Category Archives: Government

Bourbon County, Government, Kansas

State of Kansas v. Dawson James Mitchell in Bourbon County: Hard 50 Life Sentence Affirmed

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Today from the Kansas Supreme Court:

Appeal No. 125,156: State of Kansas v. Jason M. Gleason Sr.

 

Appeal No. 125,156 archived oral argument

 

In a per curiam decision, the Supreme Court reversed the Court of Appeals, which had held that Gleason’s conviction in Reno County District Court for battery against a state corrections officer must be reversed because of prosecutorial errors, both on their own and in conjunction with an erroneous jury instruction. The Court held there was only a single prosecutorial error and it was harmless.

 

Gleason also argued on appeal that the erroneous jury instruction nevertheless violated his “inviolate” jury rights under Section 5 of the Kansas Constitution Bill of Rights. The Court held that the Section 5 jury right preserves the same protections that existed in common law when the Kansas Constitution was adopted in 1859. Thus, after a historical analysis, the Court determined that Section 5 jury claims are analyzed under a presumed prejudice standard. Such errors require reversal unless the State can show there is no prejudice. Absent prejudice, there is no violation of the Section 5 jury right. The State made such a showing here, so Gleason’s Section 5 jury rights were not violated. Gleason’s conviction was thus affirmed.

 

Justices Melissa Standridge and Eric Rosen concurred in the judgment only.

 

This case was argued before the Supreme Court at its November 12, 2024, special session in Louisburg.

 

Appeal No. 126,350: State of Kansas v. Brian Beck

 

Appeal No. 126,350 archived oral argument

 

Beck was driving on Interstate 70 in Geary County when he was pulled over by a law enforcement officer. Beck was committing no driving infractions, but a car dealer’s frame around his license plate partially obstructed the state name on the plate. According to the officer, he was not able to easily read the state name, putting the plate in violation of K.S.A. 8-133, which requires that license plates be maintained “in a condition to be clearly legible.” Because Beck exhibited suspicious behavior, the officer and a backup unit searched his car and found methamphetamine. Beck attempted to drive away during the search but was subdued and arrested. He was charged with one count of possessing methamphetamine with intent to distribute, one count of having no drug tax stamp, and one count of interfering with law enforcement.

 

Before trial, Beck moved to suppress consideration of the methamphetamine found in the search, claiming the officer did not have reasonable suspicion to stop him and search his car. The Geary County District Court denied the motion and allowed the evidence to go to a jury. The jury found Beck guilty of all three counts. Beck appealed to the Court of Appeals, which affirmed the conviction. The Supreme Court granted review.

 

In a unanimous decision written by Justice Eric Rosen, the Court reversed the district court ruling that denied Beck’s motion to suppress and reversed the convictions based on the evidence obtained from the search of his car. The Court examined the relevant statutes and concluded that Kansas does not require the state name be printed on license plates in an easily readable fashion. For this reason, obstructing or partially obstructing the state name does not give law enforcement reasonable suspicion that a crime is being committed. The Court further discussed how distance from a vehicle and environmental conditions may affect whether a license plate is clearly legible. The Court directed district courts to apply an objective standard to decide whether a reasonable officer would have reasonable suspicion that, under the totality of the circumstances, the license plate was not maintained in a condition to be clearly legible. The Court remanded the case to the district court for a new hearing consistent with the analysis in the opinion.

 

Appeal No. 126,819: State of Kansas v. Uraquio Agustine Arredondo

 

Appeal No. 126,819 archived oral argument

 

Grant County District Court found Arredondo guilty of one count of felony child abuse and one count of felony murder in the death of the 3-year-old son of Arredondo’s domestic partner. The child became unconscious and stopped breathing while under Arredondo’s care. Emergency care personnel were unable to revive the child, and he died in a hospital. Medical examiners determined the child had suffered from traumatic blows to the head and showed signs of other traumatic injuries. Arredondo told law enforcement and others the child had choked on a meal Arredondo served him, but evidence from the home indicated the child had not been eating around the time he stopped breathing. Arredondo appealed his conviction.

 

In a unanimous decision written by Justice Eric Rosen, the Supreme Court affirmed Arredondo’s conviction. The Court determined that law enforcement did not impinge on Arredondo’s constitutional rights under the Fourth Amendment during any of the three times they entered the residence. This was primarily because Arredondo voluntarily consented to the searches of his home. The Court further held that Arredondo did not preserve at trial a challenge to the admissibility of statements he made to law enforcement, which meant he could not challenge those statements on appeal.

 

Justice Evelyn Wilson did not participate in the decision.

 

Appeal No. 127,231: State of Kansas v. Dennis O. Haynes III

 

Summary calendar. No oral argument

 

Haynes, who is serving a life sentence for first-degree murder, filed a postconviction motion seeking access to arrest and search warrants and their supporting affidavits from his criminal case. The Sedgwick County District Court granted him access to the arrest warrant affidavit but denied his request for any search warrant affidavits. In a unanimous decision written by Justice K.J. Wall, the Supreme Court partially reversed the district court’s ruling. The Court held that K.S.A. 22-2302(b) and K.S.A. 22-2502(d) give defendants a personal right to obtain affidavits supporting both arrest and search warrants. But the statutes do not provide access to the warrants themselves, perhaps because those warrants are usually public documents once law enforcement executes them. The Court therefore affirmed the district court’s ruling on the arrest warrant affidavit but reversed its denial of any search warrant affidavits because K.S.A. 22-2502(d) requires disclosure of those materials. The case was remanded with instructions to make those materials available upon payment of the necessary production fees.

 

Appeal No. 127,721: State of Kansas v. Dawson James Mitchell

 

Summary calendar. No oral argument.

 

In a unanimous decision written by Justice K.J. Wall, the Supreme Court affirmed the consecutive hard 50 life sentences imposed on Mitchell for the premeditated murders of his mother and stepfather. On appeal, Mitchell argued the Bourbon County District Court should have imposed hard 25 sentences based on his severe mental illness, troubled upbringing, and accepting responsibility. He also argued the sentences should run concurrently rather than consecutively. The Court held that while the district court acknowledged Mitchell’s mitigating evidence, it reasonably concluded the factors did not constitute “substantial and compelling reasons” to deviate from hard 50 sentences given the premeditated, brutal nature of the crimes. The Court also concluded that the district court did not abuse its discretion in imposing consecutive sentences because Mitchell killed two people.

 

Visit our Search Decisions page for published and unpublished decisions from the Kansas Supreme Court and the Kansas Court of Appeals.

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Topeka, KS 66612-1507

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Government, Kansas

New KS Law Prohibits Foreign Money in Constitutional Amendment Campaigns

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Kobach nets big win on new Kansas law banning foreign money in campaigns

TOPEKA – (July 1, 2025) – A Kansas law that prohibits the use of foreign money in state constitutional amendment campaigns is in effect today, July 1, thanks to a court win by Kansas Attorney General Kris Kobach.

U.S. District Court Judge Daniel Crabtree blocked a request from Kansans for Constitutional Freedom for a preliminary injunction to stop the state from implementing the ban on foreign money flowing into political campaigns.

“Judge Crabtree’s opinion is well reasoned and thorough. The Kansas Legislature acted constitutionally when it addressed the specific problem of foreign nationals funneling money into referendum campaigns on Kansas constitutional amendments,” Kobach said. “The people of Kansas have the right to decide these important questions for themselves without any foreign influence. Foreign nationals should not be influencing Kansas elections, period. This is a win for Kansas.”

In his ruling, Crabtree writes that Kansans for Constitutional Freedom is likely to lose its constitutional challenge to the new law.

Read Crabtree’s order here.

Government, Kansas

KS State Legislature Cuts State General Fund

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Governor Kelly Issues Statement on Consequences of State Legislature’s 1.5% Cuts to State Agencies

TOPEKA – The Kansas Legislature passed into law Senate Bill 125, which mandates state agencies reduce their State General Fund state fiscal year 2026 (SFY26) budget by 1.5%. Governor Laura Kelly issued the following statement in response to agencies implementing the Legislature’s 1.5% cut at the beginning of SFY26:

“As governor, I have worked to get Kansas back on the right fiscal track and provide Kansans with the resources they need to prosper without risking the future of the state. I share the Legislature’s goal to reduce spending where possible and to increase efficiency in state government. However, the Legislature’s mandate to cut state agencies’ budgets across the board is not the way to increase efficiency. A blanket cut is neither targeted nor thoughtful.

“Instead, the Legislature’s blanket budget reduction results in millions of dollars in funding losses to agencies managing programs that are vital lifelines for the most vulnerable Kansans: children, people with disabilities, seniors. At a time when federal funding is withdrawn, withheld, or outright cancelled, the effects of the Legislature’s blanket cuts will be compounded. Despite challenges posed at both the state and federal levels, my administration remains committed to serving the people of Kansas.”

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Fort Scott, Government

Rock Creek Lake Work Continues For Reopening the Best Fishing Holes

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Brush crowds out the fishing spot in this “before” photo. Submitted photos.
Following the removal of brush around this same fishing spot, it has better accessibility. Submitted photos.
Seth Simpson’s work crew is getting all of the best fishing holes reopened at Rock Creek Lake just in time for the 4th of July weekend.
In the last year, the maintenance of Fort Scott Lake and Rock Creek Lake has come under the airport supervisor.
 “I’m not exactly sure of the exact time that the airport got the maintenance of the lakes,” said Seth Simpson, Fort Scott’s Airport and Lakes Supervisor.  “I was on orders to Germany for a year for the military.  I believe it was about six to nine months ago.” Simpson is in the Missouri National Guard.
 “Our duties at the Fort Scott and Rock Creek lakes include feeding the fish at the rearing pond, mowing, weed eating, trimming trees, maintaining the structures that the city owns, emptying trash cans and picking up loose trash, setting up and taking down the swim ropes, and maintaining the beach area.”
This city crew is cleaning up some former fishing spots that have been covered up with brush.
“We are clearing out brush and grass to open up spots that were previously inaccessible due to overgrowth so that people can walk to the water’s edge and be able to cast a line,” Simpson said. “We will continue to open up more spots around the lake as we have time.”
The submitted photos are before-and-after pictures of areas cleared on June 30, near the entrance just off Jayhawk Road near the bridge.
Another overgrown spot at Rock Creek Lake. Submitted photos.
The same spot after clearing the brush for better lake accessibility. Submitted photo.
To get to Rock Creek, take Jayhawk Road and turn onto 195th Street and go down until you see the parking lot on the west side of the road.
The new fishing spots are on Jayhawk Road and near the bridge with a gravel parking area.

To learn more, the Facebook page is Fort Scott Airport 

Government, Kansas

Limited Access Area Hunts Available

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Kansas Department of Wildlife and Parks Special Hunt Application Period Now Open

PRATT – Looking for a hunting experience without the crowds in some of Kansas’ most unique locations? The Kansas Department of Wildlife and Parks (KDWP) Special Hunts program provides limited access to areas not normally open to hunting. More than limited-entry opportunities will be available this fall and winter. While access through the program is free, hunters must still meet all licensing and permit requirements under Kansas law.

Opportunities for deer, upland game, waterfowl, dove, and furbearers will be offered, with hunts taking place on a mix of public lands, parks, private lands, and other select areas. Managers, biologists, landowners, and partners offer these hunts with safety, management, and positive relationships in mind.

All fall and winter special hunt opportunities are available through a single application period, open July 1-29, 2025. Details of each special hunt and application details are available at ksoutdoors.com/Hunting/Special-Hunts-Information. Successful applicants will be selected through a random drawing.

“The Special Hunts program offers hunters unique opportunities to access generally restricted areas under certain conditions. Whether public land or private, because access is limited for safety and management reasons, these hunts can be high-quality experiences for a wide range of hunters,” said Brian Serpan, KDWP Public Lands Regional Supervisor. “The Special Hunts program does not guarantee a successful hunt or large numbers of wildlife, but it provides a great opportunity to introduce someone to hunting, explore a new area, and enjoy the Kansas outdoors.”

Both Kansas residents and non-resident hunters can apply, though some hunts are restricted to residents only. When applying online, hunters will select hunts by species, date, and one of four hunt type categories: open, youth, mentor, or disabled.

  • Open Hunts are available to all applicants with no age or experience restrictions.
  • Youth Hunts require each hunting party to include at least one hunter age 17 or younger, accompanied by a non-hunting adult age 18 or older. Some hunts may have more specific age requirements.
  • Mentor Hunts are designed for youth and novice hunters supervised by a licensed adult mentor age 18 or older. Both the novice and mentor may hunt, unless otherwise specified.
  • Disabled Hunts are intended for hunters with disabilities. Some hunts may have specific eligibility requirements.

The drawing of applicants will take place in early August, and all applicants will be notified by email in mid-August. Successful applicants will receive their hunt permit and any additional details via email.

Hunters are responsible for purchasing any licenses, permits, tags, or stamps required by law, and must have completed a certified Hunter Education course unless exempt. Nonresident deer hunters must have drawn a Kansas deer permit earlier in the year to be eligible for deer special hunts.

For more information about KDWP’s special hunts program, visit ksoutdoors.com/Hunting/Special-Hunts-Information.

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Government

Bo Co Commission Agenda Packet for June 30

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To view attachments to the agenda:

rCICCouncil

RptAll CLERK2

rCICCouncil

RptAll CLERK

6.27.25

6.25.25

6.24.25 SPECIAL

Bourbon County Commission Agenda

Bourbon County Commission Chambers, 210 S National Ave.

June 30, 2025, 5:30 PM

  1. Call Meeting to Order
    1. Roll Call
    2. Pledge of Allegiance
    3. Prayer – David Beerbower
  2. Approval of Agenda
  • Approval of Minutes from 06.23.25, 06.26.25, and 06.27.25
  1. Consent Agenda
    1. Approval of 06.24.25 Accounts Payable Totaling $14,309.50
    2. Approval of 06.25.25 Accounts Payable Totaling $46.32
    3. Approval of 06.27.25 Accounts Payable Totaling $280,889.82
    4. Approval of 06.27.25 Payroll Totaling $311,381.83
    5. Approval of 06.25.25 Payroll Totaling $323.37
  2. 2024 Audit Presentation – Emily Frank, Jarred, Gilmore & Phillips, PA
  3. Pursuant to KSA 75-4319 (b)(1) to discuss personnel matters of individual nonelected personnel to protect their privacy for job performance with ____________ attending and will return at _________PM in the commission chambers. – Beerbower
  • Pursuant to KSA 75-4319 (b)(1) to discuss personnel matters of individual nonelected personnel to protect their privacy for job performance with ____________ attending and will return at _________PM in the commission chambers. – Beerbower
  • Pursuant to KSA 75-4319 (b)(1) to discuss personnel matters of individual nonelected personnel to protect their privacy for job performance with ____________ attending and will return at _________PM in the commission chambers. – Eric Bailey
  1. Old Business
    1. Juvenile Detention– Beerbower
    2. Appraiser Contract – Matt Quick
    3. District 4&5 Term Limits – Clerk
    4. SEK Mental Health Resolution and Letter of Support– Milburn
    5. NRP Discussion-Matt Quick
    6. Courthouse Repairs
    7. Ealyn Taylor – Animal Control
    8. Zoning Recommendation-Beerbower
    9. Repeal Resolution 19-25
  2. Public Comments for Items Not on The Agenda
  3. New Business
    1. Turck Bypass Route-Matthew Wells
    2. Public Works Safety Audit – Dr. Cohen
    3. Fence Viewing Resolution-Beerbower
    4. Precinct Legal Descriptions-Susan Walker
    5. Commission Comments
  • Adjournment

 

Immediately following the meeting there will be a work session to discuss the Landfill.

 

Future business that has been tabled in past meetings or planned for future meetings:

  • Economic Development Direction
  • 911 Agreement
  • Precinct Legal Resolution

Doherty Health Benefits

Fort Scott, Government

Agenda for the FS City Commission on July 1

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NOTICE OF AND AGENDA FOR REGULAR

MEETING OF FORT SCOTT CITY COMMISSION

City Hall Commission Room – 123 S. Main Street, Fort Scott, KS 66701

July 1, 2025  –  6:00 P.M.

 

  1.     Call to Order/Roll Call
  2. Pledge of Allegiance

III.       Invocation

  1. Approval of Agenda
  2. Consent Agenda
  3. Approval of Appropriation Ordinance 1387-A – Expense Approval Report – Payment Dates of June 11, 2025 – June 24, 2025 – $489,151.22
  4. Approval of Minutes: Regular Meeting of June 17, 2025

 

  1. Public Comment

VII.      Appearances

  1. Ronette Center – Resolution No. 12-2025 Kansas Community Empowerment Program

 

VIII.   Unfinished Business

  1. Consideration to Approve Certificate of Appropriateness – 24 N. Main St. – La Hacienda – Front Door – Approved by SHPO June 12, 2025, and Recommended by Design Review Board June 20, 2025.
  2. Consideration to Amend Ordinance No. 3782 – AN ORDINANCE FOR THE PURPOSE OF ESTABLISHING THE FORT SCOTT HISTORIC PRESERVATION AND RESOURCE COMMISSION TO THE CITY CODE OF THE CITY OF FORT SCOTT, KANSAS – Approved June 17, 2025 – L. Dillon
  3. Discussion of CLG Process (next steps) – L. Dillon
  4. Consideration to Approve Purchase of Playground Surface for Nelson Park – $36,000.00 – Recommended by Parks Advisory Board on June 12, 2025 – Matkin
  5. Consideration to Approve Revised Employee Handbook and Adopt Ordinance No. 3783 – AN ORDINANCE REPEALING ORDINANCE NO. 3533, ADOPTING EMPLOYEE MANUAL – Tabled from June 17, 2025 – B. Matkin

 

  1. New Business

            Action Items:

  1. Consideration of Approval for City Manager to Sign Airport Taxiway KDOT Grant Documents for Project No. AV-2026-16 – Agreement No. 455-25
  2. Consideration of Temporary Street Closure – Coates Street from Elm to Mulberry – July 4, 2025 – 10:00AM – Midnight.
  3. Consideration of Resolution No. 14-2025 – RESOLUTION AND NOTICE OF HEARING WITH REFERENCE TO ALLEGED USAFE AND DANGEROUS STRUCTURE AT 18 S. HOLBROOK – Public Hearing Date of August 19, 2025.
  4. Consideration of Resolution No. 15-2025 – RESOLUTION AND NOTICE OF HEARING WITH REFERENCE TO ALLEGED USAFE AND DANGEROUS STRUCTURE AT 402 N. SHUTE – Public Hearing Date of August 19, 2025.
  5. Consideration of Resolution No. 16-2025 – RESOLUTION AND NOTICE OF HEARING WITH REFERENCE TO ALLEGED USAFE AND DANGEROUS STRUCTURE AT 205 LINCOLN – Public Hearing Date of August 19, 2025.
  6. Consideration of Resolution No. 17-2025 – RESOLUTION AND NOTICE OF HEARING WITH REFERENCE TO ALLEGED USAFE AND DANGEROUS STRUCTURE AT 102 N. BARBEE – Public Hearing Date of August 19, 2025.
  7. Consideration of Resolution No. 18-2025 – RESOLUTION AND NOTICE OF HEARING WITH REFERENCE TO ALLEGED USAFE AND DANGEROUS STRUCTURE AT 602 S. BARBEE – Public Hearing Date of August 19, 2025.
  8. Consideration of Resolution No. 19-2025 – RESOLUTION AND NOTICE OF HEARING WITH REFERENCE TO ALLEGED USAFE AND DANGEROUS STRUCTURE AT 505 CLARK – Public Hearing Date of August 19, 2025.

 

  1. Reports and Comments
  2. Adjourn
Bourbon County, Government

Bo Co Commission Special Meeting Today at 4 p.m.

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Bourbon County Commission Chambers, 210 S National Ave.

Special Meeting June 27, 2025, 4:00 PM

I. Call Meeting to Order
a. Roll Call
b. Pledge of Allegiance
c. Prayer
II. Pursuant to KSA 75-4319 (b)(1) to discuss personnel matters of individual nonelected personnel to
protect their privacy with ____________ attending and will return at _________PM in the
commission chambers.
III. Adjournment

EXECUTIVE SESSIONS – FORM OF MOTION

____ Pursuant to KSA 75-4319 (b)(1) to discuss personnel matters of individual nonelected personnel to protect their
privacy
____ Pursuant to KSA 75-4319 (b)(2) for consultation with an attorney for the public body of agency which would be
deemed privileged in the attorney-client relationship
____ Pursuant to KSA 75-4319 (b)(3) to discuss matters relating to employer/employee negotiations whether or not in
consultation with the representatives of the body or agency
____ Pursuant to KSA 75-4319 (b)(4) to discuss data relating to financial affairs or trade secrets of corporations,
partnerships, trust, and individual proprietorships
____ Pursuant to KSA 75-4319 (b)(6) for the preliminary discussion of acquisition of real estate
____ Pursuant to KSA 75-4319 (b)(12) to discuss matters relating to security measures, if the discussion of such matters at an open
meeting would jeopardize such security measures
The subject to be discussed during executive session: ________________________________________
State persons to attend
Open session will resume at _____ A.M./P.M. in the commission chambers.

Fort Scott, Government

Unapproved Minutes of the FS City Commission on June 17

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CITY OF FORT SCOTT CITY COMMISSION MEETING

 

 

Unapproved Minutes of June 17, 2025          Regular Meeting

 

A regular meeting of the Fort Scott City Commission was held  in the City Commission Meeting Room at City Hall, 123 S. Main Street, Fort Scott, Kansas. The meeting was streamed live on YouTube.

 

The meeting was called to order at 6:00PM. Roll call was taken. Commissioners Kathryn Salsbury, Tracy Dancer, Matthew Wells, and Dyllon Olson were present with Mayor Tim Van Hoecke (via Teams). Kathryn Salsbury officiated the meeting.

 

              In Attendance – Brad Matkin/City Manager, Bob Farmer/City Attorney, Jason Dickman/City Engineer-Earles Engineering & Inspections, Inc. (by phone), Chief Jason Pickert/FSPD, Mary Wyatt/Planning, Housing and Business Development Director, Lisa Dillon/Housing and Neighborhood Revitalization Coordinator, Bob Farmer/City Attorney, Tom Coffman/Public Works Director, Lisa Lewis/City Clerk, Cory Bryars/Care to Share, Kathy Dancer/Design Review Board, Taylor Bailey, Jennifer Gum-Fowler/Fort Scott Public Library Director, Kori Widder/Cub Scout Pack #114, Mark Bettis, Donald Luxon, Lee Hendricks, Jody Love/HBCAT, Martha Jane Gentry/Design Review Board.

 

SALSBURY led the Pledge of Allegiance and DANCER said a prayer asking God for guidance for the City, the citizens, and our Government and City officials.

 

Approval of Agenda – an amended agenda was submitted to include the addition of Consent Agenda item to approve the firework stands licenses for 2025 and move Item D/Unfinished Business – Employee Handbook to another date.

 

MOTION:  DANCER moved to amend the agenda as presented; remove Item D under Section 8/Unfinished Business – Consideration to approve a revised employee handbook until such time as the members of the Commission have time to review the final edits and changes requested during the work session. OLSON seconded.

 

MOTION CARRIED 5-0.

 

YouTube streaming was stopped and restarted due to no audio.

 

Consent Agenda

–  Approval of Appropriation Ordinance 1386-A – Expense Approval Report – Payment Dates of May 29, 2025 – June 10, 2025 – $1,258,853.46

–  Approval of Minutes:  Special Meeting of June 2, 2025 & Regular Meeting of June 3, 2025.

–  May Financials

–  Request to Pay – Earles Engineering & Inspection, Inc. – EEI Project No. 24-414 Horton St. & 6th St. Improvements – Invoice # 18032 – Payroll – $10,917.04

–  Final Approval of Revised Ordinance No. 3781 – Fireworks Discharge

–  Approval of Fireworks Stands Licenses: Jakes Fireworks 2229 S. Main St; Bellino Fireworks Kansas, Inc. 2400 S. Main St.; Jurassic Fireworks LLC 4500 Campbell Dr.

 

ACTION:  MATKIN will send the Commissioners a current ADM contract as requested by OLSON.

 

MOTION:  OLSON moved to approve the Consent Agenda as presented. VAN HOECKE seconded. OLSON, SALSBURY, WELLS and VAN HOECKE voted yes. DANCER voted no.

MOTION CARRIED 4-1.

 

Public Comment – No public comment.

 

Appearances

Cory Bryars/Care to Share addressed the Commission with a presentation regarding the Care to Share volunteers’ intake process and the scope of the work that they do for the community.

 

Taylor Bailey – Consideration to Approve as Fort Scott Library Board member as recommended by the Fort Scott Public Library Board.

MOTION:  WELLS moved to appoint BAILEY to the Fort Scott Library Board. DANCER seconded.

 

MOTION CARRIED 5-0.

 

Kori Widder/Cub Scout Pack #114 – Street Closure for  Soapbox Derby.

MOTION:  OLSON moved to approve the street closure of Horton Street from 18th Street to Circle Drive for July 5th with the specified time left up to the City Manager. OLSON amended his motion to allow for the street closure of Horton from 18th to Circle Drive for June 28th and July 5th for the times under the discretion of the City Manager. WELLS seconded.

 

MOTION CARRIED 5-0.

 

Mark Bettis, Lee Hendricks, and Donald Luxon/Bettis Construction appeared before the Commission to address concerns regarding last year’s project with the intention to come to a resolution. Concerns were raised were poor rideability, excessive noise, and inconsistent fog seal application. The city noted that the aggregate used was outside KDOT specifications—too large and excessively dusty—prompting a stop work order. LUXON acknowledged the material was out of spec but claimed it was undersized and that only the fog seal had failed due to dust. Residents reported widespread dust impacting vehicles and requested compensation, while the contractor admitted non-compliance and attempted cleanup. There is also confusion about whether the work was a true Cape Seal or just a Chip Seal with Fog Coat, with unapproved aggregate types contributing to noise and performance issues. Potential repairs include milling or applying a new Chip Seal layer, and a joint road inspection has been proposed. The City aims to resolve the issue collaboratively, with no further action taken without mutual agreement.

 

ACTION: MATKIN will facilitate a meeting to produce a resolution as stated by SALSBURY.

 

Tom Coffman/Public Works Director addressed the Commission to provide an update of the Public Works department.  Public Works includes two mechanics, a two-member brick crew, a two-member pothole patching crew, a maintenance team, one person operating the bucket truck, and two project teams, with all rotating the use of the street sweeper. The department is short, one mechanic and one laborer. In the past year, approximately 400 potholes were repaired, and the brick crew focused on fixing street depressions. Frequent rain makes pothole repairs challenging. Parking lot projects include a new gravel lot near the former Stout building and a planned lot on North Nashville. Intersection repairs, including brick streets, help preserve structural integrity. At Marine Pond, 8,000 state-funded fish were added, a water line was fixed, and grant plans are in place to renovate the rearing pond. At Rock Creek, dam maintenance and river access improvements for kayakers were completed. Public Works also support City events, handles flood traffic control, and maintains infrastructure like alleys, trees, banners, signals, culverts, and stormwater systems. Positive citizen feedback was received for alley repairs. Equipment purchases included dump trucks, rollers, a stump grinder, and a truck, with plans to acquire an oil distributor truck. Additional work includes road repairs near Horton, Gunn Park, and Fort Scott Lake, with crack filling done prior to chip sealing or overlays.

 

Mary Wyatt/Planning, Housing and Business Development and Jody Love/HBCAT addressed the Commission with a prepared presentation.  LOVE stated that a business retention and expansion survey conducted in Fort Scott received 34 responses, reflecting diverse community sectors. While 25% of businesses reported growth, 60% saw no change over the past two years. Major challenges in workforce recruitment and retention include childcare, housing shortages, poor work attitudes, and a lack of skilled labor, with 73% struggling to hire unskilled and semi-skilled workers. Businesses remain in the area due to local ties and central location, and 75% plan no facility expansion. Key barriers to growth include lack of skilled labor, affordable financing, and space, while interest in using Kansas-based suppliers is growing. Broadband internet quality has improved significantly, but housing and labor issues persist. Public services received positive reviews, while medical services and road maintenance remain unchanged. Businesses seek better communication from local and state governments, including updates on incentive programs, and support for workforce development, mentorships, and entrepreneurial resources. Efforts are underway to improve marketing, access to capital, and soft skills training, with programs involving schools, the city, and local organizations.

 

Unfinished Business

Consideration of Small Business Grant Incentive Program – Revised – M. Wyatt

Revisions to the Small Business Grant Incentive Program were made following a work session, with a consensus forming around a 25% match requirement. The program is focused on growing existing businesses rather than supporting startups, with concerns about accessibility for businesses that would benefit most. While adding employees is not required, retaining staff is encouraged, and eligibility is limited to businesses with (20) or fewer employees. Applications will be evaluated individually to ensure sufficient investment, with grants generally reimbursement-based unless approved for upfront funding. A business plan is mandatory, and receipts must verify eligible expenses. The program allocates $15,000 per quarter with a $10,000 cap per grant, allowing rollovers for strong applications not funded in the current cycle. The application scoring system has been restructured using a percentage-based model, and while application information is shared publicly, financial details remain private and reviewed only by commissioners, with applicants expected to be present to discuss their proposals.

 

MOTION:  WELLS motioned to move forward with the Small Business Grant Incentives Program as presented this evening.

 

OLSON clarified that the funds would come from Economic Development.

VAN HOECKE seconded.

 

MOTION CARRIED 5-0.

 

Consideration to Formally Adopt the Guidance Provided by the Kansas State Historic Preservation Office (SHPO) for the installation guidelines of murals – L. Dillon – Tabled from 5/20/2025 – The Design Review Board recommended that the City Commission consider adopting Kansas State Historic Preservation Office (SHPO) guidelines for murals in historic districts, as the current Design Review Guidelines lack specific mural regulations. This move would enforce review processes—particularly requiring a Certificate of Appropriateness—for any new murals within state, national, or locally recognized historic districts, but would not affect existing murals. The discussion arose from a recent mural request, highlighting that the board’s outdated 1993 guidelines do not address mural installations. While SHPO guidance is not state law, it emphasizes preserving historic building surfaces.

 

MOTION:  DANCER moved to adopt the Kansas SHPO guidelines for the installation of murals in the Fort Scott Historic District – at least the state and nationally recognized historic district. SALSBURY seconded. SALSBURY and DANCER voted yes. VAN HOECKE, OLSON and WELLS voted no.

 

MOTION FAILED 2-3.

 

Further discussion was had regarding options, but nothing was decided.

 

Consideration to Approve Revised Employee Handbook – MATKIN called attention to the Agenda Packet that included the edited handbook. The Commissioners stated they did see it in their agenda packet. SALSBURY stated it stands to be moved to a future agenda because they did not review it for the meeting.   

 

Consideration to Adopt Ordinance No. 3782 – AN ORDINANCE FOR THE PURPOSE OF ESTABLISHING THE FORT SCOTT HISTORIC PRESERVATION AND RESOURCE COMMISSION TO THE CITY CODE OF THE CITY OF FORT SCOTT, KANSAS – Continued from June 3, 2025

Kathy Dancer of the Design Review Board provided detailed feedback on Ordinance 3782, which proposes establishing the Fort Scott Historic Preservation and Resource Commission under the Certified Local Government (CLG) program. Key concerns included enforcement clarity, lack of definitions for critical terms, and the ordinance’s exemption of city projects from review. Ganser emphasized the importance of preserving historic elements like brick streets and called for coordination between the city and the Historic Resource Commission. Additional issues discussed included uncertainty about designating public streets as historic, the “red tag” enforcement process, and interior regulations. There were mixed opinions on CLG implementation, with concerns about consistent enforcement, potential burdens on city staff, and the preservation fund’s administration. Martha Jane Gentry/Design Review Board noted that there may be omissions under the definitions section that need to be clarified. Also noted was missing language on retaining consultants, questioned the ordinance’s origin (modeled on Independence, KS), and raised concerns about the impact on property owners and investment.

 

Discussion was had regarding revisions to the draft and concerns about implementing the CLG and the Main Street Program.

 

MATKIN left the meeting at 8:51PM and returned at 8:53PM.

 

MOTION:  WELLS motioned to move forward with adopting this Ordinance adding (7) members and eliminating on page (11) – Item E – that deals with the interior of the buildings and move forward with getting registered as a CLG. DANCER seconded. OLSON, SALSBURY, WELLS and DANCER voted yes. VAN HOECKE voted no.

 

MOTION CARRIED 4-1.

 

FARMER left the meeting at 9:05PM

 

New Business

           

Consideration of Street Closure for All Class Reunion – MATKIN met with Rhonda Dunn/Chairman of the All-Class Reunion to discuss the event on June 27 & 28, 2025. DUNNS submitted a request to close Main St. from 1st St. to 3rd on those days from 4PM Friday until 12:00AM Sunday. No crosswalks will be closed.

 

FARMER returned to the meeting at 9:07PM.

 

MOTION:  OLSON moved to approve the street closure for the Fort Scott High School All-School Reunion at Main Street from 1st to 3rd from June 27th at 4:00PM UNTIL June 28th at 12:00AM. WELLS seconded.

 

MOTION CARRIED 5-0.

 

Consideration to Approve Purchase of Playground Surface for Nelson Park – $36,000.00 – Recommended by Parks Advisory Board on June 12, 2025 – MATKIN requested that the item be put on the next agenda so the Commission could see all bids.

 

MOTION:  WELLS moved to table Item B/New Business until the next Commission meeting. OLSON seconded.

 

MOTION CARRIED 5-0.

 

Reports and Comments

CITY ATTORNEY – Requested an Executive Session.

 

MOTION:  WELLS moved that the City Commission recess into Executive Session for the purpose of discussion pursuant to the attorney-client privilege exception in K.S.A. 75-4319(b)(2). In the meeting will be the (5) Commissioners, the City Manager and the City Attorney. It will take place in the City Manager’s office. The open meeting will resume in the Commission Room at 9:16PM. OLSON seconded. (VAN HOECKE attended by phone).

 

MOTION CARRIED 5-0.

 

MOTION:  DANCER moved to come out of Executive Session. WELLS seconded.

 

MOTION CARRIED 5-0.

 

CITY MANAGER

– IT Phishing Exercise Results

– IT Budget will come out

– Mardi Gras Event, All-Class High School Reunion, Independence Day Event

– Severe Weather alert for the night

 

COMMISSIONER OLSON – No comment

 

COMMISSIONER DANCER

– IT concerns

 

OLSON left the meeting at 9:28PM and returned at 9:29PM

 

ACTION:  MATKIN will arrange for the suggested Executive Session on July 1, 2025

 

COMMISSIONER WELLS

– Requested a copy of the Franchise Agreement with Evergy (KG&E) – Concessions Agreement signed 40-50 years ago on purchase of their electricity.

– Commission will work together on IT issues

 

COMMISSIONER VAN HOECKE

– Comments on IT discussion

– Thank you to the Good Ol Days Committee, City staff, First Responders, vendors, and citizens

– Recognition of the 250th Anniversary of the Army and General Winfield Scott

 

COMMISSIONER SALSBURY – No comment

 

Adjourn

MOTION:  OLSON moved to adjourn the meeting at 9:53PM. WELLS seconded.

 

JUNE 17, 2025, MEETING ADJOURNED AT 9:53PM.

 

 

Submitted by Lisa A. Lewis, City Clerk