CITY OF FORT SCOTT CITY COMMISSION MEETING
Minutes of January 21, 2025 Regular Meeting
A regular meeting of the Fort Scott City Commission was held at 6:00PM in the City Commission Meeting Room at City Hall, 123 S. Main Street, Fort Scott, Kansas. The meeting was streamed live on YouTube.
The meeting was called to order at 6:00PM (0:28). Roll call was taken. Commissioners Dyllon Olson, Matthew Wells, Tracy Dancer and Kathryn Salsbury were present with Mayor Tim Van Hoecke.
In Attendance – Brad Matkin/City Manager, Bob Farmer/City Attorney, Jason Dickman/City Engineer-Earles Engineering & Inspections, Inc., Lt. Caleb Bell/FSPD, Devin Tally/City Finance Manager, Leroy Kruger/Codes Enforcement Technician, Ben Hart/BakerTilly, Lisa Lewis/City Clerk, Bryan Matkin/FSK Manager, Jose Montanez, Amanda Lancaster, Lindsay Madison, Robert Coon, and Cory Bryars .
(0:53) VAN HOECKE led the Pledge of Allegiance and MATKIN said a prayer asking God for guidance for the City, our Government and City officials.
Approval of Agenda (1:50)
MOTION: DANCER moved to approve the Agenda as presented. WELLS seconded.
MOTION CARRIED 5-0.
Approval of Consent Agenda (2:31)
- Approval of Appropriation Ordinance 1376-A – Expense Approval Report – Payment Dates of January 2, 2025 – January 14, 2025 – $457,688.20
- Approval of Minutes: December 17, 2024; December 23, 2024; and January 7, 2025.
- December Financials
MOTION: DANCER moved to approve the Consent Agenda as presented. SALSBURY seconded.
MOTION CARRIED 5-0
Public Comments (3:30) None
Appearances
(3:36) Cory Bryars – Care to Share – Update on the organization and its activities including a recap of 2024 and roadmap for 2025.
(13:35) Amanda Lancaster/Deihl, Banwart, Bolton – Audit results were reviewed. One significant deficiency was indicated due to (11) missing invoices out of (45) selected were an internal issue and not related to BakerTilly. Processes are now in place to prevent further occurrences.
Approval of Resolution No. 3-2025 – A RESOLUTION FOR EXEMPTION FROM GENERALLY ACCEPTED ACCOUNTING PRACTICES UNDER K.S.A. 1120A (26:44 )At the previous meeting, WELLS indicated a concern with using the GAAP waiver. LANCASTER was asked to explain the difference between the GAAP Audit and Regulatory Basis Audit. She stated that she only does regulatory audits and does not provide that service. She explained the differences that she is aware of.
(28:21) HART provided an explanation of the differences between the types of audits as it would pertain to the City of Fort Scott.
Discussion was had about the audit options.
MOTION: WELLS moved that we adhere to the generally accepted accounting practices for this year. DANCER seconded. DANCER, OLSON, SALSBURY and WELL voted yes. VAN HOECKE voted no.
MOTION CARRIED 4-1.
ACTION: B. Hart will put the required amount for the GAAP Audit in the budget after discussing it with A. Lancaster.
Approval of Code of Ethics – Ordinance No. 3780 – Revised (34:01)
MOTION: WELLS moved to approve the revised edition of the Code of Ethics. OLSON seconded. OLSON, SALSBURY, and WELLS voted yes. VAN HOECKE and DANCER voted no.
MOTION CARRIED 3-2.
- Wells left the meeting (42:56)
Appointment of City Commission Representative to the Health in All Practices Commission – tabled from January 7, 2025 (42:56)
MATKIN stated that Lisa Dillon/Housing, Community Development Coordinator is the appointed representative.
MOTION: DANCER moved to remove Item D (Appointment of City Commission Representative to the Health in All Practices Commission) from the Agenda. OLSON seconded. WELLS was absent for the roll call of the vote.
MOTION CARRIED 4-0.
- Wells returned to the meeting (44:38)
Consideration to Appoint or Remove City Commission Representative to REDI – tabled from January 7, 2025. (44:39)
ACTION: DANCER will upon attending his first meeting will attempt to get something in writing from Bourbon County REDI acknowledging that the City is not their customer and does not owe them money for him attending their meetings. If he cannot get such thing in writing, I will discontinue attendance.
MOTION: SALSBURY moved to appoint DANCER to the Bourbon County REDI Board (as a representative for the City). VAN HOECKE seconded.
MOTION CARRIED 5-0.
MATKIN stated that he would like to know the function of REDI, what their mission statement is, where are they going and how are they getting there.
ACTION: DANCER will ask the questions of REDI.
Status of 323 W. Wall – tabled from January 7, 2025 (47:11) – WELLS had interested contractors look at the home, all want the home to be saved, and he summarized their comments. He is requesting more time to bring the item before the Land Bank and contact the owner directly.
MOTION: OLSON moved to table the item until February 4, 2025.
ACTION: WELLS will bring the topic before the Land Bank on January 27, 2025, and will contact the owner of the home.
SALSBURY seconded.
DANCER, OLSON, SALSBURY and WELLS voted yes. VAN HOECKE voted no.
MOTION CARRIED 4-1.
Status of 118 E. Wall (52:34)
- Hart left the meeting (54:54)
Discussion was had about what MONTANEZ would present to the Commission following the Commission’s visit to the building. WELLS again stated that a structural engineer must certify that the building is safe. That has still not been submitted. Further discussion was had on what work has been done and what has not been done to date toward the goal of opening the building for business.
OLSON asked MONTANEZ if the City were to draft a waiver where he would assume all responsibility should this building collapse, will he sign it. MONTANEZ stated “definitely…”
MOTION: OLSON moved to allow legal counsel and the City Manager work with the building owner of 118 E Wall to draft a waiver that can be brought back to the Commission as well as the owner to provide Certificate of Insurance with the City named as additionally insured and the building owner gives the Codes Department permission to inspect the building annually.
DANCER asked KRUGER that in his professional opinion does the building in its current state represent a hazard to the citizens of Fort Scott. KRUGER stated that “someone more professional that I has already answered that.” MATKIN stated “I don’t think you want that liability on the City of Fort Scott.” FARMER agreed with MATKIN.
Discussion was had about the (2) structural engineering reports.
DANCER seconded the motion.
VAN HOECKE called the question.
DANCER requested to rescind his second to amend the motion to include the option that if a structure engineer will certify that the building is safe to open the City will discontinue any requirement to prove that the building owner has insurance. OLSON agreed to the amendment to his motion.
OLSON, VAN HOECKE, SALSBURY, and DANCER voted yes. WELLS voted no.
MOTION CARRIED 4-1.
(1:27:48) COON requested to be heard regarding the opening of his building. VAN HOECKE stated that he would have the City Manager call a Special Meeting to address his request to reopen his building once the work specified in the structural engineers report is completed and inspected by KRUGER.
- Farmer left the meeting (1:28:46)
Approval of Disadvantaged Business Enterprise (DBE) Program (1:29:28) – B. Matkin/FSK Airport Manager appeared to provide an overview of the document that needed the Commission’s approval. It is a document that allows fair bidding on government contracts and is required to be updated every (3) years in order to receive funding for airport projects.
MOTON: WELLS moved to approve the Disadvantaged Business Enterprise Program. SALSBURY seconded.
MOTION CARRIED 5-0.
- Farmer returned to the meeting (1:30:30)
Status of 15 E. 2nd St. – Moody Building (1:30:27) – MATKIN stated he had been in contact with the building owner and a structural engineer’s report is in hand. The owner is in the process of finding a contractor to do the specified work.
Discussion was had about the probable safety of the building.
ACTION: MATKIN will ask the building owner for a Certificate of Liability and the alley behind the building will be completely closed down until the work is completed.
Reports and Comments
CITY MANAGER MATKIN (1:32:00)
CITY ATTORNEY FARMER (1:54:12)
COMMISSIONER SALSBURY (1:54:23)
COMMISSIONER WELLS (1:56:14)
COMMISSIONER OLSON (2:01:52)
COMMISSIONER DANCER (2:01:55)
COMMISSIONER/MAYOR VAN HOECKE (2:05:31)
MOTION: DANCER moved to adjourn the meeting at 8:09PM (2:09:38). SALSBURY seconded.
JANUARY 21, 2025, MEETING ADJOURNED AT 8:09PM.
Submitted by Lisa A. Lewis, City Clerk