Fort Scott, Government

FS City Commission Minutes of June 20

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CITY OF FORT SCOTT

CITY COMMISSION MEETING

 

Minutes of June 20, 2023                                            Regular Meeting

 

The regular meeting of the Fort Scott City Commission was held June 20, 2023 at 6:00PM in the City Commission Meeting Room at City Hall, 123 S. Main Street, Fort Scott, Kansas.

 

ROLL CALL:

Commissioners T. Van Hoecke (via Microsoft Teams), K. Harrington, E. Woellhof were present with Mayor M. Wells.

 

PLEDGE OF ALLEGIANCE AND INVOCATION:  M. Wells, said a prayer asking God for guidance for the City, our Government and City officials.

 

AUDIENCE IN ATTENDANCE:  Brad Matkin/City Manager, Bob Farmer/City Attorney, Lisa Lewis/City Clerk, Ben Hart/Finance Director, Jason Dickman/Earles Engineering, Scott Flater/Water Utilities Director, Angela Simon, Melissa Guns, Doug Guns, Rachel French, Bailey Lyons, Dyllon Olson, Patrick Wood, Ann Rawlins, Betty Breault, Josh Jones, John Maloney, Dawna Maloney, Jason Silvers, Travis Sawyer, Jennifer Sawyer, Anne Dare, Sarah Klassen, Rachel Carpenter, Janice Allen, Michael Hoyt, Dyllon Olson and Lieutenant Caleb Bell.

 

RECOGNITIONS:

Fire Chief David Bruner recognized Firefighter Scott Shelton and Deputy Fire Chief Mike Miles who completed the K.U. Emergency Leaders Academy.

 

  1. Matkin recognized the Public Works Department for their work on May 18, 2023, when a 12-inch water main was damaged, and the City lost 600,000 gallons of water. The crew worked over 12 hours to repair the damage. The following members were recognized: Brady Coffman, Jason McReynolds, David Mitchell, Tyler Finch, Tom Coffman, Art Grigsby, Scott Flater, John Maloney, and Bill Lemke.

 

APPOINTMENT OF OFFICE:  Discussion was had about the Letters of Interest for the vacant City Commissioner chair that were submitted. Some of the letters were from candidates already on the ballot for the upcoming election.

  1. Matkin stated that he had researched the situation and it was determined that there was nothing preventing the interested parties from submitting a letter of interest at this time.

 

  1. Farmers stated that he agreed with B. Matkin and the information he shared. He stated that it not a good idea, but that there is nothing illegal about the situation.

 

  1. Matkin stated that the recommendation from the League of Municipalities was to consider the applicants that were not on the ballot, but they could find nothing in writing, therefore it was at the discretion of the City Commission.

 

  1. Wells stated that each person that submitted a Letter of Interest would address the Commission for at least (5) minutes to make a statement if they wished and then entertain questions from the Commission.

 

  1. VanHoecke raised a suggestion that the Commission consider having the candidates wait in the hallway until called to give each a fair opportunity to formulate answers to the questions that would be asked of them. He stated that by listening to each candidates’ answers, it would give those further down the line possibly an unfair advantage to formulate their answers while they waited for their turn.

 

  1. Farmer stated that T. VanHoecke’s point is well taken. He said that since it is an Open Meeting, all he could do is request that they step outside as they await their turn to address the Commission, however, it cannot be required.

 

  1. Wells stated T. VanHoecke was making the request but that it was not required. The candidates were invited to do so if they chose to wait outside of the room. All candidates left the room.

 

The candidates addressed the Commission in the following order. For the record Stephen Doherty withdrew his name for consideration by email (June 19, 2023) to the City Clerk prior to the meeting.  A full transcript of the candidates’ statements and question and answer exchange will be posted on www.fscity.org  after the June 20, 2023, City Commission Meeting Minutes are approved on July 11, 2023:

 

  1. Dyllon Olson
  2. Tracy Dancer
  3. Harold (Pete) Allen
  4. Janice Allen
  5. Ann Rawlins
  6. Melissa Guns

 

  1. Wells asked each Commissioner to state their choice to begin the selection process.

 

  1. VanHoecke nominated Tracy Dancer
  2. Wells nominated Pete Allen
  3. Woellhof chose Dyllon Olson first, Melissa Guns second
  4. Harrington chose Melissa Guns first, Tracy Dancer second

 

  1. Harrington moved to appoint Melissa Guns as the City Commissioner to finish out the vacated seat that will expire December 31, 2025.

 

  1. Woellhof seconded. K. Harrington, E. Woellhof and M. Wells voted aye. T. VanHoecke voted nay.

 

APPROVED TO APPOINT MELISSA GUNS AS THE CITY COMMISSIONER TO FINISH OUT THE VACATED SEAT THAT WILL EXPIRE DECEMBER 31, 2025.

 

  1. Wells thanked each candidate, wished them luck in the upcoming election.

 

  1. VanHoecke thanked each candidate as well and congratulated Commissioner Guns.

 

  1. Guns was administered the Oath of Office for Commissioners by the City Clerk and took her position at the table as Commissioner M. Guns and was welcomed with a round of applause.

 

APPROVAL OF THE AGENDA: An amended agenda for June 20, 2023, was presented to the Commissioners at the beginning of the meeting. The amendments were as follows: 1) the recognitions from the fire department and public works, 2) the withdrawal of Commissioner candidate Stephen Doherty 3) May Financials were updated with (3) missing components.

 

  1. VanHoecke moved to approve the amended Agenda presented. K. Harrington seconded. All voted aye.

 

CONSENT AGENDA:

  1. Approval of Minutes of the Regular Meeting of June 6, 2023
  2. Approval of Appropriation Ordinance 1338-A — $558,835.80
  3. Request to Pay – Bennett Construction, Inc. via Earles Engineering & Inspection, Inc. – 2022 CDBG Sanitary Sewer Project – Contractor’s Application for Payment No. 1 – Work done May 1, 2023 – June 2, 2023 – $176,350.50
  4. Request to Pay – Ray Lindsey – Invoice#2023111 – Grit Removal – 10% Invoice per terms of payment for Supply and Removal of Smith & Loveless Grit Equipment per contract – $60,701.10
  5. Approval of Drinking Establishment License Renewal for Don’s Spirits and Wines LLC, 1705 S. National for 2023-2025
  6. Approval of Drinking Establishment License Renewal for Libation Station, 1122 S. Clark St. for 2023-2025
  7. May Financials – B. Hart requested financials provided for 6/20/23 be pulled until (3) missing items are entered: 1) sales tax entries for the funds for May,  2) Proof of cash reported not correct without sales tax recorded,  3) Golf Course Fund 219 has been opened, transactions to be moved from fund 100.

 

  1. VanHoecke moved to approve the Consent Agenda. E. Woellhof seconded. All voted aye.

 

APPROVED THE CONSENT AGENDA.

 

PUBLIC COMMENTS:

 

The following citizens addressed the Commission during Public Comments. Their topic follows their name in the order in which they signed up and appeared. A full transcript of their statement will be posted on www.fscity.org after the June 20, 2023, City Commission Meeting Minutes are approved on July 11, 2023.

 

  1. Ann Rawlins – Repairs to the Old Fort Genealogy
  2. Betty Breault – Use Dolly the Trolley to help people in need of transportation

around town – used to do it in the past.

  1.     Josh Jones – Request to dissolve Design Review Board
  2.    Rachel French – 1st Colored Infantry Mural Project and Design Review

Board concerns

  1.    Bailey Lyons – Design Review Board – define parameters or consider

disbanding the board

  1.    Angela Simon – Design Review Board – needs improvements
  2.    Pat Wood – Design Review Board – term limit concerns
  3.    Jody Hoener – Design Review Board process concerns and the Downtown

Arch Project

  1.    Rob Harrington – Design Review Board – request to disband the board

immediately-need for community changes and growth – Fort Scott   Pavilion – too much bureaucracy in Fort Scott

  1.   Anne Dare – budget time and mill levy concerns – Executive Sessions – new EPA rules on small and medium meat processing plants
  2.   Sarah Klassen – approval to make improvements at Memorial Hall for handicap accessibility to OFGS portion of the building

 

 

  1. Wells asked the City Clerk to make sure that Sarah Klassen’s request is placed.

on the July 11, 2023, Agenda.

 

Josh Jones requested that M. Wells modify the current agenda to discuss the

concerns regarding the Design Review Board.

 

  1. Wells stated that it will be best to put it on the July 11, 2023, Agenda.

 

Rachel French told M. Wells that she is concerned about going before the Design Review Board after “speaking her peace tonight”. She stated that if they do not talk about it tonight, she still has gone before them.

 

Discussion was had about the City Commission and SHPPO having the final say over the advisory board.  B. Matkin stated that it was up to the (5) Commissioners.  B. Farmer told R. French to “just do it”.

 

  1. Wells told R. French to just present it to the Commission at the next meeting. R. French stated that she is already on the agenda.

 

  1. VanHoecke stated that he wanted to see the status of the Design Review Board placed on the July 11, 2023, Agenda.

 

  1. Wells moved the Appearances portion of the meeting before Old Business.

 

 

APPEARANCES:

 

Travis Sawyer – submitted a request for a Temporary Street Closure on July 4, 2023, 2:00PM-11:00PM on Heylman from 6th to 7th Streets.

  1. VanHoecke moved to approve the request for a Temporary Street Closure of Heylman from 6th to 7th Streets on July 4th, 2023, from 2:00PM to 11:00PM.
  2. Harrington seconded. All voted aye.

 

APPROVED THE REQUEST FOR A TEMPORARY STREET CLOSURE OF HEYLMAN FROM 6TH TO 7TH STREETS ON JULY 4TH, 2023, FROM 2:00PM TO 11:00PM.

 

The City Manager agreed to provide the City’s street barricades for the event. They will be placed in his yard on July 3, 2023.

 

 

OLD BUSINESS:

 

  1. Approval of Change Order No. 1 – 2022 CDBG Sanitary Sewer Project Construction Inspection – Earles Engineering and Inspection – $233,292.86:

 

  1. Dickman explained that there were (4) parts to the change order. The first involves a block that was not included in the original project that was added which included pipe bursting, a manhole and service lines. The second part involved an overall adjustment in the alley. The third part involved the alley between Judson and National, a water line built on top of the sewer and the state requires a certain separation distance. City staff was going to do it, but does not have time, so service line will be relocated by contractor. Fourth involves a manhole on 3rd Street that is deep for a relief sewer, manhole needs to be replaced but will reline it instead of replacing for cost factor. More lines than anticipated had to be replaced so bid as well as additional rock. The lining process found additional areas that had to be replaced. The additional work will cost $233,292.86 which will need to be covered by the City. With this increase the total price will increase to $1,1597,670.86. J. Dickman recommends approval of Change Order No. 1.  B. Hart recommends cash funding as the money is there so a budget amendment is not needed.

 

  1. VanHoecke moved to approve Change Order No. 1 – 2022 CDBG Sanitary Sewer Project Construction Inspection for $233,292.86. M. Guns seconded. All voted aye.

 

APPROVED CHANGE ORDER NO. 1 – 2022 CDBG SANITARY SEWER PROJECT CONSTRUCTION INSPECTION FOR $233,292.86.

 

  1. Consideration of Phase II Aeration Upgrade to Cell 1B and the Inlet of Cell 2 for Wastewater Treatment Plant:

 

  1. Dickman stated that the quote came in at $855,449.00 from EPEC. Alternates need to be discussed. The quote is based on items that are not the preference of the Treatment Plant operators.

 

Discussion was had about the options and the preferences.

 

  1. Woellhof moved to table the item until July 11, 2023. K. Harrington seconded. All voted aye.

 

APPROVED TO TABLE THE ITEM UNTIL JULY 11, 2023.

 

 

PUBLIC HEARING:  None

 

 

NEW BUSINESS:

 

  1. Approval to advertise for bids for Sanitary Sewer Rerouting for Evergy Infantry Substation:

 

  1. VanHoecke moved to advertise for bids for Sanitary Sewer Rerouting for Evergy Infantry Substation. K. Harrington seconded. All voted aye.

 

APPROVED TO ADVERTISE FOR BIDS FOR SANITARY SEWER REROUTING FOR EVERGY INFANTRY SUBSTATION

 

 

REPORTS AND COMMENTS:

 

City Manager:  B. Matkin

  1. Discussion on Advisory Board Work Session, take the notes come up with a proposal at next meeting.
  2. MyFortScott App – creating an instructional video
  3. Cape Seal prep is progressing well
  4. Cooper Street to open in (3) weeks
  5. Golf course has been very busy
  6. Weather is affecting

 

City Engineer:  J. Dickman/Earles Engineering & Inspection

  1. CDBG Sanitary Sewer Project – crews are working on pipe bursting. Next phase of pipe lining to start the week of July 5.
  2. Working on CCLIP next steps

 

City Attorney:  B. Farmer

  1. Expected problems with the appointment but proud of how the Commissioners handled the business

 

COMMISSIONERS’ COMMENTS:

 

  1. VanHoecke:
  2. Congratulations to M. Guns, tough choice but no reservations about the Commissions choice
  3. Thankful for all of the good people who stepped up, look forward to the election
  4. Update on the probe device? B. Matkin stated that S. Flater did order but no information on the lead time.
  5. More information on the EPA report. B. Matkin stated he had nothing further to report yet.
  6. Congratulations to the Firefighters accomplishment and grateful to the work public works has been doing.
  7. Margrave shed update. B. Matkin stated we are on the list to have it moved.
  8. Striping machine
  9. Splash Pad update? B. Matkin is not sure on the timeline for opening, still finishing up.

 

  1. Woellhof:
  2. Echo T. VanHoecke’s gratitude toward all of those who came forward for Commissioner’s seat.
  3. Thankful for the Public Comment and people coming out to be heard.

 

  1. Harrington:
  2. Congratulations to Melissa Guns
  3. Rural Workforce Summit this Thursday, tickets still available
  4. Welcome Lowell Milken Fellows
  5. Thank you to all, tough decision

 

  1. Guns:
  2. Thank you for your vote of confidence.
  3. Excited for what we can do together
  4. Offer apology to those who were treated with animosity by the advisory board
  5. Still in shock and big shoes to fill from Josh Jones
  6. Setting up a Facebook page for citizens who would like to contact me
  7. Start making my way around town to businesses and studying up on the ongoing issues and finances
  8. I will do my best to make some of the people happy some of the time.

 

  1. Wells:
  2. Grateful we have so many individuals who are interested and care about what is going on in town
  3. We need to grow this community and believes it can be great and be so much more
  4. It is the people that make this town great and build a stronger community, that we are better together, and it is about the unity of our citizens
  5. Not just doing this for us, we are doing it for the better of those all around us and we need each and every one of you

 

Adjournment:

 

  1. VanHoecke moved to adjourn the meeting at 9:32PM. K. Harrington seconded. All voted aye.

 

APPROVED TO ADJOURN THE MEETING AT 9:32PM.

 

Respectfully submitted for approval,

Lisa A. Lewis, City Clerk

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