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By Tammy Helm Tribune Managing Editor Discussion of 17 acres of city-owned property at Lake Fort Scott continued during the Fort Scott City Commis- sioners’ Aug. 18 meeting. That discussion focused on confusion of a motion made on July 21 – who would meet with the Lake Advisory Board, if there would be a meeting with the board, whether the prop- erty should be sold and if so, placing restrictions on the deed. On Aug. 18, Lake Res- ident Vince Loffredo said a meeting with the com- missioners would be helpful because “we are really try- ing to preserve that land.” He said lake residents would be in favor of sell- ing the property, but more discussion and a “thorough understanding of what becomes of the property” is needed. He said after the July 21 commission meeting, the Lake Advisory Board chair- man called lake residents, asking what deed restric- tions should be placed on lake property. Residents were told the list was need- ed within three days. “I think it’s something that needs to be done thor- oughly, to think it through,” Loffredo said. He said he sees an oppor- tunity for generating city revenue at the lake to help offset expenses that doesn’t include selling city-owned property. Nancy Van Etten, Lake Advisory Board Chair- man, provided a presenta- tion about the lake, which included the restrictions, concerns of the advisory board and options for the city to consider. Concerns of the board include: the city not asking the board for input before deciding to sell the proper- ty; keeping the lake and sur- rounding area “as beautiful and natural as it is today;” “the board would like an opportunity to plan for smart future growth;” and to offer alternative options. Deed restrictions were provided, with “a more for- mal list” to be offered if the city decides to sell the prop- erty: no more than one sin- gle family dwelling house on any one lot and more than one other building for a garage or storage; no pre-assembled type of hous- ing, trailer house or mobile home; all construction must be completed within six months of beginning; no duplexes, condominiums or apartments; no outside toilets and no wastewater shall be permitted to enter the lake; no commercial, noxious or offensive trade or activity permitted on any lot, which includes animals or fowl “except customary household pets;” and “fer- tilizer and insecticide appli- cation is prohibited.” Van Etten encouraged a meeting between the com- missioners, the advisory board and the public to dis- cuss “smart growth” for the lake. Nancy Maze, a lake resi- dent, said she was speaking in support of the advisory board and their “advice” to not sell the 17 acres. Maze said the city commission is the only protection for the lake. She said the reason the city owns property sur- rounding the lake is to pre- vent overpopulation of the area and protect the city’s water supply, which was the reason the lake was created in 1957, according to Van Etten’s presentation. Maze said the city has found a way to meet its budget for 60 years without selling lake property. Lake Resident Patty LaRoche talked about con- fusion surrounding the July 21 motion. She said she also received a call from Van Etten. LaRoche said she told Van Etten the three-day deadline was not correct because commissioners had voted to meet with the advi- sory board first. LaRoche said Van Etten told her the commissioners had changed their minds. Commissioner Kevin Allen asked when lake res- idents received a call about the need for deed restric- tions in three days and who made the phone call. Commissioner Lindsey Watts said Van Etten called her and asked how Watts felt about “everything and our meeting.” Watts said she believes there was a lot of miscommunication. “I definitely never said that you had to have that (list of restrictions),” Watts said. She said she recom- mended ideas be present- ed before any commission decision was made. When Kevin Allen asked why lake advisory board members believed they needed to have deed restrictions to the city with- in three days, Van Etten said she went to city hall to present a Freedom of Infor- mation request. She said she was told City Manag- er Dave Martin and City Clerk Diane Clay wanted to meet with her. She said she called Maze “because ‘they’ felt like the commis- sion was not going to be able to meet with us.” While she had Maze on the speak- er phone in the commission meeting room, she said they discussed “what were the issues.” $1.25 www.fstribune.com Saturday, August 29, 2020 22 N. Main St. • Fort Scott, Kansas 66701 • 620-223-2110 TRIBUNE THE FORT SCOTT Serving Bourbon County since 1884 TODAY'S INDEX 135TH YEAR • NO. 96 Calendar........................... 3 Classifieds ........................ 9 Comics .............................. 9 History.............................. 7 Legals ............................... 8 Records............................. 2 Religion ........................5, 6 Columns ........................... 4 TV Listings .................. 6-7 A chance of showers and thunderstorms be- fore 10 a.m. until after 4 p.m. High near 85. Chance of precipitation is 40 percent. WEATHER © 2020 Rust Communications INSIDE: Martha Scott shares a recipe for Chelsea Buns. Find it on page 4. INSIDE: Bourbon County Commissioners adopted the 2021 budget. Read about it on page 14. INSIDE: The Fort Scott City Commissioners took a first step to allow transfers from the sewer funds. See details on page 13. We wil l be cled for busins each WEDNESDAY until rther notice. We wil l continue regular busins hours Monday, Tuday, ur sday & Friday. ank you for your patronage. e lobby wil l remain cled until rther notice. Plee contact the office at 620.223.2110 for stance. By Jason E. Silvers The Fort Scott Tribune Third District Bourbon Coun- ty Commissioner Nick Ruhl submitted his resignation letter during a special commission meeting Wednesday morning. According to unofficial min- utes of that meeting, Ruhl pro- vided Commission Chairman Lynne Oharah and County Clerk Kendell Mason with a resigna- tion letter, effective immediately. Ruhl said he would send the let- ter to Gov. Laura Kelly’s office. No reason was provided in the unofficial minutes and a call to Ruhl was not returned to the Tribune. Oharah said “it had been a privilege working on issues together.” Commissioner Jeff Fischer said he “appreciated all of the work Nick had done, espe- cially the work Nick did with the ambulance service” after the closure of Mercy Hospital in December 2018, according to the minutes. Commissioners and other county officials began working with city of Fort Scott officials in October 2018 to provide the Bourbon County Emergency Medical Services after Mercy’s closure. County Counselor Justin Meeks said he estimates it would take about three weeks before a replacement commissioner could be appointed and be present for commission meetings. There was discussion during the meeting about not conducting a meeting until Sept. 15. Fischer suggested business could still be conducted “that needed addressed” at regular meetings. Commissioners plan to meet again at 9 a.m. Tuesday, Sept. 1. Mason said Thursday she is not sure about business being conducted by commissioners, as the vacancy will leave two com- missioners, a quorum when three commissioners are in office, “but they still plan to meet.” Mason said during her time as county clerk, she has not seen the resignation of a commissioner before the expiration of a term. According to state statute, a meeting of a public body subject to the Kansas Open Meetings Act has three elements: an interac- tive discussion (discussion alone triggers the KOMA, it is not nec- essary that action or votes to be taken); by and between at least a majority of the body; on matters relating to the functions of that body. All three elements must be present to trigger the KOMA. A majority means the next whole number greater than one- half of the total number of mem- bers, according to state law. According to K.S.A. 19-203, “when a vacancy occurs in the office of a member of the board of county commissioners, it shall be filled by appointment of a resident in the district to fill the office for the unexpired term and until a successor is elected and qualified. When a vacancy occurs before May 1 of the first even-numbered year following the commencement of a term of office, it shall be filled by the appointment of a resident of such district who shall serve until a successor is elected and qualified at the next general election. Tammy Helm/Tribune photo Fort Scott City Commissioner Kevin Allen stands next to a map of Lake Fort Scott while he listens to lake resident Patty LaRoche speak during the Aug. 18 city commission meeting. SEE LAKE PROPERTY ON PAGE 14 SEE RUHL RESIGNS ON PAGE 14 Doing his job Teresa Klumpp/Tribune photo A bee gathers nectar on one of the flowers in the Bour- bon County Garden Club flower bed on Main Street this week. The garden space is beginning to show its fall colors. Ruhl resigns as county commissioner Confusion swirls around vote to meet with lake board Ruhl
