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NOTICE OF AND AGENDA FOR REGULAR
MEETING OF FORT SCOTT CITY COMMISSION
City Hall Commission Room – 123 S. Main Street, Fort Scott, KS 66701
December 17, 2024 – 6:00 P.M.
Tim VanHoecke, Matthew Wells, Dyllon Olson, Kathryn Salsbury, Tracy Dancer
III. Pledge of Allegiance
Original Unopened Container – Not for Consumption on the Premises
Walmart #0039 – 2500 S. Main
Walgreens #11086 – 2229 S. Main
Pete’s #28 – 1135 E. Wall
Pete’s #27 – 605 National
Pete’s #20 – 998 N. National
Pete’s #14 – 1920 S. Main
Casey’s #3399 – 2216 S. Main
G & W Foods/Cash Saver – 911 E. 6th
Consumption on the Premises
Fifthwheel Tavern – 206 N. Humbolt
Woodland Hills Golf Course – 2414 S. Horton
VII. Public Comment
VIII. Appearances
Public Hearing:
Action Items:
XII. Adjourn
CITY OF FORT SCOTT CITY COMMISSION MEETING
A regular meeting of the Fort Scott City Commission was held at 11:00AM in the City Commission Meeting Room at City Hall, 123 S. Main Street, Fort Scott, Kansas. The meeting was streamed live on The City of Fort Scott YouTube Channel but audio was not available due to technical difficulties.
The meeting was called to order at 11:06AM. Commissioners Tim VanHoecke (by phone), Dyllon Olson (by phone), and Matthew Wells were present with Mayor Tracy Dancer. Kathryn Salsbury was absent.
Brad Matkin/City Manager, Jason Dickman/Earles Engineer & Inspection, Inc. (by phone) and Lisa Lewis/City Clerk were present for the meeting.
Approval of Agenda
MOTION: M. Wells moved to approve the agenda as presented. T. VanHoecke seconded the motion. All present voted yes.
MOTION PASSED BY 4-0 VOTE.
Public Comment – No comments.
Unfinished Business
Consideration of Contractor’s Application for Payment No. 5-REV – Heck & Wicker, Inc. – Project No. 24-414 (Concrete and Dirt Work) $140,130.12
MOTION: M. Wells moved to approve the requested payment of $140,130.12 to Heck & Wicker for the concrete and dirt work that was completed and approved. D. Olson seconded the motion. All present voted yes.
MOTION PASSED BY 4-0 VOTE.
Adjourn
MOTION: T. VanHoecke moved to adjourn the meeting at 11:13AM. M. Wells seconded the motion. All present voted yes.
MEETING ADJOURNED AT 11:13AM.
_______________________________________________________________________
Submitted by:
Lisa A. Lewis, City Clerk
CITY OF FORT SCOTT CITY COMMISSION 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 – City of Fort Scott Channel.
The meeting was called to order at 6:00PM. Commissioners Tim VanHoecke, Dyllon Olson, Matthew Wells, and Kathryn Salsbury were present with Mayor Tracy Dancer.
Audience in Attendance – Brad Matkin/City Manager, Bob Farmer/City Attorney, Jason Dickman/City Engineer-Earles Engineering & Inspections, Inc., Caleb Bell/FSPD Lieutenant, Leroy Kruger/Codes Enforcement Technician, Jessica Oliphant/BakerTilly (by telephone), Bill Lemke/Water Collections, Laura Dunfee, Steven Dunfee, Robert Coon
Approval of Agenda (Time stamp 1:45)
MOTION: T. VanHoecke moved to approve the Agenda as presented. K. Salsbury seconded the motion. All those present voted yes.
MOTION PASSED BY 5-0 VOTE.
Approval of Consent Agenda (Time stamp 3:00)
MOTION: D. Olson moved to approve the Agenda as presented. T. VanHoecke seconded the motion. All voted yes.
MOTION PASSED BY 5-0 VOTE.
Public Comment
Robert Coon – (Time stamp 3:45) – addressed the Commission regarding the status of 118 E. Wall. He is encouraging a decision from the Commission at the next meeting following the inspection from the structural engineer on December 9, 2024. This situation has greatly impacted his business, and he requested a resolution because it has been (1) year since the situation began.
Unfinished Business
(Time stamp 11:01)
Consideration of RESOLUTION NO. 31-2024 – RESOLUTION DIRECTING THE REPAIR OR REMOVAL OF AN ALLEGED UNSAFE AND DANGEROUS STRUCTURE AT 1105 S. STATE– Tabled from November 19, 2024.
MOTION: T. VanHoecke moved to approve Resolution No. 31-2024 directing the removal of the structure at 1105 S Scott. K. Salsbury seconded the motion. All voted yes.
MOTION PASSED BY 5-0 VOTE.
(Time stamp 14:40)
-Consideration of Certificate of Appropriateness – 17 S. Main – Move Sign to New Location – Recommended by Design Review Board on November 12, 2024, and tabled by City Commission on November 19, 2024.
MOTION: T. VanHoecke moved to approve the Certificate of Appropriateness to move the Stutesman Action Realty sign from 120 Wall Street to 17 S. Main. M. Wells seconded the motion. All voted yes.
MOTION PASSED BY 5-0 VOTE.
New Business
(Time stamp 16:40)
Consideration to Replace Charles Street Lift Station – B. Lemke addressed the Commission to request the replacement of the Charles Lift Station due to its current condition. Repairs have been attempted. Parts are not readily available due to the age of the equipment. He has selected an above ground lift station that uses a siphon-style priming system that uses check valves to keep it in place. It is manufactured by Gorman/Rupp and Haynes Equipment is the sole source provider. It was chosen because it has less electro-mechanical parts. He believes it will be cheaper to run, long-term and easier to maintain. The cost of the station is $83,500.00 and will need to be installed by a contractor. He would need to solicit bids for the removal and installation of the lift station. His ask is for approval to purchase the new station and seek bids for removal and installation.
Discussion was had regarding sole source and other station options.
MOTION: T. VanHoecke moved to approve the City going out for a “turn-key” lift station at Charles Street. D. Olson seconded the motion. All voted yes.
MOTION PASSED BY 5-0 VOTE.
ACTION: B. Lemke will work with Earles Engineering to create a comprehensive bid for all that is needed for the new lift station and return to the Commission.
Consideration of Verizon Tolling Agreement – B. Farmer explained that Verizon is actively looking for a new location for the cell tower because the location that was applied for was denied by the City Commission. He stated that Verizon has said that they have the right to appeal the decision in federal court. The agreement for consideration is a “stop the clock” agreement. The City will do nothing other than what is already done, and Verizon will not appeal while they explore the options to move the tower. He understands that the Verizon legal department and the business side have authorized this agreement as well. During this time, Verizon will decide if they will submit another application for a different location and the 150-day deadline no longer applies with the approval of this agreement.
MOTION: D. Olson moved to approve the Tolling Agreement. M. Wells seconded the motion. All voted yes.
MOTION PASSED BY 5-0 VOTE.
(Time stamp 34:17)
Consideration to set a Budget Hearing on December 17, 2024, for amending the 2024 Budget pertaining to Stormwater Fund No. 719 and Golf Fund No. 219. – J. Oliphant explained that this is part of the annual compliance of submitting the budget to the state. BakerTilly reviews the projections to see if any of the funds will expend beyond the budget authority that was submitted last year for 2024. Stormwater and golf are the only (2) funds that appear to be expending more than what was budgeted. A budget hearing is required to approve an amendment to the budget to bring these (2) funds into compliance. Neither is over budget by a lot. The stormwater fund should have enough revenue in its charges for service to cover the overages and expenditures. The Golf Fund will require a small supplement from the General Fund. This is the first year that the Golf Fund has been independent, so in prior years it would have rolled up with the General Fund to receive its supplement. This is a more transparent way of providing these services.
MOTION: M. Wells moved to set a budget hearing for December 17, 2024. K. Salsbury seconded the motion. All voted yes.
MOTION PASSED BY 5-0 VOTE.
ACTION: J. Oliphant will provide a of expenditures of the Stormwater Fund and the Golf Fund to outline the overages prior to the budget hearing.
(Time stamp 37:32)
Consideration of RESOLUTION NO. 34-2024 A RESOLUTION TO ESTABLISH URBAN AREA BOUNDARY LINES and RESOLUTION NO. 35-2024 A RESOLUTION TO APPROVE URBAN FUNCTIONAL CLASSIFICATION SYSTEM – B. Matkin stated that this is a process that is done every few years in conjunction with the County. It defines the boundaries and the classifications of the roads. There were no changes to the Fort Scott boundaries but there were a few changes to the classification of a few roads due to a traffic study.
MOTION: M. Wells moved to approve Resolution No. 34-2024 and Resolution No. 35-2024. D. Olson seconded the motion. All voted yes.
MOTION PASSED BY 5-0 VOTE.
(Time stamp 40:41)
Request to Pay Heck & Wicker – Project No. 6 U-2455-01 – EEI Project No. 24-414 – Payment No. 5 – $450,052.32 – J. Dickman presented a request for the Commission to pay for materials (asphalt and fabric), Earle’s Engineering would issue a letter to Heck & Wicker stating that the final product is defective and have requirements for them to profile the roadway and based on KDOT specs and wherever it does not meet the tolerances, they would have to diamond grind at the expense of the contractor, not the City.
Discussion was had regarding the City’s dissatisfaction with the surface of Horton Street and specifically the fact that the specs of the contract were not followed and the surface was poured in (1) 3” lift instead of the specified (2) 1 ½” lifts, along with issues with the fabric, milling and a lack of a Change Order.
Emery Sapp & Sons sent a statement to B. Matkin regarding possible resolutions. He addressed the Commission and answered questions. (Most of his comments were inaudible for accurate transcription).
Further discussion was had regarding where the communication went wrong and the need for a resolution.
ACTION: J. Dickman will check the project report to see if there is any documentation regarding the decision to change from the specs.
ACTION: J. Dickman will try to find which bidder asked for clarification on the bid regarding the 3” lift which required an addendum (Addendum 2) to the bid.
Discussion was had about the pieces of the contract. Article 14 of the contract pertains to the letter J. Dickman would draft to tell Heck & Wicker that the City does not accept the smoothness of this road…the fix is on you and here’s my recommendations.
Further discussion was had about diamond grinding as a resolution.
MOTION: M. Wells moved to table the approval of the Contractor’s Application for Payment No. 5 until information is provided from Heck & Wicker, Jason has an opportunity to go through the emails, Jesse can go through his emails to provide the Commission any kind of documentation to back up any of the back and forth and put this on the agenda for the next meeting . D. Olson seconded the motion. All voted yes.
MOTION PASSED BY 5-0 VOTE.
Reports and Comments: (Time stamp 1:15:13)
MOTION: T. VanHoecke moved to adjourn the meeting at 7:24PM. D. Olson seconded the motion. All voted yes.
MEETING ADJOURNED AT 7:24PM.
_______________________________________________________________________
Submitted by:
Lisa A. Lewis, City Clerk
December 5, 2024 Thursday 9:00 a.m.
The Board of Bourbon County Commissioners met in open session with all three Commissioners and the County Clerk present.
Anne Dare, Teri Hulsey, Jean Tucker, Shanda Stewart, Mark McCoy, Jason Silvers, Mike Wunderly, Tim Emerson, and Debra Shepard were present for some or all of the meeting.
Jim opened the meeting with the flag salute.
Clifton made a motion to approve the consent agenda which includes approval of minutes from 11/21/2024, approval of accounts payable totaling $350,068.23, approval of payroll totaling $315,166.08, and approval of October financials. Brandon seconded the motion and all approved.
Jennifer Hawkins, County Clerk, stated the caterer was available for a holiday dinner on December 17th and asked that we close the courthouse as we have done in the past to allow all employees to attend. Clifton made a motion to close the courthouse on December 17th from 11:00-1:00 for employees to attend a holiday dinner and that more than one Commissioner may be present, however; no county business will be conducted. Brandon seconded the motion and all approved.
Teri Hulsey, EMS Director, stated they received grants from The Patterson Foundation, The Wal-Mart Foundation, and The Fort Scott Area Community Foundation, as well as local donations from Labconco, Neice, Peerless Products, and Mid-Continental and are now able to purchase the PowerLoad cot system for the EMS 1 truck. Jim thanked Teri for all her hard work. Clifton said he received a call from a citizen who is concerned about where they can dispose of their sharps since Walgreens is closing. Clifton asked Teri what we do with ours and if we can accept them from citizens. Teri asked Clifton to let her confirm that they are able to do that she said they had partnered with the police department in the past and had a big box that they were dropped in.
Mark McCoy, with Bourbon County REDI, said he has been here three times requesting funding and he is respectfully requesting funding in the amount of $75,000 for services rendered. Mr. McCoy said this is well under the $130,000 that was originally set aside. Jim said he is not sure that we did set aside funds for REDI in 2024 and that he would have to ask the CFO. Jim asked if anybody from REDI is knocking on business doors trying to help businesses and sell properties? Mark said no they are not physically knocking on doors but Rob has showed 2 buildings and that the Valu-Merchandiser’s building is hard to sell as the seller is staying firm. Jim said his next meeting will be on the 19th and asked Mark or Rob to do a presentation of what they have accomplished the last several years. Mark said that they will be here to do that.
Jennifer Hawkins, County Clerk, said KCAMP has a Risk Avoidance Grant in the amount of $2000 that they county can apply for. The Sheriff’s Department was able to use $800 earlier this year to purchase fire extinguishers for their vehicles and Jennifer asked permission to work with the courthouse, public works, and EMS to determine who has purchased items that would qualify and to apply for the remaining amount of the Risk Avoidance Grant. The Commissioners agreed to let Jennifer work with other departments and apply for the remaining funds.
Clifton made a motion to amend the agenda to pass out the Emergency Department funding agreement. Brandon seconded the motion and all approved.
Clifton handed out the agreement and said it was basically the same with a few changes including the name has been changed to Freeman Fort Scott Hospital, Inc., the date has been changed from October 1 to December 5th, and that payment will be due within 10 days of signing the agreement. Clifton said the City of Fort Scott will still contribute $600,000 and Bourbon County will contribute $500,000. Clifton said there is a clawback stating in the event that the emergency department is not open or operational by 6-1-2025 Freeman will have to pay back the money in monthly payments. Clifton said the agreements states that Bourbon County will let Freeman use the equipment commencing 6-1-2025. Jim asked if part B item 3 should state 6-1-2025 instead of 4-1-2025 and Clifton said yes, and to change it on the agreement he has. The Commission accepted questions from the audience while Brandon read the agreement. Anne Dare asked Clifton to reread the section of the agreement and questioned why the date was changed from 4-1-2025 to 6-1-2025. Clifton said there was no reason given. Pete Owenby asked how much money is wrapped up in the hospital building now. Clifton said 2.5 million dollars plus the building and the land. Jim said you have to look at the building as we only had “x” amount of dollars to keep up the building and that the $2,000,000 came from federal funds and the funds given by Mercy. Clifton said the money was spent on the building and you can look through their expenditures. Jim said some people who originally wanted to tear the building down are happy that we did not because of all the work KRI has done. Clifton said Legacy is the reason KRI is here. Pete asked if we could have put the building up for bid. Clifton said we tried to give the building away to Freeman, KU Med, Saint Lukes, and even Mercy and they didn’t want it. Jim said he was contacted by KRI and he asked Justin Meeks to call Legacy. Clifton said that wasn’t true that he is the one that contacted Legacy and he was shown emails between Legacy and KRI. Shanda Stewart said that people are concerned with the time it has taken to try to close on the deal. Clifton made a motion to accept the emergency department funding agreement and to allow Chairman Harris to sign it. Brandon said it is a good contract that covers Bourbon County. Brandon seconded the motion and all approved.
Jim asked to amend the agenda to discuss the moratorium because the vote wasn’t recorded. Clifton seconded and all approved. Jim said he thought we voted on it but there was a lot of noise in the room and it was not recorded. Jim stated the County Counselor said we can rescind and back date to 10-31-2024. Jim made a motion to sign a resolution rescinding the moratorium on solar projects in Bourbon County and termination of prior agreements with Hinton Creek as so voted on 10-31-2024 and the counselor says we can redate this resolution to 10-31-2024. Clifton seconded the motion. Brandon opposed. The vote passed 2-1.
Clifton made a motion to adjourn the meeting at 9:27. Brandon seconded the motion and all approved.
THE BOARD OF COMMISSIONERS
OF BOURBON COUNTY, KANSAS
___________________, Chairman
___________________,Commissioner
ATTEST: ___________________,Commissioner
Jennifer Hawkins, Bourbon County Clerk
12-12-2024 Approved Date

At 1 p.m. Friday, December 13 a holiday wreath presentation ceremony will take place at the Uniontown Cemetery, east of the town on Maple Road, to honor the veterans buried there.
The Uniontown Ruritan has organized the ceremony, which will include a speaker and patriotic songs by the Uniontown High Band and the Uniontown High School Choir.
The names of every veteran buried in this cemetery will be read while the wreaths are placed on the graves.
“This is not affiliated with the Wreaths Across America program,” Mary Pemberton, Ruritan member said. “Because Uniontown Cemetery is not a national cemetery, we do not receive a price break on wreaths like the Fort Scott National Cemetery does. In consideration of citizen donations and cost-effectiveness, we decided to purchase decorated manufactured wreaths that can be reused for several years, rather than purchasing through the WAA program, which are live, one-time-use wreaths.”
“Matt Crystal from the Veterans of Foreign Wars will be the speaker,” said Mark Warren, a Ruritan member who is organizing the event. “The UHS band, choir, basketball, and National Honor Society will be assisting the Uniontown Ruritan in doing this.”
The public is invited.
CHAMBER ANNOUNCES CHRISTMAS LIGHT TROLLEY TOURS
The Fort Scott Area Chamber of Commerce is excited to announce that reservations are now being taken for the 2024 Dolly Hollyday Christmas Light Trolley Tours. The 50-minute tour is a fun outing for families, friends, or co-workers to see the most festive Christmas lights in Fort Scott.
Tours will run nightly from Thursday, December 12th through Monday, December 23rd. There will be two tours each evening at 5:45 and 7pm. There will be an additional 8:15pm tour if there is demand.
The cost of the Christmas Lights Trolley Tour is $8 for adults, $5 for children 12 and under, or the whole trolley may be booked for $125, seating up to twenty-two passengers. Those taking the tour are invited to arrive at the Chamber early for complimentary cookies, hot cocoa, and glow necklaces for the ride.
Contact the Fort Scott Area Chamber of Commerce for more information at 620-223-3566 or visit fortscott.com.

The Beacon, a local helping agency in Bourbon County, is still in need of people to adopt a family for Christmas buying.
“We had 112 families needing to be adopted this year and have 31 remaining,”Ashley Heathman, assistant director of the Beacon said. “These are all Beacon clients with children still in school.”
“The families I have remaining are three families with four children,
four families with three children, seven families with two children, and seventeen families with one child,”she said.
“A majority of the remaining children to be adopted are teenagers mixed in with a couple of younger children,” she said. “Those who would like to adopt would need to come into The Beacon between 9 am and 1 pm this week by Friday at close to adopt the families. The presents drop-off is on Dec. 18th and 19th at Community Christian Church between 9 am and 1 pm. The minimum spending limit per child is $40.00. Gifts need to be wrapped and tagged with the child’s name and family number provided on the papers given during the adoption process.”
“The Adopt-A-Family program is a project that The Beacon takes great pride in,” said Heathman in a prior interview. “We help local Bourbon County families bring Christmas to their homes. After the application is filled out, we make the families available for the public and organizations to come in and ‘adopt’. They then purchase gifts for the children and The Beacon puts together a rather large holiday meal package for the family. The children’s Christmas gifts are purchased, wrapped, and tagged with the family number and dropped off at Community Christian Church, where we sort into the proper family group.”
Those who want to adopt a family can come to The Beacon, 525 E. Sixth, on Monday, Tuesday, Wednesday, or Friday from 9 a.m. to 1 p.m. to pick the family they want to adopt or call 620-223-6869.
To view the prior feature:
PRESS RELEASE from Vance Eden, superintendent of USD235, Uniontown School District.
The USD 235 Board of Education approved a resolution Monday night to place a $1,250,000 bond election before voters during a special election held Tuesday, March 4. The board of education went back to the drawing board after voters rejected two propositions in the November 2023 election. This time around, the board of education reduced the scope of work and bond amount by 86 percent.
Following the election, the district surveyed its constituents to better understand its perspectives and priorities. In that feedback we heard that the cost of the previous bond question was too high, and many patrons felt the scope of work included items that were not truly a need. With that in mind, we have reduced the work to only include the three most pressing needs. In doing so, the district is able to present a bond issue to the public that would have a no mill increase to taxpayers.
The scope of work will include 3 projects. The largest expense will be for the replacement of the two modulars at West Bourbon Elementary School with one permanent structure that will house the preschool and small offices for school psychology and speech therapy services. The bond will also include the replacement of the antiquated fire alarm system at the high school and will renovate the main entrance at WBE to be ADA accessible, as well as more secure.
The following bond proposal below will appear on the ballot.
Shall the following be adopted?
Shall Unified School District No. 235, Bourbon County, Kansas (Uniontown), issue general obligation bonds in an amount not to exceed $1,250,000 to pay the costs to construct, furnish and equip: (a) replacement of the District’s Pre-K facility; (b) ADA and secure entry improvements at West Bourbon Elementary School; (c) fire alarm system improvements at the Uniontown Junior/Senior High School; and (d) all other necessary improvements related thereto (collectively the “Project”); and (e) to pay costs of issuance and interest on said general obligation bonds during construction of the Project; all pursuant to the provisions of K.S.A. 10‑101 et seq., K.S.A. 25‑2018(f), K.S.A. 72‑5457, and K.S.A. 72‑5458 et seq.?
The special election will take place on Tuesday, March 4, 2025.
Bourbon County Commission Meeting Dec. 5, 2024
(Due to technical difficulties with the meeting recording, the first 6 minutes of this meeting had no sound. Whatever was said at the beginning of that meeting is not in this article.)

Six citizens in attendance asked several questions about the future of the hospital building and the agreement that the county is making with Freeman to get an emergency room back in Fort Scott.
The commissioner read the agreement for emergency facility aloud in the meeting.
The agreement includes a deadline of opening a fully operational emergency room by June 1, 2025. If Freeman fails to meet the requirements of the agreement without “good cause,” all funds will be returned to the appropriate parties. The deadline for completion may be extended up to six month “for good cause,” but no further.
The commissioner state that the agreement keeps Bourbon County’s taxpayer dollars in Bourbon County.
He also mentioned that there is a separate agreement regarding sales tax that “comes later.”
Citizen asked why date changed from April 1 to June 1. No specific reason was given.
Another citizen asked how much money the county has invested in this. The commissioner responded: $2.5 million plus the building and land.
Other county commissioner acknowledged the discussion that has surrounded the county’s actions regarding the hospital, “was it the right decision, or a bad decision?” As a commissioner, his perspective was that we have “so many dollars in the hopper” and the county wasn’t collecting any rent and was paying all the expenses out of said hopper. He projected it would take about 30 months to use up the money in the hopper at the current rate. This would have led to the choice to either tearing the building down or “go after a lot of taxpayer dollars to keep it open.”
“Now that $2 million came from the federal government and Mercy Hospital.” he said. None of it was county tax dollars and there is documented accounting for all of it.
“It was a gamble,” admits commissioner, referring to the relationship with KRI Freeman, “but it worked. We got very fortunate.”
“Legacy is the reason KRI is here,” said another commissioner. “Let’s not forget everybody involved.”
When a citizen asked if the county could not have just sold the building, the commissioner responded, “we tried to give the building away, and no one would take it.” He listed several organizations and groups that the building was offered to before Legacy took over, including KU Medical, St. Luke’s, Freeman, and Mercy, as well as various developers.
“Legacy will fulfill what they said they would, and we’ll have an emergency room,” was his summarizing of the current situation.
In response to rumors that Legacy is holding up the sale of the old hospital building, the commissioner explained his conversation with the lawyer for Legacy in which the lawyer stated that Legacy has been in talks with KRI’s CFO for 2 months and that, “it seems to me everybody is doing everything they can to get that building transferred.”
Motion to accept agreement was unanimously accepted pending discussed changes.
Commissioners also reaffirmed a vote that had not been properly recorded in the Oct. 31 meeting to the effect of signing a resolution rescinding the moratorium on solar projects in Bourbon County and termination of prior agreements with Creek Solar (?) with an effective date of Oct. 31, 2024