CITY OF FORT SCOTT

CITY COMMISSION MEETING

Minutes of December 21^st, 2021 Regular Meeting #24

The regular meeting of the Fort Scott City Commission was held December 21^st, 2021 at 6:00 p.m. in the City Commission Meeting Room at City Hall, 123 S. Main Street, Fort Scott, Kansas.

ROLL CALL:

Commissioners K. Allen, P. Allen, R. Nichols, and T. Van Hoecke were present with Mayor J. Jones presiding.

INVOCATION: Bill Downey, Sergeant, Fort Scott Police Department, said a prayer asking God for guidance for the City, our Government and City officials.

AUDIENCE IN ATTENDANCE: Elaine Buerge, Jason Dickman, Thomas Russell, Matthew Wells, Deb McCoy, Doug Guns, Bill Downey, Travis Shelton, Max Fanning, Diana Endicott, Jingles Endicott, Jackson Tough, Brad Matkin, and Rachel Thompson.

ADDITIONS TO AGENDA: Mayor Jones asked that waterline projects from Earles Engineering be added to the agenda under Old Business.

Josh Jones made a motion to add three waterline projects under Old Business to the agenda. Kevin Allen seconded. All voted aye. Motion carried.

APPROVED TO ADD THE WATERLINE PROJECTS TO THE AGENDA UNDER OLD BUSINESS.

PROCLAMATIONS/RECOGNITIONS: None

CONSENT AGENDA:

1. Approval of minutes of the regular meeting of December 7^th, 2021 and special meeting minutes of December 7^th, 2021 and December 14^th, 2021.

2. Approval of Appropriation Ordinance 1302-A totaling $417,420.09.

3. Request to Pay – Nuss & Farmer, P.A. – November legal fees – $3,269.00

4. Request to Pay – Pay Estimate #5 – $18,750.85 – Triangle Builders, LLC – Mayco Ace Project

5. Change Request #3 – Mayco Ace Project – Decrease of $25,277.00

6. Approval of Certificate of Substantial Completion for Mayco Ace Project

7. Approval of Southeast Kansas Regional Planning Commission administrative fee – $4,000.00

8. Request to Pay – HDR Engineering, Inc. – River Intake Project – $6,238.87

9. Request to Pay – K & G Striping – $6,932.00 – Restriping on Wall Street

$6,000.00 – Restriping Double Yellow on Wall

(Credit) ($6,214.08) – Work not completed on National

J. Request to Pay – Earles Engineering, Inc. – $4,000.00 – City Engineer (Nov invoice)

$4,000.00 – City Engineer (Dec invoice)

$ 278.50 – Building Inspection (Nov)

$2,742.75 – Building Inspection (Dec)

$8,640.00 – 17^th & Eddy Drainage (Nov)

$5,760.00 – 17^th & Eddy Drainage (Dec)

$9,900.00 – Ft Scott WWTP (Nov)

$2,000.00 – Ft Scott WWTP (Dec)

$1,650.00 – Re-Route Old Faithful (Nov)

$1,650.00 – Re-Route Old Faithful (Dec)

K. November financials

L. Approval of Cereal Malt Beverage Licenses and Public Dance (originals on file in the Clerk’s office)

2022 Package Sales:

Pete’s of Erie, Inc. #20 – 998 N. National

Pete’s of Erie, Inc. #27 – 605 S. National

Pete’s of Erie, Inc. #14 – 1902 S. Main

Pete’s of Erie, Inc. #28 – 1138 E. Wall

Hill’s Service, Inc. – 308 N. National

Wal-Mart Stores, Inc. #39 – 2500 S. Main

Walgreen Company – 2229 S. Main

Casey’s General Store #3399 – 2216 S. Main

G & W 2, L.L.C., 911 E. 6^th Street

Consumption on the Premises:

Debra Cagle DBA Fifthwheel Tavern – 206 Humboldt

Woodland Hills Golf Course – 2414 S. Horton

2022 Public Dance License:

Elks Lodge #579 – 111 W. 19^th

Sharky’s Pub & Grub – 16 N. National

Liberty Theatre – 113 S. Main

Holmtown Pub – 206 N. National

Buck Run Community Center – 735 Scott

Memorial Auditorium – 1 E. Third Street

P. Allen asked that Item I – Request to Pay K & G Striping be removed from the agenda as the project is not complete yet.

Mark McCoy said that there is a credit of $6,000 as the project is not complete yet.

J. Jones moved to approve the Consent Agenda with the removal of Item I – Request to pay K & G Striping. Tim Van Hoecke seconded. K. Allen, R. Nichols, T. Van Hoecke and J. Jones all voted aye. P. Allen voted no. Motion carried 4-1.

APPROVED CONSENT AGENDA WITH THE REMOVAL OF ITEM I, REQUEST TO PAY K & G STRIPING.

APPEARANCES: The Fort Scott High School Speech & Communication students could not attend the meeting as originally scheduled.

Public Comment:

(Sign up required. Comments on any topic not on the agenda and limited to 5 minutes per person, at Commission discretion)

Matthew Wells – Mr. Wells addressed the issue of unjust treatment of citizens based on discriminatory interpretations of codes and charter ordinances. He said that Deb McCoy gave a talk on this at the last commission meeting about how rules are applied one time, applying the rules one way and next applying the rules another way. He said that there are many city codes that are not being applied equally, but it depends on who the code is being applied to. He said we need to start using our ordinances based on the rule of law. We must apply the same laws of logic that would be used under constitutional law as the basis for the decisions that we are making based on precedent and the law has been applied previously and continues to be applied to everyone.

One ordinance is 12.08.010 – Prohibited acts. It is unlawful for any person or persons, to encroach upon, obstruct or enclose, any of the streets, alleys, avenues and public grounds of the city, or any part or portion of any of the streets, avenues, alleys or public grounds, by fencing in or by building or erecting structures, houses, fences, walls, stairs, staircases or porches upon, in or over the same.

He discussed the right of way on 12^th Street that is 30 feet from center on both sides. He said if the proper zoning permits were pulled, the fence in question would not be violating both a zoning ordinance and a city ordinance.

He said that we must decide if we “the commission” are going to uphold these ordinances or rewrite the ordinances, but they must be fair to everyone.

He also addressed that we must start making utility companies who are making cuts or digs apply for the proper permits and apply bonds to them. They are tearing up our roads and destruction of city property and not making repairs. The utility companies are tearing up our brick roads and we need to have a clearer ordinance on what we are doing for our brick roads especially in our historic district.

Deb McCoy- Deb said she will end the year with a parable.

The Sad Tale of a Town’s Travail

Long ago in a far place there existed a small community of a few thousand people. As was typical for that time and place the affairs of this community were the responsibility of an elected town council together with a paid staff and town employees that, at least in theory, functioned under the direction of the council.

The residents really cared about their town. They were very proud of it and its rich historical heritage. They had a strong sense of community and a pervasive attitude of amity existed amount them. Their commitment to community responsibility was evident from the many vigorous and effective volunteer efforts they undertook to assist and support the disadvantage members of the town.

The typical residents of the town were of moderate means. In addition to being community oriented, they were patriotic, church affiliated and deeply interested in the education of their children. In short, they could properly be described as solid responsible citizens.

Unfortunately, however, the community had been and still was ill served by it governing officials, both elected and appointed. Too often candidates for a town council position appeared to be motivated by the prestige and importance of they perceived associated with the position rather than a genuine intention to serve and promote the interests of their constituents. And they were often elected on the basis of popularity rather than competence. Because of that, over the years the council did not adequately oversee and direct the performance of the town’s employed staff. Given that situation, management and supervisory employees would often assume a certain level of autonomy and act without oversight of the council. And if they were call to task for those actions, they would defend themselves with considerable arrogance. Of course, none of this was in the best interests of the community.

In purported efforts to bolster the local economy, the town hired various personnel and engaged consultants to promote economic development and secure new business investment in the community. As part of this strategy, the staff would propose glamorous and very expensive facilities they asserted would prove to be major economic boons. But once these facilities were built or acquired if the consequent benefits did accrue, they would never be qualified. Even though these glamour projects were built with grants and similar funding sources, operating and maintenance costs were paid for by taxing the citizens, the large majority of whom did not patronize these facilities and received no direct benefit from them. Because of this continuing focus on glamour projects, preservation of the town’s infrastructure was neglected or ignored and over the years the streets and public utilities deteriorated to unacceptable levels. And of course, the citizens who paid the taxes to operate the glamour facilities had no choice but to contend with those infrastructure deficiencies.

Periodically, the staff would issue glowing reports of how well things were going with the town’s affairs complete with rosy projections for the near-term future. But at the same time the town was faced with severe problems including a major healthcare crisis and the exodus of various businesses, some of which had major facility investments, as they ceased operations and left the area. The situation was reminiscent of the old story about the emperor’s new clothes.

Over the years, the people would sometimes become sufficiently disgruntled about how the town was being run to elect a reform candidate or two for council positions with a mandate to reprioritize the town’s focus and operations. Unfortunately, these reformers were always a minority voice on the council and the status quo continued unchanged.

Whenever these mini revolts would occur, the town officials, both elected and appointed, were always surprised and seemingly incapable of understanding why their constituents were dissatisfied with their performance. This was an example of the classic proverb…” Like the monkey that never sees his tail, they were incapable of seeing their own faults and shortcomings.”

So, the town’s government ineptitude was perpetuated. The citizenry could had remedied the situation by electing council of pragmatic, commonsense candidates who were fully and completely committed to providing responsible and effective government and to always promoting the wellbeing of the citizens and community.

But that never happened, and nothing ever changed.

“That condition surely doesn’t exist in our real world; OR does it?”

Deb went on to say that maybe it’s time to consider having city wide representation on the commission. These past few years the five sitting commissioners lived with a mile radius of each other. Maybe we should consider having representation from 5 different precincts. She said let’s get rid of the division of east side and west side and bring in representatives from every side of our city. She said its time we unify and make our historical city a place to be proud of.

Diana Endicott- Diana thanked the Commission for the job they do. Diana stated she believed they were not treated fairly with the sale of the lake lots. She said that the commission asked for bids on a lake lot. She said they made a fair and honest offer for one lot. If the Commission wanted bids for more than one lot that should have been how it was presented. She said for them to take an offer because someone bid on two lots was deceptive. She said that their understanding was a cash offer or funding before offer was made. She said they made a cash offer with closing in early November but the offer they took still needed funding and still hasn’t closed. She said they made the highest offer, and the Commission left a lot of money on the table, which is not fair to them or the taxpayers. One lot has an encroachment, most of the time an encroachment issue should be resolved before a contract can be presented. A contract was accepted knowing there was an encroachment to a clear title. Now you have chosen to subdivide the lot so that the buyer can secure funding and to appease the neighbor. She said in the past subdividing a lake lot has not been allowed. She said the night they accepted the offer they should have stopped and gotten the problem resolved before considering any offers. Quickly pushing through to accommodate the buyer you chose impacts them and taxpayers. She said that the buyer has not been informed that building across two lots is not allowed unless the rules are being changed on that as well. Inclosing she said that they believed the Commission was misguided.

Kevin Allen commented that a lot went on that night, and it was a learning process. He said that they could get a clear title on the lot with the encroachment, but it was an issue with the lender.

Josh Jones said that the city is not giving any land to the neighbor.

Thomas Russell- Mr. Russell said he was asked to come back for this meeting concerning 619 Ransom and is still wanting the house fixed or demolished. He said nothing has been fixed with the house at all. He said that house is keeping his house from selling.

Tim Van Hoeke also stated that he drove by the house today and nothing has been done at this time to be in compliance with the building codes.

Old Business:

1. 1. Consideration to repeal Ordinance 2563 – Section 12.12.070 – Pavement – Approval of Ordinance No. 3587

Excavation-Procedure, Section 12-12-080 – Unimproved Street – Procedure Exception – Approval of Ordinance No. 3588

Section 12.12.110 – Replacement of Materials – Exception – Approval of Ordinance No. 3589

Replacing with Clay Brick Pavers, Pavement Replacement, and Trench and Backfill for Utilities sections

Randy Nichols moved to repeal Ordinance 2563.

Jason Dickman said after last meeting they sent out the proposed specifications to replace these ordinances.

P. Allen said we are not ready to replace these ordinances. He thinks the ordinances need to stay in place until the Commission decides what will replace it. The verbiage is very unclear and not specific to the City of Fort Scott.

Jason Dickman said that it would be great to have a work session to work on the ordinances or provide notes to specific requirements that is needed to be in the ordinances.

K. Allen agreed a work session would be a good idea.

Josh said that Rob Harrington found out that brick work on streets need to be reviewed by SHIPPO.

Randy withdrew his motion with saying the purpose was to put the parameters into specifications rather than the ordinance. Ordinances will restrict work and progress going forward, which is causing extra money and extra time.

J. Jones moved to table the repeal of Ordinance 2563 – Section 12.12.070 – Pavement-table the Approval of Ordinance No. 3587, Excavation-Procedure, Section 12-12-080 – Unimproved Street – Procedure Exception – table the Approval of Ordinance No. 3588 Section 12.12.110 – Replacement of Materials – Exception – and table the Approval of Ordinance No. 3589. P. Allen seconded. K. Allen, P. Allen, T. Van Hoecke and J. Jones all voted aye. R. Nichols voted no. Motion carried 4-1.

TABLED REPEAL OF ORDINANCE 2563-SECTION 12.12.070- PAVEMENT- TABLED THE APPROVAL OF ORDINANCE NO 3587, EXCAVATION- PROCEDURE, SECTION 12-12-80 – UNIMPROVED STREET- PROCEDURE EXCEPTION, TABLED THE APPROVAL OF ORDINANCE NO. 3588, SECTION 12.12.110-REPLACEMENT MATERIALS- EXCEPTION AND TABLED THE APPROVAL OF ORDINANE NO 3589.

Mark asked when they would like to set up a work session. It was decided they would wait set up a work session until new City Manager Kelly Zellner is here.

b. Discussion of Lake Fort Scott Improvements – Doug Guns

Doug presented an engineer’s estimate for some improvements at Lake Fort Scott.

Discussion was held on the estimate.

Kevin questioned if Jason Dickman even called Rural Water to get the estimate.

Jason said the estimates were with increases figured in case the work wasn’t done

this year.

Kevin also questioned the sewer, rock, gravel and concrete pavement estimates.

Tim Van Hoecke questioned different phases of the Lake Fort Scott project.

Jason said they did estimates for the entire project for utilities. Then when more

parts of the project were completed utilities were already there.

Kevin and Tim asked about the estimates for new boat docks, the sidewalk to get

down to the swimming area, guttering and clean-up of shelter house.

Doug said he could get estimates for boat docks, sidewalk for swimming area and

clean up of shelter house. He said he understood that the Lake Advisory Board

estimates for bathrooms and other things that required utilities.

Discussion was held about the return on investment at Lake Fort Scott.

Tim asked about possibly leasing some of the improvements at the lake.

T Van Hoecke made a motion for the Lake Advisory Board to work with the Smart Growth Team and do some type of study or return on investment to see how long it will take the citizens to recover these costs of improvements and present it to the City Commission.

Discussion was held on return of investment on other City amenities.

Tim’s motion died for lack of a second.

3. Discussion of structure located at 619 S. Ransom – Bill Downey

Bill said that September 7, 2021, the property owner at 619 S. Ransom was given until December 10, 2021 to get the property up to code. Bill said he has not heard from the homeowner.

R. Nichols moved that demolition of the property located at 619 S. Ransom move forward with the demolition. T. Van Hoecke seconded. R. Nichols, T. Van Hoecke, and J. Jones voted aye. P. Allen and K. Allen abstained. Motion carried 3-2.

APPROVED TO MOVE FORWARD WITH DEMOLITION OF 619 S. RANSOM.

3. Discussion of School Resource Officer

Discussion was held by the Commission and direction was given for Mark McCoy to reach out and work with USD #234 and Bourbon County for a second School Resource Officer in our schools.

3. Discussion of Landfill

J. Jones made a motion to that we reach out to Bourbon County and in exchange for our 13.8 acres they allow us what the half of the C and D gate rate is.

After some discussion Josh amended his motion to reach out to Bourbon County with two ideas – the first is to exchange our 13.8 acres for half of the C and D gate rates for perpetuity, or the City can dump 45,000 tons with a cap of 600 ton per year. R. Nichols seconded. All voted aye.

Approved to reach out to Bourbon County with two ideas – the first is to exchange our 13.8 acres for half of the C and D gate rates FOR PERPETUITY, or the City can dump 45,000 tons with a cap of 600 ton per year.

3. Discussion of ARPA Funds.

J. Jones made a motion to use part of the ARPA funds to give a $2,000 bonus to emergency personnel police, fire, and dispatch, for non-salaried full-time employees. T. Van Hoecke seconded the motion. All voted aye. Motion carried.

APPROVED NON-SALARIED, FULL-TIME EMPLOYESS FOR POLICE, FIRE, AND DISPATCH WILL RECEIVE A $2,000 BONUS TO BE PAID BY ARPA FUNDS.

3. Selling of Lake Property.

J. Jones would like to consider selling more lake properties. He said he would like to change the process that the city will be the selling party and we can pay the agent a percentage of brings a buyer.

Josh would like the Lake Advisory Board to have input on which properties to sell.

Mark suggested Doug Guns could help with the process of which properties to sell.

3. Waterline Projects

Mark McCoy asked Jason Dickman to discuss three waterline replacement projects that we could use ARPA funds to complete. The three projects are 6^th Street between National Avenue and Ransom, State Street between East 3^rd Street and East Wall and the waterline extension located at the south part of the Industrial Park.

Mark said the goal is to prioritize the three projects.

1. South of the Industrial Park
2. 6^th Street between National Avenue and Ransom
3. State Street between East 3^rd and East Wall

 

J. Jones made a motion to solicit Request for Proposals for engineering for the above three projects. K. Allen seconded. K. Allen and J. Jones voted aye, R. Nichols and T. Van Hoecke abstained, and P. Allen voted no. Motion carried.

APPROVED TOSEND ALL THREE WATER PROJECTS OUT FOR REQUEST FOR ENGINEEING PROPOSALS.

Public Hearings: None

New Business:

3. 1. Ordinance adopting the Neighborhood Revitalization Plan and designating a Revitalization Area in the City of Fort Scott, Kansas and approval of Ordinance No. 3600 and approval of Interlocal Agreement

Tim Van Hoecke made a motion to adopt the Neighborhood Revitalization Plan and designating a Revitalization Area in the City of Fort Scott, Kansas and approval of Ordinance No. 3600 and approval of Interlocal Agreement. R. Nichols seconded. All voted aye. Motion carried.

APPROVED ADOPTING THE NEIGHBORHOOD REVITALIZATION PLAN AND DESIGNATING A REVITALIZATION ARE IN THE CITY OF FORT SCOTT, KANSAS AND APPROVAL OF ORDINANCE NO. 3600 AND APPROVAL OF INTERLOCAL AGREEMENT.

TYPE IN ORD NO 3600

3. 2. Discussion of Tourism – Rob Harrington

Rob is asking that tourism be moved to be housed under Bourbon County R.E.D.I. The employee would still be employed by the City of Fort Scott for benefit purposes. Rob is asking that tourism funds and the tourism employee be under R.E.D.I.

Jackson Tough said tourism really falls under economic development. Jackson said they already work together, and he is comfortable with this change.

Rob said that he thinks it will be a benefit to have economic development for the county and the city under one person and the same with tourism.

J. Jones made a motion for Mark McCoy and Rob Harrington to draw up a Memorandum of Understanding and for have ready for review at the next meeting for approval. R. Nichols seconded. All voted aye. Motion carried.

APPROVED TO REVIEW MEMORANDUM OF UNDERSTANDING FOR APPROVAL AT THE NEXT MEETING.

3. 3. Consideration of Land Bank Ordinance No. 3599 – Amending Board of Trustees and appointments – Josh said he thinks requesting specific people such as bankers and real estate agents sometimes prohibits us on selecting individuals. Josh would like for the wording to be changed to the decision will be weighted to those people such as bankers and real estate agents.

Josh Jones made a motion to approve the Land Bank Ordinance No. 3599-Amending Board of Trustees with appointments with the change of the three positions being weighed to a representative from banking, a developer, and real estate but is not mandatory. K. Allen seconded. All voted aye. Motion carried.

APPROVED LAND BANK ORDINANCE NO. 3599-AMDENDING BOARD OF TRUSTEES WITH APPOINTMENTS WITH THE CHANGE OF THE THREE POSITIONS BEING WEIGHTED TO A REPRESENTATIVE FROM BANKING, A DEVELOPER, AND REAL ESTATE BUT IT IS NOT MANDATORY.

3. 4. Land Bank discussion

K. Allen made a motion to publish open seats on the Land Bank Board. J. Jones seconded. All voted aye. Motion carried.

APPROVED TO PUBLISH OPEN SEATS ON THE LAND BANK BOARD.

3. 5. Change Order #1 – Union Lofts Alley Project – $25,955.00 – Rogers & Sons

Mark said that the change order is for the crossing at the alley on First Street.

Jason Dickman said that the last meeting they presented a change order to do concrete and the Commission wanted to get a quote for brick. There is an additional cost on the work that is already been done to seal the center joint. The cost to seal the joint is $3,600.00. The estimate to complete the crossing in brick is $22,355.00. The estimate to complete the crossing in concrete was $15,960.00.

P. Allen made a motion to reject the change order in the amount of $22,355.00 to complete the crossing on First Street to be completed in brick. K. Allen seconded. T. Van Hoecke, P. Allen, K. Allen and J. Jones all voted aye. Randy Nichols voted no. Motion carried 4-1.

APPROVED TO REJECT THE CHANGE ORDER IN THE AMOUNT OF $22,355.00 TO COMPLETE THE CROSSING ON FIRST STREET TO BE COMPLETED IN BRICK.

K. Allen made a motion to table the change order for the sealing work in the amount of $3,600.00. J. Jones seconded. P. Allen, R. Nichols, and T. Van Hoecke all voted no. K. Allen and J. Jones voted aye. Motion denied.

P. Allen made a motion to approve the $3,600.00 portion of the change order for the sealant, with specifications. R. Nichols seconded. K. Allen, T. Van Hoecke, P. Allen and R. Nichols all voted aye. J. Jones abstained. Motion carried 4-1.

APPROVED THE $3,600.00 PORTION OF THE CHANGE ORDER FOR THE SEALANT WITH SPECIFICATIONS FOR THE UNION LOFTS ALLEY PROJECT.

3. 6. Consideration to Pay – Skitch’s Hauling & Excavation, Inc. – Port-a-Potties – November – $3,210.00

Kevin Allen left the room at 8:46 p.m.

Mark said that the bill is increased because we have seven port-a-potties during the winter months because of closing bathrooms at the Gunn Park.

Discussion was held about sales tax money for the parks to reconstruct bathrooms so that we can eliminate some port-a-potties. Mark will get with Doug Guns.

R. Nichols made a motion to pay Skitch’s Hauling & Excavation, Inc. in the amount of $3,210.00. T. Van Hoecke seconded. P. Allen, T. Van Hoecke, R. Nichols and J. Jones voted aye. Motion carried.

APPROVED TO PAY SKITCH’S HAULING & EXCAVATION, INC IN THE AMOUNT OF $3,210.00.

K. Allen returned to the room at 8:49 p.m.

3. 7. Consideration of IT Shared Services with Bourbon County and approval of Memorandum of Understanding – Mark McCoy said that sharing IT services with Bourbon County is saving the City approximately $25,000 by not having a full time IT employee.

J. Jones made a motion to approve the Memorandum of Understanding for IT services for Support Technician, James H Kemmerer III, with the correction on page three, number five, changing the date from July 1, 2021, to January 1, 2022. T. Van Hoecke seconded. All voted aye. Motion carried.

APPROVED MEMORANDUM OF UNDERSTANDING FOR IT SHARED SERVICES FOR SUPPORT TECHNICIAN JAMES H. KEMMERER III WITH THE CORRECTION ON PAGE THREE, NUMBER FIVE, CHANGING THE DATE FROM JULY 1, 2021, TO JANUARY 1, 2022.

Josh Jones made a motion to approve the Memorandum of Understanding for IT services for IT Administrator, Shane A. Walker. Randy Nichols seconded. All vote aye. Motion carries.

APPROVED MEMORANDUM OF UNDERSTANDING FOR IT SHARED SERVICES FOR IT ADMINISTRATOR, SHANE A. WALKER.

3. 8. Discussion of Brick Street and Alley policy – Pete Allen

Pete presented a policy as guidance for preservation and maintenance for the exposed brick streets. He said we need to preserve the historic part of the brick streets. Examples of streets are Oak Street to 3^rd Street, National Avenue to Scott Avenue, 3^rd Street at Eugene Ware School and 5^th Street to National Avenue at Presbyterian Church. The policy says how, when, and where to preserve the historic brick streets. Pete said he is in the process of doing a brick street map. He said the policy has specifications for how the brick will be taken up and laid back. He said this is the first step to putting a plan together for the standard way of fixing and preserving our brick streets.

T. Van Hoecke suggested that they discuss the policy at the work session with our engineering company.

3. 9. Discussion of demolition of structures – Tim Van Hoecke

Tim said he discussed the demolition of homes at the last meeting. Tim said some of the homes are more urgent than others. Mark and Tim got with Bill at codes and determined which houses are more urgent. Bill added a column on which houses are used for illegal activity.

Tim said that letters keep getting sent and sent again. Tim said he understands the frustration that codes keep doing their job and nothing happens.

Tim said he submitted to the Commission an estimate to remove homes identified on the codes list of homes that need demolished. He said to demolish all the homes is approximately $200,000 with dump fees and $100,000 without dump fees.

Tim Van Hoecke made a motion that the Lake Advisory Board continue the dedicated work they are doing to find ways to reduce these inflated estimates for use of these city taxpayer funds to improve the recreation, but in light of the information provided on December 7, 2021 and tonight that for now we don’t remove funds from the lake fund but freeze the use or expenditure of any of these funds in HR 2021 from the sale of city lake property until a full review by the Codes Enforcement Team, City Manager and City Commission and if need to get the Police Department and Fire Department for more information is completed community hazard evaluation and cost of remediate estimate so we can find a way to eliminate the hazard of these unsafe structures in our community. Randy Nichols seconded.

Kevin Allen said that prior commission had done nothing to demolish houses around town that needed demolished. He said he agrees with Tim that the houses need cleaned up, but he doesn’t think that money should come from the sale lake fund.

Josh Jones said the lake fund is frozen anyway because no money can be removed without City Commission approval.

Discussion was held if the money from the sale of the First Source building should be used to demolish homes. Josh asked Tim if it matters where the money comes from. Josh said he is trying to figure out if this is about tearing down houses or taking money from the lake fund.

Tim amended his motion that direction is given to be City Codes Department, City Manager, City Commissioners if needed or if additional information is needed for the impact, they can call on any of the following departments, Economic Development, Law Enforcement or Fire Department to evaluate the community hazard evaluation, the cost to remediate estimate so we can find a way to eliminate unsafe structures in our community. R. Nichols seconded the amended motion. All voted aye. Motion carried.

APPROVED GIVING DIRECTION TO CITY CODES DEPARTMENT, CITY MANAGER, CITY COMMISSIONERS IF NEEDED OR IF ADDITIONAL INFORMATION IS NEEDED FOR THE IMPACT, THEY CAN CALL ON ANY OF THE FOLLOWING DEPARTMENTS, ECONOMIC DEVELOPMENT, LAW ENFORCEMENT OR FIRE DEPARTMENT TO EVALUATE THE COMMUNITY HAZARD EVALUATION, THE COST TO REMEDIATE ESTIMATE SO WE CAN FIND A WAY TO ELIMINATE UNSAFE STRUCTURES IN OUR COMMUNITY.

3. 10. Discussion of update to Codes procedures and policies – Bill Downey said recently the codes department has had an opportunity to look at zoning regulations and fence ordinances for fencing. Bill said that people have asked if they must get a building permit to build a fence. He said the answer is both yes and no. The website has conflicting information, under the Building Permits tab it states: Permits are not required for window repair, siding, or fences. Under the Building Codes in the FAQ’s says to talk to the zoning director to see if a building permit is needed. International Residential Code, Section R105 states: Fences not over 7 feet high, do not require a permit. Zoning Regulation, Section 20-9 Fences states: No fence shall be constructed without first obtaining a fence permit from the Zoning Administrator.

Bill said is asking to have the website changed to reflect you have to have a permit to build a fence.

Kevin said he thinks the codes department would have a lot more success with building permits if they were cheaper or free.

Bill said that some of the Ordinances were written in 1891 and the Zoning Regulations were adopted in 2008. He has found discrepancies between them both.

Discussion was held about easements whether it is public property or private property.

K. Allen made a motion to require that a building permit beginning January 4, 2022, is required to build a fence and to modify the wording on the website for clarity. J. Jones seconded. All voted aye. Motion carried.

APPROVED A BUILDING PERMIT BEGINNING JANUARY 4, 2022, IS REQUIRED TO BUILD A FENCE AND THE WORDING BE MODIFIED ON THE WEBSITE FOR CLARITY.

3. 11. Discussion of Airport Land Lease

Josh asked Mark to get with Rob Harrington to work on something for people to build hangers at the airport.

Reports and Comments:

Interim City Manager Comments:

Mark said he is still working every day. Mark commented that Brad has been great to work with.

Mark asked the Commission to approve invoices from RTS Micro Systems. He needs approval because the invoices are over his limit by $37.00. The invoices are for camera system for the safety and security of our property and employees. Cameras will be put at City Hall, Gunn Park, Golf Course, and Water Treatment Plant.

Kevin Allen asked Mark to check on maybe getting cameras at the lake.

K. Allen made a motion to pay the RTS Micro System invoices. J. Jones seconded. All voted aye. Motion carried.

APPROVED TO PAY RTS MICRO SYSTEM INVOICES.

Commissioner Reports and Comments:

K. Allen –

Two dump truck loads have been delivered to the Sheriff Office for palletizing.

He appreciates the work Public Works has done with the crack filler.

Can we look to get with someone about fixing Memorial Hall steps?

Golf Course will be open Christmas Eve, 12/24/2021.

He said he thinks that Commissioners need key fobs to get into City Hall.

K. Allen made a motion that Commissioners get a key fob to City Hall. P. Allen seconded. K. Allen, P. Allen, J. Jones, T. Van Hoecke all voted aye. R. Nichols voted no. Motion carries.

APPROVED ALL COMMISSIONERS GET A KEY FOB TO CITY HALL.

Kevin wants to get his censorship lifted. Mark stated that he talked to City Attorney and motion to lift the censorship could be done.

J. Jones made a motion with City Attorney, Bob Farmer’s recommendation to lift Kevin Allen censorship. P. Allen seconded. P. Allen, J. Jones voted yes. K. Allen abstained. R. Nichols and T. Van Hoecke voted no.

Per City Attorney, this motion did not pass.

He also thinks that it is a good idea to possibly have commissioners from different wards and have a representative spread out over the city. He also agrees that a county person should be able to sit on the City Commission.

P. Allen –

Pete said there is an error in the zoning regulations. The street that is being discussed is 12^th Street. He said 12^th Street has a 60-foot public right-of-way. The property owner does not have the right to build a fence on public property it is illegal. He said the ordinance is being read wrong and a fence can not be put on public property.

R. Nichols –

It’s late but this my last chance to speak so let me reflect on my commission time, offer you all challenges and say some thanks.

During my first 3 years City Commissioners came to meetings prepared, having read their materials and clarified questions and details in advance. That commission was able to make timely decisions, reach a consensus opinion and move forward effectively even when there wasn’t complete agreement on a topic.

Two years ago, as this commission was seated, one member told me his style of management would be confrontation and conflict. Not only that be identified another commissioner as his “junk yard dog” saying sometimes he would “let the chain out so he could bark” and other times pull the chain back in.” This approach has led to dysfunction and distrust. It has led to a hostile work environment resulting in lawsuits, loss of valuable employees and difficulty hiring. It has also led to commissioners promoting poorly planned pet projects which accomplished little while costing we, the taxpayers, hundreds of thousands of ineffectively and unnecessarily spent dollars. Citizens expect and deserve better.

So here is my challenge to you. Develop a comprehensive, actionable strategic plan. Develop a plan that prioritizes and is driven by citizen’s input and needs, that pre-plans in detail all agreed on projects, and the identifies and uses the most effective payment options. Developing this plan would make the city proactive instead of just reactive.

You would be wise to re-engage with Smart Growth America. They have a community-based planning process, an awareness of national trends, lobbyist in DC and access to federal funding. You are leaving money on the table not to use them.

If you chose not to use Smart Growth, then please consider starting your planning process with a series of community focus groups. This would ensure that the final plan is community driven, and community accepted. You have a great resource in Mark and, if he would agree, could use him to put the groups together and be their moderator.

Ultimately for your plan to be effective please get out of your own way and let the manager manage. This is what they are hired for and trained to do.

Importantly also though, recognize with this type of plan the legacy of your commission would impact generations.

Moving on. First, I do want to thank the people of Fort Scott for letting me serve them in a way that wasn’t possible during my working career.

Second, I hope every city employee, both here at city hall and out in the community, knows how important you are. Without you we would not be safe, there would be no roads, sewers, water, airport, or public spaces for us to enjoy. Our economy and tourism would suffer. So, thanks to each and every one of you. Keep up the good work.

Third there are a few people I want to single out. Thanks to Mark McCoy for filling in during a difficult time. Thanks to Travis and his staff for being here during some really contentious public meetings. Also, I want to thank a group of people who were dedicated and hard working but have chosen to change directions. This includes the previous commissioners I got to work with as well as Dave Martin, Rachel Pruitt, Rhonda Dunn, Robert Uhler, Larry Gazaway, Deb Needleman, Ally Turvey, Chad Brown, and Susan Bancroft.

And finally, one other special mention. When I started, I had no idea what Diane Clay did. Now I know. She does everything and she does it with a smile and a prayer. So, Diane, thanks for all you have done for me personally and for being the glue that holds this place together. Have a speedy recovery.

T. Van Hoecke –

Tim discussed he has had calls from citizens about the homeless pods. He stands by his decision; the group will also be accountable for the pods. He said that if they become an issue, he will work to change it.

Tim stated he is proud to a part of this city. Several things went on this week, fundraiser for sheriff deputy family, Josh was throwing teddy bears at the school for needy families, stocking stuffer at 4H building, wreath laying at National Cemetery, and Christmas in the Park.

J. Jones –

Josh would like to look at a downtown grant money with some of the money from the First Source building.

Josh also said he is working with a group to put a splash pad at Gunn Park. He said we have a couple people wanting to donate. He is asking if he can work with Doug and Mark on putting a splash pad on the east side of the road, right before the exit.

City Attorney Report and Comments:

K. Allen moved to adjourn the meeting at 10:29 p.m. T. Van Hoecke seconded. All voted aye.

ADJOURNED MEETING AT 10:29 P.M.

Respectfully submitted,

Rachel D. Thompson

Deputy City Clerk