The Fort Scott Police Department Daily Reports May 13-16
Two Winning Hands By Carolyn Tucker

Keys to the Kingdom by Carolyn Tucker
You can stick in the corner of my eye what I know about playing cards. Although I have three decks of cards in my possession, it’s only because each card has a different photo of Elvis on the back. Old Maid was the only card game in my childhood home! All I know about playing cards is what I’ve seen on Western movies and heard from Kenny Rogers’ hit song, “The Gambler.” I think you’re supposed to have a holstered Hogleg tied to your thigh just in case there‘s any cheatin’ goin’ on. I could never play Poker because I don’t have the essential “poker face,” plus I wouldn’t know a winning hand from a losing hand even if it slapped me in the face.
But on the other hand, if you’re gonna play the game of life, you gotta learn to play it right. That’s where Jesus comes onto the scene in John 3:16: “For God so loved the world that He gave His only begotten Son, that whoever believes in Him should not perish but have everlasting life.” I’m grateful for the word “whoever” because it’s all inclusive. No one can be cut out of eternal life except the player who refuses to believe in Jesus. Our choice determines our destiny, so choose wisely. “Choose for yourselves this day whom you will serve. But as for me and my house, we will serve the Lord” (Joshua 24:15 NKJV).
Righteousness is God’s gift to all the “whoevers” from the beginning to the end of time. As with any gift, we have the free will to take it or pass on it. Everyone has the responsibility to choose and the power to act without being forced. Righteousness is freely given to anyone who truly believes in what God did for him/her through Christ Jesus. [“Righteousness, standing acceptable to God] will be granted and credited to us also who believe in (trust in, adhere to, and rely on) God, Who raised Jesus our Lord from the dead” (Romans 4:24 AMP).
In 1982, The Hinsons released their hit song, “Two Winning Hands” written by Ronny Hinson. Partial lyrics from this “sermon set to music” speak for themselves: “Don’t gamble on life with all your luck and your skill. ’Cause you can’t play the cards that death’s gonna deal. The Bible has planned who the loser is gonna be. Ain’t but two winning hands and they were nailed to a tree. That same Jesus you’ve heard of can take a black heart without love, wash it in red blood and make it whiter than snow.”
The stakes are too high to gamble on your eternal destiny. Don’t place a bet with the devil thinking you can run your own life successfully. “Be alert, be on watch! Your enemy, the devil, roams around like a roaring lion looking for someone to devour” (1 Peter 5:8 GNT). The devil is the master deceiver who knows how to bluff his weak hand. He’s been tricking mankind into believing God’s Word isn’t true ever since the Garden of Eden. Don’t be a loser and fall for Satan‘s lies. Choose to be a winner with the King on your side.
The problem with unstable people is that they’re apt to fold. But grounded believers place their confidence in Christ to keep a victory hold.
The Key: Put your hand in the hand of the One who will never lose.
Successful Small Towns by Gregg Motley

James Fallows, a freelance writer, became curious about the demise of small towns; so, in 2016, he and his wife flew a small plane 54,000 miles around America to find out the common factors of cities that are succeeding despite the trends. They found 11 common characteristics; here is my summary of their findings:
- Politics
Divisive national politics don’t rule the atmosphere. Yes, people are aware of what is going on, and they are involved, but it does not saturate every relationship. The focus is on local initiatives to address practical problems.
- Local Patriots
Who makes this town go? When interviewed, the same names were on the lips of the citizens. It could have been a business owner, a politician, a radio personality, and/or a newspaper columnist, but everyone knew who they were, and understood the influence they have on the community.
- Effective Public/Private Partnerships
When the motivation for public good found in government efficiently bonds with the incentives for effective efforts found in the private sector, good things happen. In successful cities, citizens could identify and explain one or more effective public/private partnerships.
- Know the Civic Story
“Those who forget the past are doomed to repeat it.” People who live in the more successful towns know their history, which gives the community a sense of connection and commonality that is invaluable and a springboard into the future.
- Downtown
Many forces have driven economic activity away from these civic centers, but successful cities have launched revival projects to reclaim their past, creating a sense of vibrancy not found in communities with dilapidated historical districts.
- Research University Nearby
Another way to think about this is ANY kind of Federal government spending in the area. Also, a research university draws academics and young people.
- They Support a Community College
A community college is a wonderful and effective bridge to a better future for our young people. Great towns support them.
- They Have Above-average Schools
If the citizens feel good about the public/private schools in their community, it shows through. We have to invest in education, and stay involved after our children are grown.
- They are Open
The only growth that is occurring in small town America is through migration and immigration. Whether new people are born in a big city, a foreign country, or across the state line, successful communities welcome everyone. Don’t be offended by a regional accent or a foreign language; rather, use it as a conversational bridge.
- They Have Big Plans
Healthy growth in small towns is seldom an accident. Effective civic planning creates a vision that most people in the community can get excited about and embrace.
- Craft Breweries
This may be the most reliable marker of a successful town. Why? Maybe it indicates that the community incubates creative and gutsy entrepreneurs. It also gives people a place to gather.
The great news for Fort Scott is that we check most of these boxes. I am confident that we can make progress on most, if not all, of these fronts. Let’s create a vision of success together.
Bass Tournament and Beer Garden May 29

Butch Hall was a 2000 Uniontown High School graduate, who was killed in Afganistan in 2004.
His family and friends are hosting a pond hopping bass tournament in his honor that not only supports our small community, but will also raise money for a newly founded charity called the Bourbon County Angels.
In 2020, the Angels helped over 75 Bourbon County families put gifts under the Christmas tree.
Sponsors are listed on the flyer and the t-shirts.
T-shirts are available to purchase online until and including the day of the event.
The event will be located at Union Station, Uniontown’s convenience store, where they will be hosting a beer garden.
They have also purchased pork from Bronson Locker that will be smoked by Chuck Weyant and served on the day of the event.
All proceeds from the pulled pork sandwiches will go to the Bourbon County Angels along with 50% of the tournament registration fees.
Tournament participants must check-in at 6:00 am at Union Station and return for the weigh-in at 3:00 pm.
Limit of 3 people per team.
$20 per person to enter. All ages welcome.
Biggest bass and heaviest stringer per team. There will also be a $5 big bass pot.
Fish must be alive at weigh-in.
Butch’s family has donated individual trophies for 1st, 2nd, and 3rd place teams and one for the biggest bass.
Donated prize drawings will be held after the weigh-in. Find the latest information on the Facebook event page Butch Hall Memorial Fishing Tournament.
Submitted by Sara Roufs
FSCC Minutes of April 19
FORT SCOTT COMMUNITY COLLEGE
Minutes of the Board of Trustees Meeting
April 19, 2021
PRESENT: John Bartelsmeyer, Dave Elliott, Kirk Hart, Bill Meyer, and Robert Nelson
ALSO PRESENT: Alysia Johnston, President, Juley McDaniel, Board Clerk, faculty, and staff
Chairman Bartelsmeyer called the meeting to order at 5:32 pm in Cleaver-Burris-Boileau Hall. The meeting was opened
with the Pledge of Allegiance.
CONSENT AGENDA: A motion was made by Elliott, seconded by Hart, and carried by unanimous vote to approve the
consent agenda.
ACTION/DISCUSSION ITEMS:
A. A motion was made by Nelson, seconded by Elliott, and carried by unanimous vote to approve Design Mechanical
as the HVAC and boiler system provider.
B. A motion was made by Meyer, seconded by Hart, and carried by unanimous vote to approve the intent to transfer
land on the Burke Street Campus to Mary Queen of Angels Church.
C. A motion was made by Meyer, seconded by Nelson, and carried by unanimous vote to approve the proposal from
AVI for the Fine Arts Center Theater audio/visual refresh.
ITEMS FOR REVIEW: The Board reviewed letters of correspondence.
REPORTS:
A. ADMINISTRATIVE UPDATES: The Board reviewed and heard reports from the Gordon Parks Museum,
Student Services, Athletics, Instruction, Finance and Operations, and the President.
EXECUTIVE SESSION: A motion was made by Elliott, seconded by Hart, and carried by unanimous vote to adjourn to
executive session for 15 minutes beginning at 6:11 pm for the purpose of discussing non-elected personnel in regards to
administrative contracts, emeritus status, and hazard pay with action expected to follow.
OPEN SESSION: A motion was made at 6:26 by Nelson, seconded by Elliott, and carried by unanimous vote to return to
open session.
A motion was made by Meyer, seconded by Elliott, and carried by unanimous vote to approve the administrative contracts
for Alysia Johnston, Adam Borth, Julie Eichenberger, Janet Fancher, and Tom Havron.
A motion was made by Nelson, seconded by Meyer, and carried by unanimous vote to approve emeritus staff status to
Harold Hicks.
Chairman Bartelsmeyer stated that hazard pay will be provided to current employees who were not remote during the fall
2020 and/or spring 2021 semesters for playing a critical role in allowing the college to remain face to face during the
COVID-19 pandemic.
More information about the payment will come from college administration via email.
ADJOURNMENT: There being no further business to come before the Trustees, a motion to adjourn was made at 6:30
p.m. by Meyer, seconded by Hart, and carried by unanimous vote.
Chairman Clerk
6
Bourbon County Commission Minutes of May 4
May 4, 2021 Tuesday 9:00 am
The Bourbon County Commission met in open session with all three Commissioners, the County Counselor and the County Clerk present.
Also present were the following; Jason Silvers with the Fort Scott Tribune, Nancy Van Etten, Mr. & Mrs. Clint Walker, Mark McCoy, Michael Hoyt and Anne Dare.
Jim made a motion to approve the minutes from last week’s meeting, Clifton seconded and all approved and signed the minutes.
Eric Bailey presented an access entrance permit for Dakota Hall at 1068 230th, Lynne made a motion to approve the permit, Clifton seconded and all approved.
Eric presented a permit from CrawKan from 2020; he asked if the Commissioners wanted to approve it or not, he said it wasn’t signed off on at that time, he said that Justin Meeks had reviewed the permit. Justin said that CrawKan did authorize this last year, he said he thought the Commissioners should retro-actively sign this, Eric said that CrawKan is getting a new permit, Justin said that Craw-Kan did sign the permit so it is binding. Susan questioned if there was a bond for this work; Eric said there was supposed to have been; Jim said they never asked anyone for a bond and said this was never enforced. Justin said it is important to do these things in the future. Eric asked the Commissioners if they wanted to continue with the permitting process; Jim said yes.
Justin Meeks discussed the bridge that was shut down in 2012 at 35th & Yellowstone; he said the County doesn’t have band-aid money for the bridge. He said the bridge can’t handle weight and said there are 11 other bridges in the County like this. He said he, Shane Walker and Eric Bailey will meet with landowners near the bridge. Lynne later said one landowner owns both sides of the road by the bridge and said the landowner could petition to close the road.
Eric said a patron reached out to him asking to borrow a bump sign for a week; Justin said the County would like to loan items but doesn’t want to set a precedent on loaning items. He said the County could make and sell this person a sign but said he didn’t think the County should let anyone borrow items. All the Commissioners did not want to loan the sign out.
Eric said this year to date the County has billed $7,550.92 for permits (culverts, utility, oversized weight permits, etc.).
Eric said they did get gravel on the road at 120th & 3 Highway. He said they picked up brush and limbs at the Fort Scott Lake. They plan to do asphalt patching this week on 130th as well as near Elm Creek Lake. He said they have an ad in the paper for help wanted for the asphalt crew. Eric said the fence around the new cell tower should be done today.
Eric said they received the John Deere skid steer back and said most of the repairs were under warranty. He said the motor went out of the 1997 bridge truck and said he received an estimate of $16,736 to fix this; he said it was purchased for approximately $31,023. He found a truck in Jackson, Mississippi to pull the low boy trailer, but said the 2015 for $39,000 has high mileage. Eric said he has looked locally for a replacement, but hasn’t found one. Jim said the County may have to pay a little more to get one with less miles. Eric said the John Deere with the side arm mower is in the shop for repairs.
Eric said on Wednesday he will be going to Linn County to meet with Jackie Messer to review their County software and to discuss grants and training.
Jayhawk Wind update: Eric said they were going to finish capping the roads today, but said the rain has delayed this. Jim asked where they bought their rock from; Eric said he wasn’t sure.
Eric and Jim Harris will be attending a meeting on Thursday with T&C Wildlife about their road.
The Commissioners received a Real Property Relief Application for Douglas and Debra Biernacki at 2326 Jayhawk Road, the home was destroyed by a fire on 2/10/2021. Clifton made a motion to approve the application, Jim seconded and all approved and signed the application.
Jesse Pohlmann met with the Commissioners via telephone regarding a noise ordinance for a shooting range located west of 69 Highway on 54 Highway. He said he understood this was a business, but said they are shooting here later at night. Justin Meeks said there are civil remedies for this and said there could be criminal remedy. Justin said he hadn’t looked to see if the County had a sound ordinance. Justin said the City of Fort Scott has ordinances and said this would be located within three miles of the City. Lynne asked Justin to look at the noise side of this, Justin said he would consult Mr. Farmer about this. The Commissioners will discuss this again on May 18th.
The Commissioners took a 10-minute break.
Justin Meeks discussed the tax sale; he said the County is receiving return receipts back. He said some people on the tax sale list are wanting to make sure their back taxes are paid. He said homes are selling in Bourbon County so the title company is busy.
Justin said he went to Redfield to view the housing development there regarding septic tanks; he said a septic tank isn’t doable for 3 of the parcels, since the smallest parcel the County has granted a variance for is .85 of an acre and said some of these lots are smaller than this. Justin said he will contact the attorney for Redfield. Jim questioned if a lagoon would be possible for these landowners; Justin said lagoons have to be maintained.
Justin said previously the Commissioners went into an executive session for acquisition for real property; he said he is still in negotiations with an individual, but said he is still working on a multi-use parking lot.
Susan Bancroft said the 2020 audit is scheduled for the week of May 10th. She said once this is completed, they will start talking about the 2022 budget.
Public Comment: Nancy Van Etten a resident of 764 195th met with the Commissioners, she said the Commissioners have talked about having work sessions for bridges and roads and said they needed to let the public have input on these subjects. She asked for an update on the sewer district interlocal agreement; Justin said he talked to Mr. Farmer last week and said he is working on this, Justin said he could get an update from him this week. Nancy said others are wanting to build in the area and will need an answer on this issue. Nancy invited everyone to attend the National Day of Prayer on Thursday.
Michael Hoyt said he wanted to give a shout out to Clifton since he objected last week to having a consultant for insurance; he said we didn’t need a consultant to tell us what we should do or what we should’ve done, he said there are a lot of resources in the Community. He said he gave the Commissioners information about advisory boards and said anything he would do with this issue would involve the voters and said he would get the citizens involved.
Anne Dare said she was surprised they were going to discuss zoning today, since the date of May 10th had been put out to discuss this; she questioned if this discussion was put out to the public. Clifton said this wasn’t a one and done discussion for zoning, he said they are a Commission that doesn’t work that way and said they try to do their research. He said he didn’t know of a lot of spot decisions made in the past.
Commissioner Comment: Jim said the Commissioners voted last week to remove the mask mandate, but said people needed to wear masks inside at the Transfer Station since there is an employee there with health issues that can’t be vaccinated. Justin said if the employee has requested this, the County needed to accommodate the employee, Jim said the employee requested others in the building wear a mask, Justin said the County can request this, but said the problem is enforcing this. Clifton suggested putting a sign up that said due to medical reasons, please wear a mask, Justin said this was reasonable. Eric Bailey said there was no reason anyone else needed to enter the building.
Lynne announced that the new Economic Development Director @ BWERKS would start May 10th and would be located on the 2nd floor at the Landmark Bank.
Jim said a citizen called him and wanted to meet; he said he would meet with this person, but would not be meeting as a Commissioner.
County zoning discussion: Lynne had previously asked Justin to look at zoning. Justin gave the Commissioner information regarding land use and development from the KAC website; he also gave them statutes to review (he said KSA 12-755, KSA 12-558, KSA 12-553-558 addresses zoning). Justin said implementing zoning is not an easy process. Justin said zoning is about land use, but said they can’t limit agricultural use. He said in order to get zoning started they could have a planning commission, could put the issue on the ballot or the Commissioners could implement zoning in the County. He said there are already Federal laws in place that limit some issues, (F.A.A., hog farming, rock quarries, etc.). Justin said there are both advantages and disadvantages to zoning. He said some people have moved to this County because we aren’t zoned and they want to use their properties as they see fit. He said code issues are different than zoning issues and said religion could become a part of zoning in Bourbon County. He said the flood plain issue controls a large portion of our County and said people have to have permits to build in a flood plain; Michael Hoyt said there are remedies for building in a flood plain. Justin said there is a fine line between growth and limiting it from happening. Clifton said he didn’t feel it was his responsibility to tell someone how to build a house. Jim Harris said codes are for people’s protection, but said they are very hard to enforce. Hoyt questioned if the ADM pipeline to the water treatment plant was permitted; Justin said he wasn’t sure, he said this was before his time and across the State line. Jim said he would be surprised if residents would want County-wide zoning, he said his goal as a Commissioner is that he wants people to fill out a special use permit so that the Commissioners can review the permits. Jim said that Lynne previously said the Commissioners couldn’t stop the windfarm if they wanted to, Justin said they couldn’t because the County wasn’t zoned. Justin said some things at the Windfarm were controlled by the next step up, (animals, F.A.A.), he said they have created some defacto zoning for the windfarm with setbacks. Lynne asked if we were going to target one industry, Justin said possibly yes and possibly no. Jim said none of them wanted to tell someone what to do with their property. Lynne said without the intervention of the public on the Windfarms we wouldn’t have gotten the contract we did. Justin said there was no way to stop an individual who signed a contract from building a structure on their property. Jim said his goal is to have an advisory committee and not just for windfarms, he said we needed to develop guidelines. Lora Holdridge said she grew up in the Country, but now lives in the City, she said she didn’t think they should be able to tell people living in the County what to do; she said the County needed to let every Bourbon County citizen know this discussion was going on. Justin said this is just a starting point and an open discussion. Jim said his goal is to make sure a tower isn’t built too close to a house. Justin said the southwest part of the County has restricted use regarding towers. Lynne said when they said they couldn’t stop the windfarm, they couldn’t stop it; Anne Dare questioned where is the line? She said we have got to look forward and said otherwise the Federal government will tell us what we are going to do with our own land. Justin said the next step is to have public hearings or to review statutes. Justin said local government can’t supersede a Federal statute. Clifton said he felt they needed to involve the public in this matter.
Lynne said they needed to have work sessions for hard surface roads, Jim said the County needed to plan for the future and for future expenses.
At 11:34, Jim made a motion to adjourn, Clifton seconded and all approved.
THE BOARD OF COMMISSIONERS
OF BOURBON COUNTY, KANSAS
(ss) Lynne Oharah, Chairman
(ss) Jim Harris, Commissioner
(ss) Clifton Beth, Commissioner
ATTEST:
Kendell Mason, Bourbon County Clerk
May 11, 2021, Approved Date
Bourbon County Commission Agenda For May 18
Agenda
Bourbon County Commission Room
1st Floor, County Courthouse
210 S. National Avenue
Fort Scott, KS 66701
Tuesdays starting at 9:00
Date: May 18, 2021
Date: May 18, 2021
1st District-Lynne Oharah Minutes: Approved: _______________
2nd District–Jim Harris Corrected: _______________________
3rd District-Clifton Beth Adjourned at: _______________
County Clerk-Kendell Mason
MEETING WILL BE HELD IN THE COMMISSION ROOM.
Call to Order
- Flag Salute
- Approval of Minutes from previous meeting
- Eric Bailey – Road and Bridge Report
- Noise Complaint for Shooting Range
- Rachel Pruitt – Property Tax Relief Program for Business Retention
- Sewer District – 2012A & 2012B Call for Redemption
- Rebecca Williams – Bronson Ballfield
- Elected Officials Comment
- County Counselor Comment
- Susan Bancroft, Finance Director
- Public Comment
- Commission Comment
Hot Wok Dine-In Open
Agenda For FS Commission on May 18
NOTICE OF AND AGENDA FOR
MEETING OF
FORT SCOTT CITY COMMISSION
CITY HALL
CITY COMMISSION MEETING ROOM
123 SOUTH MAIN STREET
MAY 18, 2021
6:00 P.M.
Call to Order
-
Roll Call:
K. Allen P. Allen R. Nichols L. Watts J. Jones
II. Flag Salute:
-
Invocation: Led by: (To be Announced)
-
Approval of Agenda:
-
Proclamations/Recognitions:
-
Consent Agenda:
-
Approval of minutes of the regular meeting of May 4th, 2021 and section of amended minutes on April 6th, 2021 under public comment.
-
Approval of Appropriation Ordinance 1288-A totaling $306,502.08 .
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Parade Permit – Good Ol’ Days Parade – June 4, 2021.
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Certificate of Appropriateness – Signage at 18 N. Main Street – Barbed Wire & Roses Vintage Market
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Request to Pay – Bourbon County Clerk – $0.5% Sales Tax Election Costs – $7,853.60.
-
HDR Engineering, Inc – Phase II Dam Improvements Engineering – $38,132.50
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Request to Pay – Allgeier, Martin & Assoc – Water Clarifier Painting Project Engineering – $4,318.00
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Request to Pay – Southeast Kansas Regional Planning Commission – $10,000 – Mayco Ace Project – Administrative Fee
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Request to Pay #1 – Triangle Builders, LLC – Mayco Ace Project – $53,200
-
April financials
-
Public Comment:
(Sign up required. Comments on any topic not on agenda and limited to five (5) minutes per person, at Commission discretion)
-
City Manager Reports and Comments:
-
Director Reports:
Allyson Turvey & Rachel Pruitt
Susan Bancroft – Sales Tax History
-
Old Business:
-
Skating Rink discussion and approval of operational plans
-
Appearances:
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Public Hearings – 6:15 p.m. Vacation of the platted 70’ of Durkee Street located between Lots 1-28, Block 2, and Lots 2-28, Block 4, Durkee & Stout Addition – Approval of Ordinance No. 3579 and Easement
-
New Business:
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Discussion of replat of Elm Street which intersects National Avenue
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Consideration and approval of St. Martin’s Academy Sewer Service Agreement
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Ordinance authorizing the City of Fort Scott, Kansas to issue Taxable Industrial Revenue Bonds (Fort Scott Lofts, LLC Project), Series 2021, in a principal amount not to exceed $5,819,785 for the purpose of providing funds to pay the cost of acquiring, constructing, renovating and equipping a commercial facility; Authorizing the City to enter into certain documents and actions in connection with the issuance of said bonds (Sales Tax Exemption only)
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Consideration of Fort Scott Public Library Board Member Appointment
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Consideration of Donation of Ford Crown Victoria to Bourbon County Public Works
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Discussion of caretaker house at Gunn Park
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Engineering Agreement Contract – Earles Engineering – WWTP
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Consideration of Sanitary Sewer Improvements to Re-Route Manhole 148 located in Mulberry Street between Shute Street and Mineral Street Engineering Agreement – Earles Engineering
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Consideration and award of Airport Hay Bid for 2021 – 130 acres
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Consideration and award of bid – Water Clarifier No. 1 Painting
XII. Reports and Comments:
B. Commissioners Reports and Comments:
C. City Attorney Reports and Comments:
XIII. Executive Session – If requested, (please follow script in all motions for Executive Sessions)
XIV. Adjournment:
FSCC Trustees Meeting Agenda for May 17
The Board of Trustees of Fort Scott Community College will meet in regular session on Monday,
May 17, 2021. The meeting will be held in Cleaver-Burris-Boileau Hall at Fort Scott
Community College.
5:30 p.m. Dinner at 5:00 followed by regular board meeting at 5:30 p.m.
THE AGENDA
5:30 ROLL CALL, 3
PLEDGE OF ALLEGIANCE
CALL TO ORDER, 4
A. Comments from the Chair, 4
CONSENT AGENDA, 5
A. Approval of Agenda, 5
B. Approval of Minutes of previous Regular Board Meeting conducted on April 19, 2021, 6
C. Approval of Treasurer’s Report, Bills, and Claims, 7
D. Approval of Personnel Actions, 5
ACTION/DISCUSSION ITEMS, 56
A. Open Discussion Regarding COVID Mitigation, 56
B. Consideration of Zoom Room Equipment Purchase, 57
C. Approval of Mini Excavator Purchase, 63
ITEMS FOR REVIEW, 69
REPORTS, 71
A. Administrative Updates, 71
EXECUTIVE SESSION, 83
ADJOURNMENT, 84
1
UPCOMING CALENDAR DATES:
• May 17, 2021: Board Meeting
• June 21, 2021: Board Meeting
Sincerely,
John Bartelsmeyer, Chair
Alysia Johnston, President
FSCC’s vision for the future is to support “Students First, Community Always” through a central focus on teaching and learning; advancing strong, innovative programs and
departments; maximizing and leveraging opportunities; initiating efficient and effective processes; and developing the region’s workforce.
CONSENT AGENDA
A. APPROVAL OF AGENDA
B. APPROVAL OF MINUTES OF PREVIOUS MEETINGS
1) Attached are the minutes of the Regular Board Meeting conducted on April 19,
2021.
C. APPROVAL OF TREASURER’S REPORT, BILLS and CLAIMS
Attached are the Treasurer’s Report and the Bills and Claims Report.
D. APPROVAL OF PERSONNEL ACTIONS
1) Additions
a) Brandon Fisher, Welding Instructor, effective July 26, 2021
2) Separations
a) Jared Wheeler, Communications Instructor, effective May 3, 2021
b) Tawny Pool, Web Developer, May 5, 2021
c) Jacob Biller, Assistant Baseball Coach, effective May 15, 2021
d) Heather Davis, Biology Instructor, effective May 17, 2021
e) Aaron Watts, Assistant Baseball Coach, effective May 31, 2021
RECOMMENDATION: It is recommended that the Consent Agenda items be approved as
presented.
FS Commission Minutes of May 4
Minutes are unapproved until the next meeting.
CITY OF FORT SCOTT
CITY COMMISSION MEETING
Minutes of May 4th, 2021 Regular Meeting #9
The regular meeting of the Fort Scott City Commission was held May 4th, 2021 at 6:00 p.m. in the City Commission Meeting Room at City Hall, 123 S. Main Street, Fort Scott, Kansas.
ROLL CALL:
Commissioners P. Allen, K. Allen, and R. Nichols were present with Mayor J. Jones presiding. L. Watts connected by Zoom.
INVOCATION: Associate Pastor, Brian Rhoades, Grace Baptist Tabernacle, said a prayer asking God for guidance for the City, our Government and City officials.
AUDIENCE IN ATTENDANCE: Travis Shelton, Russell Lingerfelt, Michael Mix, Susan Bancroft, Brian Rhoades, Michael Hoyt, Bill Lemke, Shawn O’Brien, Nancy VanEtten, Jerry Morgan, Emilie Zalfini, Shane Wood, Nancy Maze, Peter Earles, Janice Allen, and Allyson Turvey.
PROCLAMATIONS/RECOGNITIONS: None
ADDITIONS TO AGENDA: City Manager asked that Earles Engineering proposal for Cooper Street Final Design be added to the agenda under Consideration.
R. Nichols moved to add Earles Engineering proposal for Cooper Street under Consideration. J. Jones seconded. All voted aye.
ADDED EARLES ENGINEERING PROPOSAL FOR COOPER STREET FINAL DESIGN TO AGENDA UNDER CONSIDERATION.
CONSENT AGENDA:
-
Approval of minutes of the regular meeting of April 20th, 2021 and special meeting of April 27th, 2021 and amended minutes of April 6th, 2021.
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Certificate of Appropriateness – Unsung Heroes Park sign murals
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Consideration to Pay – HDR Engineering, Inc. – $7,335.00-River Intake Project
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Approval of Cereal Malt Temporary Beverage License – Good Ol’ Days – Beer Tent – June 4th & 5th, 2021
R. Nichols moved to approve the Consent Agenda. J. Jones seconded. K. Allen, R. Nichols, L. Watts, and J. Jones voted aye. P. Allen voted no. Motion carried 4-1.
APPROVED CONSENT AGENDA.
Public Comment:
(Sign up required. Comments on any topic not on the agenda and limited to 5 minutes per person, at Commission discretion) – Michael Hoyt – Mr. Hoyt informed the Commission that the minutes they just approved from the April 6th meeting, that he would like to change one thing under his name under public comment. It says the City Attorney said, and he quoted “this is a pointless discussion unless we hear from the County”. It is not a pointless discussion. It was a voter citizen comment area and should be taken as that. You should also add the Mayor’s final comment as he was just trying to give us a heads up to make it more correct.
K. Allen asked if that could be added to the minutes.
Diane Clay, City Clerk, said that she wanted to point out that the minutes are not verbatim and not typed word for word.
Mr. Hoyt asked that they be changed.
K. Allen said that it doesn’t hurt to go back and listen and change them if needed.
K. Allen made a motion to change the minutes on April 6th on the citizen comment section. P. Allen seconded. K. Allen, P. Allen and J. Jones voted aye. R. Nichols and L. Watts voted no. Motion carried 3-2.
APPROVED TO CHANGE THE MINUTES ON APRIL 6TH, 2021 ON THE CITIZEN COMMENT SECTION TO ADD THE MAYOR’S COMMENTS.
Minutes from April 6th, 2021 – City Comment section – Michael Hoyt, citizen – Mayor Jones comments:
“Mr. Hoyt handed Bob Farmer, City Attorney, a copy of the United States Constitution. He asked him what the 21st amendment was. He answered that it was a repeal of the 18th amendment allowing the sale of alcoholic beverages.
Bourbon County Commission – This morning at their meeting they have dictated to us on how they are going to handle an advisory board for an HR Assistant/Administrator and that we are going to share. He has been very active in these discussions. This is no reflection on the person appointed. That’s not the way we do it. We solicit letters of interest and then you vote on them. He doesn’t see why this should be any different on an advisory board shared by the County or with the City.
K. Allen said that this is the first time he has heard about this.
Mr. Hoyt said that they were speaking on shared services or interlocal agreement. Both terms were thrown but Justin advised that it was going to be a shared service.
City Attorney said until the County notifies us, and we see it in black and white, it’s a pointless discussion. He said he appreciates the heads up, but he doesn’t know how we talk about something that we don’t know anything about.
Josh said “that Michael was just bringing it to our attention and to be aware.”
Mr. Hoyt’s next item was he was handing out research and history he has done on the 1% sales tax that is levied within the City. In 1983, this body passed an ordinance or a resolution describing how they would spend the sales tax. It describes an election and those election ballot questions have been sought after, and as of this morning, they had not been found. It gives some other details of how the sales tax was passed by contacting the state tax bureau. In 1987, there was another resolution that says that we’re going to renew the same tax, but we didn’t sunset it like we did in 1983. It would sunset after four years. He is finding this very suspect and doesn’t know what happened but feels there is a valid enough flaw in these two elections and these two resolutions, that he will be putting together a petition to repeal the 1% sales tax in the City of Fort Scott. He will time it to be on the November ballot so we will not be involved in a special election thing again. He wants to give you an opportunity to fix it. If you as a body can come up with a charter ordinance that reflects what the intent of the voters were in 1983 and 1987, we have not yet determined what resolution levied that tax. If you can put together a resolution to fix it, he’s fine, otherwise, you stand to lose it. He will remind you how did Charter Ordinance 31 work for you. He’s not trying to devastate the City. All he is trying to do is make us do it right. There were no reductions or income elimination taxes. He said to keep reading the newspaper articles. They almost describe an 1983 election that didn’t occur. He is here to inform you that he is putting together a petition to repeal the sales tax and will start as soon as he gets the ballot question and the sufficiency on the petition from Justin Meeks.
Pete asked how do we fix this? Is there a way we as a body can fix this?
Mr. Hoyt said that there is a way and that Bob would have to advise you. Either by a charter ordinance and then the electors would have 60 days to object, or a resolution that would put it back on the ballot. It would be confusing because you would be voting for and against it in the same ballot. He doesn’t want us to be devastated by a revenue shortage, but he just wants us to do it right. The allocations of the revenue was 80% streets, 10% one thing and 10% another. Get a mix of the two that you can live with in the 1983 and 1987 resolutions, and he will stay home.
City Manager Report and Comments: Jeremy Frazier, City Manager, informed the Commission on April 19th, he met with the Good Neighbor Action Team, (GNAT) to discuss efforts and strategies of this organization. They serve a really good purpose in this community. They are a volunteer organization and are supported by donations, and if we want to see our community improve, we need to support this cause. They work hand in hand with the City and we receive those donations and have a good relationship. He met with local housing developers and hope to see some homes built. He and Ally met with the Lowell Milken Center about their upcoming construction at the Unsung Heroes Park. He attended a meeting with on Mayco Ace project and the CDBG grant. The first Fort Scott Forward forum was held on April 27th and well attended. The Chamber of Commerce held their annual dinner. It was very well attended and organized. The Chamber should be very proud of this event. He congratulated those who won well deserved awards also. He attended the Fire Department staff meeting. Public Works has a weekly staff meeting with the engineer present. The engineer is working on the utility rate study currently. Susan is assisting with this. This study will compare the existing rates to the future rates of the City. The importance in doing this study is to determine if the current rate structure can generate sustainable revenues to operate, maintain, and rebuild the current infrastructure of the City. Cooper Street is an ongoing project. It is a redesign, mill and overlay. We are waiting on a design from our engineer. There is a proposed item on the agenda to complete the design of this street for later in the meeting. The engineer is working on a parking lot assessment at 1st and National. It is a City owned lot. It could become public parking. The alley improvement behind Common Ground coffee shop is still ongoing. There have been interviews conducted for the Tourism Manager position and an offer should be made by the end of the week. The Street Advisory Board met and recommended a 2022 Capital Improvement plan with over 22 sections of street to consider.
Director Reports: Allyson Turvey-Smart Growth/T-Mobile Update – Ally Turvey, Community Development Manager, informed the Commission that she wanted to update them on a couple of new Smart Growth initiatives that have come our way. They learned a couple of weeks ago that there is a new rural grant program offered as a initiative between T-Mobile and Smart Growth America. They started discussing how to go after this grant program. They will be offering 25 – $50,000 grant awards every quarter for the next five years. There is a lot of funding available. The first round of applications are due in July. She also received a call from Mr. Smith of Smart Growth to remind her that Fort Scott was responsible for the introduction of T-Mobile and Smart Growth. T-Mobile came to Fort Scott in 2018 and shot a video here. Multiple rounds of this grant funding will be able to be accessed. Mr. Smith felt that there was a good chance for the City to receive this grant. Mr. Smith also brought to her attention that there is a $3 million hometown tech-over contest. One rural community within the United States will win a $3 million techover award. That is $200,000 in placemaking opportunities, with the assistance of Smart Growth, a Little League field makeover, public space connectivity, and additional T-Mobile resources for our education sectors for our local military. There is a lot of potential here. He gave us the inside scoop on what we need to do. Anyone can submit an entry into the contest. It is a picture or a video of what makes Fort Scott special and a 400 character limit of the explanation of the picture. She asked any resident of the community to submit a picture or a video. The more submissions the further you get into the contest. He also suggested the City submit a home run video. She has reached out to Ward Kraft to assist the City is creating this video. She asked Larry Gazaway to do the voice over on this video. This will be very competitive.
Old Business: None
Appearances:
Emilie Zalfini – NLC Presentation – Emilie said that she is here this evening representing Home Serve, which is a service warranty line program. They are endorsed by the National League of Cities. They have been in business for 17 years. This program addresses issues with aging underground infrastructure which is starting to plague a lot of communities in the United States. This is a program that is available to all homeowners. They partner with the community and their goal is to educate homeowners that they are responsible for the water and sewer lines on their property and also offer protection on their internal water and sewer lines and their in-home plumbing. There is no cost to the City at all. A lot of homeowners don’t understand their responsibility of the lines on their property. Their company would send a letter to each homeowner and let them know which portion of their line that they are responsible for. The City logo would be used on their letter also. The City would review the marketing material before it is mailed also. If the homeowner takes part of this program and has an issue, they have a toll free number they can call and receive assistance within 24 hours. This company will use local contractors. If the homeowner utilizes this program, they would receive up to $8,500 of coverage per incident. The in-home plumbing has a $3,000 per incident limit. There in an incremental revenue program that is offered to the City. It is $.50 per month per paid warranty program. The City can either accept this royalty or can give it back to the homeowner. It is paid to the City once a year. They have three mailings a year to market this program. If the City wanted to enter into an agreement with Home Serve, they would need to enter into a marketing agreement with them. They have 26 partners in the State of Kansas.
Kevin said that he would like time to look this program over and discuss at a later date.
Shawn O’Brien – Requests for closure of streets for Good Ol’ Days event:
Old Fort Blvd. from Wall Street to National Avenue
Main Street from Skubitz Plaza to Third Street
Scott Street from Wall Street to Second Street
Wall Street from National to Scott
First Street from National to Scott Street
Second Street from National to Scott Street
Use of Memorial Hall for Baby Contest and Talent Extravaganza
Heritage Park at corner of First and Main
Parking lot behind Heritage Park
Parking lot at corner of Third and Main
Parking lot at Second and Scott
Parking lot at Wall and alley between Main and Scott
Parking lot between Memorial Hall and the Library
Parking lot between National and Block House (Carnival will begin setting up here on Tuesday, June 2nd)
Parking lot between Old Fort Blvd. and H & H Realty Agency (Carnival will begin setting up here on Tuesday, June 2nd)
Old Fort Blvd – South side from National to alley (Carnival will begin setting up here on Tuesday, June 2nd)
Skubitz Plaza – (No special set up for event this year, but need Old Fort Blvd closed when tents go up Friday on east bound from Main. All closed Friday.
Use of City Hall for their staging area on Friday and Saturday.
Shawn said that this is the 40th celebration of Good Ol’ Days this year. They are excited to have this event this year after not being able to due to Covid last year. The theme this year is Family, Friends, and Fun. A free zip line will be offered this year as well as balloon artists. He asked the City Commission to approve the above closures and consider making a donation towards this event. He received the authorization to hold the event from Becky Johnson, Public Health Officer.
K. Allen moved to approve the street closures for Good Ol’ Days and authorize the City Manager to determine a donation for the event. L. Watts seconded. All voted aye.
APPROVED THE STREET CLOSURES FOR GOOD OL’ DAYS AND AUTHORIZE THE CITY MANAGER TO DETERMINE A DONATION FOR THE EVENT TO BE HELD JUNE 3, 4, AND 5TH, 2021.
Public Hearings: None
New Business:
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Consideration of Conditional Use Permit – 10 N National – Allow residential living on the first floor – Allyson Turvey, Community Development Manager, informed the Commission that on March 1st, 2021, the Planning Commission met on the Conditional Use Permit for 10 N. National to allow first floor residential living. This was approved unanimously by the Planning Commission and recommended approval to the City Commission. This property is currently in the Land Bank and the proposed owner would like to see all the zoning completed before it is purchased from the Land Bank. The front of the property will resemble a coffee shop and the residential apartment will be at the back of the structure.
R. Nichols moved to approve the Conditional Use Permit at 10 N. National to allow residential living on the first floor. L. Watts seconded. All voted aye.
APPROVED THE CONDITIONAL USE PERMIT AT 10 N. NATIONAL TO ALLOW RESIDENTIAL LIVING ON THE FIRST FLOOR.
(Kevin Allen left the room at 6:49 p.m.)
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Request to Pay – Skitch’s Hauling & Excavation Invoice – $1,914.00 – City Manager said that this is the invoice for March for port-a-potty services.
J. Jones moved to approve the invoice for Skitch’s Hauling & Excavation in the amount of $1,914.00. R. Nichols seconded. All voted aye.
APPROVED INVOICE FOR SKITCH’S HAULING & EXCAVATION IN THE AMOUNT OF $1,914.00 FOR MARCH 2021.
(Kevin Allen returned to the room at 6:50 p.m.)
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Consideration of Curbside Pickup Program – Allyson Turvey, Community Development Manager informed the Commission that this program allows for downtown restaurant curbside pickup and is a temporary elimination of parking spaces for quick pickup of food. Downtown restaurants may submit an application for placement of signage which will be installed by Public Works. There have been parking issues in the downtown area. There were some businesses that placed some signage specifying that they were asserting authority over public places. They have been working to get those signs removed. In doing that, they know there is a need for pickup spots for restaurants. There are still people who are more comfortable ordering ahead and then picking up at a designated area. This resolution and program allows for curbside pickup zones for restaurants in the downtown area. These would be 15 minute parking spaces. These are not enforceable and any business could utilize these parking spaces. The owners of restaurants would have to submit the application.
Josh asked if the applications would go before the City Commission for approval.
Ally said that this application process gives the City Manager the authority to approve the application.
Discussion was held regarding the date. It was recommended to change the date on the resolution to expire on January 1st, 2022.
Ally said that restaurants located on arterial streets may have one sign with a maximum of two signs per block. Restaurants located on non-arterial streets may have two signs with a maximum of four signs per block.
Discussion was held regarding the 15 minute parking sign that Papa Don’s has currently. Ally said that they came before the City Commission to request this sign several years ago.
R. Nichols moved to approve the Restaurant Curbside Pickup Program and review this program on January 1st, 2022. The resolution was also moved to be approved with the expiration date to reflect January 1st, 2022. L. Watts seconded. All voted aye.
APPROVED RESTAURANT CURBSIDE PICKUP PROGRAM AND TO REVIEW THIS PROGRAM ON JANUARY 1ST, 2022. APPROVED RESOLUTION NO. 7-2021 DIRECTING THE CITY MANAGER TO ESTABLISH A DOWNTOWN RESTAURANT CURBSIDE PARKING PROGRAM IN RESPONSE TO THE COVID-19 CRISIS AND TO DETERMINE THE LENGTH OF TIME THAT PARKING IS PERMISSIBLE IN AREAS DESIGNATED FOR THE CURBSIDE PARKING PROGRAM.
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Consideration of RFQ’s – Wastewater Treatment Plant Engineering – City Manager said that an interview team reviewed six engineering firms that submitted RFQ’s. It was unanimous that Earles Engineering be approved for the Wastewater Treatment Plant process evaluation and design improvements at the plant.
Michael gave a brief description of what the project will consist of.
Peter Earles said that his firm will submit a contract with the fee and it will come back before the City Commission for approval.
P. Allen moved to award the Wastewater Treatment Plant Engineering to Earles Engineering, Inc. of Pittsburg, Kansas. K. Allen seconded. All voted aye.
APPROVED TO AWARD THE WASTEWATER TREATMENT PLANT ENGINEERING TO EARLES ENGINEERING, INC. FOR PROCESS EVALUATION AND DESIGN IMPROVEMENTS AT THE PLANT.
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Discussion of Proposed and Recommended Deed Restrictions from Lake Fort Scott Advisory Board Committee – City Manager said that the Lake Advisory Board met on April 10th and recommended deed restrictions for City owned lake lots.
Nancy VanEtten, Chairperson for the Lake Advisory Board, informed the Commission that their Committee met recently. Most of the meeting was spent discussing the work completed by the subcommittee, chaired by Shane Wood, on Smart Growth and Planning at the Lake. The purpose of the subcommittee was to develop a short and long range plan for the Lake and any City owned property around the lake so there is a consistent plan. The group met twice and composed suggested deed restrictions for City owned lake lots.
Shane Wood informed the Commission that there were nine individuals on the subcommittee. It was comprised of east and west side Lake residents as well as full time and part time residents at the Lake. Shane asked if the proposed City property for sale is by the two gazebos on the east side.
Kevin pointed out that the Lake Committee did make some changes to the deed restrictions. He wanted to point out that this applies to City owned property only.
Josh said that the Commission hasn’t decided for sure what lots they will be selling yet.
Shane said that the deed restrictions are as follows:
Any lots sold by the City of Fort Scott are to be used solely for single family residential use, whether year around or seasonal, and related garages or outbuildings. All commercial, industrial, retail, and multi-family housing uses are prohibited. The property may also not be subdivided in any way without the express approval of the City of Fort Scott City Commission. These restrictions will be deemed a covenant which runs with the property and binding on purchaser and successors or assigns of the purchaser.
Additional recommendations – Must be a stick framed home.
Phase 1 included in the Smart Growth Plan:
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City of Fort Scott to sell property on the East side of the Lake where the gazebos are located (property north of Lot 858 and property south of Lot 728). Each property would be subdivided into two lots).
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100% of the money generated by the sale of the lots would go to establish a Lake Fort Scott budget.
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The Lake budget would be used to fund and make improvements to the camping area on the west side of the lake such as general cleanup, remodeling of the shelter house, new concrete pads, and utility hookups for campers, etc.
Kevin said that the money and projects would be reviewed by the City Commission before any action would be taken with the Lake funds.
Josh said that his suggestion is to put this on the next agenda after all of the Commission has time to review these recommendations.
Randy said he would like to see a work session on this topic. He would like to see more details. He feels his responsibility is that the tax paying citizens in Fort Scott get the best benefit in return on their dollars. He would just like more details.
Pete said he is not convinced either way yet. He said that he doesn’t know how we got in the position where we have County properties around the City lake. The City built the lake.
City Manager suggested a work session next Tuesday.
Pete asked that the Commission also discuss street improvements at the work session.
K. Allen moved to hold a work session next Tuesday, May 11th, 2021 at 7:00 p.m. to discuss the sale of City property at Lake Fort Scott and street improvements. P. Allen seconded. All voted aye.
Approved to hold a work session next Tuesday, May 11th, 2021 at 7:00 p.m. to discuss the sale of City property at Lake Fort Scott and street improvements.
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Consideration to purchase mini-excavator – City Manager said that the streets, water, sewer, stormwater departments are in dire need of an additional mini excavator. It was requested a Bobcat be purchased so the parts will interchange. The City’s purchasing policy allows for using cooperative contracts to procure equipment where bidding has already been accomplished. The State contract through Sourcewell is in the amount of $65,430.18 for an E-60 Series Bobcat Compact Excavator.
K. Allen moved to approve the Sourcewell State contract to purchase an E-60 Series Bobcat Compact Excavator at a price of $65,430.18. L. Watts seconded. All voted aye.
approved the SourceWEll State contract to purchase an E-60 Series Bobcat Compact Excavator at a price of $65,430.18.
7. discussion and possible action for Earles Engineering Contract for the design of Cooper Street from 20th Street to 23rd Street – City Manager said that before them is the proposal for the reconstruction of Cooper Street from 20th Street to 23rd Street. He received this today. The amount for the final design is $19,200. After this is approved, work will begin within three days and they will have six weeks to complete the design. This is a budgeted item.
Discussion was held about opening Cooper Street from 18th to 20th at this time since we are waiting on engineering.
Peter Earles said that should not be a problem.
P. Allen moved to approve the contract for the final design of Cooper Street from 20th Street to 23rd Street with Earles Engineering, Inc. at the cost of $19,200. K. Allen seconded. All voted aye.
approved the contract for the final design of Cooper Street from 20th Street to 23rd Street with Earles Engineering, Inc. at the cost of $19,200.
Reports and Comments:
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Commissioner Reports and Comments:
L. Watts – Nothing to report.
R. Nichols – Wanted to express his condolences to the Phil Hammons family. Phil was a well known community member who recently passed away this week.
P. Allen – Pete shared a video of the pothole patcher with the Commission and the public. He stated that we are way behind in street improvements. He said that our streets are an embarrassment to the City of Fort Scott. Our streets are affecting our quality of life issues. Our streets are very expensive to reconstruct. He referenced the National project of 7 blocks about 7 years ago and spent $7,000,000. Our current funding will amount to $750,000 per year. He mentioned using the pothole patcher machine to redo 23rd Street from Highway 69 to Horton Street. There will be a trainer here next week to train the City crew on how to properly use this machine. He also discussed rock and the correct size of rock that we need for this machine.
Bill Lemke mentioned that the City is replacing the hoses on the pothole patcher machine and rebuilding it.
K. Allen – Kevin thanked the Lake Committee people for coming to the meeting tonight.
Kevin asked about the caretaker house at Gunn Park and if any progress had been made on it.
City Manager said that we need to discuss this more in depth.
Kevin asked about the rock for Shelter #1 at Gunn Park.
Jeremy said he is aware of it and will take care of it.
Kevin also echoed his condolences to the family of Phil Hammons. He will be missed.
J. Jones – Nothing to report.
City Attorney Report and Comments: Nothing to report.
Executive Session:
J. Jones moved that the City Commission recess into Executive Session for the purpose of discussing non-elected personnel in K.S.A. 75-4319(b)(1). The open meeting will resume in the Commission meeting room at City Hall at 8:55 p.m. R. Nichols seconded. All voted aye. This included the City Commission and City Attorney.
J. Jones moved that the City Commission come out of Executive Session at 8:55 p.m. L. Watts seconded. All voted aye. Motion carried.
Josh brought up the idea of changing the meeting date time for the June 1st meeting as he is leaving town that day. This will be discussed at the next meeting.
Adjournment:
J. Jones moved to adjourn the meeting at 8:59 p.m. R. Nichols seconded. All voted aye.
ADJOURNED MEETING AT 8:59 P.M.
Respectfully submitted,
Diane K. Clay, M.M.C.


