lot of support for that portion. To that end, she examined the expense reports from October 2017 through February 5th. She was led to do this after the last Commission meeting when there was a lot of discussion centered around how we might not be able to afford the repair and maintenance of our City’s crumbling infrastructure. She said that without a solid infrastructure, the City has a future that is dubious at best. She would like the Commissioners to spend time and closely examine the expense reports that you approve every two weeks and consider areas where a little penny pinching or different management might be wise. She said she truly valued education and training but does however expect a return on that investment. The taxpayers of Fort Scott have paid for travel and training over the past 2 ½ months, amounts to $21,000 and some. At that rate, we will have invested over $101,000 in travel and training this next year. As she has examined the expenses in this short period of time, the management of taxpayer dollars resembles more of a management style of a benevolent family business rather than a government entity. While she prides herself on being generous somewhat, she does have to watch her generosity with her own funds. It would behoove you Commissioners to demand management that shows consideration of the taxpayers whose dollars fund our city and to encourage a mindset that these monies are a public trust. I find a number of expenses that I believe a majority of taxpayers would find objectionable or at least questionable. The salaries of most of our administrative personnel exceed the income of most of the people who pay those salaries. In light of that, she thinks that most of these business meetings could take place during regular office hours, rather than over breakfast and lunch, where we pick up the tab. Most of us would find a provision for clothing for our City Manager highly objectionable. Many would ask why we pay for gifts, why we send flowers, why we provide parties, why we supply tickets to local events, and why we make charitable donations from our tax dollars. Are those expenditures truly acceptable? These funds come from our tax coffers? She doesn’t mean to sound like a scrooge but she does think it is the responsibility of the Commission to demand management that full consideration of the money being spent comes from all the people that live and work and shop in Fort Scott. Many of the expenses that she examined are justified, but there are others which are highly questionable, and with this new Commission she hopes that you will each embrace the responsibility to which you’ve been entrusted. She thanked them for their time.

Kevin Allen said that he has met with the City Manager already on this issue. He wants to make sure what we buy is necessary.

Deb McCoy – Ms. McCoy said that she was going to be doing a continuation on what Diana said. There are several concerns she has with expenditures of the tax dollars. When a government entity receives monies from a state and federal government, most of the state, county and city governments follow the guidelines of the federal government when it comes to spending our tax dollars. There should be policies and procedures available to employees as a guide to what is acceptable and not acceptable when it comes to spending our tax dollars. She too reviewed the expense reports from 10/17 to 2/5. The phones and Ipad account for that fourteen week period was $8,072.00. Payments to Verizon for 23 devices at a monthly cost ranges from $14.27 to $246.20. On the expense report ending in 12/4, there were additional charges for $987.00 and two LED screens at $240.00 were purchased. The next account was office supplies. Office supplies range from soda which was $47.94, to breakroom supplies, zip log bags, toners, Joplin Culligan water cooler at $189.93, copy paper, address labels, cartridges, paper towels, toilet paper, and envelopes. Total expenditures were $3,681.60 for a four week period. When it comes to cleaning supplies, we pay a cleaning person from $40.00 to $100.00 to clean at City Hall, Memorial Hall, and the Police Department. Supplies are also purchased for cleaning supplies, toilet paper, trash can liners, soap, and paper towels. Mats are obtained through Cintas and they also showed an expenditure for some first aid kits. Total expenditures in the fourteen-week period was $11,211.00. Thanksgiving holiday turkeys for employees was $1,781. The Christmas employee party was $2,040.00 and three other departments charged their Christmas party totaling $505.00 with a grand total of $2,545.00. Event expenses for H.P.A. dinner and Fort Scott Jamboree totaled $190.00. Other expenses include the Biggest Loser Program which is a City wide program was paid $405.00 for 27 participants. Donations to different organizations throughout the City totaled $1663.00. Rental building for meetings was $300.00. Chamber of Commerce annual membership dues are $100.00 per person, and $700.00 plus spent. Shirts purchased for the City Manager, and his contract does not have an expenditure clause for clothes. Code footprint for an elected City official totaled $1,729.00. Code footprints usually should be paid for by the owner. She called several surrounding cities and they do not pay for code footprints. As a previous government employee for 31 years, it is concerning that our City government is using tax dollars on expenditures that is not in agreement with federal laws. She took it upon herself to contact surrounding cities to see how they handle their expenditures on break room supplies, department parties, donations, gifting, and phones. They follow the federal guidelines. They do not pay for membership dues for employees who choose to be in an organization. They do pay for special certifications and usually have one Christmas get together for all employees. They do not give Thanksgiving presents. Birthdays or other special events of gifts are not provided for by the City. If a department chooses to do something for an employee, contributions are made by the employees and the employees bring in food. Retirements – one City provided a $400.00 cap and another City provided a $250.00 cap. They do not provide breakroom supplies, soda, or water. The employees have a kitty and they buy their supplies as needed. Telephones are only given to the persons on call such as the City Manager, Utility Techs, Police and Fire. They have about 9-10 phones total and they pay a stipend to the employee of $11.24 to the employee. Our City handbook does not provide information on gifting and expenditures. We may benefit from a contracted central supply where people can get their office and janitorial supplies. Why are we paying all these funds? We need to get back down to the basics. We are spending a lot of money that could be used on things that benefit all taxpayers, such as infrastructure, streets, fire and police. We need to get real.

Susan Bancroft explained the Biggest Loser program to the Commission and how it works. Buck Run hosts the program and the City just runs the funds through us and it is paid directly back to them. She also said that at their next City Commission meeting the purchase policy will be brought before them to review.

Matthew Wells – Mr. Wells said that since the 1880’s, Fort Scott has had a water and a sewer distribution system with no major overhauls. We have used iron water pipes and clay sewer pipes, with both having a life expectancy of 50 years. Most of these pipes have been in the ground well over 125 years. Those pipes are a health hazard to the citizens, livestock and wildlife in our community. Sewer pipes are leaking internally and externally, leading to contamination of our soil and overflowing of our treatment plant and distribution system. Our crumbling sanitary sewer systems has huge infiltration problems with external leaks into the system due to the deterioration of our piping, manholes, and lateral lines. This is causing unhealthy sanitary sewer overflows and is a huge contributor to excessive operational costs at the disposal plant. Our massive electric bill there is directly proportional to the amount of waste and storm water it must pump and process. Case in post, in 2018, the wastewater electric bill was $171,000. Last year, an excessive rainfall year, the electric bill rose to $185,000. This also caused wear and tear on equipment which means shorter life expectancy. Our City is now faced with the task of, not patching, but rebuilding our sewer lines, a task that has been shunned aside for many years. You might ask why we have allowed our sewers to get so antiquated to the point of having major sanitary sewer overflows. It is because our leaders are limited in their knowledge and expertise in the fields required to fix the problems and we have not hired persons with that schooling, training or talent and ability. We are now faced with the expenditure of in excess of $15,000,000 to bring our sanitary sewers up to standard. In 1975, the City Commission passed an ordinance establishing a fee to be added to our water bills each month. It was specifically to be used for repair, maintenance and replacement of our sanitary sewer system. It was stated the revenue was to be used for no other purpose. It was also stipulated that the revenue was to be reported every six months and the fee was to be adjusted to insure there were enough funds to repair, maintain, and replace our system. That ordinance is still on the books. Fortunately, the rebuilding of our sanitary sewer system is a labor intensive task. One that is teachable. We can hire and train necessary personnel who live here. We don’t have to hire out of town contractors to take our money home with them. By re-piping of our sanitary sewer system, we can keep money in the community. When dollars are spent locally, they can in turn be re-spent locally, raising the overall level of economic activity, paying more salaries, and building the local tax base. This re-circulating of money leads to an increase of economic activity, with the degree of expanse entirely dependent on the percentage of money spent locally. It is the added economic benefit of local businesses to a local economy. This means more money will be circulating in the local economy, which may lead to more public infrastructure and raising more money in taxable transactions to fund local government services. By re-piping our sanitary sewers, the following can be expected: 1) We will put to work an additional 6 to 10 workers; 2) We will be training those workers and providing skills that could lead to a better way of life for them; 3) We will be cooperating with Bourbon County by purchasing fill and bedding rock from quarries located in the county, thereby providing revenue to the landowner on whose property the quarry is on; 4) We can enforce City code in the re-piping thereby training our Codes Department to inspect and enforce codes; 5) We can add crew or crews as additional money becomes available through repurposing sanitary sewer revenue and obtaining grants and revenue bonds; 6) Morale of the community will improve when citizens recognize their tax money is being used to improve their quality of life; 7) People from out of town will recognize Fort Scott is trying to improve by re-piping the old sewer lines instead of just patching as we have been doing for the past 100 years; 8) We will be writing job descriptions, duties, and responsibilities and advertising for new workers to be selected based upon qualifications with preference given to local help.

All sanitary sewer funds generated would be placed in a special re-piping account. Wastewater utility is proposed to generate $2.2 million in 2020. Cost to fund the disposal plant (according to proposed budget) is approximately $400,000 leaving approximately $1.8 million to pay off debt and funding of the re-piping project (debt pay-off for wastewater is in the $65,000 range) leaving approximately $1.7 million for re-piping. That would fund over 8 miles of new pipe. There has been a fake wastewater administration account set up to funnel $319,000 of the wastewater funds. This would fund the re-piping of approximately 1 ½ miles of sewer lines. The administration fee should be adjusted to 1% of the funds generated. There is another fake water administration account set up to funnel $655,000 from the water revenue. That amount would fund over 3 miles of new sewer line. Again, the administration fee should be held to 1% of the funds generated. According to the ordinance, that revenue could be borrowed from the water funds, used for sanitary sewers and paid back at a later date. Total funding for 2020 for re-piping should be approximately $2.7 million if we put the revenue where it belongs and keep it out of the general fund. Figuring 90 new manholes at a cost of $360,000, we would have about $2.3 million for re-piping or 10 miles. He gave the Commissioners a handout of his prepared speech.

  1. PUBLIC HEARINGS:

Lindsey Watts moved to open the Public hearing at 7:16 p.m. Randy Nichols seconded. All voted aye.

OPENED PUBLIC HEARING AT 7:16 P.M.

6:15 p.m. Resolution No. 7-2020 -Directing the Repair or Removal of an Alleged Unsafe and Dangerous Structure located at 421 W. 5th Street – Robert Uhler said that structure is in bad condition. It is open to the elements. He is asking for a time frame of 60 days to either repair or remove this structure.

Mark McKenney said that he was representing the McKenney family. He said that Skitch brought them a dumpster. They have taken off the siding that was bad. The foundation is in good shape still. The red part of the roof is bad. It is not leaking. There are broken windows. They are having a family meeting soon and will make a decision about this house and decide whether to repair or remove this structure. If it is removed, they will do that.

Robert asked to remove this from the unsafe and dangerous listing and he will work with the McKenney family on this property.

Kevin Allen moved to remove this structure from the dangerous and unsafe listing and for Robert Uhler to work with the owner of the structure. Lindsey Watts seconded. All voted aye.

APPROVED TO REMOVE THE STRUCTURE AT 421 W. 5TH STREET FROM THE DANGEROUS AND UNSAFE LISTING AND FOR ROBERT UHLER TO WORK WITH THE PROPERTY OWNER.

He will update the Commission at their next meeting.

Kevin Allen moved to close the Public Hearing at 7:20 p.m. Lindsey Watts seconded. All voted aye.

CLOSED PUBLIC HEARING AT 7:20 P.M.

EXECUTIVE SESSION:

City Manager asked that a 15 minute Executive Session be held to discuss preliminary discussions relating to the acquisition of real property. There is no action anticipated. This will include the City Commission, Jeff Deane, City Attorney. Susan Bancroft, Director of Finance, Robert Uhler, Community Development Director, and Dave Martin, City Manager.

Kevin Allen moved to recess into a 15 minute Executive Session to include the City Commission, Jeff Deane, City Attorney. Susan Bancroft, Director of Finance, Robert Uhler, Community Development Director, and Dave Martin, City Manager to discuss preliminary discussions relating to the acquisition of real property. There is no action anticipated. Lindsey Watts seconded. All voted aye.

RECESSED INTO EXECUTIVE SESSION AT 7:23 P.M.

CAME OUT OF EXECUTIVE SESSION AT 7:38 P.M.

CONSIDERATION:

  1. Consideration of street light for the alleyway behind Luther’s BBQ – 3 West Oak Street – Robert Uhler, Community Development Director, informed the Commission that he is seeking permission to contact Evergy to place a street light at the alley at 3 West Oak for safety purposes.

Kevin Allen made a motion to approve to contact Evergy to place a street light at the alley at 3 West Oak for safety issues. Lindsey Watts seconded. All voted aye.

APPROVED TO CONTACT EVERGY TO PLACE A STREET LIGHT AT THE ALLEY AT 3 WEST OAK FOR SAFETY ISSUES.

  1. Consideration to solicit bids on the replacement of the outside stairs at Memorial Hall – 1 East Third Street – Robert Uhler, Community Development Director, informed the Commission that he is seeking permission to go out for bid to replace the steps at Memorial Hall. He will seek two bids to either repair or completely replace these steps. The bids will be solicited locally and brought back before them.

Kevin Allen moved to solicit bids for the repair or replacement of the steps at Memorial Hall. Randy Nichols seconded. All voted aye.

APPROVED TO SOLICIT BIDS FOR THE REPAIR OR REPLACEMENT OF THE STEPS AT MEMORIAL HALL.

  1. Consideration to hold a Public Hearing on the advisability of creating a Community Improvement District within the City of Fort Scott, Kansas; Establishing a Community Improvement District Sales Tax to finance improvements within such district, providing for the giving of notice of such public hearing, and authorizing actions related thereto – Approval of Resolution No. 8-2020. – Rachel Pruitt, Economic Development Director, informed the Commission that she is seeking approval to hold a public hearing for a Community Improvement District for the property to be known as Dollar Tree development. Highlights of this development will be that it is a 10,000 square feet of retail space with 1.5 acres along the Highway 69 Corridor. It will provide up to 15 new jobs with estimated annual sales of $1,000,000 to $1,500,000 and will be open by September 2020. The Community Improvement District involves the following: The developer will pay the project costs of $861,000 with estimated reimbursement of $242,000 with a 1% CID tax – annual reimbursement of $11,000 for a period of 22 years.

Discussion was held regarding the current CID District which includes Hibbitt, Factory Connection, Gordman’s, and Dairy Queen. That brings in $30,000 annually.

Rachel asked for approval for Resolution 8-2020 setting a public hearing for the proposed CID district.

Kevin Allen moved to approve Resolution No. 8-2020 setting a public hearing for the proposed CID District. Lindsey Watts seconded. All voted aye.

APPROVED RESOLUTION NO. 8-2020 CALLING A PUBLIC HEARING ON THE ADVISABILITY OF CREATING A COMMUNITY IMPROVEMENT DISTRICT WITHIN THE CITY OF FORT SCOTT, KANSAS; ESTABLISHING A COMMUNITY IMPROVEMENT DISTRICT SALES TAX TO FINANCE IMPROVEMENTS WITHIN SUCH DISTRICT, PROVIDING FOR THE GIVING OF NOTICE OF SUCH PUBLIC HEARING, AND AUTHORIZING ACTIONS RELATED THERETO. – DOLLAR TREE –

  1. Consideration of EMS Medical Director Contract – Susan Bancroft, Director of Finance, informed the Commission that this is the annual contract for Dr. Katrina Burke as the Medical Director for Bourbon County EMS of which she has been since 2017. In accordance with Kansas Statue 65-6126, each emergency medical service will have a medical director appointed by the operator of the service to review and implement medical protocols, approve and monitor activities of attendance. Dr. Burke has been very active with E.M.S. this past year in reviewing and implementing and educational review with pre-hospital care. The City does all the EMS services and this is a flow through to pay for their services. We would like to keep Dr. Burke as our Medical Director.

Randy Nichols moved to appoint Dr. Katrina Burke as the EMS Medical Director. Lindsey Watts seconded. All voted aye.

APPROVED TO APPOINT DR. KATRINA BURKE AS THE EMS MEDICAL DIRECTOR.

  1. Consideration of Letter of Support to Bourbon County for health care – Dave Martin, City Manager, informed the Commission that as you know at the last City Commission meeting, you approved the replatting of the land for CHC and Via Christi to rebuild their facilities. There has been discussions with Bourbon County as possibly working and taking over that building and working with the current partners there. We were made aware of that after the last meeting. We have met with the County and discussed some concerns we had. They are not asking us for money but asking for a letter of support. He asked for a motion to approve the following letter: “Please accept this letter from the City of Fort Scott Commissioners as an offering of our support and commitment to continue to work together to enhance healthcare in Bourbon County. We support your efforts in working with key healthcare allies in the region in developing a new model of rural healthcare in the previous Mercy facility here in Fort Scott. The City of Fort Scott is committed to supporting the most robust and long-term sustainable healthcare services for our community. We are excited to be involved with this endeavor and look forward to future involvement”.

Kevin Allen said that this is a great way for the City to work with the County. We are excited to keep health care here in our town. It would definitely affect our population if we didn’t. He is excited to move forward with this.

Randy Nichols said that for public scrutiny and history and transparent issues, he wanted to bring out some history on this. Historically, this hospital was built in the vision of what health care was for at that time. We had lots of beds and lots of inpatient beds. Health care has changed and continues to change in terms of hospital beds, length of hospital stays, ability to support specialty care in a rural area. We had general surgery, general O.B. which is no longer specialty. The support of the community also helped the survival of this hospital. Having said that, when Mercy decided to leave, there were lots of discussions and a task force formed. There were lots of interested people but none of them felt like under those circumstances could support the hospital building. He credited Reta Baker to making sure we had two entities that would assist us in health care in this community. They started moving forward with building their own facilities while there were evaluations moving forward with looking at the current building. As it was looked at, there were risks and benefits with this plan. The community needs to go into this looking through wide open eyes. This building, for tradition health care, been an albatross. This new medical mall model is completely new, untested, what do we do, where are we headed, let’s do the best we can. There is an emotional theme in the community about saving the building. There were private funds put into it. Saving the building for the sake of saving the building is not a fiscal responsible decision. I think the people that are saving the building are doing it for the reason of repurposing the building and that is primary care, specialty care, ER, expanded ER of some fashion, and the rest of the building is still up in the air. Some may be tax supported and some may not. If we’re not careful and it’s mismanaged it can lead to too much competition.

Randy Nichols moved to approve to sign the Letter of Support to Bourbon County for health care. Kevin Allen seconded. All voted aye.

approved to SIGN THE Letter of Support to Bourbon County for health care.

COMMISSION/STAFF:

  1. Director Updates: Sewer Project – Michael, Chad, Susan, Deb – Michael Mix updated the Commission on the proposed sewer rehabilitation project. He went through the outline that was in their agenda packet. Michael addressed his department and Chad’s department working together to do some sewer repairs in house. Deb reported on hiring City employees and issues that we have faced in the past. Discussion was held regarding local contractors and if they would be interested in doing this type of work. Michael said that he would need a decision from them soon. He said he viewed the website that Matthew Wells shared and it does not pertain to our system.

Pete Allen asked for a work session to develop a plan to give direction to the City Manager and Staff. We need to develop a vision. He would like to have it immediately and have the Commission polled to see when they could meet.

Pete Allen made a motion to hold a work session to develop a vision and a plan for our sewer system and for the City Clerk to poll the Commission and determine a date. Kevin Allen seconded. All voted aye.

APPROVED TO HOLD A WORK SESSION TO DEVELOP A VISION AND A PLAN FOR OUR SEWER SYSTEM.

B. City Commission:

Kevin Allen Nothing to report.

Lindsey Watts – Lindsey asked the Commission if they would consider moving the March 3rd City Commission meeting to the following week March 10th as she has a conflict with the March 3rd date.

Randy Nichols moved to move the March 3rd, 2020 meeting to March 10th, 2020. Kevin Allen seconded. All voted aye.

MOVED MARCH 3RD, 2020 MEETING TO MARCH 10TH, 2020.

Pete AllenPete passed out a picture of a house south of the High School on Scott Avenue that has some codes violations.

City Manager will have this looked into.

Pete asked about the building at 118 E. Wall Street which is a three story building. He said that it is bulging in front and shared photos of it.

Robert Uhler said that the City is aware of this structure and is working on it.

JoLynne Mitchell Not present.

Randy Nichols Nothing to report.

  1. City Manager: Nothing to report.

ADJOURNMENT:

Lindsey Watts moved to adjourn the meeting at 8:48 p.m. Randy Nichols seconded. All voted aye.

ADJOURNED MEETING AT 8:48 P.M.

The next regularly scheduled meeting is to be held on February 18th, 2020 at 6:00 p.m.

RECORDED BY:

DIANE K. CLAY

CITY CLERK

Fort Scott City Commission Agenda for Feb. 18

AGENDA

FORT SCOTT CITY COMMISSION

FORT SCOTT CITY HALL

COMMISSION ROOM

123 SOUTH MAIN

FEBRUARY 18, 2020

6:00 P.M.

I. ROLL CALL:

K. ALLEN P. ALLEN NICHOLS WATTS MITCHELL

II. FLAG SALUTE

III. INVOCATION: Gene Payne

IV. PROCLAMATIONS/RECOGNITIONS: Recognition of Bourbon County EMS Crew and Fort Scott Fire Department

V. CONSENT AGENDA:

  1. Approval of minutes of the regular meeting of February 4th, 2020 and special meeting of February 14th, 2020.

  1. Approval of Appropriation Ordinance 1257-A totaling $738,540.82.

  1. Approval of Ace Pipe Cleaning Invoice – $37,430 (pulled from last meeting) (5% retainage for work to be completed)

  1. Request to Pay #6 – Crossland Heavy Construction – $165,086.25 – River Intake Structure

  1. Change Proposal Request #7 – Crossland Construction – $9,671.00 – River Intake Structure

  1. Change Proposal Request #9 – Crossland Construction – River Intake Structure – No monetary change

  1. Approval of Lauber Municipal Law, LLC Invoice – $8,872.50

  1. Consideration of Ace Pipe Cleaning Invoice – $65,756.15 – (5% retainage for work to be completed)

  1. Approval of Resolution No. 7-2020 – 2020 Kansas Pride Program Entrant

  1. Approval of 3RK – Certificate of Pay Request #1 – MIH Housing Grant – $39,667.89.

VI. APPEARANCE/COMMENTS/PUBLIC HEARING:

  1. APPEARANCE:

Ralph Carlson – Consideration of Tree Program

Seth Needham, Gunn Park Improvements

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

C. PUBLIC HEARINGS/COMMENTS:

VII. CONSIDERATION:

  1. Discussion of roof at 123 S. National – Shiney Studio

  1. Update on 421 W. 5th Street

  1. Consideration of Fort Scott Chamber Membership Dues

  1. Replacement of submersible mixer for Wastewater Treatment Plant facility

  1. Consideration of Acceptance of Grant Agreement 20-PF-005 – Approval of Ladder Truck Purchase

  1. Review of City of Fort Scott Purchasing Policy

VIII. COMMENTS:

  1. Director Updates: Susan Bancroft

Deb Needleman

  1. Commission:
  1. City Manager:

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

Agenda for FSCC Trustees Meeting Feb. 17

The Board of Trustees of Fort Scott Community College will meet in regular session on Monday, February 17, 2020.

The meeting will be held in the Heritage Room at Fort Scott Community College.
5:00 p.m. Dinner in the Heritage Room at 5:00 p.m. followed by regular board meeting at 5:30 p.m.
THE AGENDA
5:00 DINNER
5:30 ROLL CALL, 3
PLEDGE OF ALLEGIANCE
CALL TO ORDER, 4
A. Comments from the Chair, 4
B. Softball Update, 4
CONSENT AGENDA, 5
A. Approval of Agenda, 5
B. Approval of Minutes of previous Regular Board Meeting conducted on January 27, 2020, 6
C. Approval of Treasurer’s Report, Bills, and Claims, 8
D. Approval of Personnel Actions, 5
ACTION/DISCUSSION ITEMS, 55
A. Consideration of 2020-2021 Tuition and Fees, 55
REPORTS, 61
A. Administrative Updates, 61
EXECUTIVE SESSION, 76
ADJOURNMENT, 77

1
UPCOMING CALENDAR DATES:
• February 17, 2020: Board Meeting
• March 16, 2020: Board Meeting
• March 23, – 27, 2020: Spring Break – Campus Closed
• April 3, 2020: Aggie Day
• April 10, 2020: Good Friday – Campus Closed
• April 20, 2020: Board Meeting
• May 11 – 14, 2020: Final Exams
• May 15, 2020: Graduation
• May 18, 2020: Board Meeting
• May 25, 2020: Memorial Day – Campus Closed
• June 15, 2020: Board Meeting
Sincerely,
John Bartelsmeyer, Chair
Alysia Johnston, President

FSCC’s vision for the future is to support “Students First, Community Always” through a central focus on teaching and learning; advancing strong, innovative programs and
departments; maximizing and leveraging opportunities; initiating efficient and effective processes; and developing the region’s workforce.

2
ROLL CALL
_____ John Bartelsmeyer
_____ Jim Fewins
_____ Dave Elliott
_____ Kirk Hart
_____ Bill Meyer
_____ Robert Nelson

3
CALL TO ORDER
A. COMMENTS FROM THE CHAIR
B. SOFTBALL UPDATE

4
CONSENT AGENDA
A. APPROVAL OF AGENDA
B. APPROVAL OF MINUTES OF PREVIOUS MEETINGS
1) Attached are the minutes of the Regular Board Meeting conducted on January
27, 2020.
C. APPROVAL OF TREASURER’S REPORT, BILLS and CLAIMS
Attached are the Treasurer’s Report and the Bills and Claims Report.
D. APPROVAL OF PERSONNEL ACTIONS
1) Additions
a) William Henry, Assistant Football Coach, effective January 20, 2020
b) Ricardo “Amir” Gant, Assistant Football Coach, effective January 24, 2020
c) Susan Benson, CAMP/SSC/TRIO Tutor, effective February 18, 2020
2) Separations
a) Dustin Johnson, Assistant Football Coach, effective February 7, 2020
b) Ronda Bailey, Instructor, effective May 15, 2020
c) Art Houser, Instructor, effective May 15, 2020
d) Larry Shead, Instructor, effective May 15, 2020
RECOMMENDATION: It is recommended that the Consent Agenda items be approved as presented.
BOARD ACTION: MOTION _____ SECOND _____ VOTE _____
DISCUSSION:
VOTE: Bartelsmeyer Elliott Fewins
Hart Meyer Nelson