CITY OF FORT SCOTT

CITY COMMISSION MEETING

Minutes of November 6, 2018 Regular Meeting #21

The regular meeting of the Fort Scott City Commission was held November 6^th, 2018 at 6:00 p.m. in the City Commission Room, 123 S. Main, Fort Scott, Kansas.

ROLL CALL:

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

INVOCATION: Pastor Matthew Hunt, Faith Christian Center, said a prayer asking God for guidance for the City and all Government and City officials.

AUDIENCE IN ATTENDANCE: Janet Braun, Travis Shelton, Rhonda Dunn, Robert Uhler, Darrell Parker, Larry Gazaway, Dave Bruner, Paul Ballou, Deb Needleman, Christy Humerickhouse, Curtis Wondra, Elaine Buerge, Michael Mix, Matthew Hunt, Lori Smith, Kenny Howard, Ally Turvey, Jean Tucker, Don Tucker, Mark McKenney, and Clayton Miller, and representing the press, Jason Silvers, Fort Scott Tribune.

PROCLAMATIONS/RECOGNITIONS:

APPROVAL OF MINUTES AND APPROPRIATIONS/CONSENT AGENDA:

1. Approval of minutes of the regular meeting of October 16^th, 2018.

2. Approval of Appropriation Ordinance 1226-A totaling $467,651.58.

3. Parade Permit – Veteran’s Day Parade – November 10^th, 2018

Bartelsmeyer moved the Consent Agenda. Parker 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

3. PUBLIC HEARINGS:

Mitchell moved to open the Public Hearing at 6:14 p.m. Bartelsmeyer seconded. All voted aye.

OPENED PUBLIC HEARING AT 6:14 P.M.

6:00 p.m. Vacation of alley – Michael & Megan Rogers, 3RK LLC, and Robert & Patricia Love, and Stuart & Haley Troutman – Alley between Lots 7, 9, 11, 13 & 15, Block 4 and Lots 8, 10, 12, 14, 16, Block 4, McDonald’s Addition – Approval of Ordinance No. 3540 – Rhonda Dunn, Finance/Codes Director, showed the Commission a map of the proposed vacation of alley which is by Shepherd and Mosher Streets. The three property owners all signed a voluntary petition to vacate this property.

There were no comments from the audience.

Nichols moved to approve Ordinance No. 3540 vacating the alley by Shepherd and Mosher Streets. Parker seconded. All voted aye.

APPROVED ORDINANCE NO. 3540 VACATING THE 18’ PLATTED ALLEY WHICH RUNS NORTH AND SOUTH BETWEEN LOTS 7, 9, 11, 13 & 15, BLOCK 4, MCDONALD’S ADDITION TO THE CITY OF FORT SCOTT, KANSAS AND LOTS 8, 10, 12, 14, 16, BLOCK 4, MCDONALD’S ADDITION TO THE CITY OF FORT SCOTT AND THE PLATTED ALLEY WHICH RUNS EAST AND WEST LYING DIRECTING NORTH OF LOT 7, BLOCK 4, MCDONALD’S ADDITION TO THE CITY OF FORT SCOTT.

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

CLOSED PUBLIC HEARING AT 6:17 P.M.

Bartelsmeyer moved to open the Public Hearing at 6:18 p.m. Nichols seconded. All voted aye.

OPENED PUBLIC HEARING AT 6:18 P.M.

6:15 p.m. – Resolution 42-2018 – directing the repair or removal of an alleged unsafe and dangerous accessory structure located at 302 S. Lowman Street – Rhonda Dunn, Finance/Codes Director, informed the Commission that the owner is present tonight. She inherited this house but was in a bad car accident and has been unable to make repairs due to her limited means of income. There are four buildings on this property including the main house. Rhonda said that she has contacted the Good Neighbor Action Team to assist this property owner with repairs on the main house. There is one accessory structure on the southeast corner that she recommends demolition on.

Lori Smith said that she inherited this property. Her daughter and family lived there for a while but moved to Lees Summit, Missouri. She is getting ready to have back surgery on Friday at K.U. Medical Center. The water and electric have been updated at the main house and the roof is solid and does not leak. She plans to pay the City back for the demolition costs of the accessory structure.

Rhonda asked approval to repair or remove this structure in 7 days.

Parker moved to approve Resolution 42-2018 directing the repair or removal of this accessory structure by November 19, 2018. Bartelsmeyer seconded. All voted aye.

APPROVED RESOLUTION NO. 42-2018 DIRECTING THE REPAIR OR REMOVAL OF AN UNSAFE AND DANGEROUS ACCESSORY STRUCTURE LOCATED AT 302 S LOWMAN STREET. ACCESSORY STRUCTURE MUST BE BROUGHT UP TO 2012 INTERNATIONAL BUILDING CODE BY NOVEMBER 19^TH, 2018 OR DEMOLITION PROCEEDINGS WILL BEGIN.

6:15 p.m. – Resolution 43-2018 – directing the repair or removal of an alleged unsafe and dangerous structure and accessory structure located at 421 W. 5^th Street – Rhonda Dunn, Finance/Codes Director, informed the Commission that this structure is owned by the McKenney family. Mark McKenney is here representing the family tonight. This structure has had codes issues since 2005. There have been no changes in the last two years. The porch was shored up. There are windows out of the structure and the roof is bad. There are no utilities to the house. She recommended giving him 30 days to either repair or remove the structure.

Mark McKenney said that at one time Tim McKenney had chosen to tear the structure down but changed his mind. Tim recently took bids to have siding put on the house but is waiting on another bid. He said he would talk with the family, and if they want to demolish the structure that their family would do it.

City Attorney reminded the Commission that they just have to declare that the house is dangerous and unsafe and give them a time frame for repairs. If an extension is needed by that time frame, one can be given if approved.

Nichols moved to approve Resolution 43-2018 directing the repair or removal of this structure and accessory structure by December 14^th, 2018. Parker seconded. All voted aye.

APPROVED RESOLUTION NO. 43-2018 DIRECTING THE REPAIR OR REMOVAL OF AN UNSAFE AND DANGEROUS STRUCTURE AND ACCESSORY STRUCTURE LOCATED AT 421 W. 5^TH STREET. STRUCTURE MUST BE BROUGHT UP TO 2012 INTERNATIONAL BUILDING CODE BY DECEMBER 14^TH, 2018 OR DEMOLITION PROCEEDINGS WILL BEGIN.

6:15 p.m. – Resolution 44-2018 – directing the repair or removal of an alleged unsafe and dangerous accessory structure located at the Vacant Lot south of 711 S. Barbee Street – Rhonda Dunn, Finance/Codes Director, informed the Commission that the property owner has removed this accessory structure.

6:15 p.m. – Resolution 44-2018 – directing the repair or removal of an alleged unsafe and dangerous structure and accessory structure located at 1110 Scott Avenue – Rhonda Dunn, Finance/Codes Director, informed the Commission that this structure has an issue with the porch. It is owned by Mark McKenney. He has placed some scaffolding by the porch but no repairs have been made yet. This house has a new roof and the inside is in good condition. She recommended giving him 30 days to either repair or remove the structure.

Mark McKenney said he would have the repairs made to the porch in 30 days.

Parker moved to approve Resolution 44-2018 directing the repair or removal of this structure and accessory structure by December 14^th, 2018. Bartelsmeyer seconded. All voted aye.

APPROVED RESOLUTION NO. 44-2018 DIRECTING THE REPAIR OR REMOVAL OF AN UNSAFE AND DANGEROUS STRUCTURE AND ACCESSORY STRUCTURE LOCATED AT 1110 SCOTT AVENUE. STRUCTURE MUST BE BROUGHT UP TO 2012 INTERNATIONAL BUILDING CODE BY DECEMBER 14^TH, 2018 OR DEMOLITION PROCEEDINGS WILL BEGIN.

Mitchell moved to close the Public Hearings at 6:32 p.m. Nichols seconded. All voted aye.

CLOSED PUBLIC HEARING AT 6:32 P.M.

CONSIDERATION:

1. Consideration of Bid – Cutting of Waterway – 23^rd Street to Highway 69 – Rhonda Dunn, Finance/Codes Director, shared photos with the Commission of the removal of the brush at 7^th and National. This company did a great job on that location. She asked for approval for the other part of this bid which is the removal of the brush at the waterway from 23^rd Street to Highway 69. The same company, SMM Holdings, LLC was the low bid at $6,925.00.

Parker moved to approve the bid from SMM Holdings, LLC in the amount of $6,925.00 for the brush removal at 23^rd Street to Highway 69. Adamson seconded. All voted aye.

APPROVED BID FROM SMM HOLDINGS, LLC OF FORT SCOTT, KANSAS IN THE AMOUNT OF $6,925.00 FOR THE REMOVAL OF BRUSH AT 23^RD STREET TO HIGHWAY 69.

Rhonda also gave the Commission a short update on a couple of Codes issues.

She informed them that there is a bedbug infestation at a house on Oak Street. She said that the owner is a hoarder. This property cannot be treated until it has been cleaned up. The debris they are removing cannot go to the local landfill and has to go to Arcadia. There is a dumpster behind the house. It is her hopes that no one is removing anything from the dumpster as that would spread the infestation.

City Attorney recommended putting up No Trespassing signs on the property and the dumpster.

Rhonda also gave an update on the structure at 310 N. Cleveland. This structure is owned by the Peterson’s. The First Steps program has been working with the owners without much progress. The G.N.A.T. was also involved but no progress has been made by the property owners. There have been no utilities to this structure since 2016 and they still live there. She will now work with the City Attorney to start legal proceedings to remove the owners and demolish the structure.

2. Consideration of Fort Scott Public Library appointment – Diane Clay, City Clerk, informed the Commission that Gabrielle Studer and Jared Witt have both resigned from the Library board. Letters of interest were received for these two open positions. There were four letters of interest received: Deborah Hall, Maybelle Mertz, Lissa Gorman, and Bob Eckles. The Library board met on October 17^th, 2018 and recommended that Lissa Gorman and Bob Eckles be appointed to their board.

Bartelsmeyer moved to approve the appointments of Lissa Gorman and Bob Eckles to the Fort Scott Public Library Board. Parker seconded. All voted aye.

APPROVED APPOINTMENTS OF LISSA GORMAN AND BOB ECKLES TO THE FORT SCOTT PUBLIC LIBRARY BOARD.

3. Consideration to waive bid process for purchase of three sets of bunker gear for the Fire Department – Paul Ballou, Fire Chief, informed the Commission that he is requesting the Commission waive the bid process in order to purchase three sets of bunker gear for the Fire Department. This gear is needed for the three newest firefighters. The condition and fit of the current gear will not work for the new firefighters. He asked for approval to purchase three new sets of gear from Weis Fire Safety in the amount of $6,968.10.

Parker moved to approve to waive the bid process and approve the purchase of three sets of bunker gear for the Fire Department in the amount of $6,968.10 from Weis Fire Safety. Nichols seconded. All voted aye.

APPROVED TO WAIVE THE BID PROCESS AND APPROVE THE PURCHASE OF THREE SETS OF BUNKER GEAR FOR THE FIRE DEPARTMENT IN THE AMOUNT OF $6,968.10 FROM WEIS FIRE SAFETY.

4. Presentation of preliminary Energy Audit by CTS Energy Group – Michael Mix, Water Utility Director, introduced to the Commission, Curtis Wondra and Christy Humerickhouse of CTS Group to share with them information regarding an energy audit.

Curtis Wondra shared with them the goals and challenges of saving energy. He shared how the process works beginning with a Preliminary Infrastructure Audit completed, the RFQ for qualified providers and then the selection of a partner, the detailed analysis and design, the project implementation, and ongoing measurement and verification. He has toured some of the City facilities, especially Memorial Hall and Buck Run Community Center, and gathered information. The next step is a RFQ and then the selection of a firm.

Parker moved to approve to go out for Request for Qualifications for this project. Nichols seconded. All voted aye.

APPROVED TO GO OUT FOR REQUEST FOR QUALIFICATIONS FOR THE ENERGY AUDIT.

5. Consideration of quotes to replace windows at Water Treatment Plant – Michael Mix, Water Utility Director, informed the Commission that there are several windows at the Water Treatment Plant that need replaced due to a broken pane or unsightly etching due to the loss of the seal. Many of these windows have not functioned for many years and many were filled with foam for some reason. He requested quotes from the two local window vendors located here in town. The low quote was from Peerless Products in the amount of $21,982.00. This is a budgeted item.

Nichols moved to approve the low quote from Peerless Products in the amount of $21,982.00 to replace the windows at the Water Treatment Plant facility. Bartelsmeyer seconded. All voted aye.

approveD the low quote from Peerless Products in the amount of $21,982.00 to replace the windows at the Water Treatment Plant facility.

6. Consideration to replace service truck for Water Treatment Plant – Michael Mix, Water Utility Director, informed the Commission that he had budgeted to purchase a service truck for the Water Treatment Plant. Their current pickup they use has over 100,000 miles on it and has some engine issues. They would continue to keep this vehicle at their plant still. The newer, used service truck would be used to go to all the various locations that they service.

City Manager asked for approval to purchase a service utility vehicle up to $28,000 and work with Tom Coffman, the City’s mechanic and Michael Mix. This purchase will be made locally if at all possible.

Mitchell moved to authorize up to $28,000 to purchase a used service truck for the Water Treatment Plant. Parker seconded. All voted aye.

APPROVED TO AUTHORIZE UP TO $28,000 TO PURCHASE A USED SERVICE TRUCK FOR THE WATER TREATMENT PLANT.

7. Consideration to solicit RFQ’s for Scope of Services for 2018-2019 for Water Treatment Plan Evaluation for our drinking water – Michael Mix, Water Utility Director, informed the Commission he wants to solicit RFQ’s to evaluate the City’s drinking water. He wants to pursue excellence in our drinking water. There is no cost for soliciting RFQ’s. Approval was recommended.

Nichols moved to solicit RFQ’s for the Water Treatment Plant drinking water evaluation. Adamson seconded. All voted aye.

APPROVED TO SOLICIT REQUEST FOR QUALIFICATIONS FOR AN ENGINEERING FIRM TO EVALUATE THE CITY’S DRINKING WATER.

8. Consideration to change membership section of the Employee Council Bylaws – Deb Needleman, Human Resource Director, informed the Commission that she and Dave Martin both sit on the Employee Council for the City. It was originally made up of eight members from different departments. Due to the size of the departments, the Employee Council discussed combining some of the departments taking the members down to six. The departments will be combined as follows:

Fire Department/Communications (Dispatch)

Police Department

Streets/Water Distribution

Wastewater/Wastewater Collections/Airport/Parks

Water Production

City Hall/Codes/Tourism/Golf Course

The Employee Council met on November 1^st and approved this change to the bylaws.

Dave Martin also said that at each of the meetings, opportunity is given for the members of the council to ask questions of him or Deb. Also, there are suggestion boxes at various locations throughout the City where employees can place any suggestions they may have. These are read at the Employee Council meetings and discussed.

Mitchell moved to approve the membership section change on the Employee Council bylaws. Parker seconded. All voted aye.

APPROVED THE MEMBERSHIP SECTION CHANGE ON THE EMPLOYEE COUNCIL BYLAWS.

COMMISSION/STAFF:

1. Director Updates:

Larry Gazaway – Larry recognized Allyson Turvey, Administrative Assistant for the City for the recent awards she was given. TIAK is the Travel Industry Association of Kansas. They are involved in training, education, and advocacy in the State of Kansas. The Kansas Destination Certification Program is designed to familiarize and further one’s knowledge of the State of Kansas, tourism marketing, and leadership. To achieve this certification, one must complete three book reports; one on Kansas history, one on marketing, and another on leadership. One must also spend several hours a year in training, live or from webinars, and finally visit an attraction at least 50 miles from your home. Ally successfully completed all the requirements and two weeks ago, during the TIAK Conference, she was one of only six individuals to receive this certification. In August, Ally also received her Kansas Certified Professional Travel Counselor Certification. This certification comes from the Kansas Department of Wildlife, Parks and Tourism and assures that Ally delivers high quality travel information services. She is only one of three in the State of Kansas that has this certification. Ally will also be handling all the co-op advertising for TourKs, which is a statewide organization that is tasked with attracting bus tours to the state. She will be working with 63 cities and counties to make sure the State of Kansas is represented in various print magazines throughout the country.

Larry also reminded the Commission about the upcoming Veterans weekend. Friday night is a reception at the Boiler Room Brewhaus. Saturday morning is a program at Memorial Hall, 5:00 p.m. is the Veterans parade, and Saturday night at 7:00 p.m. is the Grand Ball at Memorial Hall. On Sunday at 9:00 a.m., is the church service at Community Christian Church. At 11:00 a.m. is the service at the National Cemetery and a luncheon to be held at the V.F.W. at noon. He also announced that there was a $4,000 grant awarded for this event for 2019 from the Community Foundation.

Dave Bruner – In regards to the recent announcement of the closing of Mercy Fort Scott, as we all are probably aware, this also effects the ambulance service. Mercy EMS will no longer be operating as of March 31st. With that announcement, Bourbon County has been faced with a difficult task to come up with a solution for an EMS service for the residents of Bourbon County. A task force was formed to develop a working relationship between the County and City to continue to provide emergency medical services to the residents once April 1st arrives. Last week an announcement was made by the Bourbon County Commissioners that they will assume ownership of the ambulance service which will be called Bourbon County Emergency Medical Services. That being said, the City was approached by County officials in a meeting on Monday in an effort to work out the details for the City to partner and continue the current relationship in which the City and Mercy EMS formed dating back as far as 15 years ago. Fifteen years ago, Mercy EMS and Fort Scott Fire Department worked out a contractual agreement to provide a second staffed ambulance. Most recently, another relationship was formed between the Fire Department and Mercy EMS to house the duty ambulance and staff at Fire Station #1 in efforts to attract personnel.

How does this look? The County will be taking on Mercy’s role and contract services from the City.

Staffing: The City will provide human resource services to full time positions for the service. All current Mercy EMS employees will be transitioned. An EMS Director position will be added to the staff. All staff will report to the Fire Department administration as well as City administration.

Bourbon County will reimburse for salaries and operational cost.

Our team of personnel from the Fire Department and Mercy EMS are prepared and experienced to take on the challenge for the efficiency of the taxpayers. We are looking forward to working with County officials to build this service and continue to provide the quality service that Mercy EMS has provided since 1991.

He asked the Commission for their approval to continue with the development of the EMS service.

City Manager said that Deb Needleman will be involved in hiring the EMS Director and testing individuals as she does now.

Mitchell moved to authorize the continuation of the development of the EMS service between the City and the County. Bartelsmeyer seconded. All voted aye.

APPROVED THE CONTINUATION OF THE DEVELOPMENT OF THE EMS SERVICE BETWEEN THE CITY AND THE COUNTY.

Kenny Howard – Kenny shared photos of the beach pavilion and improvements that have been made to it recently. The pavilion was built in 1964. They repaired the inside and installed a new picnic table. They completed all these repairs for around $1,800.

Commissioners told him that it looked great!

B. City Commission:

Bartelsmeyer – Thanked all who are working on the health care project. It is a big project.

Parker – Thanked the Fire Department who helped honor a man who served his country for a long time today. This is a great hometown that honors their own!

Adamson – Nothing to report.

Nichols – Nothing to report.

Mitchell – Nothing to report.

C. City Attorney: Nothing to report.

3. City Manager:

1. Change of time of December 4^th, 2018 City Commission meeting to 4:00 p.m. due to Downtown Christmas Parade

Parker moved to change the time of the December 4^th meeting to 4:00 p.m. for the Downtown Christmas parade. Bartelsmeyer seconded. All voted aye.

APPROVED TO CHANGE THE TIME OF THE DECEMBER 4^TH, 2018 MEETING TO 4:00 P.M.

2. Health Care – Dave stated that Mercy is not willing to come to the table currently. He is still working with the task force to get health care here.

3. Police Department Night Training – Dave said that Mike Trim informed him that the Police Department will be doing night shooting training on November 7^th and November 14^th. He encouraged the Commission to go and watch this training.

4. Wreath Ride Fundraiser – Dave said that Cole Wagner has requested permission to hold a fundraiser on April 13^th, 2019. It will be a Ruck Run. Participants will wear vests and run/march from the Crossfit facility to the National Cemetery.

Nichols moved to approve this fundraiser to hold a Ruck Run on April 13^th, 2019. Adamson seconded. All voted aye.

APPROVED TO HOLD RUCK RUN FUNDRAISER ON APRIL 13^TH, 2019.

ADJOURNMENT:

Nichols moved to adjourn the meeting at 7:24 p.m. Parker seconded. All voted aye.

ADJOURNED MEETING AT 7:24 P.M.

The next regularly scheduled meeting is to be held on November 20^th, 2018 at 6:00 p.m.

RECORDED BY:

____________________

DIANE K. CLAY

CITY CLERK

 

The Fort Scott City Commission will meet at 6 p.m. Nov. 20 at city hall, 123 S. Main.

This is the commission agenda.

I. ROLL CALL:

ADAMSON BARTELSMEYER NICHOLS PARKER MITCHELL

II. FLAG SALUTE

III. INVOCATION: Pastor Jared Witt, First Presbyterian Church

IV. PROCLAMATIONS/RECOGNITIONS: Recognition of Veteran’s Day Weekend – Peerless Products, Boiler Room Brewhaus, VFW Post #1165, Live Local B, American Legion Post #25, Fort Scott Area Community Foundation, Bill Hall, Carl and Myra Jowers, and Wayne, Dee, & Barrett Young.

V. CONSENT AGENDA:

1. Approval of minutes of the regular meeting of November 6^th, 2018.

2. Approval of Appropriation Ordinance 1227-A totaling $277,010.59.

3. Christmas Parade Permit Form- December 4^th, 2018.

VII. APPEARANCE/COMMENTS/PUBLIC HEARING:

1. APPEARANCE:

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

C. PUBLIC HEARINGS/COMMENTS:

6:15 p.m. Resolution directing the repair or removal of an unsafe and dangerous structure located at 14 S. Margrave Street

VIII. CONSIDERATION:

1. Update on 523 S. Main Street

2. Consideration of change of zoning from M-U (Mixed Use) to CBD (Central Business District) for the property at 19 S. Hill Street – Ordinance No. 3541

3. Consideration of a Conditional Use Permit to operate an automotive mechanic shop at Lots 1, 3, 5, 7, & 9, Block 82, Fort Scott Addition, more commonly known as 19 S. Hill

4. Consideration of adoption of 2018 Comprehensive Plan Ordinance No. 3542

5. Consideration of appointment of Edna Erie as resident commissioner to replace Vickie Morgan – Fort Scott Housing Authority Board

6. Consideration of purchase of two additional VFD’s in the high service pump station – Water Production

IX. COMMENTS:

1. Director Updates:

2. Commission:

3. City Attorney:

4. 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

The City of Fort Scott offices will be closed on Monday, November 12^th, 2018 in observance of Veterans Day. The regular offices will reopen on Tuesday, November 13^th, 2018.

The City’s tree and brush dump site located on North Hill will also be closed on Saturday, November 10^th, 2018 for the Veteran’s Day holiday. It will be open again on Tuesday, November 13^th, 2018 from 4:00 p.m. to 6:00 p.m.

CITY OF FORT SCOTT

CITY COMMISSION MEETING

Minutes of October 16, 2018 Regular Meeting #20

The regular meeting of the Fort Scott City Commission was held October 16^th, 2018 at 6:00 p.m. in the City Commission Room, 123 S. Main, Fort Scott, Kansas.

ROLL CALL:

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

INVOCATION: Ian Johnson, Student Minister, Community Christian Church, said a prayer asking God for guidance for the City and all Government and City officials.

AUDIENCE IN ATTENDANCE: Janet Braun, Travis Shelton, Rhonda Dunn, Rachel Pruitt, Robert Uhler, Denise Duncan, Diana Morriss, Deb McCoy, Darrell Parker, Bobbi Kemna, Larry Gazaway, Karen Gazaway, Steve Buerge, Dave Bruner, Charyl Deloney, Bobby Duncan, Russell Lingerfelt, Chad Brown, Billy Keith, Paul Ballou, Jara Martin, Sophia Martin, Breann Martin, Sherise Beckham, Amber Marsh, Tanner Beckham, Ian Johnson, Elaine Buerge, Carla Felt, Suzanne Street, Mark McKenney, Deb Needleman, and Clayton Miller, and representing the press, Jason Silvers, Fort Scott Tribune.

PROCLAMATIONS/RECOGNITIONS: Deb Needleman, Human Resource Director, introduced Russell Lingerfelt, who is the new IT Help Desk Specialist for the City. He lives in Chanute and will commute back and forth.

APPROVAL OF MINUTES AND APPROPRIATIONS/CONSENT AGENDA:

1. Approval of minutes of the regular meeting of October 2^nd, 2018.

2. Approval of Appropriation Ordinance 1225-A totaling $276,478.78.

3. Street Closing Request – Community Christian Church – October 31^st, 2018 – Annual Trunk or Treat Event

Bartelsmeyer moved the Consent Agenda. Parker 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) – Bobby Duncan – Mr. Duncan stated that he has attended a lot of meetings since the 1970’s. All those meetings were recorded in some fashion. He said that this is an opportunity for lack of transparency because the postings are not accurate.

He also stated that the City Manager and workers are just as wrong today as they were back in February when the code footprint was approved. Since that time a lot of citizens have relayed their stories to him. Since the loss of Mercy and the recent raise given to the City Manager, the taxes are too high here. He said they are building onto their winery and the supplies in Fort Scott were $400 higher than the other bids taken. He said that businesses are going downhill from his point of view.

3. PUBLIC HEARINGS:

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

OPENED PUBLIC HEARING AT 6:15 P.M.

6:15 p.m. Resolution directing the repair or removal of an unsafe and dangerous structure and accessory structure located at 15 S. Crawford Street – Rhonda Dunn, Finance/Codes Director, informed the Commission that this structure is owned by a mortgage company in New Jersey. She has not received a response from them in regards to the letters she has sent regarding this structure. She stated that there are neighbors in attendance that may wish to speak.

Carla Felt stated she lives next to this structure and believes that they have a mice infestation. She believes the structure is a fire hazard. The garage that is not attached is falling down and she has heard that the ceiling has fallen in on the second story.

Suzanne Street stated that she is concerned after each wind storm that we have that the structure will have fallen down.

Rhonda asked for a time frame of 10 days to either repair or remove this structure.

Mitchell moved to give 10 days to repair or remove this structure and accessory structure at 15 S. Crawford Street. Adamson seconded. All voted aye.

APPROVED RESOLUTION NO. 41-2018 DIRECTING THE REPAIR OR REMOVAL OF AN UNSAFE AND DANGEROUS STRUCTURE LOCATED AT 15 S. CRAWFORD STREET. STRUCTURE MUST BE BROUHT UP TO 2012 INTERNATIONAL BUILDNG CODE BY OCTOBER 31, 2018 OR DEMOLITION PROCEEDINGS WILL BEGIN.

Mitchell moved to close the Public Hearing at 6:20 p.m. Parker seconded. All voted aye.

CLOSED PUBLIC HEARING AT 6:20 P.M.

CONSIDERATION:

1. Update on 523 S. Main Street – Rhonda Dunn, Finance/Codes Director, informed the Commission that this structure was before them two weeks ago and was scheduled tonight for an update. The co-owner, Mark McKenney, is also present. She showed photos of the progress that has been made. The windows are boarded up now.

Mark McKenney said that his brother Tim is currently taking bids on the roof.

Rhonda asked the Commission when they would like this brought back before them for an update on this structure.

The Commission agreed to 30 days.

2. Consideration of demolition bid – 1601 E. Wall Street – Rhonda Dunn, Finance/Codes Director, informed the Commission that this property has been scheduled to be demolished for some time per the property owner. This demolition had not taken place so the City went out to bid on the fire damaged structure. Kevin Allen demolished this structure today. She asked for approval to reject the bids that were received from the City.

Bartelsmeyer moved to reject the demolition bids for 1601 E. Wall Street. Adamson seconded. All voted aye.

APPROVED TO REJECT DEMOLITION BIDS FOR 1601 E. WALL STREET.

COMMISSION/STAFF:

1. Director Updates:

Robert Uhler – Community Development Director Update: Robert updated the Commission on the Healthcare Working Group. He informed the Commission that in the 1870’s, the Sisters of Mercy started a hospital to care for the injured railroad workers and the community of Fort Scott. There have been several changes to that service, such as the location and services, but the service to Fort Scott always remained. On Monday, October 1^st, 2018, all that changed. Reta Baker has worked hard to secure healthcare in our community since 2014 when they first went into discernment. The City has been in communication with her and asked her to keep the City informed on all decisions regarding the hospital. She assured the City that she would give us plenty of notice before anything changed. On that Monday morning, the City received the same notice at the same time that all the rest of the community received it. That same afternoon, the City started receiving phone calls regarding the Mercy announcement. The next morning, the City regrouped and started to form a small working group to handle the sheer volume of calls and track the inquiries about healthcare in Bourbon County. That group consists of City, County and Foundation stakeholders, who are currently on a fact finding mission. He said that they have visited with close to 20 groups and individuals to discuss healthcare and trying to learn what rural healthcare will be in the future. Their focus is on three principles: Primary Care Clinic with diagnostic services; a full functioning Emergency Department; and a working, profitable Ambulance service. He said he is confident that we will have all of that in the future. We appreciate all of Reta’s service to this community. We are in the process of forming a much larger “Community Taskforce” that will focus on what healthcare will look like for us in the future. He is calling it Healthcare 2020. City, County, businesses, citizens, healthcare providers, employers, and their employees will be invited to participate in this very important topic. This is a community issue and we will work on this issue for the community.

Rachel Pruitt – Economic Development Update – Rachel updated the Commission on several items:

She stated that today is Boss’s Day and they would like to recognize Dave Martin tonight. He has a lot of support here tonight in this room. She gave a definition of a leader from Steve Jobs: “Leaders – The people who are crazy enough to think they can change the world are the ones who do.” Another quote from Ronald Reagan: “The greatest leader is not necessarily the one who does the greatest things. He is the one that gets the people to do the greatest things.” She asked Steve Buerge to say a few words about Dave Martin.

Steve Buerge: He said that Dave is a swell guy. He knew that before he was hired here. He knew Dave when he was the manager at Valu Merchandisers. He said the City was looking for a manager at that time. He knew he was dedicated, consistent, loved his family, and loved the Lord. All of these things were good aspects in an individual. He said that Dave is a pleasure to work with. He said that the City should be proud of LaRoche Ball Park Complex, new streets on South National and the new intersection at McDonald’s – all this happened under his administration. He thanked Dave and congratulated him on his years of service with the City of Fort Scott.

Rachel informed the Commission and the public on several of Dave’s accomplishments during his eight years with the City:

Community Amenity Improvements: Riverfront Park, Woodland Hills Golf Course, Aquatic Center, and LaRoche Baseball Complex.

Demographic Information: The population of the City of Fort Scott is 7,773. 844 jobs have been added since 2010. The median hourly wage is $14.76 an hour, which is one of the highest in Southeast Kansas. The median wage in 2010 was $12.35.

Community Improvements: The total enrollment for USD 234 is up from 2017-2018 which was 1,882. From 2018-2019 the enrollment is 1,912 which is a student to teacher ratio of 13:1. The state average is 15:1.

Crime Index: The crime index since 2010 is down 21%. She praised Chief, Travis Shelton, who has been with the City for 22 years and Captain, Shaun West, who has been with the City for 25 years.

Fire Safety: The Fire protection class rating in 2012 went from a 5 to a 4. In 2017, it went from a 4 to a 3-3X. She praised Paul Ballou, Fire Chief, who has been with the City for 28 years and Dave Bruner, Deputy Fire Chief, who has been with the City for 24 years.

Housing: The average selling price increased by 42% from 2016 to 2018. The total volume sold increased by 45% from 2016 to 2018.

Infrastructure: Rachel said that there are 90 miles of paved roads which include 15 improvement projects, parking lot and off street parking reconstruction, storm drain improvements, and sidewalk improvement projects. She praised Chad Brown, Public Works Director, for his 20 years of service with the City.

Utility Infrastructure: Rachel said that there are over 220 miles of water and sewer lines maintained each year with over 3,100 water connections. She praised Michael Mix, Water Utility Director, who has been with the City for 16 years.

Sales Tax: Rachel informed the Commission that sales tax has rose from $1,239,246.58 in 2010 to $2,052,197.07 in 2018.

Unemployment Rate: Rachel said that unemployment rates have dropped from 9.0% in 2010 to 3.9% in 2018.

Employment Expansions: Rachel said that since 2010 to 2018, 844 total jobs have been added.

Business and Industry Improvements: Rachel named off several notable projects that have been completed and are in progress and all the new businesses since 2010.

The Directors presented Dave with a plaque that reads: “True leaders have a servant’s heart.”

B. City Commission:

Bartelsmeyer – Commissioner Bartelsmeyer stated that the Commission has taken several hits from the public on the salary increase that was given the City Manager. She read from a salary survey that the League of Kansas Municipalities had recently taken which shows that cities with a population from 4,001 to 15,000 that the average salary for a City Manager position ranges from $92,581 to $117,603. There is incorrect information going around. The salary for the City Manager is right where it needs to be. When Dave started with the City, his salary was $70,000. If we lose him, we will have to pay a new one much more than that. She is upset about the incorrect information being put out there and wants it to stop.

Parker – Commissioner Parker stated that we as a City stand behind Dave Martin and his salary increase. The previous City Manager that he replaced was never here. He would leave on weekends and didn’t even own a home here. Dave is married to this community. He does the radio broadcasts every Thursday morning to keep the citizens informed which is a tremendous thing. If we lose Dave, we would have to pay more to a new person. We need to be happy with what we have.

Adamson – Commissioner Adamson echoed the other two Commissioners comments. We all need to bond together as a community especially with the hospital issue we have. We are a strong community and need to remember that at this time.

Nichols – Not present.

Mitchell – Mayor Mitchell said that she feels the other Commissioners will support what she says or they wouldn’t have elected her as the Mayor. She has served on the Commission for 6 ½ years and learned so much from Dave and his guidance. They don’t always agree but they talk through things. She said that we should be worried about protecting the jobs at Mercy. Dave and his staff are out beating the streets and having meetings and trying to secure good health care in this community for a long time to come. Instead of griping about his salary, she said she would encourage each and every person to walk in his shoes for a week and answer his phone all hours of the night and weekends. She feels as a governing body that we make the best decisions we can and if you think you can do a better job, you should apply when the next City Commission opening comes up and see how well it goes for you. Dave has a good, intelligent staff with a hard job to do. She is very tired of the fake news on social media and if you can do better, get your butt in the race to run for City Commissioner. Dave is a superb leader and guides us. She said that the people on social media should come and confront them face to face. Their phone numbers are all published. She is concerned for the safety of the citizens with health care being a priority and the 277 jobs we need to save.

C. City Attorney: Stated that that complexity of the hospital issue is huge. He has had conversations with lots of people outside the community. He is fortunate enough to have many City Attorney friends who shared information with him. Every situation is different.

D. City Manager:

1. Dave stated that this is the best day ever that a boss can have. He said it is a pleasure to serve this community. He said that he has the best team with the best staff that work hard with him every day. He said that they will continue to fight for health care and do all we can as a City. He is just speechless. He thanked his family for being here tonight also. He thanked the strong City Commission that we have.

2. Tri-Yak-A-Thon – Dave asked the City Commission to approve the change of this event to this Saturday, October 20^th at Gunn Park.

Parker moved to approve to hold the Tri-Yak-A-Thon on Saturday, October 20^th, 2018 at Gunn Park. Bartelsmeyer seconded. All voted aye.

APPROVED TO HOLD THE TRI-YAK-A-THON ON SATURDAY, OCTOBER 20^TH, 2018 AT GUNN PARK.

3. KMIT Board of Trustees – Dave informed the Commission that Deb Needleman, Human Resource Director, has been selected to serve on the KMIT (Kansas Municipal Insurance Trust) Board of Directors which is quite an honor. He thanked Deb for serving on this board.

4. Health Care – Dave said that about a year ago a group of City staff along with Dr. Nichols met with an attorney who helps cities with rural health care. They came back and met with Reta Baker and said that we all need to come together on the health care issue. Unfortunately, that did not happen, and Mercy chose to close the hospital at the end of the year. Reta is doing all she can to save the clinic. At some time, the City and County will have to step up, whether through budgeting funds financially or other steps. The City has a sales tax that will sunset in 2021. The Commission may need to look at this tax for health care needs.

ADJOURNMENT:

Bartelsmeyer moved to adjourn the meeting at 6:49 p.m. Parker seconded. All voted aye.

ADJOURNED MEETING AT 6:49 P.M.

The next regularly scheduled meeting is to be held on November 6^th, 2018 at 6:00 p.m.

RECORDED BY:

____________________

DIANE K. CLAY

CITY CLERK

The agenda for the Fort Scott City Commission for the Nov. 6 meeting at City Hall, 123 S. Main.

I. ROLL CALL:

ADAMSON BARTELSMEYER NICHOLS PARKER MITCHELL

II. FLAG SALUTE

III. INVOCATION: Pastor Matthew Hunt, Faith Christian Center

IV. PROCLAMATIONS/RECOGNITIONS:

V. CONSENT AGENDA:

1. Approval of minutes of the regular meeting of October 16^th, 2018.

2. Approval of Appropriation Ordinance 1226-A totaling $467,651.58.

3. Parade Permit – Veteran’s Day Parade – November 10^th, 2018

VII. APPEARANCE/COMMENTS/PUBLIC HEARING:

1. APPEARANCE:

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

C. PUBLIC HEARINGS/COMMENTS:

6:00 p.m. Vacation of alley – Michael & Megan Rogers, 3RK LLC, and Robert & Patricia Love, and Stuart & Haley Troutman – Alley between Lots 7, 9, 11, 13 & 15, Block 4 and Lots 8, 10, 12, 14, 16, Block 4, McDonald’s Addition – Approval of Ordinance No. 3540

6:15 p.m. – Resolution 42-2018 – directing the repair or removal of an alleged unsafe and dangerous structure and accessory structure located at 302 S. Lowman Street

6:15 p.m. – Resolution 43-2018 – directing the repair or removal of an alleged unsafe and dangerous structure and accessory structure located at 421 W. 5^th Street

6:15 p.m. – Resolution 44-2018 – directing the repair or removal of an alleged unsafe and dangerous accessory structure located at the Vacant Lot south of 711 S. Barbee Street

6:15 p.m. – Resolution 45-2018 – directing the repair or removal of an alleged unsafe and dangerous structure and accessory structure located at 1110 Scott Avenue

VIII. CONSIDERATION:

1. Consideration of Bid – Cutting of Waterway – 23^rd Street to Highway 69

2. Consideration of Fort Scott Public Library appointment

3. Consideration to waive bid process for the purchase of three sets of bunker gear for the Fire Department

4. Presentation of preliminary Energy Audit by CTS Energy Group

5. Consideration of quotes to replace windows at the Water Treatment Plant

6. Consideration to replace service truck for Water Treatment Plant

7. Consideration to solicit RFQ’s for Scope of Services for 2018-2019 for Water Treatment Plan Evaluation for our drinking water

8. Consideration to change membership section of the Employee Council Bylaws.

IX. COMMENTS:

1. Director Updates: Larry Gazaway

Dave Bruner

Kenny Howard

2. Commission:

3. City Attorney:

4. City Manager:

1. 1. 1. Change of time of December 4^th, 2018 City Commission meeting to 4:00 p.m. due to Downtown Christmas Parade

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