9-1-2026 City Commission Minutes DRAFT

Fort Scott City Commission Meeting Minutes – September 1, 2026, 6:00 PM

• I. Call to Order – The meeting was called to order at 6:00 PM at City Hall, 123 S. Main Street, Fort Scott, Kansas. The meeting was streamed live on YouTube. Commissioners Matthew Wells, Tracy Dancer, Tim Van Hoecke, and Julie Buchta were present with Mayor Kathryn Salsbury.
• II. Pledge of Allegiance – Led by Mayor Salsbury. Invocation by Commissioner Wells.
• III. Approval of Agenda – Agenda was amended to include the Appearance of Stephen Mitchell for an IT update. Motion by Van Hoecke, seconded by Dancer. Motion Carried 5-0.
• IV. Consent Agenda – Motion by Van Hoecke, seconded by Dancer. Motion Carried 5-0.
  • A. Approval of Appropriation Ordinance 1415-A – Expense Approval Report – Payment Dates of August 13, 2026 – August 25, 2026: $496,968.67
  • B. Approval of Minutes: Regular Meeting of August 18, 2026
  • C. Request to Pay Earles Engineering & Inspection, LLC – Invoice #18780 – EEI Project No. 26-08 Topo Wall Street – Phase 3 – Survey Completed 100%: $20,000.00
  • D. Request to Pay Mid-Continental Restoration – Invoice #15415-01 – Wall Street Retaining Wall Repairs at approximately 1402 E. Wall St: $27,122.56
• V. Public Comment
  • Betty Breault – Addressed the Commission regarding homelessness, rental rates affecting seniors and disabled individuals on fixed incomes.
• VI. Appearances
  • Rachel Carpenter, Director of Human Resources & Community Development – Requested the Commission consider accepting the Transportation Alternatives Grant for a trail along Buck Run Creek and approving the required 20% local match. Fort Scott was one of 33 projects awarded statewide. Total participating cost: $1,813,560; grant award: $1,451,000; city match: $362,712. Project letting scheduled for February 2028; preliminary engineering may occur in 2027. Funding for the local match may come from the Federal Fund Exchange and the Special Parks and Recreation Fund.
  • Stephen Mitchell, IT – Provided an overview and update on a recent ransomware incident, its response, and future network security planning. The incident was identified and contained the previous Tuesday morning, limiting impacts to several non-critical machines at City Hall, the golf course, airport, and freshwater facility; public safety and SCADA systems remained unaffected due to network isolation. Approximately one week of data was lost on two machines; full operations were restored by Sunday. The suspected entry point was a phishing email; an antivirus software issue related to a Microsoft update was also identified and patched. In response, the City revamped its network to isolate individual sites, plans to increase OneDrive backup retention, and is evaluating a transition toward a zero-trust architecture, including potentially replacing local Active Directory with Microsoft Intune.
• VII. Unfinished Business
  • Consideration to Approve Mill Levy and Publication of Public Hearing on September 15, 2026 – Ben Hart (Baker Tilly) presented budget options for the public hearing on September 15, 2026. Both options proposed a mill levy of 42.551 mills vs. a revenue-neutral rate of 41.472 mills (achieving revenue neutrality would require approximately $57,000 in reductions). Option A included the sale of eight lake lots to pay down $7.9 million in debt, placing county dispatch reimbursement into a capital improvements fund. Option B excluded lake lot sales and used the dispatch reimbursement for regular annual debt service. Motion by Wells to eliminate the $38,976 general fund demolition budget for one year, reducing the tax levy by approximately one-half mill. Wells, Dancer, and Salsbury voted yes; Van Hoecke and Buchta voted no. Motion Carried 3-2.
  • Consideration of Ordinance No. 3801 – An Ordinance to Amend Municipal Code 5.08 – Alcoholic Liquor; 5.12 Cereal Malt Beverages and 5.14 Cereal Malt Beverages – Beer Gardens – First reading of proposed amendments conducted. Motion by Wells to table until the second meeting in September to allow the Commission more time to review. Motion Carried 5-0.
  • Status Update for 118 E. Wall – Discussion regarding acquisition. Owner requested either a cash settlement or a combination of cash and a tax credit. Commission declined to make a cash offer. The LLC that previously owned the building is no longer in existence; ownership has reverted to the individual owner. Motion by Wells to take the necessary legal and grant-related steps to obtain possession of the building to preserve the property. Motion Carried 5-0.
• VIII. New Business – Action Items
  • Consideration of Resolution No. 33-2026 – Alleged Unsafe and Dangerous Structure at 507 W. 18th Street – Leroy Kruger reported the owner had promised to begin demolition but has not followed through. Motion by Wells, seconded by Dancer. Motion Carried 5-0.
  • Consideration of Resolution No. 34-2026 – Alleged Unsafe and Dangerous Structure at 611 W. 5th Street – Kruger reported the property has changed hands multiple times; current owners agree demolition is needed but lack funds; numerous complaints regarding junk and disrepair. Motion by Van Hoecke, seconded by Dancer. Motion Carried 5-0.
  • Consideration of Resolution No. 35-2026 – Alleged Unsafe and Dangerous Structure at 735 S. Little – Kruger reported the property has changed hands multiple times; current owners agree demolition is needed but lack funds; numerous complaints regarding junk and disrepair. Motion by Van Hoecke, seconded by Wells. Motion Carried 5-0.
  • Consideration of Resolution No. 36-2026 – Alleged Unsafe and Dangerous Structure at 416 S. Barbee – Kruger reported the structure is gutted and fire damaged; plywood covering the front door has been compromised; property backs up to a grade school. Motion by Wells. Motion Carried 5-0.
  • Consideration of Resolution No. 37-2026 – Alleged Unsafe and Dangerous Structure at 418 S. Barbee – Kruger reported the structure is gutted and fire damaged. Motion by Van Hoecke, seconded by Dancer. Motion Carried 5-0.
  • Consideration of Resolution No. 38-2026 – Alleged Unsafe and Dangerous Structure at 108 N. Judson – Kruger reported the property has been under owner-finance contract, previously red-tagged, with severe roof damage and exposed openings posing a risk to adjacent houses. A motion to table (Wells) died for lack of a second. Motion by Van Hoecke, seconded by Dancer; Salsbury, Buchta, Van Hoecke, and Dancer voted yes; Wells voted no. Motion Carried 4-1.
  • Consideration to Appoint Cindy Bartelsmeyer to Current Vacancy of the Fort Scott Land Bank – Motion by Dancer, seconded by Buchta. Motion Carried 5-0.
  • Consideration to Accept Recommendation of Bid Award to Mid-Continental Restoration for Repairs to Memorial Hall – Bid totaled $538,000 (below the initial budget estimate of more than $700,000) for the Memorial Hall window and exterior restoration project; Mid-Continental Restoration was the sole bidder. The City’s required $184,000 match has already been funded. Award is subject to approval by the Kansas Department of Commerce. Motion by Buchta, seconded by Dancer. Motion Carried 5-0.
  • Discussion of CLG (Certified Local Government) – Discussion led by Buchta regarding historic preservation regulations under Ordinances 3782 and 3798, enforcement requirements, penalties, and the role of the CLG in coordinating with the State Historic Preservation Office (SHPO). The Commission discussed retaining the CLG while revising local guidelines to emphasize education, assistance, and preservation incentives. Motion by Van Hoecke to schedule a Work Session on September 15, 2026, at 5:00 PM (prior to the regular City Commission meeting) to revise the historic preservation ordinance. Motion Carried 5-0. The Fort Scott Historic Resource & Preservation Commission (FSHRPC) meeting is scheduled for Tuesday, September 22nd.
• IX. Reports and Comments
  • City Engineer: Davis Lift Station update; Wall Street Phase 3 update
  • City Attorney: Moody Building update
  • City Manager: Wall Street milling; Cape Seal starting; Homeless Alliance meeting September 9 at 5:30 PM
  • Commissioner Wells: Railroad spur approved; KDOT Hwy Maintenance status; Downtown enforcement
  • Commissioner Dancer: None
  • Commissioner Buchta: Comments on CLG Ordinance discussion
  • Commissioner Van Hoecke: Summer Jam success; Commissioners meet with City Manager weekly; Budget discussion comments
  • Commissioner/Mayor Salsbury: 2nd Street
• X. Executive Session – Motion by Van Hoecke to recess into Executive Session for the purpose of technology investment pursuant to K.S.A. 75-4319(b)(4) (financial affairs or trade secrets exception), with the five Commissioners, City Manager, and City Attorney present. Open meeting resumed at 9:37 PM. Motion by Van Hoecke to come out of Executive Session without action, seconded by Dancer. Motion Carried 5-0.
• XI. Adjourn – Motion by Van Hoecke, seconded by Salsbury. Meeting adjourned at 9:33 PM.

The City of Fort Scott was hit by a ransomware attack in late August and had its systems back within six days, IT Director Stephen Mitchell told the city commission Sept. 1. In the same four-hour meeting, commissioners voted 3-2 to strip the 2027 demolition budget to lower the mill levy and agreed to rewrite a historic-preservation ordinance that carries heavy penalties for downtown property owners.

Mayor Kathryn Salsbury presided, with commissioners Matthew Wells, Tracy Dancer, Julie Buchta and Tim Van Hoecke present. City Clerk Lisa Lewis called the roll. The commission approved the agenda as amended — adding the IT update and folding the mill-levy choice into unfinished business — and approved the consent agenda. On the latter, Matkin flagged the Mid-Continental Restoration contract for Wall Street retaining-wall repairs, telling commissioners the city will get the money back from FEMA; asked by Salsbury whether that covered the entire amount, he indicated it did (video, 30:09).

“Wasn’t something we wanted to do in six days”

Mitchell handed commissioners a written synopsis and timeline before walking them through the attack, which he said was detected about 7:45 a.m. on Tuesday (video, 39:15). He said he isolated the affected machine, shut down City Hall and the core network, and verified public-safety systems were functional before restoring anything else.

Part of what made it worse, Mitchell said, was a coincidental Microsoft bug that crashed the city’s antivirus and let it restart, leaving some machines partially infected. Microsoft acknowledged the flaw and released a patch the same day; once applied, the antivirus came back and began functioning (video, 40:38). He described the malware as “a pretty sophisticated little crypto virus.”

The city was running again within six days, after the IT team worked in 12- and 18-hour shifts, losing about a week of data on two machines that were backed up to OneDrive (video, 42:45). Mitchell said he used the outage to rebuild what had been a flat legacy network into segments isolated site-by-site, and recommended the city move toward a zero-trust, cloud-first architecture.

“Cities and school districts right now, local governments, are all being heavily targeted for ransomware,” Mitchell said (video, 43:43). Commissioners contrasted the six-day turnaround with the multi-week recoveries common at other municipalities, and credited having the work done locally.

Commission cuts demolition money in 3-2 vote to trim the levy

Budget consultant Ben Hart of Baker Tilly, which handles the city’s finance function, asked commissioners to approve one of two versions of the 2027 budget for publication, against a hard deadline: the notice had to be in the newspaper’s hands Thursday to publish Saturday ahead of a budget hearing on the 15th (video, 46:54). Option A assumed selling eight lake lots and using the proceeds to pay down $7.9 million in debt inside the general fund. Option B dropped the lot sales and instead deposited the county’s dispatch reimbursement into the general fund to cover the 2027 debt service, routing the lake-lot question to a capital improvements fund for the commission to allocate later.

Hart told commissioners the revenue-neutral rate is 41.472 mills and the proposed rate is 42.551 — virtually identical to the current year’s levy (video, 49:53). Tracy Dancer pressed on why neither budget option before the commission held the line at revenue neutral (video, 49:38), saying the commission had authorized exceeding the revenue-neutral rate earlier in the year only to preserve flexibility, and that no revenue-neutral plan was ever brought back.

“That’s the kind of conversation we had three work sessions ago, and the very questions we were asking, Commissioner, is where do you want to go with this budget? And that’s exactly where we needed to hear that. At this point, we’ve got two days to get this into publication,” responded Hart. He went on to say that the budget hearing is not the equivalent of adopting a budget and he is open to having a fourth workshop to discuss a revenue neutral budget – “Just understand that this going to involve people, not things,” he said.

Wells moved to eliminate the 2027 demolition budget — $38,977 — for one year, lowering the levy by roughly half a mill. Dancer seconded, saying it was “the only thing that reduces this across the board” (video, 1:00:24). It passed 3-2, with Wells, Dancer and Salsbury in favor and Van Hoecke and Buchta opposed.

Hart confirmed the effect: there will be zero money for demolition in the general fund in 2027, and the levy drops by the equivalent amount, for one year (video, 1:01:18). Van Hoecke had argued against the cut on the grounds that lowering the levy guarantees nothing. At the last work session, he said, property taxes owed stood at $2.5 million, and the county has spent $30,000 simply to publish the delinquency list the requisite three printings, with the same names appearing repeatedly (video, 55:55). “We can lower it, but is that a guarantee?” he asked, warning that a cut this year could force a significant increase next year. He acknowledged some property owners genuinely cannot pay their taxes.

Van Hoecke also asked what happens if the city faces an unsafe property with no demolition money. Commissioners said they would have to reconvene and find the funds.

Moments later City Manager Brad Matkin noted the sum was not a pure demolition line: “That’s his wages right there,” he said, referring to the city’s newly added codes officer (video, 1:02:24). Salsbury replied that she had understood it to be the demolition budget and “was not told that was the codes officer’s budget.” In the commissioner comments portion of the meeting, Wells said that he had understood that line item to be for demolition only, not a salaried position for the codes office.

“We’ll make it work,” responded Matkin.

Historic-district ordinance headed back to a work session

The longest stretch of the meeting was a dispute over ordinance 3782 and the city’s Certified Local Government status. Buchta delivered an extended presentation arguing that the ordinance’s enforcement clause — a Class B misdemeanor carrying up to a $1,000 fine, up to six months in jail, and a separate offense for each period of violation — was being read as authority for full enforcement across the downtown historic district (video, 1:20:49).

Several downtown owners objected to the prospect of fines or jail over building maintenance. Lindsay Madison, president and CEO of the Fort Scott Area Chamber of Commerce and director of its Main Street program, and Kathy Dancer, who leads the city’s historic preservation commission, defended the CLG program’s benefits — faster local approvals, access to tax credits and grant eligibility — while agreeing the enforcement language should be revised and that owners need better education.

Kathy Dancer also told the room she had not been told the discussion was happening: “I am the lead of the Historic Preservation Commission and Resource Commission here in town. I was not notified that this conversation was happening” (video, 2:22:24).

“Enforcement is the city’s job. If codes wants to enforce, let them enforce. If they don’t want to enforce, then that’s on them. But be aware that if you choose not to enforce when the state SHPO [State Historic Preservation Office] comes and does their audit of the CLG, we won’t qualify for CLG status, which is fine if that’s the decision this commission makes. However, keep in mind that absolutely 100% jeopardizes your ability to get grants and tax credits,” said Kathy Dancer of the benefits of becoming a CLG and the need to enforce codes in order to do that. “Historic tax credits are the most valuable of tax credits out there.”

Commissioners established that the ordinance posted online is not the version actually adopted, and that codes officer Leroy Kruger cannot enforce design guidelines that have not been adopted. Wells said only two properties he knew of would be affected, on the grounds that the rules would reach only work done since the CLG was established; Buchta immediately disputed that, saying it was not her understanding and that no list of who had been grandfathered in was ever provided. Kruger said he felt unfairly blamed. Van Hoecke moved that the commission hold a work session at 5 p.m. before its next meeting to rewrite the ordinance, with the penalty aimed at demolition by neglect — the fate of the Moody Building and the lost Eagle Block (video, 2:55:29). The motion passed.

$1.45 million trail grant accepted

Rachel Carpenter, director of human resources and community development, reported the city had won a Transportation Alternatives Grant for a Buck Run Creek trail: $1,451,000 awarded toward a roughly $1.8 million project, requiring a $362,712 local match (video, 34:13). Matkin said the match could be met through the city’s annual federal fund exchange, worth roughly $94,000 to $98,000 a year, plus a special parks and recreation fund. Buchta moved to accept the grant and the 20% match, and it passed (video, 38:13).

Other business

In public comment, Betty Brough urged the commission to act on homelessness, asking for outhouses, showers, laundry, safe fire pits, shelter and affordable senior housing near the Second Street camp (video, 30:41). Matkin later announced a Homeless Alliance meeting set for Sept. 9 at 5:30 p.m.

On 118 E. Wall, Matkin said the owner still wants a cash settlement the city is not offering, and recommended pursuing grants now rather than waiting — warning of “an Eagle Block issue coming up” (video, 1:04:44). The commission voted to do what is legally and financially possible to take possession of the building, without a cash offer. City Attorney Bob Farmer separately reported the owner of the Moody Building intends to quitclaim it to the city (video, 3:13:04).

The commission passed six resolutions setting hearings on allegedly unsafe structures at 507 W. 18th St., 611 W. Fifth St., 735 S. Little, 416 S. Barbee, 418 S. Barbee and 108 N. Judson. A motion to table the Judson resolution to reach the actual owner failed before the resolution itself passed.

Cindy Bartelsmeyer was appointed to a vacancy on the Fort Scott Land Bank (video, 1:17:16). City Engineer Jason Dickman reported a single bid for window and exterior restoration at Memorial Hall, from Mid-Continental Restoration, at about $530,000 against a budget near $700,000; the commission accepted it, subject to Department of Commerce approval (video, 1:18:48).

Ordinance 3801, amending the city’s alcohol and cereal malt beverage code, was tabled to the second September meeting after commissioners said they received the extensive draft only the day before (video, 1:04:25). Van Hoecke also relayed that Bourbon County had entered a two-week burn ban (video, 3:48:10).

Salsbury closed with pointed remarks tying local homelessness to defunded mental health care and Medicaid decisions rather than a lack of city effort. Several commissioners commended Matkin for the decision to move the homeless to Second Street as a sensible solution.

The commission then recessed into executive session on a technology investment, citing the financial affairs and trade secrets exception at K.S.A. 75-4319(b)(4) (video, 3:49:19), returned with no action and adjourned.