CITY OF FORT SCOTT

CITY COMMISSION MEETING

Minutes of December 3^rd, 2019 Regular Meeting #22

The regular meeting of the Fort Scott City Commission was held December 3^rd, 2019 at 5:00 p.m. in the City Commission Room, 123 S. Main, Fort Scott, Kansas.

ROLL CALL:

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

INVOCATION: Michael Mix – Public Utilities Director said a prayer asking God for guidance for the City, our Government and City officials.

AUDIENCE IN ATTENDANCE: Dave Bruner, Travis Shelton, Michael Hoyt, Chad Brown, Michael Mix, Pete Allen, Kevin Allen, Josh Jones, Jeff Deane, Peter Hinkle, Drew Sebilius, Bret Shogren, Mitch Walter, Devin Tally, Susan Bancroft, Paul Ballou, Robert Uhler, Deb Needleman, Clayton Miller, and representing the press, Jason Silvers of the Fort Scott Tribune.

PROCLAMATIONS/RECOGNITIONS: None

APPROVAL OF MINUTES AND APPROPRIATIONS/CONSENT AGENDA:

1. Approval of minutes of the regular meeting of November 19^th, 2019

2. Approval of Appropriation Ordinance 1251-A totaling 216,872.18.

3. Request to Pay – Crossland Construction Pay Request #1 – $51,062.50 – River Intake Structure Project

4. Request to Pay – Crossland Construction Pay Request #2 – $62,206.80 – River Intake Structure Project

5. Request to Pay – Crossland Construction Pay Request #3 – $308,966.02 – River Intake Structure Project

6. Request to Pay – Crossland Construction Pay Request #4 – $71,059.43 – River Intake Structure Project

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

APPROVED CONSENT AGENDA.

APPEARANCE/COMMENTS/PUBLIC HEARING:

1. APPEARANCE: None

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

limit per citizen) – Michael Hoyt – Mr. Hoyt passed out to the Commissioners a small booklet of the Constitution of the United States.

3. PUBLIC HEARINGS: None

CONSIDERATION:

1. Consideration of Employee Christmas Bonus – Deb Needleman, Human Resource Director, asked the Commission if they would consider giving the Christmas bonus to City employees again this year with the exception of the City Attorney and City Manager. She recommended $100.00 to full time employees, $50.00 to regular part time employees and $25.00 for part time employees. This has been budgeted.

Mitchell moved to approve the Christmas bonus. Adamson seconded. All voted aye.

Approved the annual Christmas bonus of $100.00 for all full time employees, $50.00 for regular part time employees and $25.00 for part time employees. This bonus will exclude Dave Martin, City Manager, ANd the City Attorney.

2. Consideration of Lake Sewer District Sewer Increase – Dave Martin, City Manager, remarked that the last meeting the lake sewer rates were discussed about increasing from $15.77 to $22.79 which is the 2020 rate which will match the City’s rate. According to the service agreement with the County, this is a County led project. Susan researched this and the County should be the entity to form a sewer board. The County was notified back in July of 2019 that this increase needed to occur. The Commission has every right to approve this increase according to the agreement. Susan Bancroft reached out to Stuart Porter, who is with Schaub-Eaton, the engineer for this project, and those rates were only supposed to be at that level for one year. The City will continue to work with the County.

Nichols moved to approve the lake sewer increase from $15.77 to $22.79 for 2020. Bartelsmeyer seconded. All voted aye.

APPROVED LAKE SEWER INCREASE FROM $15.77 TO $22.79 FOR 2020 FOR LAKE RESIDENTS.

3. Debt Service Structure Presentation – Susan Bancroft, Director of Finance, shared with the Commission the City’s debt and where we are. Over the next seven years, most of our debt will be paid off. Susan went over the various funds of the city. 23% of our debt is the Aquatic Center and Buck Run improvements which will retire in 2021. 36% of our debt is from water utility improvements. Our debt limit is $15 million based on our assessed valuation. $13.1 million is exempt because it is utility debt. The City has $13.9 million of debt capacity. The City is in good financial condition.

4. Approval to publish Budget Amendment for the December 17^th, 2019 meeting – Susan Bancroft, Director of Finance, informed the Commission that a budget amendment hearing needs to be held at our next meeting in December.

Bartelsmeyer moved to approve to publish the budget amendment hearing notice and to hold the public hearing at the December 17^th, 2019 meeting. Adamson seconded. All voted aye.

approved to publish the budget amendment hearing notice and to hold the public hearing at the December 17^th, 2019 meeting.

5. Approval of low bid for financing the River Intake Project – General Obligation Temporary Notes – Bret Shogren, of Stifel Public Finance, informed the Commission that on November 19^th, 2019 you adopted a resolution scheduling a sale of General Obligation Temporary Notes for December 3^rd, 2019. The notice to bid was sent out and published in your local newspaper. Moody’s was also sent this information and a conference call was held with City officials to issue a credit rating. Moody’s issued a 1 rating for the temporary notes which is the highest rating you can receive. There were six bids received with the lowest bid from Hutchinson, Shockey, Erley & Company in the amount of $1.492177%. He asked for the Commission to adopt the Resolution directing the sale of the temporary notes and accepting the low bid.

Approval of Resolution 29-2019 authorizing and directing the issuance, sale, and delivery of General Obligation Temporary Notes, Series 2019-1 of the City of Fort Scott, Kansas; providing for the levy and collection of an annual tax, if necessary, for the purpose of paying the principal of and interest on said notes as they become due; making certain covenants and agreements to provide for the payment and security thereof; and authorizing other documents and actions connected therewith. – $4,925,000 – River Intake Project

Mitchell moved to approve the low bid from Hutchinson, Shockey, Erley & Company in the amount of 1.492177% and approve Resolution No 29-2019. Nichols seconded. All voted aye.

Approved Resolution 29-2019 authorizing and directing the issuance, sale, and delivery of General Obligation Temporary Notes, Series 2019-1 of the City of Fort Scott, Kansas; providing for the levy and collection of an annual tax, if necessary, for the purpose of paying the principal of and interest on said notes as they become due; making certain covenants and agreements to provide for the payment and security thereof; and authorizing other documents and actions connected therewith. – $4,925,000 – River Intake Project

approved low bid from hutchinson, shockey, erley & Company in the amount of 1.492177%.

6. Consideration of approval of Energy Services Contract with Schneider Electric – Michael Mix, Public Utilities Director, informed the Commission that Peter Hinkle and Drew Sebilius are here this evening from Schneider Electric. Several months ago, a Request for Qualifications was sent out and the Commission selected Schneider Electric. In May of 2019, this firm did an audit of all City facilities. Tonight, it is scheduled for approval of their contract and the financing to actually conduct the work.

Mr. Hinkle informed the Commission that to update them, they have been in business since 1836. This will help address building needs of all your facilities. He asked approval for the contract and the financing and then they would begin ordering materials for updates. A change of lighting to LED would be implemented. Mechanical improvements will also be implemented through updating heat and air conditioning units. Infiltration issues and window replacement will be implemented. The total scope of this project is $1,534,077. Savings to the City over 20 years is estimated to be $2,153,229. The interest rate for the lease purchase agreement for the equipment is 3.50%. There were five banks that submitted bids for this project. This is a 20-year lease agreement. A press release will be issued regarding this project and updates will be given throughout the process. Approval of the ordinance and resolution is needed.

Consideration of Ordinance No. 3554 authorizing the City of Fort Scott, Kansas to enter into a lease purchase transaction, the proceeds of which will be used to pay the costs of acquiring certain equipment for use in the City; and to approve the execution of certain documents in connection therewith.

Parker moved to approve the ordinance to enter into a lease purchase agreement for the energy savings project. Nichols seconded. All voted aye.

Approved Ordinance No. 3554 authorizing the City of Fort Scott, Kansas to enter into a lease purchase transaction, the proceeds of which will be used to pay the costs of acquiring certain equipment for use in the City; and to approve the execution of certain documents in connection therewith. $1,534,077 – ENERGY SAVINGS EQUIPMENT LEASE PURCHASE AGREEMENT.

Approval of Resolution 28-2019 – Authorizing the City to enter into an Energy Savings Contract for the acquisition and installation of certain energy savings improvements in the city.

Bartelsmeyer moved to approve Resolution No 28-2019. Adamson seconded. All voted aye.

Approved Resolution 28-2019 – Authorizing the City to enter into an Energy Savings Contract for the acquisition and installation of certain energy savings improvements in the city – SCHNEIDER ELECTRIC

7. Consideration of architectural services from Zingre’ & Associates for repairs to the Water Treatment Plant facility – Michael Mix, Public Utilities Director, informed the Commission that a fire occurred at the Water Treatment Plant at 910 Burke Street on October 24^th, 2019 in the early morning hours. He asked for approval for the contract with Zingre’ & Associates to assist with the bidding process and specifications to repair this structure due to the fire.

Susan Bancroft said that this cost will be reimbursed through the insurance.

Nichols moved to approve Zingre’ & Associates architectural contract in the amount of $7,776.00 to repair the Water Treatment Plant facility. Parker seconded. All voted aye.

APPROVED ZINGRE’ & ASSOCIATES ARCHITECTURAL CONTRACT IN THE AMOUNT OF $7,776.00 TO REPAIR THE WATER TREATMENT PLANT FACILITY.

COMMISSION/STAFF:

1. Director Updates:

Dave Bruner – Dave updated the Commission on fire calls for 2019 versus 2018. There are about 300 calls less for the fire department than the previous year. This is due to the fact that the Fire Scott ambulance is now a third out vehicle due to the two ambulances now.

There were 48 fire calls this year compared to 44 calls last year. The calls are 80% EMS related. He said that on Thanksgiving Day the Fire Department crew delivered a baby as they arrived before EMS did.

Robert Uhler – Robert asked the Commission to extend the time frame for the flood plain for 501 E. Wall which is the Greg Schick property. He asked for an extension of 60 days for him to complete his work.

Bartelsmeyer moved to allow an additional 60 day extension for the property at 501 E. Wall belonging to Greg Schick and if more time is needed, then Mr. Schick should come and request it in person. Adamson seconded. All voted aye.

EXTENDED KDHE FLOOD PLAIN APPROVAL FOR AN ADDITIONAL 60 DAYS AND IF MORE TIME IS NEEDED, MR. GREG SCHICK WILL NEED TO SHOW UP IN PERSON.

2. City Commission:

Bartelsmeyer – Nothing to report.

Mitchell – Asked that everyone remember our Sheriff Bill Martin in their thoughts and prayers while he is being hospitalized.

Nichols – Nothing to report.

Adamson – Nothing to report.

Parker – Nothing to report.

3. City Manager:

1. Attorney – City Manager said Burton Harding, our current City Attorney still has an active law practice. The City needs someone to focus more on our complex needs at this time. Recently, at the League of Kansas Municipalities annual meeting, a contact was made with Lauber Municipal Law Firm. They are a group of attorneys that City staff met with and feel confident that they can assist us. Burton will stay on until the end of the year. Jeff Deane is present tonight from Lauber Municipal Law Firm. He practices in Kansas as well as his partner, Joseph Lauber. He asked approval for Ordinance No. 3555 setting the City Attorney.

Mr. Deane said that they are exclusively municipal law. They do no other kind of law. He said they are available at a moment’s notice. There are six of them in this firm and he and Joe Lauber deal specifically with Kansas law. He has been in practice since 1998. They are excited to work with the City of Fort Scott.

Mitchell moved to approve Lauber Municipal Law Firm as the City’s new attorney effective immediately and to approve Ordinance No. 3555. Adamson seconded. All voted aye.

APPROVED ORDINANCE NO. 3555 TO HIRE A CITY ATTORNEY AND SET HIS SALARY WHICH WILL REPEAL ORDINANCE NO. 2707 AND ORDINANCE NO 2757 PREVIOUSLY SETTING SAID CITY ATTORNEY’S SALRY FOR THE CITY OF FORT SCOTT, KANSAS.

ADJOURNMENT:

Mitchell moved to adjourn the meeting at 5:48 p.m. Nichols seconded. All voted aye.

ADJOURNED MEETING AT 5:48 P.M.

The next regularly scheduled meeting is to be held on December 17^th, 2019 at 6:00 p.m.

RECORDED BY:

DIANE K. CLAY

CITY CLERK

AGENDA

FORT SCOTT CITY COMMISSION

FORT SCOTT CITY HALL

COMMISSION ROOM

123 SOUTH MAIN

DECEMBER 17, 2019

6:00 P.M.

I. ROLL CALL:

ADAMSON BARTELSMEYER MITCHELL NICHOLS PARKER

II. FLAG SALUTE

III. INVOCATION: Pastor Eric Going, Parkway Church of God

IV. PROCLAMATIONS/RECOGNITIONS:

V. CONSENT AGENDA:

1. Approval of minutes of the regular meeting of December 3^rd, 2019.

2. Approval of Appropriation Ordinance 1252-A totaling $1,277,645.70.

C. 2020 Cereal Malt Beverage/Public Dance Licenses: (originals in Clerk’s office)

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

Hilltop Bait Shop – 2015 E. 1^st Street

Consumption on the Premises:

Debra Cagle DBA Fifthwheel Tavern – 206 Humboldt

NPC International, Inc. DBA Pizza Hut #2423 – 1810 S. Main

Woodland Hills Golf Course – 2414 S. Horton

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

River Room Events, LLC – 3 West Oak

Buck Run Community Center – 735 Scott

Memorial Auditorium – 1 East Third

4. Resolution 30-2019 and Notice of Hearing With Reference to Alleged Unsafe and Dangerous Structure located at 421 W. 5^th Street – Public Hearing Date – 2/4/2020 – 6:15 p.m.

VI. APPEARANCE/COMMENTS/PUBLIC HEARING:

1. APPEARANCE: None

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

C. PUBLIC HEARINGS/COMMENTS:

6:00 p.m. – Budget Amendment Hearing

VII. CONSIDERATION:

1. Approval of Quit Claim Deed – Transfer of Depot Parking Lot to H.P.A.

2. Consideration of Memorandum of Understanding with Charlesworth Consulting – Consultant for City’s insurance needs

3. Consideration to accept Grant Agreement between City of Fort Scott and Kansas Housing Resources Corporation

4. Consideration of 2020 Bourbon County Emergency Medical Service Agreement

VIII. COMMENTS:

1. Director Updates: Rachel Pruitt

Chad Brown

2. Commission:

3. City Manager:

EXECUTIVE SESSION:

I MOVE THAT THE CITY COMMISSION RECESS INTO EXECUTIVE

SESSION FOR ________________________________ IN ORDER TO

(see below justification)

DISCUSS ______________________________________. THE

EXECUTIVE SESSION WILL BE ___________ MINUTES AND THE OPEN

MEETING TO RESUME AT ________________.

Justifications for Executive Sessions:

• Personnel matters of non-elected personnel

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

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

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

• Preliminary discussions relating to the acquisition of real property

X. MOTION FOR ADJOURNMENT: ROLL CALL