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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
June 18, 2024 – 6:00 P.M.
Tim VanHoecke, Matthew Wells, Dyllon Olson, Kathryn Salsbury, Tracy Dancer
III. Pledge of Allegiance
VII. 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.
VIII. 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.
– RHID – Denny Davis land
– RHID- Downtown
Action Items:
XII. Adjourn
CITY OF FORT SCOTT
CITY COMMISSION MEETING
The regular meeting of the Fort Scott City Commission was held June 4, 2024, at 6:00PM (Time stamp: 0:010) 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
Meeting called to order at 6:00PM. Commissioners Matthew Wells, Tim VanHoecke, and Dyllon Olson were present with Mayor Tracy Dancer.
Audience in Attendance – Brad Matkin/City Manager, Bob Farmer/City Attorney, Jason Dickman/City Engineer-Earles Engineering, Jason Pickert/Chief of Police, Lisa Lewis/City Clerk, Tom Coffman/Public Works Manager, Bill Lemke/Water Distribution & Wastewater Collections Supervisor, Jessica Oliphant/BakerTilly (via telephone), Amanda Lancaster/Diehl, Banwart & Bolton, Jason Silvers/Fort Scott Tribune, Michael Hoyt, Mark Hall, Kathryn Salsbury, Cole Jones and Charles Gentry.
Pledge of Allegiance and Invocation
Approval of Agenda (Time stamp 1:15)
MOTION: T. VanHoecke moved to amend the agenda to remove Robert Harrington from Appearances. He is unable to attend and will appear at the next meeting. M. Wells seconded the motion. All voted yes.
MOTION PASSED BY 4-0 VOTE.
ACTION: D. Olson requested that R. Harrington be informed of what is expected from his appearance.
MOTION: T. VanHoecke moved to approve the agenda with the amendment. M. Wells seconded the motion. All voted yes.
MOTION PASSED BY 4-0 VOTE.
Consent Agenda (Time stamp 2:21)
Items C & D: The payment to Hofer, Hofer & Associates is approximately 90% complete.
Item F: B. Matkin stated that there may be another charge for dump fees.
ACTION: B. Matkin will let the Commission know if there are any additional charges for dump fees from Skitch’s Hauling & Excavation, Inc. for the demolition of 10 S. National.
MOTION: D. Olson moved to approve the Consent Agenda. M. Wells seconded the motion. All voted yes.
MOTION PASSED BY 4-0 VOTE.
New Business
Action Items:
Consideration of Letters of Interest for City Commissioner (Time stamp 4:05)
Each candidate gave an introductory statement and received questions from the Commissioners.
Mark Hall (Time stamp 4:51)
Kathryn Salsbury (Time stamp 12:08)
Cole Jones (Time stamp 26:18)
Charles Gentry (Time stamp 39:50)
MOTION: M. Wells moved to appoint Charles Gentry to the City Commission.
MOTION DIED DUE TO LACK OF A SECOND.
MOTION: T. VanHoecke moved to appoint Kathryn Salsbury. D. Olson seconded the motion. All voted yes.
MOTION PASSED BY 4-0 VOTE.
Oath of Office for new Commissioner (Time stamp 1:04:28) Kathryn Salsbury was sworn in by the City Clerk and took her position at the Commissioner’s table.
Selection of President of Commission (Time stamp 1:05:56)
MOTION: T. VanHoecke moved to appoint D. Olson as President of the Commission. M. Wells seconded the motion. All voted yes.
MOTION APPROVED BY 5-0 VOTE.
Selection of Commission Representative of the HBCAT Health and All Policies Task Force vacated by the resignation of M. Guns.
MOTION: T. VanHoecke moved to nominate K. Salsbury as the representative. D. Olson seconded the motion. All voted yes.
MOTION APPROVED BY 5-0 VOTE.
Consideration to purchase mower for the airport – Grasshopper Model 900D-1.3L for $21,124.95 (Time stamp 1:07:36)
MOTION: D. Olson moved to purchase the mower with half of the funds coming from the lake fund and the other half coming from reserves.
MOTION PASSED BY 4-1 VOTE.
Consideration to Purchase Jet-Foamer System – Wastewater Collections – Key Equipment & Supply Co. – $45,363.13 (Time stamp 1:15:33) – B. Lemke presented his request to the Commission explaining that the primary function is to treat sanitary sewer lines for root and grease control to keep lines open which is a huge problem for the City. Currently a powder dumped down a manhole which is flushed down the lines with water however it can only reach approximately 200 feet. The new jet foam system, in conjunction with the City’s vactor truck will be far more efficient and will treat the entire circumference of the affected pipes. This item will be purchased with reserves from wastewater utility. It was put in last year’s capital plan (2023-2027) under Wastewater Collections to be purchased in 2025. Purchasing it this year will drop it from the 2025 capital plan and will not have to be budgeted.
ACTION: T. VanHoecke requested that J. Oliphant send a current Capital Plan for pending Capital Expenditures to the City Manager and the City Clerk via email in order that the Commission has an updated copy. J. Oliphant agreed.
MOTION: M. Wells moved to purchase the Jet Foamer System. D. Olson seconded the motion.
Discussion was had about the reserve fund, investments and upcoming obligations.
All voted yes.
MOTION PASSED BY 5-0 VOTE.
Consideration to Purchase 2022 Ford F350 Service Truck – Water Distribution – Olathe Ford Commercial Sales Center – $65,350.00 (Time stamp 1:26:34) B. Matkin stated that the fleet is deteriorating, however they will look for used vehicles instead of requesting this new truck. He requested that consideration for this item be removed. Discussion was had about the process of purchasing used vehicles. The vehicle will be used for the Water Distribution and Wastewater Collection departments.
ACTION: The immediate need is one (1) vehicle. The limit is set at $35,000.00 for the City Manager to sign off on the purchase. The Commission directed B. Matkin them updated and call a Special Meeting if necessary.
Consideration of bids for 2024 Hay Rights at Fort Scott Municipal Airport (Time stamp 1:33:24) Four (4) bids were received: 1) Tippin T Cattle ($15,265.00); 2) KW Cattle ($12,750.00); 3) Ricky Kellenberger ($10,601.00) and 4) Crystal Livestock Express LLC ($6,045.00).
MOTION: T. VanHoecke moved to accept the bid of $15,265.00 from Tippin T Cattle for the 2024 Hay Rights at Fort Scott Municipal Airport. D. Olson seconded the motion. All voted yes.
MOTION PASSED BY 5-0 VOTE.
Certificate of Appropriateness for 124 E. Wall Street – Hole in the Wall Liquor (Time stamp 1:35:13) The request by applicant Roy Hoehner to install solar panels on the roof and east-facing awning of the building within the Historic District was recommended by the Design Review Board on May 29, 2024. Discussion was had about the panels on the awning.
MOTION: T. VanHoecke moved to approve the request based on the recommendation of the Design Review Board. T. Dancer seconded the motion. K. Salsbury, T. VanHoecke and T. Dancer voted yes. M. Wells and D. Olson voted no.
MOTION PASSED BY A 3-2 VOTE.
Certificate of Appropriateness for 110 South Main LLC – 110 S. Main Street (Time stamp 1:52:11) The request by applicant Kathy Dancer to replace façade lettering, placement of exterior heat pump condenser in south window bay but enclosed with period appropriate custom screen, replacement of 2nd floor windows with decorative mullions and replace blocked in arch walls with storefronts in tow central bays and compliant doors was recommended by the Design Review Board on May 29, 2024.
MOTION: M. Wells moved to approve the application for the Certificate of Appropriateness for 110 South Main LLC. D. Olson seconded the motion.
MOTION PASSED BY 4-1 VOTE.
Consideration of Request for a New City License to Serve Alcoholic Liquor and Cereal Malt Beverages for Consumption On The Premises – Mi Ranchito – 17 S. Main Street
MOTION: T. VanHoecke moved to approve the new City License for MiRanchito at 17 S. Main Street. D. Olson seconded the motion. All voted yes.
MOTION PASSED BY 5-0 VOTE.
Public Comment (Time Stamp 1:59:46)
Michael Hoyt addressed a public notice from KDHE that was presented at County Commission meeting the night before, would also like to be read into the budget process and had a question regarding the approved the jet foam treatment for the sanitary sewers.
Appearances
Amanda Lancaster/Diehl, Banwart & Bolton appeared by request and addressed the Commission regarding the expectations of the Single Audit vs. Regular Audit.
Reports and Comments
– Approval to proceed with equipment auction
ACTION: B. Matkin will get a date for the auction and D. Olson requested a list of equipment inventory.
– Summer Collegiate Baseball league
– Memorial Hall Request for Proposals to repair façade – will bring to Commission if they come in over $10,000.00
– Want to explore current regulations for shipping containers
ACTION: B. Matkin will bring information for discussion about shipping containers to the next Commission meeting
– Update on Horton & 6th Street Project – start date is July 8th, 2024, and is expected to be a 230-day project.
– Rerouting to be done with signage to adjacent side streets.
– K. Salsbury (Time stamp 2:33:35)
– M. Wells (Time stamp 2:33:47)
– T. VanHoecke (Time stamp 2:34:30)
– D. Olson (Time stamp 2:36:50)
– T. Dancer (Time stamp 2:36:56)
MOTION: (Time stamp 2:39:28) – T. VanHoecke moved to adjourn the meeting at 8:39PM. K. Salsbury seconded the motion. All voted yes.
JUNE 4, 2024, MEETING ADJOURNED AT 8:39PM
_______________________________________________________________________
Submitted by:
Lisa A. Lewis, City Clerk
June 3, 2024 Monday, 5:30 p.m.
The Board of Bourbon County Commissioners met in open session with Commissioners Jim Harris and Brandon Whisenhunt and the County Clerk present.
Clint Walker, Rachel Walker, Bo Casper, Katie Casper, Jason Silvers, Michael Hoyt, Larry Martin, Deb Martin, Vance Eden, Pete Owenby, Brent Smith, Angie Owenby, Teri Hulsey, Deb McCoy, Mary Pemberton, and David Beerbower were present for some or all of the meeting.
Jim opened the meeting with the flag salute.
Brandon made a motion to approve the consent agenda which includes approval of minutes from 5-20-24, approval of April Financials, approval of payroll totaling $283,157.83, and approval of accounts payable totaling $406,658.57. Jim seconded the motion and all approved.
Jim made a motion to amend the agenda to add Vance Eden to the agenda before the public comments. Brandon seconded the motion and all approved.
Vance Eden, Superintendent of USD 235, stated he has been to a few meetings and provided statute to the Commissioners regarding distribution of funds and would like to get an update on the status of his request for Jayhawk Wind funds to be distributed to USD 235. Jim stated legal says it is a donation not PILOT funds which fall under different statues. Jim said he would support a project with USD 234 and USD 235 and Fort Scott Community College on a trades program and that they could possibly use wind money to support the joint effort. Vance handed out the Jayhawk Wind Contribution Agreement and Jim asked if it says PILOT, Vance said no but it does in meetings and on the budgets as well as receipts provided by the Treasurer’s Office. Jim said he wants to work with legal counsel to determine if we have to distribute the funds and asked Brandon if it was ok for him to work with Vance and Justin, which Brandon agreed to.
Katie Casper stated she spoke at the 4-15-24 meeting and that she was told by Jim if an attorney’s opinion was obtained that demonstrated how the Commission could establish and negotiate setbacks on existing contracts that you would amend the moratorium to include all contracts not just those signed and notarized after April 15th. A group of concerned citizens contacted an attorney who has experience in the industry and delivered that letter to the Commission at the April 29th meeting where both Commissioner Beth and Harris stated the letter had no legal merit based on the advice of five attorneys. Katie said when she asked if there was a written opinion from any of those attorneys the only documentation that she received was a print out of a PowerPoint Presentation from December 2023 that was presented at the Kansas Association of Counties meeting from an attorney group who represents NextEra. Katie said her question was since the citizens provided what was asked of them is there a formal response from any of the five mentioned attorneys that specifically addresses the opinion that was provided? Jim said that he has nothing in writing and that legal said we couldn’t because of the signed contracts. Jim said he has spoken to Crawford County officials on what they are doing regarding solar and thinks we can copycat off what they’re doing. Jim said he would ask if he could get a written legal opinion on why we cannot take on the contracts and he said our insurance company would cancel if we did this and we can’t operate as a county without insurance. Katie said she had a local insurance agent contact her who stated property owners who are considering solar contracts have asked if those solar panels are covered under their farm liability insurance and they are not. Katie stated the solar companies are not adding those property owners as loss payees on their insurance policies and thinks that is something the public needs to be made aware of. Katie stated at the May 20th meeting the Commission advised citizens to get a petition signed by constituents if we wish to place limited zoning on the ballot. A petition was presented to the County Counselor for approval before circulating for signatures as required and the response they received was that said petition was invalid as by statute zoning cannot be placed on the ballot by petition but must be done by resolution of the Commission. Katie asked if it was known that a petition could not be used and if they were just sent down a rabbit trail or did no one know the process but we were advised to do it anyway? Jim said he thought that anything could go on the ballot. Katie reminded the Commissioners that they work for all the people of Bourbon County and stated some people don’t want zoning because they don’t understand what it means. Jim said they are going to get a committee together and a comprehensive plan must be in place before they can move forward and that is something they will talk about when Commissioner Beth gets back. Katie asked about conflicts of interest regarding the solar contract negotiations and Justin stated he has no conflict whatsoever. Katie asked Justin if he was aware we couldn’t put zoning on the ballot and he said he spent a good portion of his week researching zoning and that he has advised the Chairman to hire an outside expert like Crawford County has. Jim handed out copies of Resolution 05-22 and read the resolution that was passed by the Commissioners in May 2022. Jim said the Commissioners received the request for the resolution by citizens and that he supported it and it clearly says we don’t support imminent domain. Jim said that they support individual’s property rights and now people are asking them to tell their neighbors what they can and can’t do. Larry Martin asked if his neighbor’s property rights cancel out his property rights. Jim said if it harms you then it is a civil matter. Tim Emerson said it affects everybody in Bourbon County because if there is a hailstorm then the runoff will go into creeks. Jim said he respects Tim’s opinion but said that to his knowledge KDHE doesn’t think they’re as dangerous as he let on. Pete Owenby asked if that means he can do anything on his land and who cares what his neighbor says?
Clint Walker spoke of the importance of a grant writer and referred to an article he read about a resident who was able to get a new roof and said he thinks the County, Cifty of Fort Scott, and City of Uniontown should work together to try to do that.
Mary Pemberton said it irritates her that you don’t take the time to educate yourself before you take action. Mary said that property owners have nothing to do with setbacks. Jim asked why Mary wanted a committee formed then. Mary said that the setbacks are determined in the contracts the County Commissioners sign with the developers. Mary said to look at what was done in the past and not make the same mistake in the future.
Pete Owenby asked Jim if he looked at the solar farm in El Dorado Springs, Missouri and Jim said no, but he looked at one by St. Louis. Pete said he got out and walked near the one in El Dorado Springs and that he could feel electricity in the air that made his hair stand up. Pete asked if they are sure there is no conflicts of interests in the negotiation of the solar projects and Jim said he can’t speak for Brandon or Clifton but that he has no conflict of interest. Pete asked what is going to happen when his insurance rates are going to go up due to the solar farm that will be next to his house and property. Jim said that would be a civil matter.
Eric Bailey, Public Works Director, presented the monthly culvert report for approval and stated the fuel report was emailed to them. Eric said they are currently mowing hard surface roads and main arterial roads. Eric and Dustin Hall, Assistant Public Works Director, discussed the storm cleanup and stated due to the amount of damage it could take one to two years to get everything back to how it was. Eric and Dustin have driven all the roads in the county and marked damage on the map and their estimate of damage is 9.5 million dollars and that includes debris removal, washout repairs, gravel, culverts, and putting the roads back in the condition they were. Eric asked to be allowed to purchase through SourceWell a mini excavator in the amount of $46,408.27 by lease purchase to use for the storm cleanup. Eric said he feels they will be reimbursed for the work through FEMA. Eric said if FEMA doesn’t cover the cost, they have enough in their equipment fund to cover the purchase. Brandon made a motion to approve the purchase of a Sany SY35CU with our first payment due next February at a rate of 4.05%. Eric said if they are reimbursed by FEMA, they plan to pay it off before they pay any interest on the machine. Jim seconded the motion and all approved. Eric asked for a 10-minute executive session for non-elected personnel. Brandon made a motion to go into a 10-minute executive session under KSA 75-4319 (b)(1) to discuss personnel matters of individual nonelected personnel to protect their privacy to include both Commissioners, Eric Bailey, and Justin Meeks and they will return at 6:43. Jim seconded the motion and all approved. Jim made a motion to resume normal session with no action at 6:43. Brandon seconded the motion and all approved.
Teri Hulsey, EMS Director, said she posted their stats online and received a lot of questions regarding it so she would like to answer those tonight. It was asked what constitutes a dry-run and Teri said that could involve blood draws for the Sheriff’s Office or Police Department after CHC is closed, lift assists for the elderly who fall but are not injured and sign a refusal form. Teri said they are dispatched to all car versus deer accidents when airbags have deployed even if the caller said they are not injured and they will obtain a signed refusal form. Teri said it can also be if a patient calls EMS but then decides they don’t want to be treated. EMS had 98 dry runs last month. Diabetic emergencies with low blood sugar can usually be treated on scene and billed because the paramedics give medication to help raise the blood sugar while the other dry runs listed are not billable. Teri said that they could be cancelled in route due to an OnStar crash activation when the Sheriff’s Department or Police Department get on scene and state there is no need for EMS. Teri said they respond to all structure fires and remain on scene until released by command. Events such as the rodeo and sporting events are examples of standby calls where EMS can bill for their services. When employees are notified to come in for an all call, they are reimbursed their normal rate for a minimum of two hours. All 911 calls with transport are billable and Teri said she does not have the number of those that don’t pay. Teri said they are going to start using the State Setoff Program to try to recover some of the EMS bills that have not been paid. Teri stated they received a $3,000 grant from Wal-Mart and she thanked REDI for their help obtaining that.
Jennifer Hawkins, County Clerk, presented an Office365 quote from the IT department for the Commissioners to approve. Brandon made a motion to approve, sign, and pay the Office365 quote as presented. Jim seconded the motion and all approved. Jennifer stated she received a public notice from KDHE regarding an NPDES permit renewal for a rock quarry at 521 55th Street in Uniontown. The public notice is available for view in the Clerk’s Office.
Brandon said the longer he sits in the Commission seat it seems that residents are getting angrier about solar projects and urged residents to reach out to their neighbors. Brandon said that there is a lot of anger and discontent that solar has caused in the county and he let residents know that they can call him and discuss things so cooler heads can prevail. Jim stated a lot of people are opposed to zoning and that some want solar and that there are people in the county who still didn’t know anything about it. Jim said he talked to two companies who spoke about putting up evergreen trees around the projects and said arguing won’t settle anything.
Michael Hoyt asked how long before the Commissioners hired outside council and if it would be just for zoning or for wind and solar power. Jim said his opinion is he would like to discuss next week going forward with an outside consultant to come in and help us move forward including solar panel farms and any type of special use permit. Michael asked if it was going to be a consultant or legal counsel. Jim said he would like to have work session with the Commission where the public would be invited and they would sit down with a consulting person from a firm that has done this before. Jim said Crawford County is going to let him know who they will be using. The deadline for an individual who is interested in submitting a letter of interest for the solar panel farm committee is June 12th.
Jim made a motion to adjourn the meeting at 6:58. Brandon seconded the motion and all approved.
THE BOARD OF COMMISSIONERS
OF BOURBON COUNTY, KANSAS
___________________, Chairman
___________________,Commissioner
ATTEST: ___________________, Commissioner
Jennifer Hawkins, Bourbon County Clerk
6-10-2024 Approved Date
MANHATTAN, Kansas — Several legislators along with leadership from key Kansas agriculture organizations joined the Kansas Department of Agriculture on June 6 as Governor Laura Kelly signed House Bill 2607, a bill amending and updating the Kansas Pesticide Law.
The KDA pesticide and fertilizer program administers and enforces the laws applicable to pesticide use in Kansas, including the licensure, training, and certification of pesticide businesses, dealers, and applicators. HB 2607 made critical updates to the state’s pesticide law which will enable KDA to continue working with Kansas producers to ensure we have a safe, effective system to provide oversight of pesticide use in the state, emphasizing training and education.
“Legislators, state agencies, and industry stakeholders worked diligently together to achieve this all-encompassing piece of legislation addressing pesticide use and application for future years,” said Representative Lisa Moser, vice chair of the House Committee on Agriculture and Natural Resources.
The bill’s development incorporated input from stakeholders in the Kansas agriculture industry, legislators, and pesticide applicators. The bill makes necessary revisions to expand education, reduce barriers, and meet the standards required by the EPA to enable the program to continue its role in administering and enforcing the Kansas Pesticide Law.
“I appreciate how we were able to collaborate with KDA and others in the Kansas agriculture industry to make amendments in the House to address stakeholder concerns and make this bill work for Kansas,” said Representative Sydney Carlin, ranking minority leader of the House Committee on Agriculture and Natural Resources.
Following the signing of HB 2607, the KDA pesticide and fertilizer team will develop regulations to provide more guidance to the regulated community about how the statute will be applied to those who are licensed as pesticide businesses and applicators. In addition, KDA will work with K-State Research and Extension to develop training and testing materials as outlined in the bill.
For more information about the Kansas Pesticide Law, visit KDA’s website at www.agriculture.ks.gov/
###
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 through proclamation.
“While drought conditions have improved in some areas of the state, 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 over the summer months.”
The drought declaration placed four counties into emergency status, 35 into warning status, and 66 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 Eastern Kansas has seen significant relief from drought since March, central and western Kansas has declined rapidly into Severe and, in a few counties, Extreme Drought.
“The counties in a watch status are experiencing conditions that 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. “Summer has arrived, and with it, higher temperatures and a decrease in precipitation. The Governor’s Drought Response Team will continue to monitor the drought conditions across Kansas and make recommendations to Governor Kelly as conditions change.”
Through an interagency agreement between the Kansas Water Office, the Kansas Department of Wildlife and Parks, and the Kansas Division of Emergency Management, counties in the emergency stage are eligible for emergency water use from certain state fishing lakes and some federal reservoirs.
Individuals and communities must contact the Kansas Water Office for a water supply request before any withdrawals from lakes. These requests will, in turn, be referred to the appropriate office to obtain necessary permits to withdraw the requested water.
This proclamation shall remain in effect for those counties identified until rescinded by a proclamation ending the declaration or revising the drought stage status of the affected counties.
Effective immediately, the proclamation:
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: Hodgeman, Ness, Pawnee, Rush.
Drought Warning: Barber, Barton, Clark,
Comanche, Edwards, Ellis, Ellsworth, Finney, Ford, Grant, Gray, Greeley, Hamilton, Harper, Harvey, Haskell, Kearny, Kingman, Kiowa, Lane, McPherson, Meade, Morton, Pratt, Reno, Rice, Russell, Scott, Sedgwick, Seward, Stafford, Stanton, Stevens, Sumner, Wichita.
Drought Watch: Allen, Anderson, Atchison, Bourbon, Brown, Butler, Chase, Chautauqua, Cherokee, Cheyenne, Clay, Cloud, Coffey, Cowley, Crawford, Decatur, Dickinson, Doniphan, Douglas, Elk, Franklin, Geary, Gove, Graham, Greenwood, Jackson, Jefferson, Jewell, Johnson, Labette, Leavenworth, Lincoln, Linn, Logan, Lyon, Marion, Marshall, Miami, Mitchell, Montgomery, Morris, Nemaha, Neosho, Norton, Osage, Osborne, Ottawa, Phillips, Pottawatomie, Rawlins, Republic, Riley, Rooks, Saline, Shawnee, Sheridan, Sherman, Smith, Thomas, Trego, Wabaunsee, Wallace, Washington, Wilson, Woodson, Wyandotte.
# # #
As the state’s water office, the Kansas Water Office conducts water planning, policy coordination and water marketing as well as facilitates public input throughout the state.
The agency prepares the KANSAS WATER PLAN, a plan for water resources conservation, management and development.
Bourbon County Courthouse
210 S. National Ave Fort Scott, KS 66701 Phone: 620-223-3800
Bourbon County, Kansas
1st District Commissioner
2nd District Commissioner
3rd District Commissioner
Bourbon County Commission Agenda 210 S. National Ave.
Fort Scott, KS 66701
June 10, 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.
Unified School District 234
424 South Main
Fort Scott, KS 66701-2697
620-223-0800 Fax 620-223-2760
DESTRY BROWN Superintendent
BOARD OF EDUCATION REGULAR MEETING
June 10, 2024 – 5:30 P.M.
NEWS RELEASE
1.0 Call Meeting to Order David Stewart, President
2.0 Flag Salute
3.0 Approval of the Official Agenda (Action Item)
4.0 Approval of the Consent Agenda (Action Item)
4.1 Board Minutes
4.2 Financials – Cash Flow Report
4.3 Check Register
4.4 Payroll – May 08, 2024 – $1,677,190.37
4.5 Activity Funds Accounts
4.6 USD 234 Gifts
4.7 Resolution 23-19 KMIP Signers
5.0 Recognitions (Information/Discussion Item)
6.0 Leadership Reports (Information/Discussion Item)
6.1 Superintendent’s Report
6.2 Assistant Superintendent’s Report
6.3 Special Education Director’s Report
6.4 Finance Director’s Report
7.0 New Business
7.1 iReady Testing Quote (Action)
7.2 TCI Social Studies Resource Quote (Action)
7.3 2024-25 District Handbooks (Action)
7.4 Nissan Vehicle Bid (Action)
7.5 Resolution 23-20 – Hazard Mitigation Plan
7.6 Resolution 23-21 – Change Method of Election
8.0 Old Business
8.1 District Cell Phone Policy (Discussion/Action)
9.0 Public Forum
10.0 Other Business –Negotiations
11.0 Other Business – Personnel Matters
12.0 Adjourn Meeting David Stewart, President
Unified School District 234
424 South Main
Fort Scott, KS 66701-2697
620-223-0800 Fax 620-223-2760
DESTRY BROWN
Superintendent
WORK SESSION MEETING
June 03, 2024
5:30 P.M.
NEWS RELEASE
The Board of Education of Unified School District 234, Fort Scott, Kansas, met for a work session at their offices at 424 S. Main at 5:30 p.m.
The Board collaborated with Administration on the vision, mission, & values of the USD 234 school district.
ROLL CALL:
___ Jess Ervin ___ Danea Esslinger ___ Amber Kelly ___ Mary Pemberton ___ Bradley Stewart
Appoint City Clerk/Municipal Court Clerk, City Treasurer, Municipal Judge, Municipal Prosecutor
Designate official bank and newspaper
CITIZENS REQUESTS
FINANCIAL REPORT
Charlene Bolinger – Financial reports
APPROVE CONSENT AGENDA
DEPARTMENT REPORTS
Codes Enforcement: Doug Coyan
Superintendent: Bobby Rich
Clerk Report: Sally Johnson
Copier Maintenance Agreement renewal – increase $25
Councilman Ervin –
Councilwoman Esslinger –
Councilman Kelly –
Councilwoman Pemberton –
Councilman Stewart–
Mayor Jurgensen –
Pickleball court project –
Warehouse refurbishing –
Streets –
ADJOURN Time ____________ Moved by ______________, 2nd ___________________, Approved ___________
The Special Council Meeting on May 23, 2024 at Uniontown City Hall, was called to order at 6:02PM 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 Kelly, Approved 5-0 to enter in to executive session pursuant to non-elected personnel matters exception, KSA 4319(b)(1), in order to discuss duties and benefits of non-elected personnel, the open meeting to resume at 6:30PM
Motion by Ervin, Second by Pemberton, Approved 5-0 to extend executive session pursuant to non-elected personnel matters exception, KSA 4319(b)(1), in order to discuss duties and benefits of non-elected personnel, the open meeting to resume at 6:57PM
Motion by Ervin, Second by Kelly, Approved 5-0 to extend executive session pursuant to non-elected personnel matters exception, KSA 4319(b)(1), in order to discuss duties and benefits of non-elected personnel, the open meeting to resume at 7:20PM
Johnson called in at 6:58PM. Open meeting resumed at 7:20PM.
Motion by Kelly, Second by Esslinger, Approved 5-0 to reject offer to negotiate terms of employment offer and rescind original offer of employment
Moved by Ervin, Second by Kelly, Approved 5-0, to adjourn at 7:22PM
The Special Council Meeting on May 14, 2024 at Uniontown City Hall, was called to order at 6:17PM 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 Betty Hartman, Delci Allen, and City Clerk Sally Johnson.
Motion by Ervin, Second by Kelly, Approved 5-0 to enter in to executive session pursuant to non-elected personnel matters exception, KSA 4319(b)(1), in order to interview applicants for non-elected personnel, the open meeting to resume at 7:29PM
Betty Hartman in at 6:30PM, out at 6:43 PM.
Delci Allen in at 6:56PM, out at 7:15PM
Open meeting resumed at 7:29PM.
Motion by Pemberton, Second by Kelly, Approved 5-0 to hire Delci Allen to fill City Clerk positon, a full-time position eligible for all full-time benefits as stated in the Employee Policy Manual, to start on May 28, 2024
Moved by Ervin, Second by Pemberton, Approved 5-0, to adjourn at 7:30PM
Regular Council Meeting
The Regular Council Meeting on May 14, 2024 at Uniontown City Hall, was called to order at 7:30PM 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 were Don George (KDWPT, Codes Officer Doug Coyan, City Treasurer Charlene Bolinger, City Superintendent Bobby Rich and City Clerk Sally Johnson.
SPECIAL CONSIDERATIONS/PROJECTS

Don George, KDWPT, presented a check for CFAP grant reimbursement for Phase II Uniontown School Pond Improvement Project. He asked if the City had any new projects in mind for the pond and explained the lack of funding for the CFAP lease program. Lease payments will no longer be paid starting in 2025. CFAP-1forms still need to be submitted for 2024 but not at all beginning in 2025.
CITIZENS REQUEST
None
FINANCIAL REPORT
Due to an issue with the new software, bank reconciliation has not yet been completed; therefore, there were no financial reports presented.
Motion by Ervin, Second by Esslinger, Approved 5-0 to amend Consent Agenda, remove Treasurer’s Report
CONSENT AGENDA
Motion by Ervin, Second by Esslinger, Approved 5-0, to approve amended Consent Agenda:
DEPARTMENT REPORTS
City Superintendent Rich reported the fence on south side of lagoon down due to flooding. Clerk Johnson has contacted Bourbon County Emergency Management about the PA meeting for the declared disaster. She will followup with them as there have also been reports of flooding in buildings and ditches/culverts overflowing during the disaster event. Trail drainage work on southeast corner of trail is washing out to ditch on north side of 1st St inhibiting water flow. Clerk Johnson will contact school about this. Also reported that Rogers & Son has begun the work on filling in the scales. He had to move the fuel tank. He couldn’t get enough clearance to move very far. Pemberton and Stewart will check into equipment to move to a new location.
Codes Enforcement Officer Doug Coyan discussed various projects in progress around town. He also discussed various locations with nuisance violations. He will try to make personal contact with property owners/tenants before sending letters or posting “Mow Your Yard” signage.
Clerk Johnson informed the Council the storm siren maintenance agreement renewal increased 216%. Council directed to solicit quotes from other electrical companies also.
Kansas Health and Environment Labs will begin moving into their new location in January 2025. Nothing required of us at this time.
Motion by Ervin, Second by Pemberton, Approved 5-0 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 9:20PM
Open meeting resumed at 9:20PM.
Motion by Esslinger, Second by Kelly, Approved 5-0 to hire Colby Herring as custodian/water sampler
COUNCIL REPORT
Councilman Ervin – nothing
Councilwoman Esslinger – nothing
Councilwoman Kelly – tornado shelters were not timely unlocked. Mayor Jurgensen has talked to new fire chief about this and will request a copy of chain of command for sounding siren and unlocking doors and also ask for a point of contact.
Councilwoman Pemberton – nothing
Councilman Stewart – nothing
Mayor Jurgensen – nothing
OLD BUSINESS
Pickleball Court Placemaking Project – items for painting court have been acquired, just waiting on weather.
Warehouse project – Specs for the refurbishment of the warehouse was discussed in depth. Resolution No 2024-0514-1 to sell 402 Sherman and allocate funds from sale to offset costs to refurbish warehouse into public works space.
Motion by Ervin, Second by Kelly, Approved 5-0 to adopt Resolution No. 2024-0514-1 a resolution to sell city property and to allocate the proceeds from sale of city property for refurbishment of public works building
NEW BUSINESS
Streets – Mayor Jurgensen has spoken with Bettis again to remind him of the warranty work needed on work they completed last year. He also discussed information on the KDOT Cost Share program.
Moved by Ervin, Second by Kelly, Approved 5-0, to adjourn at 9:53PM