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Government, Kansas

Senator Hilderbrand’s Weekly Communication

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March 15, 2019∙ Week Nine
HARD FACTS
·      In January, the unemployment rate increased to 3.4 percent from December’s 3.3 percent. In January 2018, unemployment was at 3.5 percent (Kansas Department of Labor).
·      The Kansas labor force expanded by 1,300 in January. The number of unemployed escalated by 930 (Topeka Capital-Journal).
·      The five-county Topeka and Wichita areas had an unemployment rate in January of 4.1 percent. In Johnson County and four nearby counties, unemployment was at 3.7 percent. The Douglas County and Riley County reports showed an unemployment rate of 3.6 percent (Topeka Capital-Journal).
We had the honor of recognizing the Kansas American Legionnaires at the State Capitol. Thank you Legionnaires Carl and Myra Jowers representing Fort Scott Thompson-Harkey Post 25, for making the trip to Topeka!
Many of us have “learn a new language” on our to-do list. With Mango Languages, you can learn right from your own computer (or smartphone!). This online language learning service https://kslib.info/Mango provided by the State Library is easy to use. Choose from 71 languages such as Spanish, French, Mandarin, Japanese- even Swahili. Mango uses real life situations and conversations to more effectively teach a new language. Mango also includes 19 English as a second language options. Use as a Guest or register to track your progress (and for smartphone use).
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: [email protected] or 785-296-3296. To see all the State Library’s online resources, visit https://kslib.info/databases.
Congratulations to ArtForms Gallery in Pittsburg for winning the 2019 SBDC PSU Emerging Business award!
Thank you Sue Horner, Janet Lewis, Ruth Miller, and Sylvia Shirley for taking the time to visit with me after the ceremony!
FLOOR ACTION
CEMETERY DISTRICT TERRITORY VALLEY CENTER (SB 155): Senate Bill 155 would de-annex all of Valley Center territory within the Hillside Cemetery District, located in Sedgwick and Harvey counties, from the cemetery district, effective June 30, 2020. After July 1, 2020, any territory annexed by the City of Valley Center located within the Hillside Cemetery District would be excluded from the cemetery district upon annexation. This bill was passed and placed on the Consent Calendar 38-0.
SALE OF PROPERTY IN DOUGLAS COUNTY (SB 173): Senate Bill 173 would authorize the State Board of Regents to sell the Old father Studios in Douglas County on behalf of the University of Kansas. The proceeds from the sale deposited to the restricted use account of the University of Kansas to be used for deferred maintenance. The bill would require the deeds, titles, and conveyances be reviewed and approved by the attorney general. This bill was passed and placed on the Consent Calendar 38-0.
STATE USE LAW EXTENTION (HB 2174): House Bill 2174 extends the sunset date for the State Use Law Committee which is organized within the Department of Administration, from July 1, 2019 to July 1, 2024. This bill was passed and placed on the Consent Calendar 38-0.
TEMPORARY PERMITS FOR THE SELLING AND SERVING OF ALCOHOLIC LIQUOR (SB 70): Senate Bill 70 modifies and consolidates laws concerning temporary permits to serve liquor for consumption on premises. The bill would codify several Kansas Alcoholic Beverage Control Division rules and regulations into statute. The bill would repeal KSA 2018 Supp. 41-347 and KSA2018 Supp. 41-2645 but would retain most of the provisions of these statutes in new law. This bill passed the Senate 38-0.
CONSTITUTIONAL AMENDMENT DELETING REQUIREMENT FOR ADJUSTMENT OF CENSUS DATA (SCR 1605): Senate Concurrent Resolution1605 removes the census adjustment requirement in the Kansas Constitution for military personnel and students. Currently, the state is required to contact every college student and member of the military who resides in Kansas to determine official residence. The census adjustment will ask ‘what is your permanent residence’, then adjusts the official census numbers accordingly based on that answer. This adjustment is only used for reapportionment of Kansas Senate districts, Kansas House of Representatives districts, and State Board of Education districts. During the 2010 adjustment, approximately 13,000 individuals were subtracted from U.S. Census bureau numbers because they told the State of Kansas, they considered themselves to be a resident of another state.
If SCR1605 does not pass, the Secretary of State’s office anticipates needing $834,000 in state general funds to cover the costs of the adjustment as part of the 2020 Census. In addition to state savings, SCR1605 has the benefit of allowing for expedited redistricting. On average, it takes three to six months after official U.S. Census data is provided to Kansas to complete the adjustment and provide redistricting data to the Kansas Legislature. Historically, Kansas has been among the last states to complete its reapportionment requirements and SCR 1605 provides the Legislature with additional time to complete redistricting. This resolution passed the Senate 40-0.
EMERGENCY MEDICAL SERVICES-RELATED STATUTES (SB 99): Senate Bill 99 creates the designation of inactive certificate, authorizing the Board to issue an inactive certificate to persons currently certified by the Board who make a written application on a Board form and pay the corresponding fee. Such inactive certificates could only be issued to persons who are not directly providing emergency medical services (EMS) in the state and are not presenting themselves to the public as providing EMS. A holder of an inactive certificate would not be allowed to engage in the practice of EMS. Inactive certificate holders could apply for an active certificate by filing a written application on a form prepared by the Board and by paying the corresponding fee. The Board would have the authority to require additional testing, training, or education as deemed necessary to establish the inactive certificate holder’s ability to engage in the provision of EMS with reasonable skill and safety. This bill passed the Senate 36-2(I voted against this bill. I had some concerns with the state mandating fingerprinting, and then making the EMS personnel pay for it.).
This week I had the opportunity to introduce Dr. Jim Triplett, Erin Kruse, Charlie Beetch, and Cecily Stephens in the Senate. They were in the Capitol representing PSU’s Sustainability program. PSU is the only University in the Kansas regents system that offers this 4-year baccalaureate degree.
HOUSE PROTECTIONS FOR VICTIMS OF DOMESTIC VIOLENCE, SEXUAL ASSAULT, HUMAN TRAFFICKING OR STALKING (SB 150): Senate Bill 150 creates law prohibiting certain actions from being taken against a tenant, lessee, or applicant for a lease because such person has been or is in imminent danger of becoming a victim of domestic violence, sexual assault, human trafficking, or stalking. A tenant or lessee could not be evicted from the premises or found to be in violation of a rental or lease agreement based on or as a direct result of the circumstances, if the tenant or lessee otherwise qualifies for tenancy or occupancy. A tenant or lessee would not be liable for rent for the period after vacating rented or leased premises if the tenant or lessee is in the circumstances and notifies the landlord or property owner in accordance with provisions set forth in the bill. In an action brought against a tenant or lessee under Kansas law seeking recovery of rent, the tenant or lessee would have an affirmative defense and no liability for rent for the period after vacating the premises if, by preponderance of the evidence, the court finds the tenant or lessee was in the circumstances described above and provided the required notice.
An applicant, tenant, or lessee would qualify for the protections of the bill if the applicant, tenant, or lessee provides a statement regarding the circumstances to the landlord or property owner, who could also request the applicant, tenant, or lessee provide additional documentation specified by the bill. Such documentation could include a document signed by the victim and any one of various specified professionals or providers from whom the victim sought assistance, declaring under penalty of perjury the individual believes the qualifying circumstances exist, or a record pertaining to the alleged qualifying circumstances from a court or federal, state, or local law enforcement agency, including a police report. The submission of false information by an applicant, tenant, or lessee would be a basis for denial of tenancy, eviction, or violation of a rental or lease agreement. A landlord or property owner could impose a reasonable termination fee, not to exceed one month’s rent, on a tenant or lessee requesting termination pursuant to the bill before the expiration date of the lease, but only if such fee is contained in the terms of the rental or lease agreement. This bill passed the Senate 40-0(I was a co-sponsor of this bill).
AUTHORIZING A STUDY OF RETAIL RATES OF KANSAS ELECRIC RATES (Sub SB 69): Substitute for Senate Bill 69 authorizes an independent $1 million study of retail rates charged by public utilities. The bill requires the Legislative Coordinating Council (LCC), a bipartisan group of House and Senate leaders, to select a firm or organization to perform the study which is scheduled to be completed in 2020. The Kansas Corporation Commission (KCC), the state’s utility regulator, would have to cooperate with the organization hired to conduct the study. Sub SB 69 requires the study to be paid for by utility companies.
This legislation was created in response to Kansas having some of the highest utility rates in the region and is intended to provide information to the Legislature in order to protect ratepayers.
The initial phase of the study will examine whether the current rate-setting process influenced utility capital investments, balanced utility profits and public-interest objectives, expenditures in transmission and renewable energy resources, and examine the regional competitiveness of Kansas’ rates.
The second phase will explore how electric public utilities accounted for installation of charging stations for electric vehicles, how investment in transmission infrastructure influenced utility rates and the impact of electric rates on economic development. This bill passed the Senate 38-1(I voted in favor of this bill).
$90 MILLION SCHOOL FUNDING INFLATION PLAN (SB 142): Senate Bill 142 appropriates funds to the K-12 base aid for FY 2020 and FY 2021. The legislation supplements the state’s $525 million, five-year investment that passed last year, with a series of additional $90 million bonuses during the next four years. SB 142 was crafted to comply with the Kansas Supreme Court’s instructions to add an inflation adjustment. This bill passed the Senate 32-8(I voted in favor of this bill).
ALLOWING KANSANS TO BENEFIT FROM FEDERAL TAX REFORM (SB 22): Senate Bill 22 was originally introduced in response to the Tax Cuts & Jobs Act of 2017 and the revenue windfall Kansas is expected to receive because of federal tax reform. SB 22 addresses both individual and corporate taxes by decoupling state law from federal tax provisions. The bill will provide individuals with the ability to itemize when using the federal standard deduction on their tax return. SB 22 provides Kansans with the right to deduct interest on their mortgage, property taxes, and health care expenses. The bill also provides incentives for businesses to invest and create jobs in Kansas since it places Kansas on par with surrounding states that have already decoupled from federal law, increasing Kansas’ competitiveness.
If Senate Bill 22 does not get signed into law, businesses are expected to get hit with $137 million in state income taxes and individual taxpayers would pay an extra $50 million to the state.
After SB 22 passed the Senate on a vote of 26-14, it was then sent to the House of Representatives where two amendments were added before it passed the House on a vote of 76-43.
One amendment added by the House provided a one percentage point reduction in the state’s 6.5 percent sales tax on food. The food sales tax reduction is expected to provide a $43 million reduction in sales tax, beginning October 1st. The second amendment was an internet sales tax amendment that requires out-of-state vendors to pay sales tax. Online sales tax is expected to generate about $21 million annually. The Senate voted 24-16 to concur with House amendments(I voted in favor of this bill. I did not like the internet sales tax piece that the House put on this bill, and the fact we were not given a chance to remove it).
We had constituents from Spring River Mental Health and Wellness, as well as from Fort Scott Mental Health at the Capitol promoting mental health awareness in Kansas.
 NEXT WEEK
Monday –
·      Hearing on: SB 175, enacting the public employee right to choose act, providing public employees with the right of relief from the obligation to pay union dues through withholding of their wages – [Senate Commerce Committee; March 18 at 8:30 am]
·      Confirmation hearing on: Julie L. Lorenz, Secretary, Department of Transportation – [Senate Transportation Committee; March 18 at 8:30 am]
·      Hearing on: HB 2279, requiring law enforcement officers to provide information about timing of release from custody when an arrest is made following a domestic violence call – [Senate Judiciary Committee; March 18 at 10:30 am]
·      Hearing on: SB 211, requiring the attorney general to appoint a Kansas youth suicide prevention coordinator – [Senate Education Committee; March 18 at 1:30 pm]
Tuesday –
·      Hearing on: HB 2103, amending the revised Kansas code for care of children to provide requirements for placement of a child in a qualified residential treatment program – [Senate Public Health and Welfare Committee; March 19 at 9:30 am]
·      Hearing on: SB 220, licensure of professional occupations allowing certain persons with criminal or civil records that would otherwise disqualify such persons from licensure to receive a license; add state board of education to exempt agencies – [Senate Federal and State Affairs Committee; March 19 at 10:30 am]
·      Hearing on: SB 126, exemption from income tax for certain public utilities – [Senate Utilities Committee; March 19 at 1:30 pm]
Wednesday –
·      Confirmation hearing on: David Toland as Secretary of Kansas Department of Commerce – [Senate Commerce Committee; March 20 at 8:30 am]
·      Hearing on: SB 221, allowing clubs and drinking establishments to sell beer and cereal malt beverages for consumption off the licensed premises – [Senate Federal and State Affairs Committee; March 20 at 10:30 am]
·      Hearing on: HB 2038, revoking spousal inheritance rights upon divorce – [Senate Judiciary Committee; March 20 at 10:30 am]
Thursday –
·      Hearing on: HB 2211, allowing judges to waive or reduce driver’s license reinstatement fees – [Senate Judiciary Committee; March 21 at 10:30 am]
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.
Fort Scott, Government

Fort Scott Commission Minutes of March 5

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CITY OF FORT SCOTT

CITY COMMISSION MEETING

Minutes of March 5, 2019 Regular Meeting #4

The regular meeting of the Fort Scott City Commission was held March 5th, 2019 at 6:00 p.m. in the City Commission Room, 123 S. Main, Fort Scott, Kansas.

ROLL CALL:

Commissioners Adamson and Bartelsmeyer were present with Mayor Parker presiding. Commissioners Mitchell and Nichols were absent.

INVOCATION: Pastor Paul Martin, Community Christian Church, said a prayer asking God for guidance for the City, our Government and City officials.

AUDIENCE IN ATTENDANCE: Travis Shelton, Rhonda Dunn, Darrell Parker, Michael Mix, Paul Ballou, Robert Uhler, Dave Bruner, Chad Brown, Rachel Pruitt, Nick Ruhl, Bill Lemke, Michael Hoyt, Paul Martin, Sherry Beerbower, Travis Parker, Alex Swank, Chilia Swank, Brian L. Allen, Billy Keith, Max Fanning, Jeff Fischer, Jason Gorman, Dale Bollinger, Kevin Allen, Stewart Gulagher, Pat Wood, Clayton Miller, and representing the press, Jason Silvers with the Fort Scott Tribune.

PROCLAMATIONS/RECOGNITIONS: None

APPROVAL OF MINUTES AND APPROPRIATIONS/CONSENT AGENDA:

  1. Approval of minutes of the regular meeting of February 19th, 2019.

  1. Approval of Appropriation Ordinance 1233-A totaling $286,874.02.

Adamson moved the Consent Agenda. Bartelsmeyer seconded. All voted aye.

APPROVED CONSENT AGENDA.

APPEARANCE/COMMENTS/PUBLIC HEARING:

  1. APPEARANCE: None

B. CITIZEN COMMENTS (Concerning Items Not on Agenda – 3 minute

limit per citizen) – None

  1. PUBLIC HEARINGS:

Parker moved to open the Public Hearing at 6:15 p.m. Bartelsmeyer seconded. All voted aye.

OPENED PUBLIC HEARING AT 6:15 P.M.

6:15 p.m. Resolution 5-2019 directing the repair or removal of an alleged unsafe and dangerous structure located at 1612 E. Oak Street – Rhonda Dunn, Codes Director, informed the Commission that this house is owned by the Beerbower family and Sherry is here along with her contractor. Rhonda said has given them a list of items that need repaired on this rental house that they own. They need to replace the floors inside, the electrical, drywall, the kitchen, the plumbing and the roof. Some of these items have been repaired. She asked for 30 days to either repair or remove this structure.

Travis Parker, contractor for Sherry Beerbower, said that the weather has prohibited him from working on the roof, but he thinks 30 days is reasonable.

Adamson moved to give the property owner 30 days to either repair or replace this structure. Bartelsmeyer seconded. All voted aye.

APPROVED RESOLUTION NO. 5-2019 DIRECTING THE REPAIR OR REMOVAL OF AN UNSAFE AND DANGEROUS STRUCTURE LOCATED AT 1612 E. OAK. STRUCTURE MUST BE BROUGHT UP TO 2012 INTERNATIONAL BUILDING CODE BY APRIL 12TH, 2019 OR DEMOLITION PROCEEDINGS WILL BEGIN.

Parker moved to close the Public Hearing at 6:17 p.m. Adamson seconded. All voted aye.

CLOSED PUBLIC HEARING AT 6:17 P.M.

CONSIDERATION:

  1. Consideration of Resolution No. 6-2019 of the governing body of the City of Fort Scott determining the advisability of issuing Taxable Industrial Revenue Bonds for the purpose of financing the acquisition, reconstruction, remodeling, furnishing and equipment of a commercial facility located in said city and authorizing execution of related documents – Rachel Pruitt informed the Commission that this resolution is for a taxable Industrial Revenue Bond for the development of the building at Wall and National belonging to Jennifer LaRoche. This is just a pass through IRB and there is no financing involved. All the debt is with the LLC company. This IRB allows the development to take advantage of construction materials without paying sales tax. This is a $3,000,000 development.

City Attorney said that there is no exposure to the City. This just helps the developer with sales tax assistance.

Bartelsmeyer moved to approve Resolution No. 6-2019. Adamson seconded. All voted aye.

APPROVED RESOLUTION 6-2019 OF THE governing body of the City of Fort Scott determining the advisability of issuing Taxable Industrial Revenue Bonds for the purpose of financing the acquisition, reconstruction, remodeling, furnishing and equipment of a commercial facility located in said city and authorizing execution of related documents – JENNI FROM THE BLOCK – WALL AND NATIONAL PROPERTY.

  1. Consideration of Ground Lease Bids for land at Wastewater Treatment Plant – Michael Mix, Water Utilities Director, informed the Commission that bids were taken for the lease of approximately 101 acres surrounding the Wastewater Treatment Plant. There were four bids received with the high bid from Phil and Joe Wimmer in the amount of $15,500. Approval was recommended.

Parker moved to approve the high bid from Phil & Joe Wimmer in the amount of $15,500 to farm the 101 acres at the Wastewater Treatment Plant. Bartelsmeyer seconded. All voted aye.

APPROVED THE HIGH BID FROM PHIL & JOE WIMMER IN THE AMOUNT OF $15,500.00 TO FARM THE 101 ACRES SURROUNDING THE WASTEWATER TREATMENT PLANT.

  1. Consideration of quote for raw water testing for cryptosporidium – Michael Mix, Water Utilities Director, informed the Commission that EPA has mandated extra testing for cryptosporidium to assist with their regulations in the future. This is a non-funded mandate. There are only four laboratories that provide this service. He received quotes from three of the four laboratories and asked approval from the low quote of $11,680.00 from Analytical Services, Inc. of Williston, Vermont. This is budgeted.

Bartelsmeyer moved to approve the low quote from Analytical Services, Inc. in the amount of $11,680.00. Adamson seconded. All voted aye.

APPROVED LOW QUOTE FROM ANALYTICAL SERVICES, INC. OF WILLISTON, VERMONT IN THE AMOUNT OF $11,680.00 FOR CRYPTOSPORIDIUM TESTING.

  1. Consideration of Bids for Leak Noise Correlator – Bill Lemke, Water Distribution Supervisor, informed the Commission that after their approval, bids were taken to purchase a leak noise correlator. This piece of equipment will be used to determine water leaks. There were eight bids received. The two low bids did not meet specifications. He asked approval for the next low bid from Subsurface Instruments from DePere, Illinois in the amount of $22,100. This is a budgeted item.

Adamson moved to approve the bid from Subsurface Instruments in the amount of $22,100. Parker seconded. All voted aye.

APPROVED BID FROM SUBSURFACE INSTRUMENTS OF DEPERE, ILLINOIS IN THE AMOUNT OF $22,100 FOR THE PURCHASE OF A LEAK NOISE CORRELATOR.

COMMISSION/STAFF:

  1. Director Updates:

Health Care Update – Dave Martin, City Manager, informed the Commission that the City is very fortunate that VIA Christi and CHC both stepped in to provide health care in our community. He has heard good things about both health care providers since they have started providing services.

EMS Update – Dave Bruner, Deputy Fire Chief, informed the Commission that in February there were 166 calls for service with 107 transfers. This included the down time with no emergency room services. EMS is back to doing long distance transfers. The new transit ambulance vehicles are being detailed and will arrive this week. They are renovating the ambulance building and have assistance from some of the inmates. Last week, Bourbon County EMS had their State inspection and all went well. This inspection is good until April 2020.

Waggoner Engineering – Robert Uhler, Community Development Director, informed the Commission that in October of 2018, Waggoner Engineering partnered with Bedco to develop the Strategic Implementation Plan. The actual project started in December of 2018 with a review of all City planning documents, an in person visit and a working session with each director. In January and February of 2019, the preparation of the written strategic implementation plan began. Next week, Rachel Pruitt, Larry Gazaway, and himself will be going to Washington, D.C. to visit with federal legislators regarding Fort Scott.

Fire Truck Purchase – Rhonda Dunn, Director of Finance, informed the Commission on the debt of the City and gave them each a sheet showing the General Obligation Debt and the time frame for each debt.

Pool/Buck Run ½ cent Sales Tax – Rhonda gave the Commission a break down on the ½ cent sales tax that was approved back in 2011 for the renovation of the aquatic center and Buck Run. The original debt was $3,900,000. The remaining debt is $1,305,000 and this will be paid off in October of 2021. The 10 year project shows tax revenue of $6,871,637; debt total $4,277,708; operating cost $2,318,333; and surplus from project $275,596.

Sales Tax Update – Rhonda shared a break down on sales from 2015 to 2019. The annual sales tax collection has increased more than 7% since 2015. The economy and sales are good which has helped keep the mill levy down over the years.

Commissioner Bartelsmeyer said this shows how important it is to buy locally.

EMS Budget – Rhonda said that a public hearing will be held at the March 19th, 2019 meeting to establish the EMS budget. The notice will be published in tomorrow’s paper.

Flag at Skubitz Plaza – Rhonda said that US Cellular had approached the City about putting a cell tower up in the downtown area and they would like to install these though a flag pole. There has been some opposition about the location in Skubitz Plaza. A new location is being determined at this time and it will not be put up in Skubitz Plaza.

  1. City Commission:

Bartelsmeyer – Thanked the audience for attending the meeting tonight.

Adamson – Thanked Diane and the girls in the water office for their assistance when she calls them.

Nichols – Not present.

Mitchell – Not present.

Parker – Thanked the audience also for attending.

C. City Attorney: Bob Farmer read from a prepared letter he gave to the City Commission: “It has been a pleasure and a privilege serving as the Fort Scott City Attorney. It is one of the most rewarding positions of my life. It is with a heavy heart that I am writing this letter to notify you that I am tendering a resignation to be effective March 30, 2019.” He said that he is not leaving his law firm and will still be around to answer questions.

  1. City Manager: Dave said that it has been a privilege to work with Bob Farmer all these years.

ADJOURNMENT: Bartelsmeyer moved to adjourn the meeting at 6:44 p.m. Adamson seconded. All voted aye.

ADJOURNED MEETING AT 6:44 P.M.

The next regularly scheduled meeting is to be held on March 19th, 2019 at 6:00 p.m.

RECORDED BY:

DIANE K. CLAY

CITY CLERK

Fort Scott, Government

Fort Scott City Commission Agenda for March 19

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AGENDA

FORT SCOTT CITY COMMISSION

FORT SCOTT CITY HALL

COMMISSION ROOM

123 SOUTH MAIN

MARCH 19, 2019

6:00

I. ROLL CALL:

ADAMSON BARTELSMEYER MITCHELL NICHOLS PARKER

II. FLAG SALUTE

III. INVOCATION: To be Announced

IV. PROCLAMATIONS/RECOGNITIONS: Triple AAA Award

V. CONSENT AGENDA:

  1. Approval of minutes of the regular meeting of March 5th, 2019.

  1. Approval of Appropriation Ordinance 1234-A totaling $340,436.350.

VI. APPEARANCE/COMMENTS/PUBLIC HEARING:

  1. APPEARANCE: Bert Lewis – 2019 Prom – Street Closing and Parking Lot Request- April 13, 2019

B. CITIZEN COMMENTS (Concerning Items Not on Agenda – 3 minute limit per citizen)

C. PUBLIC HEARINGS/COMMENTS:

6:00 p.m. Budget Amendment Public Hearing

VII. CONSIDERATION:

  1. Consideration of Conditional Use Permit to allow residential living on the 1st floor at the property at 18-20-22 South Main Street

  1. Consideration of Engineering Firm to conduct energy audit

  1. Request of installation of street light at 1st & Goodlander

  1. Consideration of amendment of Cereal Malt Beverage Ordinance to change from 3.2 to 6.0

VIII. COMMENTS:

  1. Director Updates:

Health Care Update – Dave Martin

EMS Update – Dave Bruner

Legislative Report – Robert Uhler

Fire Truck/Finance Discussion – Rhonda and Rachel

  1. Commission:
  1. City Attorney:
  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

IX. MOTION FOR ADJOURNMENT: ROLL CALL

Government, Health Care, Kansas

Horton Hospital Closes: Governor Sends Help

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Governor comments on Horton Community Hospital closure, sends agency assistance

Following the closure Tuesday of Horton Community Hospital, Governor Laura Kelly extended assistance from her administration and highlighted the critical importance of community hospitals in rural Kansas.

“I’m concerned for the community of Horton as they face the serious loss of their local hospital,” Kelly said. “This is becoming a far too frequent occurrence in our state. Local hospitals are key to the health of Kansas families and are often one of the largest employers in a small town. Elected leaders must work together to do more to support our local hospitals.”

Three rural hospitals have closed in the last three months. Mercy Hospital in Fort Scott closed on December 31st. Oswego Community Hospital closed in February. And Horton Community Hospital closed its doors Tuesday.

“I’ve directed our agencies to coordinate support for hospital staff during this challenging time,” Kelly said. “A closure of a hospital has ripple effects through the community and region. Our KANSASWORKS team will be in Horton Thursday to assist hospital staff with filing for unemployment benefits, as well as job applications and re-employment services.”

The Governor’s Office, Kansas Department of Commerce and Kansas Department of Labor are working to provide support to employees of the hospital, ensure unemployment benefits applications are streamlined, and re-employment opportunities are available.

In response to Tuesday’s closure, KANSASWORKS will be hosting Rapid Response Informational Meetings Thursday in Horton in conjunction with the Community Outreach Event at the Horton Public Library.

Efforts to assist affected hospital employees will include Rapid Response Informational Meetings at 1 p.m., 2 p.m. and 3 p.m. Thursday at the Horton Public Library, 809 1st Ave E. No registration is required. Information will be shared about KANSASWORKS, Workforce Center employment and training services and how to file unemployment insurance benefits.

Also, the KANSASWORKS Mobile Workforce Center will be at the Horton Public Library from 1 p.m. to 4 p.m. Thursday to provide additional re-employment services. Workforce Center staff will be available to help with registering on KANSASWORKS.com, creating a resumé, job search assistance and filling out job applications.

The Rapid Response team was also sent to Oswego following the closure of its hospital last month.

Any questions about KANSASWORKS should be directed to the Department of Commerce:

Government, Kansas

Senator Caryn Tyson’s Weekly Communication March 12

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The halfway point in the 2019 legislative session is officially passed so all of the work in the eighth week of session was in committees. 

Kansas Toll Roads, 236 miles of highway, are managed by the Kansas Turnpike Authority (KTA).  In 2015 there was a push to get rid of the tolls.  It was not successful but a law was passed requiring the Kansas Department of Transportation (KDOT) and KTA to “achieve the maximum coordination in planning, development and operation of the highway systems in this state”.  I supported that legislation and it has helped create efficiencies according to the Interim Secretary of KDOT.  The KS turnpike was built from 1954 to 1956 and has been collecting tolls ever since.  The initial $160 million bond was paid off in 1994.  Since then KTA has issued over $200 million in bonds and over $140 million in interest.  Estimates are it will not be paid off until 2040. 

A bill brought to the Senate Transportation Committee would allow some roads in Kansas to be funded by tolls.  The Interim Secretary of KDOT stressed that local input would be a factor as to where toll roads would be implemented.  The KTA collects over $100 million a year in tolls to support the turnpike.  Are toll roads the answer to supporting Kansas highway infrastructure?  I understand the need for safe infrastructure and it being one of the main functions of government.  My record demonstrates this by voting NO on bills that took money from KDOT projects.  The Dwight D. Eisenhower National System of Interstate and Defense Highways, i.e. the Interstate Highway, did not allow tolls except in some cases.  Tolls are allowed on the KS turnpike because it was established before and grandfathered into the Interstate.    

Kansas Taxes, Exemptions, and Credits were discussed in the Senate Tax Committee.  Kansas taxpayers paid over $15.2 billion to support state and local governments in 2018.  The largest portion of this was property tax at $4.9 billion.  Less than 2% of property taxes in Kansas fund state government.  The rest, over $4.8 billion, funds local governments and schools.  Sales and use tax  was more than $4.4 billion and income tax was over $3.8 billion.  The rest came from other taxes such as vehicle registration, liquor, beer, cigarette, tobacco, transient guest, and other taxes.  The $15.2 billion is an increase from $13.3 billion in 2015.  Almost a $2 billion increase in three years!  This is not sustainable. 

Kansas Public Employees Retirement System (KPERS) SB 9, requiring a missed state payment into KPERS be paid, was signed into law by the Governor.  Research reported the delay of payment cost around $24,000 a day, for a total payment plus interest of $115 million.  The Governor let the bill sit on her desk 9 days before signing it on the 10th day.  Can you imagine letting a bill sit on your desk knowing it was costing almost $24,000 a day?  The practice of delayed payments started in previous administrations.  I do not support this practice under ANY administration. 

 

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

Government, Kansas

Senator Hilderbrand’s Weekly Newsletter March 8

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March 8, 2019∙ Week Eight
HARD FACTS
·      Kansas received $377.7 million in General Fund Receipts for February, $34.3 million over the estimate. General fund receipts for the fiscal year are down $5 million (Kansas Department of Revenue).
·      The U.S. economy added 20,000 jobs in February, far below analysts’ prediction of 180,000 jobs (The Hill).
Kansas Talking Books Week is March 4-8
The Kansas Talking Books program, a division of the State Library of Kansas, provides library materials in a specialized format to any Kansas resident with a visual or physical impairment that makes reading difficult. This no-charge service includes fiction and nonfiction in braille or audio format, magazines in braille or audio, plus descriptive videos. A simple application is available at https://kslib.info/talking-books. A signature from a certifying authority such as a medical doctor, optometrist, or librarian is needed. If you or someone you know would like information, please visit the Kansas Talking Books website https://kslib.info/talking-books or call 620-341-6280 or 1-800-362-0699.
GOVERNOR KELLY CABINET APPOINTMENTS
On day 37 of a 90-day session, Governor Kelly finally submitted four of her acting Cabinet secretaries for Senate confirmation. The Senate read in the Cabinet secretaries on Wednesday to send to committees for screening and consideration. Once committees have held hearings on the appointment, they will then be forwarded to the full Senate for a vote.
Current Appointments submitted include:
Commerce Secretary – David Toland
Transportation Secretary – Julie Lorenz
Secretary of Health and Environment – Lee Norman
Secretary of Revenue – Mark Burghart
SENATE BILL 22 PASSES THE HOUSE
On Friday, the Kansas House of Representatives passed Senate Bill 22 with a vote of 76-43. Senate Bill 22 originally passed the Senate and was created in response to federal tax reform. The legislation was created to return the unexpected windfall from the Trump tax cuts back to taxpayers while allowing Kansans to deduct interest on their mortgage, property taxes, and health care expenses through decoupling with federal law. The bill also provides Kansas businesses with the full benefits of federal tax breaks on foreign income, allowing Kansas to remain competitive with neighboring states who have already done this.
The House added two amendments to Senate Bill 22. They included a 1 percentage point reduction in the state’s 6.5 percent sales tax on food. The House also included an internet sales tax amendment that would require out-of-state online retailers to pay sales tax which they have not been required to do in the past.
The Senate will have the opportunity to concur with the House’s adjustments or engage in compromises during conference committees.
GOVERNOR KELLY SIGNS SENATE BILL 9 INTO LAW
On Friday morning, Governor Laura Kelly signed Senate Bill 9 into law. Senate Bill 9 allocates $115 million from the state general fund to the school group of the Kansas Public Retirement System (KPERS). The $115 million pays back a previously missed KPERS payment, bringing the funding ratio to the highest point it has been in 25 years. The school group of KPERS has had the lowest funding ratio, at 61.6 percent, well below the total KPERS funding ratio which is 68.4 percent. I was proud to have been a co-sponsor for this bill.
Senate Bill 9 passed both the Senate and House unanimously.
HEALTH EFFECTS OF E-CIGARETTE USE
The Kansas Health Institute recently published an issue brief on the dangers of e-cigarette use. The Rising Use of E-Cigarettes in the U.S. and Kansas Sparks Concern: Federal, State, and Local Regulatory Actions, highlights the increased use of e-cigarettes among teenagers and adults as well as regulatory actions at the federal, state, and local levels.
Electronic cigarettes, commonly known as e-cigarettes, are battery-powered devices that provide nicotine and other additives to the user in the form of aerosol. This usage is referred as “vaping,” and entered the market in 2007.
A 2018 report by the National Academies of Science, Engineering, and Medicine (NASEM) concluded there is substantial evidence that e-cigarettes usage increases the risk of using conventional cigarettes among youth and young adults. Evidence has shown that most e-cigarette products contain and emit numerous potentially toxic substances and short-term exposure can cause health issues.
 NEXT WEEK
Monday –
·      Hearing on: HB 2006, requiring the department of commerce to create a database of economic development incentive program information – [Senate Commerce Committee; March 11 at 8:30 am]
Tuesday –
·      Hearing on: SB 189, providing for an increase in registration fees for electric and hybrid vehicles – [Senate Transportation Committee; March 12 at 8:30 am]
·      Hearing on: SB 174, exempting all social security benefits from Kansas income tax – [Senate Assessment and Taxation Committee; March 12 at 9:30 am]
·      Confirmation hearing on: Dr. Lee Norman, Secretary, Kansas Department of Health & Environment – [Senate Public Health and Welfare Committee; March 12 at 9:30 am]
Wednesday –
·      Hearing on: HB 2167, establishing a system for the transfer of certain deer hunting permits to nonresidents – [Senate Agriculture and Natural Resources Committee; March 13 at 8:30 am]
·      Hearing on: SB 218, requiring a duly ordained minister of religion to report certain abuse and neglect of children – [Senate Federal and State Affairs Committee; March 13 at 10:30 am]
Thursday –
·      Hearing on: SB 113, providing for the legal use of medical cannabis – [Senate Public Health and Welfare Committee; March 14 at 9:30 am]
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.
Bourbon County, Government

Bourbon County Commission Agenda March 12

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Agenda

Bourbon County Commission Room

1st Floor, County Courthouse

210 S. National Avenue

Fort Scott, KS 66701

Tuesdays starting at 9:00

Date: March 12th, 2019

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

10:00-10:30-Peer review regarding HVAC system at Law Enforcement Facility

10:30-11:00-Jody Hoener-Executive Session

11:00-12:00-Justin Meeks

Executive Session- Attorney Client Privilege-15 min.

Executive Session-Personnel matters of individual non-elected personnel-25 min.

Tax Sale-15 min.

12:00-1:30-Commissioners gone to lunch

Justifications for Executive Session:

          Personnel matters of individual 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(s) 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

          Matters relating to the security of a public body or agency, public building or facility or the information system of a public body or agency, if the discussion of such matters at an open meeting would jeopardize the security of such public body, agency, building, facility or information system

Bourbon County, Government

Work Continues On 69 Hwy.

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Workers were busy on Wednesday morning at the Cavalry Road intersection with U.S. 69, south of Fort Scott.

Starting tomorrow, March 8, two more side road intersections with U.S. 69 Hwy. will be closed for reconstruction south of Fort Scott.

This is part of the expanding to four-lanes project of the  national highway in Bourbon County.

On Friday, weather permitting, the Kansas Department of Transportation (KDOT) plans to close the Fern Road and Deer Road intersections on the west side of the U.S. 69. The two intersections will be reconstructed during the month-long closures, according to Priscilla Petersen, Public Affairs Manager for the Southeast District Office of the Kansas Department of Transportation.

Fern Road where it intersects with U.S. Hwy. 69, will be closed for a month of reconstruction.

Birch Road won’t be reopened until late May 2019, Petersen said. “The U.S. 69 southbound lanes are closed beyond the Birch Road intersection, and the placement of traffic control devices plus the temporary crossover between the new and existing lanes creates line-of-sight and visibility issues for drivers.”

Birch Road at the intersection with U.S. 69 on March 6.

“The Bourbon County U.S. 69 expansion project should be open to four-lane unrestricted traffic by late May or early June, conditions permitting,” Petersen said.

Next in line for expansion is the 11 miles in Crawford County of Hwy. 69.

“The U.S. 69 expansion projects in Crawford County are the six-mile Arma Connection Expressway and the five-mile Crawford County expansion,” Petersen said. “The Arma Connection is tentatively scheduled to be let in the fall of 2019, with construction starting in the winter of 2019 or early in 2020. The Crawford County Expansion is tentatively scheduled to let in the fall of 2020, with construction beginning in winter 2020 or early in 2021. Both projects would likely cover two construction seasons.”

Koss Construction of Topeka is the primary contractor on the U.S. 69 project, which has a construction cost of $21.8 million. Persons with questions may contact Darrin Petrowsky at KDOT-Iola, (620) 365-2161, or Priscilla Petersen at KDOT-Chanute, (620) 902-6433.

Bourbon County, Fort Scott Chamber of Commerce, Government

Legislative Update Coffee March 9

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Join us this Saturday, March 9th for a
Legislative Update Coffee
with
Kansas Senators
and
Click the links on the legislators’ names above to view the committees on which they serve and their voting records.
The Legislative Update Coffee will be held at The Empress Event Center,
7 N. Main St., Fort Scott,
from 9 a.m. to 10:30 a.m.
State legislators Senators Richard HilderbrandandCaryn Tyson will give an update on the current session as well as address any issues or questions presented from the audience.
If you have a particular item you would like to have addressed and plan to attend, you may email the Chamber at [email protected] by 5:00 p.m. Thursday, March 7th.
Coffee, juice & light refreshments will be served. Tell your friends – all are welcome!
Thank you to our sponsors:
Bourbon County Democrats
Bourbon County Republicans
Government, Kansas

Legislative Update By State Senator Caryn Tyson

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Caryn Tyson

 

March 1, 2019

Turnaround is the halfway point in the legislative session.  It is a point when bills die that have not passed the originating chamber or have not been in an exempt committee.  The Senate exempt committees are Federal & State Affairs, Tax, and Ways & Means.  Generally, there is a major push to work as many bills as possible before the turnaround.  My first year in the legislature we worked long hours for several days, including 24 hours the last day before turnaround. This year was much different.  We worked several bills and then Senate leadership decided to take off the last day before turnaround.  Needless to say, it was disappointing.  While I appreciate the meticulous pace in working legislation, we could have worked another day on the floor and completed more of the State’s business.

Taking an approved Motor Vehicle Accident Prevention Course will qualify most drivers for a reduction in their motor vehicle insurance.  Some insurance companies offer as much as a 10% discount.  The course must be completed every three years.  Currently, an online course takes four hours to complete, while an in-person course takes eight hours to complete.  Senate Bill (SB) 94 would make a course four hours, regardless if online or in-person.  The bill passed the Senate unanimously.

KS Department of Wildlife, Parks and Tourism (KDWPT) requested SB 49 that would remove the cap on cabin rentals owned and operated by KDWPT.  I did not support removing the cap and raised the question – should state government be in the business of competing with private sector lodging accommodations? The bill passed the Senate with 29 Yes and 11 No votes.

Eudora Community Library District  Act, SB 50, would allow the city of Eudora and the local township to continue to be a library district.  Eudora was a class 3 city that formed a library district with the local township.  However, Eudora became a class 2 city because of an increase in population, which forced a change in the library district.  This may not seem like important legislation but it is because most library districts are taxing authorities.  Statewide, Kansas libraries collect approximately $114 million a year in property taxes.  The new Eudora Library Board would first be appointed, not allowing voters an opportunity to select their representation.  While I support libraries, I am a stronger advocate for elected representation.  The bill passed  Yes 27 to No 12.  I voted No.

Law enforcement must obey the rules of the road as we do.  SB 34 would give law enforcement some leeway when the rules impede law-enforcement action.  The bill passed the Senate 34 Yes to 4 No.  I voted Yes.

Advance Ballot Signatures: SB 130 would require county election officers try to contact each voter who submits an advance ballot that is not signed or the signature does not match the signature on file, allowing the voter an opportunity to correct it before final canvass.  While I have concern as to the logistics, especially in larger counties, we need to make every attempt that all legal ballots are counted.  The bill passed the Senate unanimously.

There were many more bills debated and passed, too many to list here.  Many legislators support transparent government, myself included.  As a result of this effort committee meetings and daily sessions are available online.  Legislation and the meetings can be found at www.kslegislature.org.

 

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

Caryn

Bourbon County Local News