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Category Archives: Government
The Bourbon County Commission Minutes of April 8
April 8, 2024 Monday, 5:30 p.m.
The Bourbon County Commission met in open session with Commissioners Jim Harris and Clifton Beth and the County Clerk present.
Casey Brown with SEK-CAP, Robert Hixon, Jason Silvers, Michael Hoyt, Patty Ropp, Clint Walker, Rachel Walker, Brent M. Smith, and Joe Bisogno Jr. were present for some or all of the meeting.
Jim opened the meeting with the flag salute.
Clifton made a motion to approve the consent agenda which includes approval of minutes from 4-1-2024, approval of payroll totaling $296,979.09, and approval of accounts payable totaling $558,052.08. Jim seconded the motion and all approved.
Pete Owenby state he has consulted with an attorney on the solar panel farms and discussed home rule. Mr. Owenby said the commissioners could set regulations such as limiting the number of acres countywide and setting a minimum setback from homes. Mr. Owenby asked several questions of the Commissioners such as if there were any health studies on industrial solar farms done by independent 3rd party organizations and questioned future health issues that could be caused by the solar panels, how does the glare from solar farms affect neighbors, highways, and planes, and how much are the tax values going to change on industrial land since it will no longer be agricultural. Clifton stated that former Governor Sam Brownback passed a 10-year tax abatement. Jim said he would review home rule and stated the Commissioners signed a resolution a year ago at the request of citizens supporting the property rights of landowners.
Patty Ropp stated there will be a town hall meeting on Thursday at 6:30 p.m. at the Ellis Fine Arts Building at the college to discuss the ¼ cent sales tax. Another meeting will be held on March 24th at Uniontown City Hall to discuss the sales tax. Jim and Clifton discussed attending the meeting but ultimately decided not to go to allow the focus to be on the committee presenting the meeting.
David Beerbower stated that the Commissioners could make a resolution to outline setbacks and other regulations for all energy projects and not just solar projects. David said the Commissioners should look at the whole population and what we want not just the 27 landowners out of 14,000 residents who have signed up for solar farms.
Clint Walker discussed Medicaid expansion and questioned why Kansas has not voted to expand it.
Robert Harrington spoke to the commissioners and stated he was here speaking tonight as a Bourbon County resident and taxpayer who was concerned about false information that had been presented at prior meetings Mr. Harrington stated from a fiscal standpoint hosting solar farms could increase property value of 400 million dollars which would be a serious tax relief to our residents. Mr. Harrington discussed the strained electrical grid which will only get worse as our country grows and stated we should embrace solar and wind energy as a way to help alleviate some of that strain.
Casey Brown with SEK-CAP attended the meeting to be available if the Commissioners had any questions relating to the funding request that was tabled from last week’s meeting. SEK-CAP is asking for $3,000 to help fund general transportation services in Bourbon County. Clifton made a motion to approve $3,000 for SEK-CAP. Jim seconded the motion and all approved.
Susan Walker, CFO, discussed questions posed at a previous meeting regarding the additional distribution and the funds FSCC received. Susan said her position at the county is to review each fund for compliance after 5 years of audit violations. The goal for 2022 was to develop internal controls which she feels was accomplished as there was only one audit violation in 2022 and that was an inventory violation. Susan stated that Jennifer started as Clerk in January 2023, so Jennifer was unable to fix the 2022 violation, but that the Clerk ensured we were in compliance with our inventory for 2023 to avoid violations.
Susan said she has been working to find weaknesses in our internal control and day to day operations and that the Clerk, Treasurer, Appraiser, and herself are all working well together to identify issues and rectify them.
Susan said the additional distribution that was made this year stemmed from a TIF district that was created but did not go through, so tax money was going into the TIF fund and accumulating, but was not being pulled into the distributions. Money was sent to several organizations including Fort Scott Community College, Bourbon County, USD 234, and the City of Fort Scott.
Susan stated we’ve learned a lot and are working towards total transparency which is what we are trying to accomplish tonight by discussing these issues publicly.
Susan asked Patty Love, Matt Quick, and Jennifer Hawkins to join her to discuss the Neighborhood Revitalization Project. Susan said she wanted to start with explaining that the issues we are going to discuss are all from prior administrations that we have worked together to identify and correct.
Susan explained how the NRP process begins in the Appraiser’s office, would go to the Clerk’s office to check for accuracy and to be placed on the abstract, and end up in the Treasurer’s office where checks are issued for the abatements.
Susan said that those who participated in 2018 were not correctly listed in the abstract so some did not receive enough back for NRP and that the base values were not entered correctly.
Susan said it will be a very time-consuming process to calculate the correct rates for each NRP participant as she will have to do so manually, so she doesn’t have a dollar amount to present to the Commissioners yet.
Susan said she will need direction on how we move forward and understands that the Commissioners will need time to decide but that an option is to go to errors and omissions on insurance for the issue.
Susan stated she will need a few weeks as there are over 100 properties to look at and that will give the Commissioners time to think.
The commercial side of the NRP is going to be the biggest cost as one property she has looked at is approximately $10,000 off.
Clifton stated he will have a property that will be going on NRP soon and asked if the program is fixed for those new applicants, and Matt said yes it will be correct moving forward.
Jennifer Hawkins. County Clerk, discussed a KDHE public notice she received for the renewal of a NPDES Water Pollution Control permit for an existing facility at Maple Ridge Mobile Home Park. The public notice will be available in the Clerk’s office until May 4th for anybody who would like to see it or get in contact with the state with any questions or concerns they may have.
Jennifer stated the sales tax election will be held on May 14th with early voting beginning on May 6th at the courthouse. Anybody who is not registered to vote will need to do so by April 24th in order to vote in the sales tax election. Advance ballot applications would need to be submitted to the Clerk’s office by April 30th to receive a ballot for the sales tax election. If residents have already submitted a permanent ballot application, then they do not need to do anything further, a ballot will be sent to them as usual. Jennifer asked if the Commissioners wanted to track the results of the election by precinct or district and they stated no, that was not necessary.
Justin Meeks, County Counselor, requested a 5-minute executive session for on-going active litigation and potential litigation. Clifton made a motion to go into a 5-minute executive session under KSA 75-4319 (b)(2) for consultation with an attorney for the public body or agency which would be deemed privileged in the attorney-client relationship to include the two Commissioners and Justin Meeks and will return at 6:32. Jim seconded the motion and all approved. Clifton made a motion to resume normal session at 6:32 with no action. Jim seconded the motion and all approved.
Clifton said he is 100% against zoning and is not in favor of solar farms but that they cannot regulate some and not all. Clifton said we cannot do home rule that landowners could sue us and win since we would take away their right to earn money. Jim agreed stating he does not support zoning and that groups have asked us to support property rights of owners and that people can’t pick and choose because sooner or later they will be the neighbor.
Clifton made a motion to adjourn the meeting at 6:44. Jim seconded the motion and all approved.
THE BOARD OF COMMISSIONERS
OF BOURBON COUNTY, KANSAS
___________________, Chairman
___________________,Commissioner
ATTEST: ___________________, Commissioner
Jennifer Hawkins, Bourbon County Clerk
4-15-2024 Approved Date
Legislative Update by State Senator Caryn Tyson
April 12, 2024
Property Tax Relief was passed by the Senate in Conference Committee Report (CCR) 2096, but hit a brick wall in the House. The provisions include:
- Expand the property tax freeze for seniors and disabled veterans so more people qualify
- Eliminate personal property taxes on items not used for business purposes, such as off-road ATVs, 15,000 lbs. trailers, motorized wheelchairs, bicycles, scooters, watercraft, and golfcarts
- Veterans’ Valor property tax relief program providing for totally disabled and unemployable
- Provide the current year and a four-year lookback on property valuation notices
- Allow payment under protest and appealing valuation in the same year if new evidence is provided
- Establish government competition property tax exemption
- Clarify 1031 exchange, build-to-suit, or sale/leaseback are not used establishing fair-market value
Property tax provisions in CCR 2096 will help many, especially seniors in need and disabled veterans. However, the House believed inaccurate information that there are two provisions for the rich and big businesses. The government competition piece is to stop governments from running a business that directly competes with businesses. It is a problem and this legislation is a shot across the bow to try to stop this practice. It is narrowly crafted for day-cares, health clubs, and restaurants within a city or 5 mile radius, but will most likely be expanded to include hotels/motels at some point. Topeka City Council bought and is running a hotel. Taxpayer funded lobbyist, such as the Kansas County Commissioners and the League of Municipalities opposed the legislation, but they offer no solution. The business has to be in existence before the government started a competing business. The State Constitution exempts government from property taxes, so it makes sense to provide directly competing businesses the same benefit, until the government stops running or sells the business. The other provision taxpayer lobbyists are against is making it clear that the value of property should be considered, not the rent or income the property generates. Would you want your income to be considered in the value of your home? All of the provisions in the bill deal with property tax. The House voted to send CCR 2096 back to conference committee.
Leadership may or may not allow the conference committee to meet again and if not, the CCR will be lost this year unless the House does a motion to reconsider the first day we return for veto session. The House could pass the CCR and send it to the Governor, since it has passed the Senate 23 to 14. I voted Yes.
I agree that each bill should pass on its own, but all of this legislation did not pass both chambers, so the only chance for it to pass this year is in a CCR. The conference committee put legislation together in CCRs by topics – property tax, sales tax, administrative, pro-life, and such. The only tax committee CCR that did not pass both chambers was CCR 2096.
I have worked diligently on provisions in this CCR, property tax relief for seniors, disabled veterans, and the personal property tax exemptions for all. Let’s hope we don’t lose the CCR and that the House or the Governor doesn’t throw the “baby out with the bathwater”, and focus on all the good in this CCR.
Governor’s Veto Pen could break last year’s record number of 17. There was also a record number of veto overrides last year. Because the last day of session was early, there wasn’t a chance to override all of the vetoed legislation and that could happen this year, including CCR 2096 if the House were to pass it. There was an attempt to override 14 of the 17 last year. Eight of the overrides were successful. There have been 6 vetoes this year: 2436, making it unlawful to force an abortion; 2446, making it unlawful to ban plastic bags; 2749, requiring reporting of each abortion; 2648, requiring impact statements of rules and regulations that have the force of law; 233, prohibiting sex changes of minors; and 434, exempting sugaring hair removal from cosmetology requirements. It takes 2/3 majority in each chamber to override a veto.
It is an honor and a privilege to serve as your 12th District State Senator.
Caryn
Unofficial Minutes of the Uniontown City Council for April 9
The Regular Council Meeting on April 9, 2024 at Uniontown City Hall, was called to order at 7:02PM by Mayor Jurgensen. Council members present were Jess Ervin, Danea Esslinger, and Mary Pemberton. Also in attendance for all or part of the meeting were Heather Jackson, Danny Taylor, Codes Officer Doug Coyan, City Treasurer Charlene Bolinger, City Superintendent Bobby Rich and City Clerk Sally Johnson.
SPECIAL CONSIDERATIONS/PROJECTS
CITIZENS REQUEST
Heather Jackson turned in an Application for Placement of Mobile Home at 405 Hill St. After discussion:
Motion by Ervin, Second by Esslinger, Approved 3-0 to approve the Application for Placement of Mobile Home at 405 Hill St.
Danny Taylor asked if he could put up new No Parking, Loading/Unloading Zone signs at each drive of his storage units. After discussion, the city will provide the signs of his choice. He also asked about the size of rock to dress up his drives.
FINANCIAL REPORT
Treasurer Bolinger presented the March 2023 Treasurer’s Report. Beginning Checking Account Balance for all funds was $268,423.36, Receipts $61,625.33, Transfers Out $3,026.00, Expenditures $52,175.70, Checking Account Closing Balance $274,846.99. Bank Statement Balance $281,085.53, including Checking Account Interest of $60.89, Outstanding Deposits $0, Outstanding Checks $6,238.54, Reconciled Balance $274,846.99. Water Utilities Certificates of Deposit $37,243.06, Sewer Utilities Certificate of Deposit $21,264.85, Gas Utilities Certificates of Deposit $39,027.01, Total All Funds, including Certificates of Deposit $372,381.91. Year-to-Date Interest in Checking Acct is $173.43, and Utility CDs $436.08 for a Total Year-to-Date Interest of $609.51. Also included the status of the Projects Checking Account for the month of March 2023, Beginning Balance $0, Receipts $0, Expenditures $0, Ending Balance $0. March Transfers from Sewer Utility Fund to Sewer Revolving Loan $1,402.00; from Water Utility Fund to GO Water Bond & Interest $1,624.00 for Total Transfers of $3,026.00. Net Income for the month of March $6,423.63, Year-to-Date Net Income $39,367.79. Budget vs Actual Water Fund YTD Revenue $26,687.77 (21.6%), Expenditures $31,016.80 (19.1%); Sewer Fund YTD Revenue $8,651.07 (23.4%), Expenditures $8,728.22 (20.7%); Gas Fund YTD Revenue $59,321.33 (40.5%), Expenditures $32,371.80 (18.2%); General Fund YTD Revenue $75,848.78 (46.2%), Expenditures $52,497.08 (25.9%); and Special Highway YTD Revenue $2,077.58 (28.6%), Expenditures $0 (0%). The April 2024 payables to date in the amount of $44,672.83 were presented. The invoices from KMGA, Homestead Tech, Phillips 66, and Ag Engineering have not been received at noon meeting day.
CONSENT AGENDA
Motion by Ervin, Second by Pemberton, Approved 3-0, to approve Consent Agenda:
- Minutes of March 12, 2024 Regular Council Meeting, March 19, 2024 Special Council Meeting, and March 25, 2024 Special Council Meeting
- Treasurer’s Report, Monthly Transaction Report & Accounts Payables
DEPARTMENT REPORTS
City Superintendent Rich presented a quote from USDI to replace 4 gas system valves that are getting hard to turn. Council requested he get two more quotes before taking action.
Codes Enforcement Officer Doug Coyan discussed various projects being completed around town. He asked for the Junk Vehicle ordinance as he will be visiting some locations. He submitted a letter to Clerk Johnson to be put in the newsletter and on the webpage.
Clerk Johnson informed the Council that Bourbon County Commission has scheduled a special election for May 14, our next meeting date. Polls are open 7AM to 7PM. She asked if our meeting needed moved or if we would ask county to find another venue.
Motion by Pemberton, Second by Ervin, Approved 3-0 to change our meeting time on May 14, 2024 to 7:30PM
Motion by Ervin, Second by Pemberton, Approved 3-0 to enter in to executive session pursuant to non-elected personnel matters exception, KSA 4319(b)(1), in order to review applications of non-elected personnel, the open meeting to resume at 8:25PM
Open meeting resumed at 8:25PM.
Motion by Ervin, Second by Esslinger, Approved 3-0 to call a Special Meeting to enter into executive session to interview non-elected personnel applicants on April 17, 2024 at 5:45PM.
COUNCIL REPORT
Councilman Ervin – nothing
Councilwoman Esslinger – nothing
Councilwoman Kelly – absent
Councilwoman Pemberton – asked if the bench near where the horseshoe pitch area can be moved. It is set in concrete.
Councilman Stewart – absent
Mayor Jurgensen – nothing
OLD BUSINESS
Pond Project – final paperwork has been submitted to Don George, KDWPT. Project finished under budget.
Pickleball Court Placemaking Project – discussed the painting of the lines for the court and bench placement.
Warehouse project – Another contractor was contacted for a quote to fill in the scales. He does not have time for the project. No response from attorney on process to sell the Weed Barn to offset cost of refurbishing the warehouse as discussed last month.
Motion by Ervin, Second by Esslinger, Approved 3-0 to hire Rogers and Sons to fill in the scales at the warehouse.
NEW BUSINESS
Mayor Jurgensen stated that Bettis Asphalt will be putting a temporary asphalt plant in Bourbon County this summer and has a job on 54 Highway and in Bronson. They will be in town to repair any areas that were asphalted last year. He suggested that the council review the streets and designate which areas of need for this year. Clerk Johnson will email them with approximate amount available for street resurfacing.
Moved by Pemberton, Second by Ervin, Approved 3-0, to adjourn at 9:01PM
Amended Bourbon County Commission Agenda for April 15
Bourbon County Courthouse
210 S. National Ave Fort Scott, KS 66701 Phone: 620-223-3800
Fax: 620-223-583
Attachment:
Bourbon County, Kansas
1st District Commissioner
Jim Harris, Chairman
2nd District Commissioner
Clifton Beth
3rd District Commissioner
Bourbon County Commission Agenda 210 S. National Ave.
Fort Scott, KS 66701
April 15, 2024 5:30 p.m.
- Call Meeting to Order
- Flag Salute
- Approval of Consent Agenda
- Approval of Minutes from 4/8/2024
- Approval of Accounts Payable Totaling $13,848.18
- Public Comments
- Cherri Walrod-CORE Community Program Update
- Charles Gentry-Citizens for ER Committee
- Discussion of Solar Panel Farms
- Eric Bailey, Public Works Director- 2024 Hard Surface Road Plan
- Jennifer Hawkins, County Clerk
- Executive Session KSA 75-4319 (b)(2)
- KDHE Public Notice
- KDOT District Meeting
- KCAMP Documents
- Commission Comments
- Adjourn Meeting
Executive Session Justifications:
KSA 75-4319 (b)(1) to discuss personnel matters of individual nonelected personnel to protect their privacy.
KSA 75-4319 (b)(2) for consultation with an attorney for the public body or agency which would be deemed privileged in the
attorney-client relationship.
KSA 75-4319 (b)(3) to discuss matters relating to employer/employee negotiations whether or not in consultation with the
representative(s) of the body or agency.
KSA 75-4319 (b)(4) to discuss data relating to financial affairs or trade secrets of corporations, partnerships, trust and individual proprietorships
KSA 75-4319 (b)(6) for the preliminary discussion of the acquisition of real property.
KSA 75-4319 (b)(12) to discuss matters relating to the security measures, if the discussion of such matters at an open meeting
would jeopardize such security measures.
Uniontown City Council Special Meeting is April 17
The Uniontown City Council will hold a special meeting on April 17 at 5:45 p.m. at city hall.
CALL TO ORDER AT _________ by __________________________________________
ROLL CALL:
____ Jess Ervin ____ Danea Esslinger ____ Amber Kelly ____ Mary Pemberton ____ Bradley Stewart
Motion by _____________, Second by __________, Approved ______, to enter into executive session pursuant to non-elected personnel exception, KSA 75-4319(b)(1), in order to interview applicants of non-elected personnel, the open meeting to resume at ____________.
Bo Co Commission Agenda for April 15
Bourbon County Courthouse
210 S. National Ave Fort Scott, KS 66701 Phone: 620-223-3800
Fax: 620-223-583
Bourbon County, Kansas
Attachments:
Financial Review Accounts Payable 4-10-2024
1st District Commissioner
Jim Harris, Chairman
2nd District Commissioner
Clifton Beth
3rd District Commissioner
Bourbon County Commission Agenda 210 S. National Ave.
Fort Scott, KS 66701
April 15, 2024 5:30 p.m.
- Call Meeting to Order
- Flag Salute
- Approval of Consent Agenda
- Approval of Minutes from 4/8/2024
- Approval of Accounts Payable Totaling $13,848.18
- Public Comments
- Cherri Walrod-CORE Community Program Update
- Charles Gentry-Citizens for ER Committee
- Eric Bailey, Public Works Director- 2024 Hard Surface Road Plan
- Jennifer Hawkins, County Clerk
- Executive Session KSA 75-4319 (b)(2)
- KDHE Public Notice
- KDOT District Meeting
- KCAMP Documents
- Incompatibility of Office Clarification
- Commission Comments
- Adjourn Meeting
Executive Session Justifications:
KSA 75-4319 (b)(1) to discuss personnel matters of individual nonelected personnel to protect their privacy.
KSA 75-4319 (b)(2) for consultation with an attorney for the public body or agency which would be deemed privileged in the
attorney-client relationship.
KSA 75-4319 (b)(3) to discuss matters relating to employer/employee negotiations whether or not in consultation with the
representative(s) of the body or agency.
KSA 75-4319 (b)(4) to discuss data relating to financial affairs or trade secrets of corporations, partnerships, trust and individual proprietorships
KSA 75-4319 (b)(6) for the preliminary discussion of the acquisition of real property.
KSA 75-4319 (b)(12) to discuss matters relating to the security measures, if the discussion of such matters at an open meeting
would jeopardize such security measures.
Kelly Perry: Kansas State Food Fellow Offers Free Workshop For Local Food Sellers
Kelly Perry answered a job ad from the Healthy Bourbon County Action Team posting in October, 2023 for a local food fellow position.
“I was so excited and quickly applied and in January was interviewed by Amanda Lindahl, Local Food System Program Coordinator with Kansas State, and Rachel Carpenter with HBCAT,” she said. ” I love food, small business, and local so this was right up my alley. The duties were pretty vast for an 18-week program that is brand new across the state…and I landed this awesome opportunity!”
“As part of my job duties, I am required to hold an educational workshop,” she said. “I wanted to focus on food labeling at the farmers market. I know our local Fort Scott Farmers Market is growing like crazy, pun intended. I figured it would be a great topic for people to learn what the state requires at pop-up shops, festivals, bake sales, and farmers’ markets. I also wanted to cover the proper food licenses required by the state.”
“The main reason for this is that I receive about three calls, texts, or messages a week asking food-related questions from everyday people who own, run, or are thinking of starting a business full-time, part-time, or occasionally,” she said.
Kelly and her husband Thadeus Perry own Perry’s Pork Rinds and Country Store in Bronson.
“People know me and know I’m willing to help if I can,” she said. “Sometimes people get intimidated or scared of the inspectors or do not know who to contact to ask the questions so that leads them to me. I, for one, have had to attend countless seminars, online Zoom meetings, and hours of reading to learn about my family’s business Perry’s Pork Rinds, and our food laws and regulations.”
“I remember having the state Inspector show up at our front door needing to look over our home-based business back in 2018,” Perry said. “I remember the federal meat inspector showing up as well, due to the product we make being a meat product. I cried each time someone would flash their badge at the front door and I’d panic. After years of visits, and our yearly renewal inspections I came to realize food inspection, safety, and visits were not intimidating or anything to be scared of.”
“They had a job to do and if we were doing something wrong they would answer questions and tell us what to do to fix it and be in compliance,” she said. ” It’s in the state’s best interest to HAVE business in operation and to generate revenue. They want the businesses but they also have standards and regulations to help keep us all safe, both the consumer as well as the producer.”
“I figured a food license discussion would help so many who were just unsure, curious or didn’t know where to start,” she said.
The workshop is FREE to anyone from any part of the state, from 6-8 p.m. at the HBCAT offices, 104 N. National Avenue on Monday, April 15.
“We ask that you register so we can make sure to have enough handouts and packets created,” she said.
“We are so fortunate to have From the Land of Kansas’s very own Robyn Dolby attend and present a slide show and answer questions,” Perry said. “We will also have the K-State Local Food System Program Coordinator Amanda Lindahl coming to discuss the Local Food Fellow Program as well.”
“My goal with this Local Food Fellow position and HBCAT goal is to provide knowledge, access to resources, and networking,” she said. “We can then grow as producers, growers, suppliers, and a community! HBCAT always has the saying Stronger Together and it is just that simple.”
FB Workshop Event Link: https://www.facebook.com/
A description for the position she accepted is
– Update the Bourbon County Wholesale Food Directory
– Create a storytelling campaign on food-related business.
– Organize an Educational Workshop in Bourbon County.
– Complete the final report to be submitted to the K-State Research and Extension Local Food Systems Program Coordinator
Governor Kelly Vetoes Bills, Allows One to Become Law Without Signature
TOPEKA— Governor Laura Kelly today vetoed Substitute Bill for Senate Bill 233, House Bill 2749, Substitute Bill for House Bill 2436, Senate Bill 434, House Bill 2446, and House Bill 2648. Governor Kelly also allowed Senate Bill 394 to become law without her signature.
The following veto message is from Governor Kelly regarding her veto of Substitute Bill for Senate Bill 233:
“This divisive legislation targets a small group of Kansans by placing government mandates on them and dictating to parents how to best raise and care for their children. I do not believe that is a conservative value, and it’s certainly not a Kansas value.
“To be clear, this legislation tramples parental rights.
“The last place that I would want to be as a politician is between a parent and a child who needed medical care of any kind. And, yet, that is exactly what this legislation does.
“If the legislature paid this much attention to the other 99.8% of students, we’d have the best schools on earth.
“Therefore, under Article 2, Section 14(a) of the Constitution, I hereby veto Substitute Bill for Senate Bill 233.”
The following veto message is from Governor Kelly regarding her veto of House Bill 2749:
“Kansans spoke loud and clear in August 2022. Voters do not want politicians getting between doctors and their patient by interfering in private medical decisions.
“House Bill 2749 is invasive and unnecessary. There is no valid medical reason to force a woman to disclose to the legislature if they have been a victim of abuse, rape, or incest prior to obtaining an abortion. There is also no valid reason to force a woman to disclose to the legislature why she is seeking an abortion.
“I refuse to sign legislation that goes against the will of the majority of Kansans who spoke loudly on August 2, 2022: Kansans don’t want politicians involved in their private medical decisions.
“There are some in the legislature who have forgotten that. I have not. Therefore, under Article 2, Section 14(a) of the Constitution, I hereby veto House Bill 2749.”
The following veto message is from Governor Kelly regarding her veto of Substitute Bill for House Bill 2436:
“While I agree that no one should be coerced into undergoing a medical procedure against their will, it is already a crime to threaten violence against another individual.
“Additionally, I am concerned with the vague language in this bill and its potential to intrude upon private, often difficult, conversations between a person and their family, friends, and health care providers. This overly broad language risks criminalizing Kansans who are being confided in by their loved ones or simply sharing their expertise as a health care provider.
“Therefore, under Article 2, Section 14(a) of the Constitution, I hereby veto Substitute Bill for House Bill 2436.”
The following veto message is from Governor Kelly regarding her veto of Senate Bill 434:
“I have serious concerns that deregulating sugaring — a hair removal technique that may be performed on minors — could lead to safety and sanitation problems. We have a responsibility to protect Kansans – and this deregulation would threaten the health and safety of Kansans – particularly our children.
“Under the purview of the Kansas Board of Cosmetology, sugaring practitioners are required to adhere to the same health and safety standards as other cosmetologists and estheticians. They are subject to criminal background checks and training prior to the successful completion of exams to earn state licensure. Deregulating sugaring risks contamination, improper infection control, and potential safety issues involving minors. I am not willing to undermine the Kansas Board of Cosmetology’s expertise or threaten the long-term health and safety of Kansans who receive sugaring services.
“Therefore, under Article 2, Section 14(a) of the Constitution, I hereby veto Senate Bill 434.”
The following veto message is from Governor Kelly regarding her veto of House Bill 2446:
“I believe in local control and that local officials should be held accountable by their constituents, stakeholders, and businesses. This bill lacks sufficient protection to ensure local units of government are able to play a meaningful role in decision making on issues impacting their communities.
“Therefore, under Article 2, Section 14(a) of the Constitution, I hereby veto House Bill 2446.”
The following veto message is from Governor Kelly regarding her veto of House Bill 2648:
“House Bill 2648 would insert bureaucratic red tape intended to legislatively interfere with the timely implementation of necessary and important rules and regulations. Many of these regulations are for the protection and safety of Kansans.
“Kansans voted no to giving the legislature veto power over rules and regulations in the November 2022 election. This is yet again another attempt by the legislature to undermine the will of the voters.
“Therefore, under Article 2, Section 14(a) of the Constitution, I hereby veto House Bill 2648.”
The following statement is from Governor Kelly regarding allowing Senate Bill 394 to become law without her signature:
“While well-meaning in its efforts to protect children from content the legislature considers ‘harmful to minors,’ this bill is vague in its application and may end up infringing on constitutional rights, which is an issue being litigated in other jurisdictions over similar bills. For that reason, I will allow this bill to become law without my signature.”
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April 16 Agenda for the FS City Commission
NOTICE OF AND AGENDA FOR REGULAR
MEETING OF FORT SCOTT CITY COMMISSION
City Hall Commission Room – 123 S. Main Street, Fort Scott, KS 66701
April 16, 2024 – 6:00 P.M.
- Call to Order
- Roll Call
Matthew Wells, Tim VanHoecke, Melissa Guns, Dyllon Olson, Tracy Dancer
III. Pledge of Allegiance – T. Dancer/Mayor
- Invocation – M. Wells/Commissioner
- Proclamation – Spencer Lee
- Approval of Agenda
VII. Consent Agenda
- Approval of Appropriation Ordinance 1358-A – Expense Approval Report – Payment Dates – March 27, 2024 – April 9, 2024 – $464,041.39
- Approval of Minutes from April 2, 2024, and March 26, 2024, Special Meeting.
- Request to Pay – Hofer, Hofer & Associates – Application No. 1 – Gunn Park Shower House and Restroom – Current Amount Due – $58,065.30
- Request to Pay – Environmental Process Equipment Company (EPEC) – Cell #2 -Phase 2 Aeration Upgrade – Final Retainage – 10% of Total – $82,661.80 – Flater
- Request to Pay – Ray Lindsey Company – 55% Due With Shipment (per contract) – Invoice #2024084 – Supply and Removal of Smith & Loveless Grit Equipment – $333,856.05 – S. Flater
- Request to Pay – Schneider Electric – Invoice #0001010681 – Client Service Contract – April 1, 2024 – March 31, 2025 – $12,543.00.
- March Financials
VIII. Public Comment – Sign up required before the beginning of the meeting on register at the entrance of the Commission Room. Public Comments are for any topic not on the agenda and limited to five (5) minutes per person, at the Commission’s discretion.
- Appearances – Must be scheduled with the City Clerk at least (1) week prior to the meeting you
wish to address the Commission. You will be scheduled on the agenda to speak on your topic.
- Payton Coyan – Temporary Street Closure – Luau Event – May 18, 2024 – 10:00AM
to 11:00PM – North National to Oak – Market Street, North National to Old Fort Blvd. to North Main and Old Fort Blvd (alley entrance).
- Cherri Walrod – Core Community Bourbon County
- Scott Christiansen/Transportation Director, Jamey Whitney/CEO and Casey Brown/Community Engagement Coordinator – BB Go Transportation – Southeast Kansas Community Action Program, Inc. (SEK-CAP).
- Diane Striler and Cory Bryars
- Old Business
- RESOLUTION NO. 12-2024 – RESOLUTION DIRECTING THE REPAIR OR REMOVAL OF AN ALLEGED UNSAFE AND DANGEROUS STRUCTURE AND ACCESSORY STRUCTURE – KNOWN AS (110 W. OAK), FORT SCOTT, KS 66701 – Tabled from April 2, 2024 – Owner to return with requested information for the Commission.
- Vacate Old Ford Street – Tabled April 2, 2024, for further information
- Discussion of Tourism Grant – B. Matkin
- New Business
- Public Hearings
- CASE NO. 1045 – Zoning Change C2 to R2 – Requested by Jason Marbery – Intended use is to build four (4) duplexes – Recommended by Planning Commission March 27, 2024.
- Action Items
- Consideration of Purchase – Two (2) New Teledyne Ozone Analyzers (Teledyne API M465H) – $15,120.00 – S. Flater
- Consideration of Addendum No. 2 – Wastewater Evaluation and Design Contract – Project No. 21-303 – Additional Consultant Services from Earles Engineering & Inspection, Inc. to Finalize Plans and Bidding for the Davis Lift Station overflow pump and force main – $18,000.00 – J. Dickman
- Consideration of Inspection Proposal – Earles Engineering & Inspection, Inc. – Project No. 22-049 – Horton & 6th Streets – KDOT Cost Share Project – J. Dickman
- Consideration of Bids – Project No. 22-049 – Horton & 6th Streets – KDOT Cost Share Project – J. Dickman
XII. Reports and Comments
- City Manager Comments – Land Bank (Staff Request submitted by M. Wyatt)
- Engineering Comments
- Commissioners Comments
- City Attorney Comments
XIII. Executive Session
XIV. Adjourn
Minutes of the FS City Commission Meeting on April 2
CITY OF FORT SCOTT
CITY COMMISSION MEETING
Minutes of April 2, 2024 Regular Meeting
The regular meeting of the Fort Scott City Commission was held April 2, 2024, at 6:00PM in the City Commission Meeting Room at City Hall, 123 S. Main Street, Fort Scott, Kansas. (Time stamps according to YouTube recording of meeting).
Roll Call
Commissioners Matthew Wells, Tim VanHoecke, Melissa Guns (via phone/arrived at 6:19PM), and Dyllon Olson were present with Mayor Tracy Dancer.
Pledge of Allegiance and Invocation
- Dancer led the Pledge of Allegiance and B. Matkin said a prayer asking God for guidance for the City, our Government and City officials.
Audience in Attendance – Brad Matkin/City Manager, Bob Farmer/City Attorney, Jason Dickman/City Engineer-Earles Engineering, Norm Nation/Lead Codes Enforcement Inspector, Jason Pickert/Chief of Police, Bob Farmer/City Attorney, Lisa Lewis/City Clerk, Diane Striler, Cory Bryars, Scott Dennis, Kristen Dennis, Becky Halsey, Steve Buerge, Lindsay Madison, Denise Doherty, Don George/Kansas Department of Wildlife and Parks,
Approval of Agenda
The City Clerk presented a written request for (2) amendments to the Agenda: 1) Remove approval of minutes for the March 26, 2024, Special City Commission Meeting from the Consent Agenda; 2) Removal of Resolution No. 11-2024/Repair or Removal of a Dangerous Structure known as 323 W. Wall (requested by L. Kruger/Codes) from Public Hearings.
- VanHoecke asked for clarification regarding Resolution No. 11-2024 – Resolution to Repair or Remove a Dangerous Structure known as 323 W. Wall St. being removed from the agenda under Public Hearing. N. Nation did not know the details.
ACTION: B. Matkin stated that he would speak with L. Kruger for information on the status of 323 W. Wall Street.
MOTION: T. VanHoecke moved to approve the agenda with the amendments of removing approval of minutes for the March 26, 2024, Special City Commission Meeting, and removal of the Public Hearing of Resolution No. 11-2024 (323 W. Wall). D. Olson seconded the motion. All voted yes.
MOTION CARRIED BY 5-0 VOTE.
Consent Agenda
– Approval of Appropriation Ordinance 1357-A – Expense Approval Report – Payment Dates March 3, 2024 – March 26, 2024 – $3,611,990.06.
– Approval of Minutes from March 19, 2024.
– RESOLUTION NO. 14-2024 – RESOLUTION AND NOTICE OF HEARING WITH REFERENCE TO ALLEGEDUNSAFE AND DANGEROUS STRUCTURE (AND ACCESSORY STRUCTURE) PARCEL #006-119-30-0-30-25-010-00-0 LEGALLY DESCRIBED AS FORT SCOTT, LOT 8 BLK 132 IN BOURBON COUNTY, IN THE CITY OF FORT SCOTT, KANSAS, OTHERWISE KNOWN AS (314 S. EDDY), FORT SCOTT, KS 66701.
– RESOLUTION NO. 15-2024 – RESOLUTION AND NOTICE OF HEARING WITH REFERENCE TO ALLEGED UNSAFE AND DANGEROUS STRUCTURE (AND ACCESSORY STRUCTURE) PARCEL #006-119-30-0-30-27-002-00-0 LEGALLY DESCRIBED AS FORT SCOTT, S 25’ LOT 4 BLK 130 IN BOURBON COUNTY, IN THE CITY OF FORT SCOTT, KANSAS, OTHERWISE KNOWN AS 306 S. LOWMAN, FORT SCOTT, KS 66701.
- VanHoecke clarified that $3,000,000.00 of the Expense Report total reported in the Consent Agenda was for the money reinvested in CDs with UMB Bank and was not money spent.
- Wells clarified that Resolution No. 14-2024 and Resolution No. 15-2024 were approval to begin the demolition process on the properties.
MOTION: T. VanHoecke moved to approve the Consent Agenda. D. Olson seconded the motion. All voted yes.
MOTION CARRIED 5-0 VOTE.
Public Comment – No Public Comments.
Appearances
Dakota Rusk – Request for Temporary Park Closure – Rumble on the Bricks – Community Car Show – April 21, 2024 – 12:00PM-3:00PM (Time stamp – 6:20)
- Matkin represented D. Rusk’s request. D. Rusk was not present.
MOTION: M. Wells moved to approve the request for the Temporary Park Closure as requested. M. Guns seconded the motion. All voted yes.
MOTION CARRIED BY 5-0 VOTE.
Don George/Kansas Department of Wildlife and Parks – Lake Fort Scott Fish Hatchery and Rearing Pond (Time stamp – 7:29) – D. George explained the process and purpose of the Rearing Pond at the lake due to citizen concerns regarding water usage during the drought conditions.
- Guns joined the meeting in the Commission Room at 6:19PM (Time stamp – 17:19)
NO ACTION TAKEN.
Diane Striler and Cory Bryars – Downtown Community Ice-Skating Rink (Time stamp 20:36) – They presented requested operating numbers and answered further questions from the Commission.
- Dancer left the meeting at 6:37PM (Time stamp 37:34)
- Dancer returned to the meeting at 6:38PM (Time stamp 38:23)
Further discussion was had regarding the proposed Community Ice Skating Rink.
MOTION: D. Olson moved to table to consideration under the Pavilion for (6) months.
MOTION DIED DUE TO LACK OF A SECOND.
MOTION: M. Wells moved that the City receive the gift of $40,000.00 and take ownership with a clarification that this organization will maintain and take care of all the incidentals, they will hire the people to run it, will only be ours to go under our insurance, will be allowed to go under the pavilion for the benefit of our community.
- Dancer asked M. Wells if he would consider amending his motion.
AMENDMENT: M. Wells amended his motion to include that the Commission would like to see a copy of the agreement (MOU), before we sign off on everything. M. Guns seconded the motion.
- Olson stated he had an amendment to the motion – that it is not located under the Pavilion.
- Wells stated that there was a motion and a second, so he called for a vote.
- Wells and M. Guns voted yes. T. VanHoecke, D. Olson and T. Dancer voted no.
MOTION DEFEATED BY 3-2 VOTE.
MOTION: D. Olson moved to table consideration of this item under the Pavilion for (6) months.
MOTION DIED DUE TO LACK OF A SECOND.
ACTION: Commissioners agreed to review an MOU provided by D. Striler and C. Bryars when it is completed.
Carissa Bowman/Owner of Brickstreet BBQ was recognized by the Chair (Time stamp 57:29) and spoke in support of the ice rink and its desired location under the Fort Scott Pavilion.
New Business
MOTION: T. VanHoecke moved to open the Public Hearing for the request to vacate Old Ford Street at 7:07PM. M. Wells seconded the motion. All voted yes.
MOTION CARRIED BY 5-0 VOTE.
PUBLIC HEARING OPENED AT 7:07PM.
REQUEST TO VACATE OLD FORD STREET – Scott and Kristen Dennis – Property described as: 60’ x 150’ OF FORD STREET LOCATED BETWEEN LOTS 7-12, BLOCK 3, TALLMAN 1ST ADDITION, MORE COMMONLY KNOWN AS 60’ X 150’ OF FORD STREET IN THE CITY OF FORT SCOTT, BOURBON COUNTY, KANSAS.
- Nation stated that due to an error on his part, a house was built on a street. Scott and Kristen Dennis are requesting that the City vacate the street. S. Dennis stated that the land was not surveyed prior to the house being built.
MOTION: T. VanHoecke moved to close the Public Hearing at 7:16PM. D. Olson seconded the motion. All voted yes.
MOTION CARRIED BY 5-0 VOTE.
PUBLIC HEARING CLOSED AT 7:16PM.
MOTION: M. Wells moved to table the decision to vacate to obtain clarification. T. VanHoecke seconded the motion. All voted yes.
MOTION CARRIED BY 5-0 VOTE
MOTION: T. VanHoecke moved to open the Public Hearing for the consideration of Resolution No. 12-2024 at 7:24PM. D. Olson seconded the motion. All voted yes.
MOTION CARRIED BY 5-0 VOTE.
PUBLIC HEARING OPENED AT 7:24PM.
RESOLUTION NO. 12-2024 – RESOLUTION DIRECTING THE REPAIR OR REMOVAL OF AN ALLEGED UNSAFE AND DANGEROUS STRUCTURE AND ACCESSORY STRUCTURE – PARCEL #006-119-30-0-20-23-00300-0-01 LEGALLY DESCRIBED AS F-15 FORT SCOTT, PT LOTS 2 & 4 BLK 67 BEG NW COR LOT 2 POB E 36.6’ S 85’ W 36.6’ N POB IN BOURBON COUNTY, IN THE CITY OF FORT SCOTT, KANSAS, OTHERWISE KNOWN AS (110 W. OAK), FORT SCOTT, KS 66701.
The owner of the property appeared before the Commission to explain the timeline of the repairs to date and the situation with his contractor. The Commission suggested preparing an update of progress, written commitment from the Contractor, and pulling the permits for the next meeting for the Commission’s consideration.
MOTION: T. VanHoecke moved to close the Public Hearing at 7:35PM. M. Wells seconded the motion. All voted yes.
MOTION CARRIED BY 5-0 VOTE.
PUBLIC HEARING CLOSED AT 7:35PM.
MOTION: T. VanHoecke moved to table the decision of Resolution No. 12-2024 until the April 16, 2024, meeting at which time the property owner will provide information on the hired contractor, the structural soundness of the structure and a timeline for completion for the City Commission to determine the path of the resolution. M. Guns seconded the motion. All voted yes.
MOTION CARRIED BY 5-0 VOTE.
MOTION: T. VanHoecke moved to open the Public Hearing for Resolution No. 13-2024 at 7:36PM. D. Olson seconded. All voted yes.
MOTION CARREID BY 5-0 VOTE.
PUBLIC HEARING OPENED AT 7:36PM.
RESOLUTION NO. 13-2024 – RESOLUTION DIRECTING THE REPAIR OR REMOVAL OF AN ALLEGED UNSAFE AND DANGEROUS STRUCTURE AND ACCESSORY STRUCTURE – PARCEL #006-119-29-0-10-12-00900-0-01 LEGALLY DESCRIBED AS CAMERONS ADD-SUB DIV ORIG BLK 5, LOTS 27 & 28 BLK 3 IN BOURBON COUNTY, IN THE CITY OF FORT SCOTT, KANSAS, OTHERWISE KNOWN AS (1801 E. WALL), FORT SCOTT, KS 66701.
- Nation provided an overview of the property’s status and prior interactions with the Codes Department. The owners are deceased, and the heir does not want the property.
Discussion was had about the options for the structures and the property.
- Farmer recommended getting a title search on 1801 E. Wall before proceeding.
NO ONE WAS PRESENT TO SPEAK AT THE PUBLIC HEARING.
MOTION: T. VanHoecke moved to close the Public Hearing at 7:41PM. M. Guns seconded the motion. All voted yes.
MOTION CARRIED BY 5-0 VOTE.
PUBLIC HEARING CLOSED AT 7:41PM.
MOTION: T. VanHoecke moved to remove the alleged unsafe and dangerous structure and accessory structure known as 1801 E. Wall. D. Olson seconded the motion. D. Olson, M. Guns, and T. VanHoecke voted yes. M. Wells and T. Dancer voted no.
MOTION CARRIED BY 3-2 VOTE.
- Guns stated that she wanted to rescind her vote of yes.
Further discussion was had on the history of this property and options due to M. Guns requesting to rescind her vote.
Lindsay Madison was recognized by the Chair and addressed the Commission to state that the last time taxes had been paid on the property was in 2014 and there are special assessments attached as well.
The City Clerk asked the City Attorney for guidance on the request for M. Guns to rescind her vote. B. Farmer stated that a new motion needed to be brought to the table for another vote.
MOTION: T. VanHoecke moved to approve Resolution No. 13-2024 directing the removal of an alleged unsafe and danger structure and accessory structures known as 1801 E. Wall St. D. Olson seconded the motion. D. Olson and T. VanHoecke voted yes. M. Guns, M. Wells and T. Dancer voted no.
MOTION DEFEATED BY 2-3 VOTE.
ACTION: M. Wells directed staff to have a title search on 1801 E. Wall St. and then bring back to the April 16th agenda for consideration.
MOTION: M. Wells moved to open the Public Hearing at 7:54PM. T. VanHoecke seconded the motion. All voted yes.
MOTION CARRIED BY 5-0 VOTE.
PUBLIC HEARING OPENED AT 7:54PM.
CDBG GRANT CLOSE-OUT: Sanitary Sewer System Improvements – Evaluation of the performance of CDBG Grant No. 22-PF-016. Oral and written comments to be recorded and become part of the City’s CDBG Citizen Participation Plan.
There were no public comments regarding the CDBG Grant No. 22-PF-016.
MOTION: M. Wells moved to close the Public Hearing at 7:54PM.
- VanHoecke seconded the motion. All voted yes.
MOTION CARRIED BY 5-0 VOTE.
PUBLIC HEARING CLOSED AT 7:54PM.
MOTION: M. Wells moved to close out CDBG Grant No. 22-PF-016 – Sanitary Sewer Project. M. Guns seconded. All voted yes.
MOTION CARRIED BY 5-0 VOTE.
Approval of 2024 Water Meter Changeout Program Purchase – $67,245.75 –
- Matkin stated that (325) water meters were changed out last year. He explained that reasons for the annual changeout of meters are due to failures, service renewals or part of the ten (10)-year water meter change out program. Currently the City has (361) meters on hand but there are always assorted sizes required. He stated that B. Lemke reported that the current estimated delivery time is the end of the year.
- Guns left the meeting at 7:53PM (Time stamp: 1:53:22)
- Guns returned to the meeting at 7:54PM (Time stamp: 1:54:00)
MOTION: T. VanHoecke moved to approve the request for the water meter change out program purchase of $67,245.75 which was budgeted in the Capital Improvement Plan for $100,000.00; saved the taxpayers $33,000.00. M. Guns seconded the motion. All voted yes.
MOTION CARRIED BY 5-0 VOTE.
Consideration of Contract for Audit Services for year ended December 31, 2023 – Diehl, Banwart, Bolton Certified Public Accountants PA – Fees are $19,600.00 for the financial statement audit and an additional $5,175.00 for the single audit. B. Matkin stated that this request was seeking approval to continue using Diehl, Banwart and Bolton for 2024.
MOTION: M. Wells moved to approve the request to continue using Diehl, Banwart and Bolton, a local provider, for their audit service. D. Olson seconded the motion. All voted yes.
MOTION CARRIED BY 5-0 VOTE.
Approval of Close-Out Packet – Project No. 22-PF-016-CDBG Sanitary Sewer Project: a) Grantee’s Release Form, b) Certificate of Completion, c) Notice of Completion/Final Inspection and Final Wage Compliance Report and d) Approval of Section 3 Close-Out Report.
- Dickman confirmed that all issues were resolved, and all paperwork had been completed.
- Wells stated that there are a few alleys where the gravel has settled a bit. He asked it that could be addressed. J. Dickman stated we were still under warranty and would notify the contractor after receiving the locations.
MOTION: M. Guns moved to approve the Close-Out Packet for Project No. 22-PF-016 CDBG Sanitary Sewer Project including items a through d. M. Wells seconded the motion. All voted yes.
MOTION CARRIED BY 5-0 VOTE.
Consideration of Request for Payment – SEKRPC – Invoice #5 – Project No. 22-PF-016 – CDBG Sanitary Sewer Project – Grant Administrative Services – To be reimbursed by CDBG upon submission of Close-Out Packet – $2,200.00
MOTION: M. Guns moved to approve the request for payment to SEKPRC for $2,200.00 for Grant Administrative Services for Project No. 22-PF-016 CDBG Sanitary Sewer Project. T. VanHoecke seconded the motion. All voted yes.
MOTION CARRIED BY 5-0 VOTE.
Consideration of Certificate of Appropriateness – Sharky’s Pub & Grub – Patio Addition – Recommended by Design Review Board, March 19, 2024
MOTION: T. VanHoecke moved to approve the Certificate of Appropriateness for Sharky’s Pub & Grub Patio Addition. M. Guns seconded the motion. All voted yes.
MOTION CARRIED BY 5-0 VOTE.
Consideration of Certificate of Appropriateness – 17th & Main St. – Mi Ranchito – Outdoor Sign – Recommended by Design Review Board, March 26, 2024
MOTION: M. Wells moved to approve the Certificate of Appropriateness for Mi Ranchito outdoor sign at 17th and Main Street. T. VanHoecke seconded the motion. All voted yes.
MOTION CARRIED BY 5-0 VOTE.
Consideration to Amend from a 5-Member Design Review Board – received Letters of Interest from Rachel French, Robert Coon and Ann Rawlins – Not recommended by Design Review Board to appoint more members at this time.
Discussion was had regarding the decision not to increase the number of board members at this time. (Time stamp 2:01:52)
NO ACTION TAKEN.
Consideration of Change Order No. 1 – Project No. 22-305 – South Industrial
Park Waterline Extension – Nowak Construction Co., Inc. – Final measured quantities to deduct 13 LF of 20” steel casing pipe (bore & jack) for (-$3,354.00) and to deduct 598 LF of 6” to 12” pipe trenching in rock for (-$5,980.00). Final total deduction of (–$9,334.00)
- Dickman stated that because Earles Engineering did the inspection on this project, they were able to keep a watch on quantities used and bring the discrepancies back to the contractor for the deductions from the quoted cost.
MOTION: M. Guns moved to approve Change Order No. 1 for Project No. 22-305 South Industrial Park Waterline Extension for a final deduction of -$9,334.00) from Nowak Construction Co., Inc. M. Wells seconded the motion. All voted yes.
MOTION CARRIED BY 5-0 VOTE.
Approval of Substantial Completion – Project No. 22-305 – South Industrial
Park Waterline Extension – Nowak Construction Co., Inc.
MOTION: T. VanHoecke moved to approve the Certificate of Substantial Completion for Project No. 22-305 all work completed on March 19, 2024, and certified by City Engineer Jason Dickman, approval of Application for Payment No. 4 for $49,191.45 and Application for Payment No. 5 for $55,295.00 to Nowak Construction Co. M. Guns seconded the motion. All voted yes.
MOTION CARRIED BY 5-0 VOTE.
Consideration of Request for Payment – Invoice #0002 – REDI – Issue Date March 19, 2024 – Product Service: August 2023-$10,053.33; September 2023-$10,053.33; October 2023-$10,053.33; November 2023-$10,053.33; December 2023-$10,053.33 Total Due – $50,266.65
- Olson stated for the record that he has yet to see a reason for these numbers and he will not support this (payment).
Discussion of the current and previous REDI contracts (Time stamp 2:07:18)
MOTION: T. VanHoecke moved to pay REDI $50,266.65 for 2023.
The City Clerk stated that there was a partial payment of $5,416.67 made for August of 2023 according to an expense approval report (provided at table).
Discussion was had about the payments on the expense report (Time stamp 2:12:36)
- VanHoecke amended his motion to reflect the amount due to REDI as $45,167.67 after reviewing the expense approval report showing the amount already paid. M. Wells seconded the motion. M. Wells, T. VanHoecke, M. Guns and T. Dancer voted yes. D. Olson voted no.
MOTION CARRIED BY 4-1 VOTE.
Consideration of Demolition Bids for 922 E. Wall (Bid #D01-2024)
Three (3) bids were submitted: Hartman Landscaping, LLC – $1,850.00; Muddy Boots Landscaping – $17,500.00 and Dave’s Demo – $2,000.00.
MOTION: T. VanHoecke moved to award the bid to Hartman Landscaping LLC for $1,850.00.
Discussion was had about the bids and demolition experience of the bidders (Time stamp 2:16:02)
MOTION: D. Olson moved to award the bid to Dave’s Demo for $2,000.00
Motion was struck due to the incomplete motion process of previous motion still on the table.
- Guns seconded the motion made by T. VanHoecke. All voted yes.
MOTION CARRIED BY 5-0 VOTE.
Consideration of Demolition Bids for 515 S. Heylman (Bid #D02-2024) –
Three (3) bids were submitted: Hartman Landscaping, LLC – $1,850.00; Muddy Boots Landscaping – $19,500.00 and Dave’s Demo – $2,000.00.
MOTION: T. VanHoecke moved to award the bid to Dave’s Demo for $2,000.00. D. Olson seconded the motion. D. Olson, T. VanHoecke and T. Dancer voted yes. M. Guns and M. Wells voted no.
MOTION CARRIED BY 3-2 VOTE.
Consideration of Ground Lease Bids – (Bid #GL01-2024)
MOTION: M. Wells moved to go out back out for bids for a multi-year bid award for the Ground Lease at the Wastewater Treatment Plant.
MOTION DIED FOR LACK OF A SECOND.
MOTION: T. VanHoecke moved to approve the highest bidder for $15,555.00 by Mike Fritter. D. Olson seconded the motion. All voted yes.
MOTION CARRIED BY 5-0 VOTE.
ACTION: B. Matkin was directed to reach out to the awarded bidder to explain the Commissions concerns regarding the current condition of the land and expectations moving forward.
Reports and Comments
City Manager (Time stamp 2:29:37) – B. Matkin
- Next meeting -MOU with the Bourbon County Senior Citizen’s Center.
- Signs ordered for uptown.
- Employment offer extended to applicant for part-time downtown maintenance positions, member will report to Parks Department.
- Uptown will be striped in the next week or so; delayed with other projects.
- (2) Fireworks bids received, same price, will decide based on packages presented in each bid.
- Land Bank board update and brief discussion.
- Work Session – April 23rd at 6:00PM with Garth Hermann/Gilmore Bell to discuss RHIDs.
City Engineer (Time stamp 2:32:50) – J. Dickman
- Horton Street Project – Bids due April 11, 2024, at 2:00PM – (1) Addendum published – possible second Addendum before deadline.
- Discussion on brick salvage during Horton project
- 25th Street testing – all passing
Commissioners Comments
- VanHoecke (Time stamp 2:36:02) – Main Street bathrooms
- Wells (Time stamp 2:36:45) – Question to B. Matkin regarding status of the CDBG Grant for Memorial Hall; M. Wyatt is working with Carey Spoon.
– Work plan for Skubitz Plaza.
– Correction that he misspoke, it was not raw sewage flowing in the fields, it was sludge that flows into the fields from the Wastewater Treatment Plant.
-Upcoming events: Civil War Encampment – April 20th; Camp Dance (1800s Ball) at Memorial Hall; also, Farmers’ Market and Luau coming up soon.
- Matkin included the Wrestling Event on April 13th at Memorial Hall.
- Guns (Time stamp 2:39:14)
– Revisit the Brick Policy
– Schedule Work Sessions
ACTION: T. Dancer asked M. Guns to email the City Clerk a list of Work Sessions she would like to see happen. Clerk to distribute to the Commissioners and staff to begin scheduling dates.
- Olson (Time stamp 2:40:57) – Commended the Street Crew and their current leadership on their work with 25th Street and all their other accomplishments. He believes that a lot can be done.
- Dancer (Time stamp 2:41:23) – Thankful to everyone for their dedication and being prepared to discuss City business and make decisions at the meeting; still work on brevity.
City Attorney (Time stamp 2:42:02) – No comments
MOTION: T. VanHoecke moved to adjourn the meeting at 8:42PM (Time stamp 2:42:08). M. Guns seconded the motion. All voted yes.
APRIL 2, 2024, MEETING ADJOURNED AT 8:42PM.
_______________________________________________________________________
Respectfully submitted by:
Lisa A. Lewis, City Clerk
FS City Commission Minutes of March 26
CITY OF FORT SCOTT
CITY COMMISSION MEETING
Minutes of March 26, 2024 Special Meeting
The special meeting of the Fort Scott City Commission was held March 26, 2024, at 6:00PM in the City Commission Meeting Room at City Hall, 123 S. Main Street, Fort Scott, Kansas. (Time stamps according to YouTube recording of meeting).
Roll Call
Commissioners Tim VanHoecke, and Dyllon Olson were present with Mayor Tracy Dancer at Roll Call. Quorum = 3 therefore, the meeting proceeded.
Pledge of Allegiance and Invocation – T. Dancer led the Pledge of Allegiance and T. VanHoecke said a prayer asking God for guidance for the City, our Government and City officials.
Audience in Attendance – Brad Matkin/City Manager, Bob Farmer/City Attorney, Lisa Lewis/City Clerk, Frank Halsey and Michael Hoyt. Others were in attendance who did not sign in.
Approval of Agenda
MOTION: T. VanHoecke moved to approve the agenda as presented. D. Olson seconded the motion. All present voted yes.
APPROVED AGENDA AS PRESENTED.
Public Comment No Public Comments.
New Business
Consideration of Change Order No. 2 – Gunn Park Shower House and Restroom Project – Hofer-Hofer & Associates – 1) Furnish and install new TruLog siding and fascia to the exterior walls of the house – 2) Work will add six (6) weeks additional time to the completion date from approval of the change order – $13,500.00.
- Wells joined the meeting (Time stamp: 2:19)
- Matkin asked Frank Halsey to address the Commission regarding the changes. (Time stamp: 3:38:36) – F. Halsey gave a history of the project to date (financial history handout provided). He also stated that he found an error that the contract was $60.00 short of their proposal that was accepted by the Commission.
- Guns joined the meeting (Time stamp 9:06)
- Halsey explained the needs behind Change Order No. 1 and Change Order No. 2 and that these are common with doing work on existing structures. He also stated that there could potentially be another Change Order when the proposed sewer work is done.
MOTION: T. VanHoecke moved to accept Change Order No. 2 for the Gunn Park Shower House and Restroom Project for $13,500.00 for the addition of TruLog siding and fascia to the exterior walls of the house.
- Dancer asked T. VanHoecke if he would consider amending his motion to include the $60.00 shortage mentioned by F. Halsey.
- VanHoecke agreed to amend his motion to include the $60.00 shortage to Hofer-Hofer & Associates. D. Olson seconded the motion. All voted yes.
APPROVED TO ACCEPT CHANGE ORDER NO. 2 FOR THE GUNN PARK SHOWER HOUSE AND RESTROOM PROJECT FOR $13,500.00 FOR THE ADDITION OF TRULOG SIDING AND FASCIA TO THE EXTERIOR WALLS OF THE HOUSE AND TO ADD THE $60.00 DIFFERENCE BETWEEN THE PROPOSAL AND THE CONTRACT TO BE PAID TO HOFER-HOFER & ASSOCIATES.
- Wells verified with B. Matkin that this money would come from the Parks Sales Tax Fund.
Adjourn
MOTION: T. VanHoecke moved to adjourn the special meeting (Time stamp 12:39). D. Olson seconded the motion. All voted yes.
MARCH 26, 2024, SPECIAL MEETING ADJOURNED AT 6:12PM. (Time stamp 12:39)
_______________________________________________________________________
Respectfully submitted by:
Lisa A. Lewis, City Clerk