The City of Fort Scott recently authorized a class action lawsuit, Fort Scott Versus Hulu and Netflix, for failing to pay a video franchise fee under KSA12-2022, according to a contingency agreement provided by the city. The document had no date on it, but agrees the law firm cover the expenses of the lawsuit and will receive 33% of any amounts recovered as their lawyer fees.
“No case has been filed, only hiring an attorney to move forward,” said Fort Scott City Attorney Bob Farmer.
Michael Fleming, with Kapke Willerth, LLC, a law firm from Lee’s Summit, MO, and former Fort Scott City Manager Jeremy Frazier signed the document.
Fleming is the attorney representing Fort Scott, he said in an email interview.
Fleming responded to the following questions:
What is the purpose of this lawsuit?
“To recover money owed by Netflix and Hulu for failing to pay the franchise fee in the past and to ensure that it is paid in the future.”
What benefit will it be to the people of Fort Scott?
“Pay for the use of public right of way and property easements within the city, offset city operating costs, and offset additional personal property taxes.”
Is there a timeline?
“Not yet. At some point, a judge will issue a scheduling order and pick a trial setting. Until then, the timeline remains up in the air.”
This week USD 234 students will start school on August 19.
Today and tomorrow are professional development days for teachers, followed by a work/plan day on August 18.
There is mandatory wearing of masks guidelines in the district due to the recent surge in the COVID-19 virus in the county.
There are three new USD 234 Teachers hired in July and August:
Johnna Walls, who will teach 4th grade, Justin Robinson who will teach middle school and high school band and Carlee Campbell-McCullough who will teach preschool.
Below are the USD 234 – Fort Scott School Operations Guidelines for school year 2021 – 2022, provided by Superintendent Ted Hessong:
Masking
● Mandatory masking of K-12 students and staff starting August 16th while indoors. USD 234 School Board reevaluate at monthly board meetings
● Federal order – masking on buses or other group modes of transportation
● Masks will be available for students and staff
Hygiene Measures
● Hand washing emphasis will continue
● Hand sanitizer will be available in all classrooms
● Social distancing (3 feet) when possible
● Cover coughs and sneezes
● STAY HOME WHEN FEELING ILL (2 or more symptoms)
○ 100.0 ℉ = Must be fever free w/o medication for 24 hours to
return to school
○ No attendance based incentives
● Signage will be present
Cleaning of Facilities
● Cleaning regimens and protocols are established
● Cleaning solutions that are rated to eliminate COVID will be used
● All classrooms and buses will have cleaning supplies
Contract Tracing and
Quarantines
● Contact tracing and quarantines will be done in cooperation with Bourbon County Health Department
○ Positive or symptomatic = 10 day isolation
○ Close Contact at school (3 feet more than 15 minutes)
■ High risk – unmitigated = 10 day quarantine
■ Low risk – mitigated = do not have to quarantine
● Staff and students who are vaccinated (must have proof) and
asymptomatic will not have to quarantine if they are a close contact.
Diagnostic Screening and Testing
● Screening and testing options are available to parents from the Bourbon County Health Department and Community Health Center. Over the counter COVID-19 test kits will not be accepted as valid.
Vaccinations to school communities
● Vaccination opportunities are available to students, parents, and staff from the Bourbon County Health Department, Community Health Center, Walmart, or Walgreens. CHC has vaccinations for students 12 years of age and older.
● Vaccinations were made available to all staff last Spring
Accommodations for children with disabilities
● Students with an IEP, 504 Plan, and other documented student supports will have all appropriate accommodations and supports made available to them.
Coordination with state and local officials
● USD 234 School Board will consider all state and local health guidance.
Continuity of Services
● Academic needs will be met through continued full-time, in-person
instruction. Summer learning opportunities were offered. Virtual learning opportunities are available.
● Social, emotional, and mental health needs will be met through social and emotional curriculum and counselors.
● Student health and food service needs will be available for all students. All students will have access to free breakfast and lunch daily as well as school nursing services.
● The USD 234 Operations Guidelines could be changed at any time, with school board approval, to ensure the safety of students and staff.
On August 10, local retired businessman Mark McCoy signed a contract with the City of Fort Scott to become its interim city manager, following the sudden resignation of Fort Scott City Manager Jeremy Frazier on August 3 after serving just six months.
The agreement states that McCoy is appointed by the city commission to be responsible for the administration and affairs of the city and perform duties as allowed by law and will work with the commission on its goals and objectives, according to information provided by the city.
McCoy will be employed month to month and started on August 10, 2021.
The city agrees to pay McCoy $9 per hour for up to 40 hours per week.
McCoy will receive no benefits, vacation or sick leave.
He will receive a vehicle allowance of $500 per month in lieu of mileage reimbursement.
At a special city commission meeting on Aug. 5, Mark McCoy’s name was suggested for the interim city manager position, by Mayor Josh Jones. At that time the city commission asked him to consider taking the position.
McCoy has 46 years of business experience as a manager, supervisor, business development consultant, director, and owner in the McDonald’s Restaurant system, retiring in 2019.
He has been involved in the Fort Scott Chamber of Commerce, Fort Scott Community College Board of Trustees, Mercy Health Foundation, Kiwanis, SEK Multi-County Health Board, Highway 69 Project, Mary Queen of Angels Catholic Church, and the Knights of Columbus.
An event is slated for this Friday to spruce up Fort Scott’s downtown area and donated tools are still appreciated.
“The Downtown Clean-Up Event is scheduled for Friday, August 13 from 3-6 p.m.,” Bailey Lyons, chairman of the Downtown Committee of the Fort Scott Chamber of Commerce, said.
There is a need for paintbrushes and rollers, hand clippers, loppers, weed eaters, leaf blowers, ladders, rakes, and shovels. These can be dropped off, with label and phone number on them, at Lyons Realty Group Office at 8 E. Wall.
Volunteers are asked to gather on August 13 at 2:45 p.m. at Lyons Realty Group at 8 E Wall, where materials, supplies, instructions will be distributed.
The committee has planned and reworked the event twice now because of inclement weather, Lyons said. “We are hopeful that the third time’s the charm and we can get this done for the community!”
The committee is expecting 350-375 volunteers, she said.
Because of the large number of volunteers, several other public areas in town will be worked on.
“Due to the overwhelming pledge of volunteers, we will also complete various projects in the areas of Buck Run, and Gunn Park shelter houses and trails,” Lyons said.
Lyons said they are “extremely grateful to everyone helping, and everyone on the committee is humbled and blown away by the response.”
The Downtown Committee is eager to partner with Fort Scott Community College, which Lyons said is sending FSCC Student-Athletes to help with the cause.
In addition to FSCC, volunteers are expected from The City of Fort Scott, Kiwanis, Rotary, FFA, Good Neighbor Action Team, numerous local businesses, a group of local contractors, and many individuals and families.
“The committee has worked diligently to organize all logistics, materials, and volunteers, and can’t wait to see it all play out,” Lyons said. “Our projects are spread throughout the historic downtown area and will include re-striping parking spaces and crosswalks, mulching and planting various beds, painting light posts and signposts, painting curbs, and painting the Chamber & Visitor Center sign, among other things. In addition, there are groups of local artists that will be painting two wall murals downtown throughout the day.”
“An event of this scale does not happen without the time, effort, and donations from a ton of individuals and organizations,” Lyons said, “The majority of the event costs were offset by a grant from our local Fort Scott Elks Lodge, which the committee was thrilled to receive. Many of the materials not covered by the grant were provided by The City of Fort Scott, who has been wonderful to collaborate with.”
A free meal will be provided to the volunteers from area businesses.
“All volunteers will be fed dinner upon completion of the work, courtesy of E3, with contributions from Bids & Dibs, and Lyons Realty Group, ” Lyons said. “Each volunteer will also receive a free t-shirt, compliments of MyOneStop.”
“We wish to extend a sincere thank you to every person that has supported these efforts,” Lyons said on behalf of the committee. “This grew into a much larger event than originally planned, and the community pride has been undeniable. We hope that the impact is positive and quite noticeable. It’s amazing what can happen when people join together!”
“MyOneStop, a local marketing, and printing company is sending over their videographer and photographer to document the event,” Rachel French, a clean-up committee member said. “They will be creating a video to share with the City of Fort Scott to use as they see fit. MyOneStop is happy to donate its time and services to such an awesome event.”
Members of the Fort Scott Chamber of Commerce Downtown Committee, include Lyons (who is the chairwoman, Lyons Realty Group), John Crain (Crain Insurance Agency), French (WK Holdings) and Angela Simon (Bids & Dibs/ Angie Dawn’s), supported by Chamber President/CEO Lindsay Madison.
The Fort Scott Chamber of Commerce Downtown Committee 2021. Submitted photo.
Community schools are opening for the fall semester beginning this week. All are grappling with the newest surge of COVID-19 cases in the county and in the nation.
The first day of classes is August 12, with in-service for teachers yesterday at Fort Scott Community College.
“We are really looking forward to getting started this semester,” Adam Borth, FSCC Vice President of Academic Affairs said. “It is always exciting to see the students coming back or beginning college for the first time.”
“Most classes (offered) remain the same, however, we have added another section of welding during the afternoon,” he said. “We continue to review our programs and determine what course revisions are needed. At this point, we are trying to keep things fairly consistent while exploring options for new programs.”
They have hired new full-time instructors for this year: Sara Holder in nursing, Rachel Stauffer in biology, Kim Boyer in English, Brandon Fisher in welding, and Ashley Page in communications.
COVID-19 prevention policies
“Fort Scott Community College has updated our guidance for COVID-19 mitigation,” Borth said. “We will review the guidance every two weeks, or more frequently as needed.”
“Unvaccinated individuals are expected to wear masks on campus, while instructors have the discretion whether or not to require masks within their classroom or offices, where space is limited.
“Instructors will utilize the college Learning Management System (Blackboard) to provide students in quarantine and isolation course material; providing synchronous lectures via Zoom is not required.
“At this time, individuals who are vaccinated, not experiencing symptoms, and in close contact with someone who is positive do not need to quarantine.
“Individuals who test positive must isolate, regardless of vaccination status, and unvaccinated individuals who are a close contact of a positive case and notified by a health professional (e.g. health department) must quarantine.”
“We will have a no-charge COVID-19 vaccination clinic on Tuesday, August 17, from 10 a.m. to 2 p.m., in Bailey Hall, which is open to the public,” Borth said.
The west side of the former Mercy Hospital was leased starting in 2020 for FSCC students’ housing, and also for 2021. The facility is located on Horton, south of the college.
FSCC is still housing students at the former Mercy building on the west side.
“We are currently housing students in the (former Mercy) building and plan to do so during the fall semester at a minimum,” he said. “We are tenants in a monthly lease agreement, so plans can always be modified in that scenario.”
Fort Scott Community College
“The first day of classes is August 12 and the last day for students during the fall semester is December 10,” Borth said. “We are closed the full week of Thanksgiving. We resume classes on January 12, with Spring Break scheduled for March 14-18. Classes end for the spring semester on May 13, with graduation being Saturday, May 14.”
Local businessman Mark McCoy was asked by the City of Fort Scott to consider taking the interim city manager position.
Fort Scott City Hall.
This following the sudden resignation of Jeremy Frazier in the city manager position, after just six months. Frazier tendered his resignation last week and signed a severance package with the city.
Jeremy Frazier. Submitted photo.
“City Attorney Bob Farmer is putting together a contract for an interim city manager position,” McCoy said. “It will be reviewed and then, if approved, a contract offered.”
The contract for Mark McCoy as interim city manager will be taken before the Fort Scott City Commission for approval at 6 p.m. this evening, City Attorney Bob Farmer said. “Mark has agreed to be our interim city manager as he is a long-time resident and wants to help keep the city moving forward until we have a full-time city manager.”
At a special city commission meeting on Aug. 5, Mark McCoy’s name was suggested for the interim city manager position, by Mayor Josh Jones.
“I have gotten to know Mark over the last year and thought he had a good balance between government knowledge as well as his business mind that could help us through the next 3-6 months until we can find a replacement,” Jones said.
“I am extremely excited about the opportunity, and want to help the community as best I can,” McCoy said. “There are lots of possibilities. I do hope to be a face for positive things. I hope it works out for all.”
McCoy has 46 years of business experience in the
McDonald’s Restaurant system, as a restaurant manager, area training manager, special project manager, supervisor of five restaurants, senior supervisor, business development consultant, regional food safety consultant, director of training, learning and development, and most recently was owner of four McDonald’s in Missouri and Kansas, retiring in 2019.
He has been involved in the local community in the following ways:
Fort Scott Chamber of Commerce past chairman, three times ;
past chairman Fort Scott Community College Trustees
Mercy Health Foundation Board Member for eight years;
past president Kiwanis and current member for 15 years;
SEK Multi-County Health Board Vice-chairman, Highway 69 Project member, member of the Knights of Columbus for 25 years.
There are several new instructors at Fort Scott Community College this year. This is part of a series to feature them.
Classes start on August 12.
Sara Holder, left, and family. Submitted photo.
Sara Holder, 44, is a new Fort Scott Community College Nursing Instructor. She will teach at the Burke Street Campus.
She is a graduate of William Jewell College in 1999 and has emergency room, same-day surgery experience, and has worked as a school nurse.
Her hometown is Kansas City.
Holder has been married to Bret for 22 years and has two high school-age students: Jet, a senior, and Kate, a junior.
In her spare time, she loves to watch her children compete in sports.
” I also love to decorate,” she said. ” My family serves veterans and actively fights against human trafficking.”
She was inspired to be a nurse “by all the excellent nurses I have worked with over the years,” she said. “I want to teach nursing students to be like them.”
For Holder, the best part of teaching is encouraging students to become safe, compassionate, caring nurses, she said.
What is the greatest challenge for her?
“The transition from being an expert nurse at the bedside taking care of patients for over 22 years, to a brand new instructor in the classroom teaching nursing students,” she said.
Rachel Stauffer. Submitted photo.
Rachel Stauffer, 40, is the new biology, anatomy, and physiology instructor. Her office and classroom are in Bailey Hall.
She earned an associate of applied science in veterinary technology from Maple Woods Community College, a bachelor of science in animal science from Missouri State University, a master of science in education with an emphasis in biology from the University of Nebraska-Kearney, and a specialist in education in educational leadership from Arkansas State University.
“I have taught middle school and high school science for 12 years,” she said. ” Most recently I taught biology, dual credit biology, and anatomy/physiology at El Dorado Springs High School.”
Her hometown is Stockton, MO but currently resides in El Dorado Springs, MO.
“My husband Matthew and I own a small cow/calf operation outside of El Dorado Springs,” Stauffer said. “My daughter, Macy, is active in 4-H and FFA showing cattle and goats. My son, Marshal, is also active in 4-H and enjoys showing cattle and pigs.”
“Following my kids to their activities and helping with the farm, in addition to teaching, keeps me busy,” she said. In addition, she has served as a county extension council member, president of the local teachers association, and a 4-H leader.
She found she enjoyed educating people while working as a veterinary technician.
Several people inspired her to teach.
“I have been blessed to have some great teachers and mentors as I have grown as a teacher and person, Stauffer said. “I had a fantastic high school biology teacher that inspired me.”
The best part of teaching for her is connecting with students and helping create an interest in science, she said.
“I like to find things that apply to their everyday lives and help them to understand those concepts better,” Stauffer said.
The greatest challenge in teaching is the current pandemic.
“Right now the greatest challenge facing us all of the uncertainty with COVID, she said. “Plans often need to be re-evaluated and changed week by week as the situation unfolds. It is up to us to try to maintain a routine for the students and provide them with an excellent educational experience.”
Kim Boyer. Submitted photo.
Kimberly Boyer, 52, is a new Fort Scott Community College English Instructor.
She earned a masters of arts in English from Emporia State University; a bachelor’s in education, 7-12 grade language arts; and speech communication from Chadron State College, Chadron, NE.
She has I5 years of experience teaching high school English, speech, and drama, most recently at St. Patrick’s Jr./Sr. High School in North Platte, NE. She was also the play production director and speech coach there.
For the past three years, she was a full-time writing lab assistant at Mid-Plains Community College in North Platte, NE.
Her hometown is Stapleton, NE.
Her family includes her husband, Bud, ” Who is continuing to run our ranch and trucking business in Nebraska.” They have three daughters, Brianna, Jennifer, and Nikki.
Outside of her job she loves to garden, listen to audiobooks, and bake.
She has been a judge for speech and play production competitions in Nebraska for the past 15 years.
“I attended small one-room country schools for most of my elementary school years…and was inspired by those teachers and originally intended to teach elementary school,” she said. However, she became involved with speech and drama and decided to teach high school so she could coach these activities, settling on a language arts career.
When her daughters began taking dual credit and online college courses in high school, she decided to pursue a master’s degree and search for a job in higher education, she said.
The best part of teaching for Boyer is getting to know the students and watching them succeed in the classroom or extra-curricular activities, she said.
In a previous job, she was able to work with traditional, non-traditional, and international students in the writing lab, student success center, and library, Boyer said. “I loved being able to show all these students how to improve their writing and research skills. However, I am looking forward to the opportunity to have my own classroom again.”
The greatest challenge in teaching for Boyer is engaging students who are in the class because they have to take English, she said. “However, English courses are more than just learning how to write complete sentences or organizing an essay. It involves critical thinking, research skills, sharing of ideas, and learning how to communicate effectively in several modalities.”
The Fort Scott/Bourbon County Dispatch office is now located in the old jail facility on 207 S. Judson. Submitted photos.
Those who answer emergency calls for the Bourbon County community have been moved to a more secure and bigger space from the Hawkins Public Safety facility at 1604 South National Avenue.
People and equipment in Fort Scott/Bourbon County Dispatch Department moved to 207 S. Judson, on June 22, 2021. The site is the former correctional facility adjacent to the Bourbon County Courthouse.
Parts of the old jail facility were remodeled into Fort Scott/Bourbon County Dispatch and opened on June 22, 2021. Submitted photo.
“We answer all incoming 911 emergency calls and dispatch the appropriate agencies such as police, deputies, fire, and Emergency Medical Services,” Traci Reed, communications manager, said. Reed has been in this position for ten years and in the dispatch department for 14 years.
“We also answer all calls that require calls for service for the community,” she said.
Why the move?
“Personal and structural safety has always been a concern for our dispatch facility,” Reed said. “The Hawkins building housed police, fire, and dispatch, and the shortage of room was an issue as well.”
“The public has access to the Hawkins Building and dispatch should not be physically accessible to the public due to safety reasons,” she said.
“Fortification of dispatch is very important due to bad weather or any other kind of disaster that may occur,” Reed said. “If any disaster would take place dispatch has to be able to continue communications with all agencies to ensure the safety for our citizens of the city and county.”
“The benefit (to the community) is that dispatch can and will continue to run efficiently and serve this community to the best of our ability to ensure safety for not only our citizens but also our First Responders,” she said.
Jobs
Currently, there are seven full-time employees with one part-time employee.
There is one full-time vacancy at this time, she said.
Qualifications for employment require passing a background check, being able to multi-task, have listening skills, and being able to handle stressful situations, Reed said.
To apply go to the City of Fort Scott Website at www.fscity.org to fill out an application.
Women’s Flag Football is coming to Fort Scott Community College.
“Flag football is an emerging sport which has gained popularity across the country in recent years,” Tom Havron, FSCC’s Athletic Director said. “Many NAIA (National Association of Intercollegiate Athletics) schools in the region have started the programs, and FSCC is proud to be one of the founding members at the NJCAA level.”
“Flag football will be a female sport, consisting of 15-20 team members,” he said. “We will have students at FSCC fall of 2022, but the inaugural season will be a spring sport starting in 2023.”
Tom Havron is the FSCC Athletic Director. Submitted photos.
“Women’s Flag Football has been a growing commodity across the nation and FSCC intends to provide an opportunity for these student-athletes to continue their passion for the sport while pursuing their education at the collegiate level.”
“Similar to the Fort Scott youth flag football program, the FSCC team will feature women who play the game at a high level,” he said.
“FSCC is currently recruiting students to start competition in the fall of 2022,” Havron said.
Flag football. Submitted photo.
“As flag football is an emerging sport, there are not many people who have much experience in the region,” Havron said. “We have communicated with the area NAIA schools who have started the program in the past few years and hope to learn and grow with them. FSCC was awarded a $10,000 grant from the NFL and NJCAA. Part of this will be used to seek professional development activities for our coaching staff. ”
“We will practice on the FSCC campus at the turf field, and hope to play our games at Frary Field as well as other regional institutions,” he said.
Brad Matkin, 51, is the new Fort Scott Director of Human Resources. His start day was August 2, 2021.
“I will be recruiting, interviewing, and onboarding new members,” Matkin said. “Working on member benefits, challenging our benefit resources to give us better opportunities/pricing, working with the department managers to provide management/leadership training, and being the ears for the city members, and several other things too numerous to list.”
Matkin’s office is at Fort Scott City Hall, 123 S. Main. The phone number of city hall is 223-0550.
Matkin believes a good human resource person is the backbone of a company/organization, working on policies, processes, and helping create a good working environment for the members, he said.
“With that, I just kept working getting my education and gaining the knowledge it would take to be successful in a position like this… Director of Human Resources for the City of Fort Scott.”
The best part of the career is working with the members of the entity, he said. “I really enjoy the interaction with them even if the situation is sometimes not a good one. I feel members need to be able to voice their opinion to someone that can be confidential but also someone that can possibly help.”
The COVID-19 Pandemic has created challenges in a human resource person’s job.
“Hiring and retaining members is everybody’s challenge currently but I feel the challenge is exciting,” Matkin said. “I feel getting the right mix of people that will create a good team environment plus treating them fair will make them happy to come to work. “Communication is key to retaining members, yes wages and benefits are important also, but if you can make members feel important and create a bond between the groups you will be much more successful. The old saying that members leave their boss not the job is very true.”
Matkin earned a master’s degree in business administration at Pittsburg State University with an emphasis in human resources. He has over twenty years in business management and four years in a human resource and recruiting role.
He is married ” to my wonderful wife of 28 years, Tammy” and they have three grown children and two grandsons, he said.
Outside of his career Matkin enjoys spending time with family and collects sports memorabilia. “I also like watching KC Chiefs football and KC Royals baseball,” he said.
Bryce Eck, 17, comes from a family of bucking horse riders.
“My Dad (Andy) rode bucking horses when he was younger,” Eck said. “My older brother, Colt (19 years old) rides as well.”
All that practice, and talent, paid off for Bryce when he won the 2021 World Championship Junior Rodeo in the bareback riding event, this year held in Guthrie, OK from July 29-31.
“The top eight (contenders) make it back to finals on the third day,” Eck said. “The winner rides on Thursday, Friday, Saturday at noon then that evening.”
“You have to be under 19 years old to go to this rodeo, (and) you have to make it back each round with your score and how well you rode,” he said.
“A good ride is to have the horse bucking and the rider spurring the ride,” Eck said. “You have to stay on for eight seconds.”
At home on the Eck farm, Bryce pitches in.
During the interview yesterday, he was hauling hay for his dad on their cattle farm, near Redfield.
The hay will be for winter feed for the animals on the Eck farm.
“We raise cattle and we have a colt training business,” Eck said. “We train the horses to be ridden.”
Fort more information, call or send him a text (620) 215-5621
Stewart Realty Co., 1707 S. National Avenue. The photo is from its Facebook page.
In addition to horses, his family has a cow-calf operation south of Fort Scott.
Hays and his wife, April, have two daughters, Isabel, 11 years old, and Dally, 4.
They like to attend rodeos together and Josh is a roper.
“I like roping when I can, I enjoy it,” he said.
Hays is a 1999 graduate of Fort Scott High School, a 2004 graduate of Pittsburg State University with a major in history, and graduated from farrier school in 2010.
