CITY OF ANTHONY

Recorded

August 31, 2009

The Board of Commissioners of the City of Anthony, Kansas met in regular session at 8:30 a.m. with Mayor Barbara Muse presiding and the following Commissioners present: Hall, Hammersmith, Dickey and Tedder. Absent: None. Also present were Don Heidrick, City Clerk/Administrator; Kenny Hodson, Deputy Chief of Police; Amber Schmitz of the Anthony Republican; Patricia King, Ron Poor, Dollie Mathes, Mike Lanie, Tami Greve, Bryant Anderson, J. D. Hays, Cynthia Clark, and Donna Crowe.

Richard Busby gave the Invocation.

Commissioner Tedder made the motion to approve the minutes of the previous meeting as amended. The motion was seconded by Commissioner Hall. Motion carried.

APPROPRIATION ORDINANCES and 09/01/09 PAYROLL APPROVED

Claim Ordinance #5605 making appropriation for $147,791.46 and Claim Ordinance #5606 making appropriation for $7,064.26 for the payments of certain claims against the City of Anthony for appropriation ordinance and $50,435.12 for 09/01 Payroll were presented and on a motion by Commissioner Tedder, seconded by Commissioner Dickey, said ordinance and payroll were unanimously approved and claims ordered paid.

HARPER COUNTY COMMUNITY FOUNDATION – WAYNE DENNIS FUND

Dollie Mathes, Chairperson for the Harper County Community Foundation and Ron Poor of Edward Jones, gave an updated report on the use of the $250,000 transferred by the City Commission to the Anthony Community Foundation in 2001. Three Attorneys had put together an instrument of transfer and the City Auditor and the City Attorney had recently reviewed the transfer with no questions. The Foundation can invest the $250,000 in higher rate investments and not restricted like the City.

Mayor Muse made the motion that the City not request back the $250,000 transferred to the Harper County Community Foundation. The motion was seconded by Commissioner Hammersmith. Motion carried.

MAIN STREET REVITALIZATION – PLAN DISCUSSION

Mike Lanie, Director of the Harper County Economic Development presented information about adding a ½ cent sales tax increase to help rebuild Main Street after the fire.

Also, he presented information regarding the establishment of Community Investment District (CID’s) which allows Cities and Counties to enact up to a 2% sales tax increase to pay for certain infrastructures and related improvements.

He asked the City Commission to consider these options for revenue to help improve and renovate the City for Economic Development.

There was concern from J. D. Hays about a sales tax increase. Mayor Muse indicated a Community Meeting would be needed to educate the citizens.

HELPING HANDS AND HOOVES EVENT

J. D. Hayes said there are plans to hold the 4^th Annual Trail Ride again this year at the Anthony Lake, September 26^th, to benefit the Anthony and Harper Ministerial Associations.

ANTHONY MEDICAL REQUEST FOR CDBG APPLICATION

Tami Greve, Marketing Director for the Anthony Medical Center along with CEO Bryant Anderson and Board member J. D. Hays presented a request again for the City of Anthony’s support for a CDB Grant Application to rebuild the Wellness Center at the Medical Center location. Previously, the scope of the Application was to build a meeting room, storm shelter and ambulance bay.

This change will help facilitate the need of rehabilitation therapy facilities close to the Medical Center and reimbursement from Medicare.

Commissioner Tedder expressed the need for the Medical Center’s assistance in helping with having the empty space available to accommodate new businesses downtown.

Anderson said the Medical Center’s Board did not want to see the space empty, but didn’t think the Board wants to keep the property.

Mayor Muse made the motion that the City supports the Medical Center’s CDB Grant Application with the Scope change for a Wellness Center. The motion was seconded by Commissioner Hammersmith. Motion carried.

ASBESTOS TESTING AND CLASS II SUPERVISOR

Proposals for Asbestos and Class II Supervisor for the downtown fire site were presented from ACM Removal, Inc. and Integrated Solutions.

Commissioner Tedder made the motion that the City accepts the low bid of ACM Removal, Inc. for Asbestos Testing and Class II Supervisor. The motion was seconded by Commissioner Dickey. Motion carried.

Donna Crowe reported that since Mike Loreg and the State Fire Marshall would not write a letter regarding the hazards of the fire site for the Urgent Need Grant, Rose Mary Saunders, Grant Supervisor suggested that Sherry Houston, County Health Director be asked to write a letter.

RECREATION COMMISSION RECOMMENDATION

Donna Crowe of the Recreation Commission presented Carothers Construction Pool Testing T & M Proposal as recommended by the Recreation Commission. The testing would cost $2,000 to $3,000 and could be paid by the Swimming Pool Renovation Revenue of the Capital Improvement Fund.

Commissioner Tedder made the motion that the City approves the Pool testing, T & M proposal from Carothers Construction for $2,000 to $3,000 as recommended by the Recreation Commission. The motion was seconded by Commissioner Hall. Motion carried.

RESOLUTION NO. 746

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ANTHONY OF THE STATE OF KANSAS AUTHORIZING THE EXECUTION AND DELIVERY OF A MUNICIPAL LEASE AGREEMENT (KANZA BANK – BANK LEASE) AND OTHER DOCUMENTS AND AGREEMENTS IN CONNECTION THERE WITH.

After discussion, Mayor Muse made the motion that the City approves the Lease/Purchase with Kanza Bank for the Kerr addition for $85,000. The motion was seconded by Commissioner Tedder. Motion carried.

RESOLUTION NO. 747

A RESOLUTION PROVIDING FOR THE CONDEMNATION OF CERTAIN REAL PROPERTY

Commissioner Tedder made the motion that the City adopts Resolution No. 747. The motion was seconded by Commissioner Hall. Motion carried. 4-0-1, with Mayor Muse abstaining because of possible conflict of interest.

LAKE LOT LEASE TRANSFER – LOT #15W

Mayor Muse made the motion that the City approves the transfer of Lake Lease for Lot 15W from Debra K. Clements to Luke J. Thornton and/or Luciana Thornton. The motion was seconded by Commissioner Dickey. Motion carried.

LAKE LOT LEASE TRANSFER – LOT #6W

Mayor Muse made the motion that the City approves the transfer of Lake Lease for Lot #6W from Richard L. and/or Linda F. Clements to Larry C. and Llyn P. Noakes. The motion was seconded by Commissioner Dickey. Motion carried.

GOLF CLUB ASSISTANCE

After much discussion, it was consensus of the City Commission that the City funds the Golf Club Insurance (property and building) for the last 5 months of the policy in 2010 and then proceed with Jim Forsyth working on the transfer of the property with the Golf Club paying for ½ of transfer cost.

DEPUTY CHIEF OF POLICE REPORT/911 BOARD MEETING/LAW ENFORCEMENT MEETING/CIVIL DISTURBANCE/RAMBO TO CHAPARRAL/THEFT CASE – JUVENILE INVOLVED/SHOPLIFTING CASE

Deputy Chief Hodson reported for Chief Blevins he had attended the 911 Board Meeting. They had a Law Enforcement meeting. They received training on Search and Seizure and Stalking from Darian Dernovish, Legal Council for the Kansas Highway Patrol. Officer Schultz took Rambo to Chaparral High School to check lockers. They responded to a disturbance in the 300 block of N. Madison. Two persons taken into custody for disorderly conduct. Officer Schultz investigated a theft. Two juveniles taken into custody and one was transferred to Hutchinson.

Officer Hodson investigated a theft case, search warrant issued for the 400 block of W. Vine. Two persons taken into custody. A second search warrant turned up contraband.

Most of the property was recovered from the theft cases.

They investigated recent shoplifting cases at Dollar General and Alco.

STATE FIRE MARSHAL REPORT

Fire Chief Kenny Hodson reported they received the State Fire Marshal’s Report for the July 8, 2009 Downtown Fire. In summary, the report stated the incident was accidental. There was no intentional violent explosion, that electrical activity likely ignited gas flow from the broken yard lines after the sink-hole was opened and the gas lines broke from the meters.

BOARD OF ZONING AND APPEALS

Commissioner Dickey made the motion that the City appoints Landon Redgate to the Anthony Board of Zoning and Appeals. The motion was seconded by Commissioner Hammersmith. Motion carried.

CITY SUPERINTENDENT REPORT/EMERGENCY TECHNOLOGY CONFERENCE/WESTERN FARMERS RELEASE OBLIGATION/K-2 STREET WORK/COUNTY OWNERSHIP OF DAM/CULVERTS AT LAKE/WORK SESSION

Superintendent Sechler attended an Emergency Technology Conference as a guest of Alfalfa Electric. It was a good Conference. While there, he met with the CEO of Western Farmers Electric after Larry Berry, Power Plant Superintendent called, who had reported it was hard to carry the load efficiently since the weather was cooler and the Electric load lower. Western Farmers let the City out of the obligation to generate power between 5-7 p.m.

The contractor working on K-2 will begin work this week. Superintendent Sechler will contact Chaparral High School about the road construction at the suggestion of Commissioner Tedder.

He reported construction work will begin on the Garfield Lift Station in September. A new bar screen will be built in October.

Two culverts were installed at the Lake and drainage issues were addressed.

A Work Session with Greg Wilson of Twenty-First Century Consultants will be Wednesday at 5:00 p.m. to discuss future power needs for Anthony.

SAFETY INSPECTION REPORT FOR ANTHONY CITY LAKE DAM

He had received the latest Safety Inspection Report for the Anthony City Lake Dam, which was not good.

The Dam is in violation of adopted rules and regulations as of terms, conditions or restrictions of a permit granted by the Chief Engineer. Violations of the Obstruction in Stream Act that the Dam is hydrologically inadequate and the Department is not in receipt of an Emergency Action Plan for this Dam. The Emergency Action Plan (EAP) must be submitted within 180 days with the requirements of K.A.R. 5-40-43. The Chief Engineer will issue an order to bring the Dam into compliance with the rules and regulations or remove the Dam.

The Dam has been raised from a significant hazard to a high hazard. Before, there were concerns about houses and buildings being flooded. Now, they are concerned that K-2 Highway would be flooded. EBH Engineers have been contacted about developing a Plan of Action.

COMMISSIONER COMMENTS

The Commission discussed having the County take over the ownership of the dam if more funding would be available. The City Attorney’s opinion will be requested.

Commissioner Tedder asked if the Street Sweeper is being used. Some areas have sand build up. It is being operated.

Commissioner Dickey asked abut the City property that was cleared off of South Pennsylvania Ave. We need to push for giving the property away if qualified construction is made. We need to decide on a policy.

Commissioner Hammersmith asked about Lake items – showers and electricity.

Mayor Muse made the motion that the City Commission meeting be adjourned. The motion was seconded by Commissioner Dickey. Motion carried.

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Donald F. Heidrick, City Clerk/Administrator

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Barbara Muse, Mayor