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Sen. Hilderbrand’s Newsletter March 16

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State senator Richard Hilderbrand 13th district

communications from the state capitol

March 16, 2018 ∙ Week Ten

Quote of the Week:
“I believe there are more instances of the abridgment of the freedom of the people by gradual and silent encroachments of those in power than by violent and sudden usurpations.”
― James Madison

HARD FACTS:

  • According to the State General Fund Profile for FY 2016-2022, Kansas will have a $300.7 million deficit. This does not include additional funding to K-12 education and continues to transfer sales tax from the State Highway Fund. (Kansas Legislative Research Department) http://www.kslegresearch.org/KLRD-web/SGF-Receipts.html.
  • Four of the five metropolitan areas reported positive job growth since December 2017 with Kansas City reporting the largest gain of 800 jobs (Kansas Department of Labor) https://klic.dol.ks.gov/gsipub/index.asp?docid=472.

Explora is an online resource available from the State Library’s web site: http://kslib.info/students. Click on the grade appropriate icon for assistance with Middle School or High School homework or class assignments. Explora delivers high-quality articles from reputable publishers with no pop-ups or ads. Reading level indicators allow selection of material that matches students’ reading abilities. Broad topic overviews provide students with a starting point for their research.

If the page above asks for a Kansas Library eCard number, you may get one at any library in Kansas.  Most people will be automatically recognized as inside Kansas and will not need this step.   Questions: [email protected] or 785-296-3296.

FLOOR ACTION:

MOTORCYCLE APPROVED SAFTEY TRAINING CURRICULUM (SUB HB 2194): Substitute for House Bill 2194 would exempt applicants for Class M (motorcycle) driver’s licenses who have completed curriculum recognized by the Kansas Department of Education and the Motorcycle Safety Foundation from completing further written and driving testing by the Division of Vehicles. The bill would require an applicant who completes a motorcycle safety curriculum to provide a copy of the Motorcycle Safety Foundation completion form to the Division of Vehicles prior to receiving a Class M license. The bill would also clarify the driving examination required for licensure shall be administered by the Division of Vehicles, the U.S. Department of Defense, or as part of a recognized curriculum. This bill passed the Senate 40-0.

ALCOHOLIC CANDY (HB 2476): House Bill 2476 defines “alcoholic candy” as any candy or other confectionery product with an alcohol content greater than 1.0 percent alcohol by volume. Alcoholic candy would be subject to regulation by the Alcoholic Beverage Control Division of the Kansas Department of Revenue, and retailers would be required to have a liquor license to sell such products. The bill also would increase an exemption for the alcohol allowed in confectionery products under current law regarding adulterated foods from less than 0.5 percent to not more than 1.0 percent.

The bill would also allow licensed microbrewers in the State to produce beer containing up to 15.0 percent alcohol by weight. Current law prohibits microbrewers from producing beer with more than 10.0 percent alcohol by weight. A microbrewery licensee would be allowed to sell beer manufactured by the licensee in refillable and sealable containers to consumers for off-premises consumption if containers do not contain less than 32 fluid ounces or more than 64 fluid ounces of beer. Licensees would be required to affix labels to all containers sold, which would include the licensee’s name and the name and type of beer in such container. This bill passed the Senate 38-2. (I voted against this bill. This bill will contradict federal law that only allows up to 0.5 percent of alcohol in confectionery products. Without making the necessary changes to protect the vendors in our state, this could leave them vulnerable to prosecution by the federal government.)

EMERGENCY OR CATASTROPHE (HB 2469): House Bill 2469 prohibits local units of government from imposing restrictions or enforcing local licensing or registration ordinances on insurance claims’ handling operations during any catastrophic event threatening life or property. The bill would require insurers to notify the city or county prior to establishing a claims handling operation. Under the bill, a political subdivision would not be prohibited from exercising its police power when necessary to preserve public health and welfare, including, but not limited to, enforcing its building, zoning, and fire safety codes. This bill passed the Senate 40-0.

OFFENDER’S CRIMINAL HISTORY CLASSIFICATION (HB 2567): House Bill 2567 modifies a statute governing determination of criminal history to replace references to “another state” with “the convicting jurisdiction,” clarify the comparable offense to be used for comparison for misdemeanor crimes in another jurisdiction is the offense under the Kansas Criminal Code in effect on the date the current crime of conviction was committed and standardize terminology.

The bill also would add a provision that if a crime is not classified as either a felony or misdemeanor in the convicting jurisdiction, the comparable offense under the Kansas Criminal Code in effect on the date the current crime of conviction was committed shall be used to classify the out-of-state crime as either a felony or misdemeanor. If Kansas does not have such comparable offense, the out-of-state crime would not be used in classifying the offender’s criminal history. This bill passed the Senate 40-0.

TRIBAL REGALIA AND OBJECTS OF CULTURAL SIGNIFICANCE AT PUBLIC EVENTS (HB 2498): House Bill 2498 would prohibit state agencies and municipalities from prohibiting any individual from wearing tribal regalia or objects of cultural significance at an event held or sponsored by a state agency or municipality, including, but not limited to, an award ceremony, a graduation ceremony, or a meeting of a governing body. Kansas Legislature declares the purpose of the bill is to help further the State’s recognition of the distinct and unique cultural heritage of Native Americans and the State’s commitment to preserving Native Americans’ cultural integrity. On the effective date of the bill, the Secretary of State would have to send a copy of the bill to each tribal government on the four reservations in Kansas on the effective date of the bill. This bill passed the Senate 40-0.

CHANGING LICENSURE REQUIREMENTS FOR CHILD CARE FACILITIES (SB 428): Senate Bill 428 changes the licensure requirements for a child care facility operating in a public recreation center or school. A public recreation center means any building used by a political or taxing subdivision of the state, and does not include child care facilities located in an individual’s residence. This bill passed the Senate 40-0.

CAMPUS FREE SPEECH PROTECTION ACT (SB 340): Senate Bill 340, the Campus Free Speech Protection Act, forbids public universities from creating free-speech zones, requiring students from adopting certain beliefs, and prevents schools from banning speakers based on the content of their speech.

SB 340 was introduced to protect all students’ First Amendment rights and helps to prevent unfair treatment due to students’ individual beliefs. Censorship on college campuses has been an issue throughout the nation in recent years, growing even more common since the 2016 election. The implementation of free-speech zones act as restrictive measures where students are only allowed to express their beliefs or host tabling in designated areas on campus. Legislators argued during debate that as state institutions, students should be allowed to exercise their First Amendment rights throughout the entire campus. This bill failed 20-20 (21 votes are needed to pass). (I voted for this bill. It is very disappointing to know that we were not able to guarantee freedom of speech on our college campuses.)

CLARIFYING JUVENILE OFFENDER REVIEW REQUIREMENTS (HB 2454): House Bill 2454 would amend the statute in the Revised Kansas Juvenile Justice Code governing detention hearings to expand the permitted use of two-way electronic audio-visual communication between the juvenile and the judge. The bill would further amend law related to detention review hearing by adding a provision stating that hearings are not required for a juvenile offender that is held in detention awaiting case disposition. If a juvenile is being held in detention, HB 2454 would require sentencing to take place within 45 days after the juvenile has been adjudicated. This bill passed the Senate 40-0.

PROHIBITING GUN OWNERSHIP TO THOSE CONVICTED OF DOMESTIC VIOLENCE (HB 2145): House Bill 2145 would prohibit gun ownership to those convicted of a misdemeanor domestic violence offense within the last five years. HB 2145 would also amend state law by adding throwing star with intent to harm as a crime. Before this amendment, an individual could be held accountable for simply possessing a throwing star. This amendment clarifies that individuals can only be held accountable if they possess a throwing star and have an intent to harm another person. This bill passed the Senate 40-0.

FIREARM RECIPROCITY (HB 2042): House Bill 2042 allows for the recognition of out-of-state concealed carry permits. HB 2042 requires individuals with out-of-state concealed carry permits to abide by Kansas law while in the state. This bill passed the Senate 25-15 (I voted for this bill)

  • During the debate over the attempt to raise the age for purchasing a rifle to 21, Senator Barbara Bollier tried to make the argument that the brain development of 18-20 year-olds made it inappropriate for them to have a rifle, even though they can vote and serve in the military. Sen. Masterson responded, “We’re getting way off topic talking about cerebral cortexes.”
  • In that same portion of the debate, Sen. Richard Hilderbrand argued that it was inappropriate to not allow those 18-20 to carry a rifle, because they can vote and serve in the military. Sen. Holland countered that we restrict the right of such individuals to drink. However, Sen. Hilderbrand pointed out that there is a right to bear arms in the Second Amendment, but there is no right to drink anywhere in the Constitution. This time, Sen. Bollier attempted to claim there was a “Constitutional right to alcohol” in the Twenty-first Amendment, but that is incorrect. The Twenty-first Amendment merely repealed the federal prohibition on the sale, transportation, and manufacture of intoxicating liquors. In fact, Section 2 of that amendment essentially provides states complete control over alcohol laws. We’ve seen that play out here in Kansas, where alcohol laws were strict and have since been somewhat loosened.


GOV. COLYER’S EXECUTIVE ORDER ON DROUGHT AND WILDFIRE HAZARDS:

On Monday, Governor Jeff Colyer signed an executive order covering all 105 counties in Kansas on the hazard of severe drought and wildfires. He placed 28 counties in emergency status, 29 in warning status, and 48 in watch status. The executive order comes after several wildfires took place over the past week. The most severe region in the state includes Hamilton, Barton, Rice, Reno, Sedgwick, and Sumner counties. The least threatened areas include counties on the Nebraska line and Northeast Kansas along the Missouri border.

INDIA DAY AT THE STATEHOUSE:

India Day at the Kansas Capitol was held on Wednesday March 14th. The event was sponsored by Governor Colyer, Senate President Wagle, Speaker of the House Ron Ryckman, and Senator Rob Olson. The event promoted Indian culture and recognized prominent Indian decision makers from across the state. There were numerous tables in the Capitol rotunda that showcased different regions, religions, arts, and culture of India.

NEXT WEEK:

MONDAY-

  • Hearing on: (opponents) HB 2583, relating to the control and eradication of noxious weeds in the state of Kansas — [Senate Agriculture and Natural Resources Committee, March 19 at 8:30 am]
  • Hearing on: HB 2674, establishing Kansas telemedicine act — [Senate Public Health and Welfare Committee, March 19 at 9:30 am]
  • Hearing on: Sub HB 2556, establishing the state interoperability advisory committee — [Senate Ways and Means Committee, March 19 at 10:30 am]
  • Presentation on: Overview of Study-Dr. Lori Taylor and Jason Willis — [Joint Meeting with Senate Select Committee on Education Finance & House K-12 Education Budget, March 19 at 12 pm in 346-S]

TUESDAY-

  • Hearing on: SB 444, decreasing the sales and use tax rate on food and food ingredients — [Senate Assessment and Taxation Committee, March 20 at 9:30 am]
  • Hearing on: HB 2604, secretary of state; posting precinct level election results; certain offices — [Senate Ethics, Elections and Local Government, March 20 at 9:30 am]
  • Hearing on: HB 2642, elections; corrupt political advertising — [Senate Ethics, Elections and Local Government, March 20 at 9:30 am]
  • Hearing continuation on: Proponents SB 401, creating the adoption protection act — [Senate Federal and State Affairs Committee, March 20 at 10:30 am, Room Change: 346-S]
  • Hearing on: SB 431, creating the extreme risk protective order act — [Senate Judiciary Committee, March 20 at 10:30 am, Room Change: 144-S]
  • Hearing on: HB 2566, making the criminal penalty for possession of THC equal to the criminal penalty of possession of marijuana — [Senate Judiciary Committee, March 20 at 10:30 am, Room Change: 144-S]
  • Informational hearing on: HB 2701, establishing the statewide broadband expansion task force — [Senate Utilities Committee, March 20 at 1:30 pm]
  • Hearing on: SB 422, requiring a minimum local option budget and requiring local school boards to notify the state board of education of their intent to increase local option budget authority — [Senate Select Committee on Education Finance, March 20 at 1:00 pm in 144-S]

WEDNESDAY-

  • Hearing on: HB 2416, income tax credit for certain purchases of goods and services by a taxpayer from qualified vendors that provide employment to the individuals who are blind or severely disabled — [Senate Assessment and Taxation Committee, March 21 at 9:30 am]
  • Informational hearing on: SB 49, elections; registration; election day registration — [Senate Ethics, Elections and Local Government, March 21 at 9:30 am]
  • Hearing on: HB 2496, enacting the nurse licensure compact — [Senate Public Health and Welfare Committee, March 21 at 9:30 am]
  • Hearing on: Opponents SB 401, creating the adoption protection act — [Senate Federal and State Affairs, March 21 at 10:30 am, Room Change: 346-S]
  • Hearing on: HB 2648, including federal law enforcement officers in assault and battery against a law enforcement officer — [Senate Judiciary Committee, March 21 at 10:30am, Room Change: 144-S]
  • Hearing on: Senate “simplified transportation formula” — [Senate Select Committee on Education Finance, March 21 at 1:30 pm in 144-S]

THURSDAY-

  • Hearing on: SB 376, increasing the rates of taxation of cigarettes and tobacco products; establishing the cigarette and tobacco product cessation fund — [Senate Assessment and Taxation Committee, March 22 at 9:30 am]
  • Presentation on: Concurrent Enrollment and ACT – for all High School — [Senate Select Committee on Education Finance, March 22 at 1:00 pm in 144-S]

Below are links to make it easy for constituents to follow the Kansas Legislature:

Website – www.kslegislature.org. It is great for looking up bills, calendars, journals, as well as, the roster in each Chamber.

YouTube of Legislature – http://bit.ly/2CZj9O0 Did you know the legislature is now streaming its proceedings? The YouTube page has an archive of the sessions thus far – including the State of the State and the State of the Judiciary.

Committee Streaming – http://sg001-harmony.sliq.net/00287/Harmony/en/View/Calendar/ The Kansas Legislature is also streaming committees, with every committee room equipped with audio streaming technology.

Thank You for Engaging

Thank you for all your calls, emails, and letters regarding your thoughts and concerns about happenings in Kansas. Constituent correspondence helps inform my decision-making process and is taken into great consideration when I cast my vote in the Kansas Senate. I hope you’ll continue to engage with me on the issues that matter most to you, your family, and our community. If you are on Twitter or Facebook, I encourage you to follow along with the #ksleg hashtag for real-time updates on legislative happenings in Topeka.

Please know that I am fully committed to addressing the current issues in our state, and I am proud to be your voice in the Kansas Senate.

Obituary, Submitted

Obituary Of Doris Kay Kelcher

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Doris Kay Belcher, age 73, a resident of Ft. Scott, KS, died Tuesday, March 20, 2018, at the Franklin House, Ft. Scott.

She was born February 8, 1945, in Hammond, KS, the daughter of Cleatis Carl Duncan and Thelma May Cummings Duncan.

She worked as a CNA and cared for the elderly for several years. She especially enjoyed caring for the Sisters of Mercy at the convent in Ft. Scott.

She married Ralph Belcher on July 26, 1982, in Miami, OK. He preceded her in death on June 23, 2009.

She liked to crochet and read. She was a former member of the LaCygne Christian Church.

Survivors include four daughters, Rebecca Cowlishaw and Cheryl Cowlishaw, both of Ft. Scott, Gail Walker, Drexel, MO, Jean Mataya, Roseburg, OR; two sons, Patrick Duncan Williams, Mayfield, KY, and Matthew Huggins, Lenexa, KS; a brother, Carl Dean Duncan, Blue Mound, KS; a sister, Shirley Chambers, LaCygne, KS; 23 grandchildren; 33 great-grandchildren; and several nieces and nephews.

Besides her husband, she was preceded in death by a daughter, Deana Butler; a twin brother, Dennis Duncan; a sister, Donna Parker; a granddaughter; a great-grandson, Cooper Adams; a great-granddaughter, Noel Grace Belcher; and her parents.

Funeral services will be held at 10:00 AM Thursday, March 22, at the Cheney Witt Chapel. Burial will follow in the U. S. National Cemetery. Memorials are suggested to the Doris Belcher Memorial Fund and may be left in the care of the Cheney Witt Chapel, PO Box 347, 201 S. Main, Ft. Scott, KS 66701. Words of remembrance may be submitted to the online guestbook at cheneywitt.com.

K-State Extension, Submitted

March is National Nutrition Month: Make food ‘Go Further’

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Submitted by Kathy S. McEwan, Family and Consumer Sciences Agent, Foods & Nutrition, SNAP-Ed Coordinator, Southwind Extension District

 

 

To celebrate National Nutrition Month in March, the National Academy of Nutrition and Dietetics is promoting the theme, ‘Go Further with Food.’

In today’s world, it’s a worthwhile call to action, says Kansas State University nutrition specialist Sandy Procter.

The Food and Agriculture Organization of the United Nations reports that one-third of food produced for human consumption is lost or wasted globally, which is about 1.3 billion tons of food – and just under $1 trillion in equivalent U.S. dollars – each year.

Not all of that is food lost in the home, but Procter said that’s a good place to start.

“It’s not just the people with higher incomes who waste food,” said Procter, who is with K-State Research and Extension. “Folks that are trying really hard to save money and do all of their grocery shopping just once a month are likely to have more food waste than if they were able to get to a store on a regular basis.”

To maintain good nutrition and reduce the amount of food wasted, Procter shared these ideas for helping to make food go further:

Fruits and vegetables. “The way you store fruits and vegetables is part of the art of reducing waste,” Procter said. Extension educators often conduct tours with shoppers to help them identify good quality fruit and vegetables, and then how those will be stored. For example, tomatoes don’t need to be refrigerated, but strawberries certainly do.

Selecting quality produce and storing them correctly “work together to keep food at its best as long as possible,” Procter said.

Meats. Buying in bulk may help you save money at the store, but “it takes a little bit of discipline,” Procter said. A five-pound package of chicken thighs may be on sale, but “unless you’re doing a banquet, you’re probably going to want to re-package for freezing and have those ready in a size that you can thaw out for a meal’s worth.”

Make a plan for cooking meals. It takes some planning, but if you can take time on the weekend to cook and then freeze individual meals, it saves time and helps to use up available groceries.

Others may choose to shop for ingredients as they’re needed, though Procter says “that can create a problem with access to the right ingredients, in addition to more time spent shopping.”

Use the foods you have. Everyone tends to build up extra cans of food or other items that were originally intended for another purpose. As those build up, think of how you can pair foods to make another meal.

“Maybe you have a protein, and maybe you have a vegetable and sometimes it can be incorporated into a one-pot meal,” Procter said. “Or, maybe you have a can of tuna and corn, and you can do a similar type meal with ingredients that you wouldn’t normally choose but would fill all of the components of a healthful meal.”

There are many other ways that consumers can contribute to making food go further, she said, including trying a variety of foods, purchasing at local farmer’s markets, and supporting the local food pantry.

“Eating a variety of foods is a way to ‘go further’ in a healthy lifestyle,” she said. “The body does amazing things; if we make choices from a variety of colors and variety of foods, our body is going to get most of the nutrients that it needs just from the variety that we choose.”

Procter noted that farmer’s markets give consumers a chance to talk directly with the person who has grown a certain food. “And the foods are going to be at their prime, and we’re probably not going to be able to experience them at a more tasty level than what we might find at the farmers market,” she said.

For more information on health and nutrition, contact Kathy at [email protected] or by phone at 620-365-2242.  Information about National Nutrition Month is available at https://www.eatright.org/food/resources/national-nutrition-month.

Area News, Submitted

Rural Mercy Clinic Serves More than Patients

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Kim Burns, FNP, Mercy Clinic Family Medicine Arma.

The size of Mercy Clinic Family Medicine Arma may be small, but its impact is widespread. That’s because nurse practitioner Kim Burns sees her role as a health care provider to be more than a clinician. “My work is to serve people and that carries endless possibilities outside the walls of a clinic. It is my privilege to help students find their passion in life and then work alongside them to see their dreams come true.”

 

 

 

Bourbon County, Government, Submitted

The Agenda For The Bourbon County Commission March 20

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Agenda

Bourbon County Commission Room

2nd Floor, County Courthouse

210 S. National Avenue

Fort Scott, KS 66701

Tuesdays starting at 9:00

Date: March 20, 2018

1st District-Lynne Oharah Minutes: Approved: ____________

2nd District-Jeff Fischer Corrected: _______________

3rd District-Nick Ruhl Adjourned at: _______________

County Clerk-Kendell Mason

9:00- 9:15 Jim Harris- Discussion of truck

9:15-9:30 Jim Harris- Discussion of Right-Of-Way East Hwy 54

9:30-9:45 Jim Harris- Chemical Bids

9:45 -10:00 Fire Department 3 and Fire Department 4 Consolidation

10:30-10:45 Justin Meeks- Opioid meeting discussion

11:00-12:00 Justin Meeks

12:00 Commissioners gone to lunch

2:00 Fair Housing Month

2:30 Employee Handbook

Justifications for Executive Session:

-Personnel matters of individual non-elected personnel

-Consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship

-Matters relating to employer-employee negotiations whether or not in consultation with the representative(s) of the body or agency

-Confidential data relating to financial affairs or trade secrets of corporations, partnerships, trusts and individual proprietorships

-Preliminary discussions relating to the acquisition of real property

-Matters relating to the security of a public body or agency, public building or facility or the information system of a public body or agency, if the discussion of such matters at an open meeting would jeopardize the security of such public body, agency, building, facility or information system

K-State Extension, Submitted

Teaching Importance of Farm to Fork

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Submitted by: Carla Nemecek, Southwind Extension District, Director & Agent

While most kids are relaxing and enjoying Spring Break this week, 4-H livestock project members in the Southwind District will be learning more about their livestock projects through a new national program aimed at teaching youth that part of the learning process in raising livestock also involves understanding that our animals will eventually reach the food supply.

Youth for the Quality Care of Animals (YQCA) is a national multi-species quality assurance program for youth ages 8 to 21. The program is designed to provide an estimated 60 minutes of education each year. The online program requires the passing of a series of three quizzes to earn certification. An in-person YQCA workshop requires complete attendance.

YQCA is the result of a collaborative effort between states that have previously offered multi-species youth livestock quality assurance programs, the National Pork Board’s Youth PQA Plus program and representatives from other national livestock groups.

YQCA is designed as an annual education and certification program focused on food safety, animal well-being and character awareness for youth ages 8 to 21 producing and/or showing pigs, beef cattle, dairy cattle, sheep, goats, market rabbits, and poultry. The program has been designed by extension specialists and national livestock program managers to ensure it is accurate, current and relevant to the needs of the animal industry and shows and is appropriate for youth.

The primary goals of the program include:

  • Ensure safety and well-being of animals produced by youth for showing and for 4-H and FFA projects
  • Ensure a safe food supply to consumers
  • Enhance the future of livestock industry by educating youth on these very important issues so they can become more informed producers, consumers and/or employees in the agriculture and food industry
  • Maximize the limited development time and budgets of state and national youth program leaders to provide an effective quality assurance program
  • Offer livestock shows a valid, national quality assurance certification for youth livestock exhibitors

    While the training is not required for youth to exhibit at our local county fairs, it is required for some species at the Kansas State Fair and Kansas Junior Livestock Show. The in-person training will be offered at the Moran Senior Center on Tuesday, March 20 at 10:00 am. Further details can be found on Facebook at ‘Southwind Extension District’, or by calling the Iola Office at 620-365-2242.

Fort Scott, Government, Submitted

FS Commission Agenda/Minutes for March 20

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The agenda for the Fort Scott City Commission, 6 p.m. March 20 at city hall, 123 S. Main.

I. ROLL CALL:

ADAMSON BARTELSMEYER NICHOLS PARKER MITCHELL

II. FLAG SALUTE

III. INVOCATION: Dave Martin, City Manager

IV. PROCLAMATIONS/RECOGNITIONS:

V. CONSENT AGENDA:

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

  1. Approval of Appropriation Ordinance 1211-A totaling $284,110.34.

  1. Resolution No. 12-2018 and Notice of Hearing With Reference to Alleged Unsafe and Dangerous Structure located at 1602 E. Oak – Public Hearing Date – 5/1/2018 at 6:15 p.m.

  1. Resolution No. 13-2018 and Notice of Hearing With Reference to Alleged Unsafe and Dangerous Structure located at 504 S. Judson – Public Hearing Date – 5/1/2018 at 6:15 p.m.

  1. Certificate of Appropriateness – Alterations to 22 & 22 ½ N. Main Street

VI. APPEARANCE/COMMENTS/PUBLIC HEARING:

  1. APPEARANCE:

Mike Trim – School Resource Officer

Jackie Sellers – Senior Citizens/Taxi update

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

C. PUBLIC HEARINGS/COMMENTS:

6:15 p.m. Resolution 14-2018 – Resolution Directing the Repair or Removal of an Alleged Unsafe and Dangerous Structure and Accessory Structure located at 1523 E. Wall Street

6:15 p.m. Resolution 15-2018 – Resolution Directing the Repair or Removal of an Alleged Unsafe and Dangerous Structure and Accessory Structure located at 1601 E. Wall Street

6:15 p.m. Resolution 16-2018 – Resolution Directing the Repair or Removal of an Alleged Unsafe and Dangerous Structure and Accessory Structure located at 13 N. Holbrook Street

6:15 p.m. Resolution 17-2018 – Resolution Directing the Repair or Removal of an Alleged Unsafe and Dangerous Structure located at 523 S. Main Street

6:15 p.m. Resolution 18-2018 – Resolution Directing the Repair or Removal of an Alleged Unsafe and Dangerous Structure located at 108 W. Oak Street

6:15 p.m. Resolution 19-2018 – Resolution Directing the Repair or Removal of an Alleged Unsafe and Dangerous Structure located at 309 S. Lowman Street

VII. CONSIDERATION:

  1. Presentation of 2018 Comprehensive Plan – Diana Endicott, Chairperson, Fort Scott Planning Commission

  1. Supplemental Agreement for Construction Engineering on the South Main (Highway 69) Widening Project and 18th/23rd Street Intersection Project

VIII. COMMENTS:

  1. Director Updates:
  1. Commission:
  1. City Attorney:
  1. Director of Finance:
  1. City Manager:

EXECUTIVE SESSION:

I MOVE THAT THE CITY COMMISSION RECESS INTO EXECUTIVE

SESSION FOR ________________________________ IN ORDER TO

(see below justification)

DISCUSS ______________________________________. THE

EXECUTIVE SESSION WILL BE ___________ MINUTES AND THE OPEN

MEETING TO RESUME AT ________________.

Justifications for Executive Sessions:

  • Personnel matters of non-elected personnel

  • Consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship

  • Matters relating to employer-employee negotiations whether or not in consultation with the representative or representatives of the body or agency

  • Confidential data relating to financial affairs or trade secrets of corporations, partnerships, trusts and individual proprietorships

  • Preliminary discussions relating to the acquisition of real property

IX. MOTION FOR ADJOURNMENT: ROLL CALL

The following are theMinutes of March 6, 2018 Regular Meeting #5

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

ROLL CALL:

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

INVOCATION: Allen Schellack, Chaplain, Fort Scott Compassionate Ministries, said a prayer asking God for guidance for the city and all government and city officials.

AUDIENCE IN ATTENDANCE: Tim Harper, Rachel Pruitt, Clayton Miller, Frank Adamson, Paul Ballou, Rhonda Dunn, Deb Needleman, Darrell Parker, Terry Hughes, Susan Galemore, Janet Braun, Rose Good, Tom Robertson, Allen Schellack, Deb McCoy, Diana Morriss, Allyson Turvey, Jody Hoener, Roy Hoener, Jerald Mitchell, Tim Harloff, and Jason Silvers, representing the Fort Scott Tribune.

PROCLAMATIONS/RECOGNITIONS:

Flood Safety Awareness Week Proclamation – March 4-10, 2018 – Mayor Mitchell read a proclamation which proclaims March 4-10, 2018 as Flood Safety Awareness Week in the City of Fort Scott.

Introduction of new City employees – Deb Needleman, Human Resource Director, introduced Allyson Turvey as a new City employee. Ally started in April 2017 in a shared position with the Chamber and Tourism. She is now full time with the City and assists the Economic Development Director and Community Development Director as well as the Tourism Director.

APPROVAL OF MINUTES AND APPROPRIATIONS/CONSENT AGENDA:

  1. Approval of minutes of the regular meeting of February 20th, 2018.

  1. Approval of Appropriation Ordinance 1210-A totaling $561,766.74.

  1. Approval of Archer Daniels Midland Amended Agreement – purchase of treated wastewater from City of Fort Scott

  1. Resolution No. 11-2018 and Notice of Hearing With Reference to Alleged Unsafe and Dangerous Structure and Accessory Structure located at 310 N. Cleveland – Public Hearing Date – 4/17/2018 at 6:15 p.m.

Parker moved to approve the Consent Agenda. Bartelsmeyer seconded. All voted aye.

APPROVED CONSENT AGENDA.

APPEARANCE/COMMENTS/PUBLIC HEARING:

  1. APPEARANCE: None

B. CITIZEN COMMENTS (Concerning Items Not on Agenda – 3 minute

limit per citizen) –

Terry Hughes – Mr. Hughes appeared before the Commission and told them he lives at 3rd and Hill Street and needs some Fort Scott bricks. He needs about 900 bricks to finish his project he is working on. He is pouring a pad by the alley and will install the bricks in there.

City Manager asked the Commission to let himself and Chad Brown work together with Mr. Hughes and see what the City can do.

Diana Morriss – Ms. Morriss stated she didn’t appear at the last meeting due to the weather. She expressed her concerns in a letter to the Commission last week about the closing of the Beaux Arts Center. She asked the Commission to be fair and just and when errors are made to correct them.

City Attorney said that the City did not make any mistakes. The City of Fort Scott did not do anything administratively to shut down this building. The owners did that themselves. The City is willing to sit down and talk with them. There were no errors made. The owners need to come and talk to the City.

Deb McCoy – Ms. McCoy said she is here with the same concerns. She would like to see this issue moved forward in a positive way. This closure has affected many people’s plans for this year.

City Attorney said that the City is anxious to resolve this situation and is waiting on the owners of the building to meet with them.

Rose Good – Ms. Good said that she is also concerned about the Beaux Arts Center. She moved here 17 years ago and she would like to commend Rhonda Dunn on the good job she is doing in cleaning up the City. She is glad that the codes are being enforced no matter who you are. We need to make sure that we are the best looking town we can be and keep moving forward. She commended Dave Martin as the City looks better since he became City Manager than it has for years before.

City Manager said that he is still waiting to meet with the Duncan’s. He has reached out to Bobby Duncan but has not heard anything. He does not know what else the City can do.

Mayor Mitchell said the Commission would like the building to remain open but the owners need to meet with the City officials.

  1. PUBLIC HEARINGS:

Parker moved to open the Public Hearing at 6:15 p.m. Bartelsmeyer seconded. Motion carried.

OPENED PUBLIC HEARING AT 6:15 P.M.

6:15 p.m. Resolution 10-2018 directing the repair or removal of an alleged unsafe and dangerous structure and accessory structure located at 1234 E. Elm Street – Rhonda Dunn, Codes Director, informed the Commission that this structure is in bad need of repair. It has been on the dangerous and unsafe status since 2010. It sold in 2014 to Jerrod Cowlishaw at a tax sale. This structure has no electricity or water to it. She recommended giving the property owner 30 days to either repair or remove this structure.

Discussion was held if less than 30 days can be given and the City Attorney advised it is up to the Commission.

Mitchell moved to give the property owner 10 days to either repair or remove this structure. Parker seconded. All voted aye.

APPROVED RESOLUTION NO. 10-2018 DIRECTING THE REPAIR OR REMOVAL OF AN UNSAFE AND DANGEROUS STRUCTURE AND ACCESSORY STRUCTURE LOCATED AT 1234 E. ELM STREET. STRUCTURE MUST BE BROUGHT UP TO 2012 INTERNATIONAL BUILDING CODE BY MARCH 21st, 2018 OR DEMOLITION PROCEEDINGS WILL BEGIN.

Mitchell moved to close the Public Hearing at 6:19 p.m. Bartelsmeyer seconded. All voted aye.

CLOSED PUBLIC HEARING AT 6:19 P.M.

CONSIDERATION:

  1. Consideration of Fitness Bids – Buck Run Community Center – Tom Robertson, Buck Run Community Center Director, informed the Commission that bids were received on February 14th, 2018 for the purchase of two new treadmill machines for the fitness room at Buck Run. He asked the Commission to approve the bid from Mid-States Fitness Equipment of Wichita, Kansas totaling $9,300. There were other bids that were less, but they did not meet the bid specifications.

Bartelsmeyer moved to approve the bid from Mid-States Fitness Equipment of Wichita, Kansas in the amount of $9,300. Parker seconded. All voted aye.

APPROVED BID FROM MID-STATES FITNESS EQUIPMENT OF WICHITA, KANSAS IN THE AMOUNT OF $9,300.00 FOR THE PURCHASE OF TWO NEW TREADMILLS AT BUCK RUN COMMUNITY CENTER.

  1. Consideration of 124 E. Wall Bids – CDBG Grant and Approval of Project – Susan Galemore, Grant Administrator for Southeast Kansas Regional Planning Commission, informed the Commission that this project was recently rebid a second time. There were three bids received with the low bid from Hofer & Hofer of Humboldt, Kansas in the amount of $150,084. This amount is still about $50,000 over the projected budget for the project as the grant amount is $95,000.

Jon Garrison prepared a spreadsheet which reflects the grant in the amount of $95,000, the City of Fort Scott contribution of $30,000, and the Economic Development Grant in the amount of $3,000. The owner’s contribution is $49,759.00 total. The total project is $177,759.00.

Jody Hoener thanked the City for all their assistance with this project.

Bartelsmeyer moved to approve the low bid from Hofer & Hofer of Humboldt, Kansas in the amount of $150,084 with the payments approved as shown. Parker seconded. All voted aye.

APPROVED LOW BID FROM HOFER & HOFER OF HUMBOLDT, KANSAS IN THE AMOUNT OF $150,084 FOR THE REHABILITATION OF THE BUILDING AT 124 E. WALL STREET.

  1. Consideration of Tourism Center Upgrade Bids – Dave Martin, City Manager, informed the Commission that the upgrade of the tourism center was recently rebid after specifications were drawn up by AG Engineering. There were three bids received: Buildet, LLC of Nevada, Missouri in the amount of $13,800; Great Expectations of Fort Scott in the amount of $15,169.71; and JBHS, LLC of Uniontown, KS in the amount of $19,885.11. City Manager recommended the Commission approved the local bid from Great Expectations. It is 9% higher or $1,367.71 more than the low bid. This amount will be split between the CVB, Economic Development and Community Development budgets.

Mitchell moved to approve the local bid in the amount of $15,169.71 from Great Expectations of Fort Scott for the upgrade at the Tourism Center. Adamson seconded. All voted aye.

APPROVED LOCAL BID IN THE AMOUNT OF $15,169.71 FROM GREAT EXPECTATIONS OF FORT SCOTT FOR THE UPGRADE AT THE TOURISM CENTER.

  1. Consideration of Memorial Hall Rental Contract – Rachel Pruitt, Economic Development Director, informed the Commission that she has had no contact from the buyer who was interested in purchasing Memorial Hall a couple of years ago. She has not heard from him since the fall of 2017. Discussions were held between staff about making Memorial Hall a revenue generator. The building houses the Codes Department still. She said that Larry Gazaway looked at over ten different facility contracts. He came up with a contract for individuals or organizations who would like to rent the facility. It has been approved by the City Attorney. She said that for profit events will be treated differently than not for profit events. She stated that with the revenue that is made from the renting of the building that upgrades will be done to the building such as painting and updating of the windows.

Bartlesmeyer moved to approve the Memorial Hall Rental Contract. Adamson seconded. All voted aye.

APPROVED MEMORIAL HALL RENTAL CONTRACT.

  1. Consideration of Ground Lease Bids for land at Wastewater Treatment Plant – Dave Martin, City Manager, informed the Commission that bids were taken for the lease of approximately 104 acres at the Wastewater Treatment Plant. There were four bids received with the high bid from J.W. Endicott in the amount of $15,000. Approval was recommended.

Parker moved to approve the high bid from J. W. Endicott in the amount of $15,000 to farm the 104 acres at the Wastewater Treatment Plant. Bartelsmeyer seconded. All voted aye.

APPROVED THE HIGH BID FROM J. W. ENDICOTT IN THE AMOUNT OF $15,000.00 TO FARM THE 104 ACRES AT THE WASTEWATER TREATMENT PLANT.

COMMISSION/STAFF:

  1. Director Updates: Rhonda Dunn – Rhonda gave the Commission an update on the Healthy Bourbon County Action Team and the Food Alliance Board. She also updated the Commission on the PedNet program, which is focusing on sidewalks, crosswalks, bicycling, and trails.

B. City Commission:

Adamson – Nothing to report.

Bartelsmeyer – Nothing to report.

Nichols – Not present

Parker – Nothing to report.

Mitchell – Thanked the individuals who spoke tonight for their comments.

C. City Attorney: Nothing to report.

  1. Director of Finance: Nothing to report.

  1. City Manager: Nothing to report.

ADJOURNMENT:

Parker moved to adjourn the meeting at 6:46 p.m. Mitchell seconded. All voted aye.

ADJOURNED MEETING AT 6:46 P.M.

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

RECORDED BY:

____________________

DIANE K. CLAY

CITY CLERK

For the full agenda packet, click here, then click on the image.

3-20-2018 agenda packet