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Bourbon County Courthouse
210 S. National Ave Fort Scott, KS 66701 Phone: 620-223-3800
Fax: 620-223-5832
Bourbon County, Kansas
1st District Commissioner
2nd District Commissioner
3rd District Commissioner
Bourbon County Commission Agenda 210 S. National Ave.
Fort Scott, KS 66701
March 11, 2024 5:30 p.m.
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.
Bourbon County Courthouse
210 S. National Ave Fort Scott, KS 66701 Phone: 620-223-3800
Fax: 620-223-5832
Bourbon County, Kansas
1st District Commissioner
2nd District Commissioner
3rd District Commissioner
Bourbon County Commission Agenda 210 S. National Ave.
Fort Scott, KS 66701
March 11, 2024 5:30 p.m.
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.
The regular meeting of the Fort Scott City Commission was held March 5, 2024, at 6:00PM in the City Commission Meeting Room at City Hall, 123 S. Main Street, Fort Scott, Kansas.
Roll Call
Commissioners Tim VanHoecke, Melissa Guns, Matthew Wells and Dyllon Olson were present with Mayor Tracy Dancer.
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, Jason Dickman/Earles Engineering, Jason Pickert/Chief of Police, Ben Hart/Director of Finance-Baker-Tilly, Mary Wyatt/Planning, Housing and Community Development Director, Bill Lemke/Water Distribution & Wastewater Collections Supervisor, Destry Brown/Superintendent USD234, Robin Button, Cheryl Marsh, Cho Hillman, Carol Glover, Justin Meeks/County Counselor, Diane Striler, Richard Clark, Michael Hoyt, and Carl Brenner/Chief of Interpretation and Resource Management at FSNHS.
Approval of Agenda
Appearance item for Shanda Stewart – Request for donation to Fort Scott High School Prom After Party was requested to be removed from the agenda. T. VanHoecke moved to approve the agenda with the amendment. M. Wells requested to amend the motion to include an amendment to New Business to include (2) Letters of Interest for consideration to the Fort Scott Public Library Board – Constance S. Banwart and Susan Messer. T. VanHoecke agreed to the amendment to his motion. M. Wells seconded the motion. All voted yes.
APPROVED AMENDED AGENDA
Proclamation
Mayors Alliance to End Childhood Hunger – National School Breakfast Week – March 4th through 8th, 2024 – M. Wells officiated the Proclamation and honored the following USD234 staff members: Robin Button, Anna Marsh, Jessica Phillips, Cheryl Marsh, Cho Hillman, Millie Willard, Carol Glover, and Ginger Houston.
Consent Agenda
Approval of Appropriation Ordinance 1355-A – $975,852.99
Approval of minutes of February 20, 2024
Request to Pay – Invoice #1756 – Marberry Concrete, Inc. –Fort Scott Lake Boat Ramp repair – $69,990.00.
APPROVED CONSENT AGENDA.
Public Comment
Richard Clark appeared before the Commission to state his concern about changes at Fort Scott Lake regarding long-term safety, cost, and lot sales. (Time stamp – 12:04)
Appearances
Diane Striler appeared before the Commission to continue discussion regarding the proposed Downtown Ice-Skating Rink.
(Time stamp – 27:17)
MOTION DIED FOR THE LACK OF A SECOND.
MOTION DEFEATED BY 3-2 VOTE.
Old Business
Consideration of Charter Ordinance No. 32 – A CHARTER
ORDINANCEOF THE CITY OF FORT SCOTT, KANSAS, EXEMPTING SUCH CITY FROM THE PROVISIONS OF K.S.A. 12-1222 RELATING TO LIBRARIES, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS RELATING THERETO – Tabled from February 20, 2024
APPROVED CHARTER ORDINANCE NO. 32.
New Business
Consideration to purchase Allen Trench Safety Badger Pro Series Set of (4) Modular Trench Shoring Boxes – Sole Source by Allen Trench Safety Corp. – $28,048.00.
APPROVED REQUEST TO PURCHASE TRENCH SHORING BOXES.
Consideration to reappoint expired terms of Planning Commission Board Members for another term: Cheryl Adamson and Carol MacArthur – Recommended by Planning Commission, February 21, 2024.
APPROVED TO REAPPOINT CHERYL ADAMSON AND CAROL MACARTHUR FOR ANOTHER TERM TO THE PLANNING COMMISSION.
Consideration to amend Ordinance No. 3497 Planning Commission Membership Terms to (7) members instead of (10) members – Recommended by Planning Commission, February 21, 2024.
APPROVED TO TABLE THE CONSIDERATION OF ORDINANCE NO. 3497 UNTIL THE NEXT COMMISSION MEETING.
Consideration of Letter of Interest for Library Board Vacancy from Constance S. Banwart and Susan Messer
APPROVED TO APPOINT CONSTANCE BANWART AND SUSAN MESSER TO THE FORT SCOTT PUBLIC LIBRARY BOARD.
Consideration to reappoint expired terms of Street Advisory Board members for another (3) year term: Clete Hall, Charles Gentry, Nick Barrows, and Gary Cullor.
APPROVED TO REAPPOINT EXPIRED TERMS OF THE STREET ADVISORY BOARD: CLETE HALL, CHARLES GENTRY, NICK BARROWS AND GARY CULLOR FOR ANOTHER (3) YEAR TERM.
Consideration to approve Ordinance No. 3761 – Amending section 10.04.90 regarding inspection requirements for annual U.T.V. license.
MOTION STRUCK IN ITS ENTIRITY. CONSIDERATION OF ORDINANCE NO. 3761 WILL APPEAR ON MARCH 19, 2024, AGENDA.
Consideration to repeal Ordinance No. 3060 Public Dance License
APPROVED TO REPEAL ORDINANCE NO. 3060 REQUIRING A PUBLIC DANCE LICENSE.
APPROVED APPOINTMENT OF CATHY DANCER AND REAPPOINTMENT OF ARNOLD SCHOFIELD TO THE DESIGN REVIEW BOARD.
Final approval of Mulligan Ridge Donation Agreement
Justin Meeks appeared before the Commission representing Mulligan Ridge LLC for the City’s donation of land to the property owner to build a pond and water feature that was approved on October 3, 2023, by the City Commission. This agreement was drawn up between City Attorney B. Farmer and J. Meeks as final approval of that agreement. The changes from the original agreement are a quit claim deed from a warranty deed and first right of refusal.
FINAL APPROVAL OF MULLIGAN RIDGE DONATION AGREEMENT.
Discussion of 190th Street Maintenance
CITY COMMISSION DIRECTED B. MATKIN TO TALK WITH THE COUNTY BEFORE THE COMMISSION MAKES A DECISION.
Consideration of 2024 Street Program
APPROVED STREET PROGRAM 2024.
Discussion of Rural Housing Incentive District (RHID)
APPROVED TO MOVE FORWARD WITH CREATION OF RHID.
Reports and Comments
City Manager Comments (Time stamp 2:34:41)
Engineering Comments (Time stamp 2:36:03)
Commissioners Comments (Time stamp 2:36:34)
City Attorney Comments – No comment
Executive Session
APPROVED TO MOVE IN TO EXECUTIVE SESSION AT 8:46PM.
APPROVED TO MOVE OUT OF EXECUTIVE SESSION AT 8:56PM WITH NO ACTION.
MEETING OF MARCH 5, 2024, ADJOURNED AT 8:56PM.
Respectfully submitted,
Lisa A. Lewis, City Clerk
ROLL CALL:
___ Jess Ervin ___ Danea Esslinger ___ Amber Kelly ___ Mary Pemberton ___ Bradley Stewart
Pond project – Don George, KDWPT –
CITIZENS REQUESTS
FINANCIAL REPORT
Charlene Bolinger – Financial reports
APPROVE CONSENT AGENDA
Motion by ____________, Second by _____________, Approved ________ to enter into executive session pursuant to non-elected personnel matters exception, KSA 4319(b)(1), in order to discuss job duties and review applications of non-elected personnel, the open meeting to resume at _______.
DEPARTMENT REPORTS
Superintendent: Bobby Rich
Water valve replacement –
Codes Enforcement:
Clerk Report: Sally Johnson
2023 Financial Audit
Councilman Ervin –
Councilwoman Esslinger –
Councilman Kelly –
Councilwoman Pemberton –
Councilman Stewart–
Mayor Jurgensen –
Pickleball court project –
Warehouse refurbishing –
ADJOURN Time ____________ Moved by ______________, 2nd ___________________, Approved ___________
Attachments:
The Special Council Meeting on February 27, 2024 at Uniontown City Hall, was called to order at 6:30PM by Mayor Jurgensen. Council members present were Jess Ervin, Danea Esslinger, Amber Kelly, Mary Pemberton, and Bradley Stewart. Also in attendance for all or part of the meeting was City Clerk Sally Johnson.
Motion by Ervin, Second by Stewart, Approved 5-0 to enter in to executive session pursuant to non-elected personnel matters exception, KSA 4319(b)(1), in order to discuss job duties, benefits, and employee handbook of non-elected personnel, the open meeting to resume at 7:00PM
Clerk Johnson included in session, open meeting resumed at 7:00.
Motion by Ervin, Second by Kelly, Approved 5-0 to extend executive session pursuant to non-elected personnel exception, KSA 4319(b)(1) in order to discuss job duties, benefits and employee handbook of non-elected personnel, the open meeting to resume at 7:35PM.
Johnson still included in session. Open meeting resumed at 7:35PM.
Motion by Pemberton, Second by Esslinger, Approved 5-0 to have Clerk Johnson post City Clerk position with appropriate publications and organizations
Motion by Ervin, Second by Esslinger, Approved 5-0 to amend Section 2.9.0 with the statement that full-time employees hires on or after March 1, 2024 will not be eligible for this benefit and add Section 2.11.0 Health Insurance Benefit effective for all new full-time hires on or after March 1, 2024
Moved by Ervin, Second by Kelly, Approved 5-0, to adjourn at 7:36PM
The Regular Council Meeting on February 13, 2024 at Uniontown City Hall, was called to order at 7:00PM by Mayor Jurgensen. Council members present were Jess Ervin, Danea Esslinger, Mary Pemberton, and Bradley Stewart. Also in attendance for all or part of the meeting were City Treasurer Charlene Bolinger, City Superintendent Bobby Rich and City Clerk Sally Johnson.
SPECIAL CONSIDERATIONS/PROJECTS
CITIZENS REQUEST
Clerk Johnson reported that Shane Kober requested speed bumps in front of his residence. After discussion, Council does not wish to put speed bumps on Sherman Street. Clerk was asked to advise him to followup with the Sheriff’s department for information on how to proceed.
FINANCIAL REPORT
Treasurer Bolinger presented the January 2023 Treasurer’s Report. Beginning Checking Account Balance for all funds was $235,479.20, Receipts $85,918.56, Transfers Out $3,026.00, Expenditures $24,988.18, Checking Account Closing Balance $293,383.58. Bank Statement Balance $293,816.11, including Checking Account Interest of $54.56, Outstanding Deposits $0, Outstanding Checks $432.53, Reconciled Balance $293,383.58. Water Utilities Certificates of Deposit $37,083.20, Sewer Utilities Certificate of Deposit $21,153.58, Gas Utilities Certificates of Deposit $38,862.06, Total All Funds, including Certificates of Deposit $390,482.42. Year-to-Date Interest in Checking Acct is $54.56, and Utility CDs $0 for a Total Year-to-Date Interest of $54.56. Also included the status of the Projects Checking Account for the month of January 2023, Beginning Balance $0, Receipts $0, Expenditures $0, Ending Balance $0. January 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 January $57,904.38, Year-to-Date Net Income $57,904.38. Budget vs Actual Water Fund YTD Revenue $8,044.20 (6.5%), Expenditures $6,943.58 (4.3%); Sewer Fund YTD Revenue $2,715.90 (7.3%), Expenditures $2,136.25 (5.1%); Gas Fund YTD Revenue $17,162.10 (11.7%), Expenditures $10,531.03 (5.9%); General Fund YTD Revenue $52,382.78 (31.9%), Expenditures $8,403.32 (4.2%); and Special Highway YTD Revenue $1,987.58 (27.4%), Expenditures $0 (0%). The February 2024 payables to date in the amount of $36,872.84 were presented.
Clerk Johnson explained the new report for current payables and the difference between the two presented. She asked the council which report they preferred – Claims Report by Department, by Fund was chosen.
CONSENT AGENDA
Motion by Esslinger, Second by Ervin, Approved 4-0, to approve Consent Agenda as amended:
DEPARTMENT REPORTS
City Superintendent Rich had nothing to report.
Clerk Johnson reported several notifications of insurance renewal conditional provisions from EMC.
Website hosting price increase of $2.50/month.
Municipal Court Clerks conference is March 1, in Wichita. She will not attend this year.
CCMFOA Conference is March 20-22, in Manhattan. She will not attend this year.
CDL storm siren maintenance agreement should renew in March. She will have a new agreement for action at next meeting.
gWorks was used for accounts payable this month and end of month procedures will be done on gWorks. She has a training on Thursday for bank reconciliation, deposits, and reports. She will then get all deposits for the month entered, process penalties, and mail delinquent notices.
Bourbon County Job Fair is February 22. She asked is they wanted a booth to try to recruit a clerk and maintenance worker. Not at this time.
She did order a 2024 labor law poster.
COUNCIL REPORT
Councilman Ervin – wished to recognize Clerk Johnson and thank her for all her work in the software conversion.
Councilwoman Esslinger – absent
Councilwoman Kelly – nothing
Councilwoman Pemberton – nothing
Councilman Stewart – nothing
Mayor Jurgensen – the school contacted the City to see if they could stage rock on the right of way for the walking trail project. The rock is being hauled by the county. He told them yes. Superintendent Rich stated that there is a gas main just south of the sidewalk by the medical clinic. Mayor Jurgensen also asked Rich to get fescue and seed the ditches that were worked on Third St.
OLD BUSINESS
Rabies Clinic – tentatively scheduled for March 23, 1:30-3:00PM.
Mayor Jurgensen asked if the Council wanted to reskin the warehouse and put in the ramp and rollup doors to use as public works building. We will need to determine specs and request bids for the metal siding/roof, the ramp and rollup doors, and the installation.
NEW BUSINESS
Motion by Ervin, Second by Stewart, Approved 4-0 to enter in to executive session pursuant to non-elected personnel matters exception, KSA 4319(b)(1), in order to discuss job duties and benefits of non-elected personnel, the open meeting to resume at 8:47PM
Clerk Johnson called in at 8:22, open meeting resumed at 8:47.
Motion by Ervin, Second by Stewart, Approved 4-0 to call a special meeting on February 27, 2024, 6:30PM for the purpose of executive session pursuant to non-elected personnel exception, KSA 4319(b)(1) to discuss job duties, benefits and employee handbook of non-elected personnel.
Moved by Ervin, Second by Kelly, Approved 4-0, to adjourn at 8:48PM
Governor Kelly Updates Declaration of Drought Emergency, Warnings, and Watches for Kansas Counties
TOPEKA — Governor Laura Kelly has approved updated drought declarations for Kansas counties with Executive Order #24-01.
“While drought conditions have improved greatly in recent months, many counties continue to be negatively impacted by the decline in water supply or strains on water resources,” said Governor Laura Kelly. “I strongly encourage all Kansans to continue to conserve water as we head into the summer months.”
The drought declaration removed all 55 counties previously in emergency status and placed 15 counties into warning status and 62 into watch status. This action was recommended by Connie Owen, Director of the Kansas Water Office and Chair of the Governor’s Drought Response Team. While a majority of Kansas has seen significant relief from drought since August, central and southeast Kansas continue to be in Severe Drought.
“Counties in a watch status have conditions which indicate the probability of a water shortage is rising. It is important to monitor these conditions and be mindful of water usage in these counties,” said Owen. “The Governor’s Drought Response Team will continue to monitor the drought conditions across Kansas and make recommendations to Governor Kelly as conditions change.”
This Executive Order shall remain in effect for those counties identified until rescinded by an Executive Order ending the declaration or revising the drought stage status of the affected counties.
Effective immediately, Executive Order #24-01:
The Governor’s Drought Response Team will continue to watch the situation closely and work to minimize the negative drought-induced effects on Kansans.
For more detailed information about current conditions, visit the Climate and Drought webpage on the Kansas Water Office website at kwo.ks.gov.
County Drought Stage Declarations:
Drought Emergency:
Drought Warning: Chautauqua, Clay, Dickinson, Elk, Graham, Harvey, Jewell, McPherson, Mitchell, Montgomery, Osborne, Ottawa, Reno, Rice, Rooks, Wilson.
Drought Watch: Allen, Anderson, Atchison, Barton, Bourbon, Brown, Butler, Chase, Cherokee, Cheyenne, Cloud, Coffey, Cowley, Crawford, Decatur, Doniphan, Douglas, Ellis, Ellsworth, Franklin, Geary, Gove, Greenwood, Jackson, Jefferson, Johnson, Kingman, Labette, Lane, Leavenworth, Lincoln, Linn, Lyon, Marion, Marshall, Miami, Morris, Nemaha, Neosho, Ness, Norton, Osage, Phillips, Pottawatomie, Pratt, Rawlins, Republic, Riley, Russell, Saline, Sedgwick, Shawnee, Sheridan, Sherman, Smith, Stafford, Thomas, Trego, Wabaunsee, Washington, Woodson, Wyandotte.
“TikTok deceived parents by saying that the app was safe and age appropriate. In reality, the app has promoted filth, profanity, sexual content, and alcohol and drugs to Kansas kids. Even worse, it has used coercive algorithms that spike dopamine, keep kids on the app as long as possible, and facilitate downward mental health spirals. Kansas parents deserve the truth about the harm the app causes to young users, and Kansas kids should be protected,” Kobach said.
The lawsuit alleges that TikTok knew its app was not safe for kids when it released the app in 2017. Additionally, the company misleads parents by marketing its app as age appropriate for children 12 and older. Despite its assertions, TikTok hawks significant amounts of profanity and crude humor, sexual content and nudity, alcohol, tobacco and drug usage, and mature and suggestive themes.
“Parents and caregivers believe their children are protected from images of intense sexual content, illicit drug use, and videos encouraging vaping and tobacco use, because TikTok deceives parents into believing the company hides this content from children. In reality, this company created an app intentionally to hook Kansas children onto their salacious, dangerous, and damaging content at the price of those children’s mental health. This damage will echo far into the future of our state, and TikTok must answer for its actions,” said Deputy Attorney General Fran Oleen.
According to the petition, TikTok offers “restricted mode” and “family pairing” tools to keep Kansas children safe, but the tools are ineffective. The suit also alleges that TikTok negatively impacts the mental health of Kansas youth.
“Kids in Kansas have been bombarded with problematic TikTok videos while lost in the addictive grip of TikTok’s auto scroll that affects not only their attention spans, but their mental health. Youth in Kansas frequently find themselves in an infinite hole of TikTok videos that tell them they are not good enough or attractive enough. These videos are often paired with advice on how to evade parents’ detection of eating disorders,” said Assistant Attorney General Sarah Dietz. “TikTok has misrepresented itself as safe, while it purposefully addicted minors and wreaked havoc on their mental health. Even when parents and caregivers try to create a safe environment for their children by using parental controls, they are deceived by TikTok’s false representations that the parental controls are effective.”
The Office of the Kansas Attorney General is alleging multiple violations of the Kansas Consumer Protection Act. Specifically, the state seeks civil penalties of $10,000 per violation and enhanced civil penalties of $20,000 for deceptive and unconscionable acts against protected consumers.
Oleen and Dietz of the Office of the Kansas Attorney General, along with Special Assistant Attorneys General David Thompson, Brian Barnes, Megan Wold, and Athie Livas of Cooper & Kirk, PLLC, represent the state of Kansas in the suit.
Read the petition here.
Road Usage Charge study underway, looking for Kansans to participate
The Kansas Department of Transportation announces the launch of a three-month pilot study exploring whether a pay-per-mile road usage charge (RUC) could potentially replace the current state fuel tax as a new way to fund roads and bridges. The study, part of the Kansas Midwest RUC Study, asks Kansans to try out mileage reporting options and provide feedback about their experience.
Today, gasoline-powered vehicles pay 24 cents per gallon for state gas tax, and diesel-powered vehicles pay 26 cents per gallon for state diesel tax. As vehicles transition to being more fuel efficient or not use gas or diesel at all, state transportation funding may fall short.
KDOT is proactively exploring whether a RUC could be a sustainable, long-term funding source for transportation in the state. KDOT, in partnership with Minnesota Department of Transportation, is utilizing federal grant money available to states to study potential alternative approaches to transportation funding. To date, most states exploring RUC are on the East and West coasts — and Kansas is adding a Midwest perspective to this national conversation.
KDOT is actively recruiting pilot participants to take part in the study, which is scheduled to begin in April. Drivers across the state are asked to take part, especially rural Kansans who drive passenger vehicles or medium-duty trucks, people working in the agriculture industry and owners or operators of large trucks. Participants who fully complete the pilot can earn a $100 incentive.
Kansans interested in taking part in the pilot can visit www.midwestruc.org for more information to complete an interest form for the pilot study.