TOPEKA, Kan. (AP) — A vendor who has provided concessions at the Kansas Statehouse for 39 years says he is quitting.
Don Wistuba, a beloved fixture at the Capitol, says he can’t compete with the free food lobbyists provide for lawmakers during the sessions. He’s giving up his concession stand on Aug. 31.
Wistuba, who is blind, began operating a snack bar in a state office building in 1974. The Topeka Capital-Journal reports he moved to the Statehouse in 1976.
He says when 90 percent of the people at the Capitol get free food, he can’t keep his business afloat. And he says there is no longer enough foot traffic in the building when the Legislature is not in session because many state offices have been moved out of the building.
WICHITA, Kan. (AP) — The latest government snapshot shows most major farm crops in Kansas are faring well this season.
The National Agricultural Statistics Service reported Monday that 59 percent of the state’s corn is in good to excellent condition. About 31 percent is rated as fair with 10 percent in poor to very poor condition.
Soybean condition is rated as 52 percent good to excellent with 39 percent rated as fair. About 9 percent of the soybeans are in poor to very poor shape.
Kansas has about 68 percent of its sorghum crops in good to excellent condition. About 27 percent of the sorghum is in fair condition with 5 percent rated as poor to very poor.
The agency also rated topsoil moisture as adequate to surplus in 78 percent of the state.
Johnny Cueto throws a 4-hit shutout in his Royals home debut Monday night (Chris Vleisides).
KANSAS CITY, Mo. (AP) – Johnny Cueto threw a four-hitter in his Kansas City home debut as the Royals beat the Detroit Tigers 4-0 on Monday night.
Cueto (1-1) did not allow a runner past second base, struck out eight and walked none. It was his sixth career shutout and second this season.
Cueto, who was acquired from Cincinnati on July 26 for three pitching prospects, received a loud cheer as he went out for his warmup pitches and the standing ovations grew after every scoreless inning as he walked to the dugout.
Cueto struck out Anthony Gose on three pitches to begin the game as the festive Kauffman Stadium crowd roared with approval. Sluggerr, the Royals’ mascot, appeared wearing a Cueto-esque mane of dreadlocks.
Tigers left-hander Matt Boyd, who was acquired from Toronto on July 30 in the David Price trade, gave up three runs in the first inning.
WASHINGTON (AP) — The government has been refusing for more than three years to release a study that found air traffic controllers’ work schedules often lead to chronic fatigue, making them less alert and endangering the safety of the national air traffic system.
Federal Aviation Administration officials ignored repeated requests by The Associated Press for a copy of a report on the study and haven’t filled a Freedom of Information Act request for the document. However, the AP was able to obtain a draft of the final report dated Dec. 1, 2011.
The study found that nearly 2 in 10 controllers had committed a significant error in the previous year — such as bringing planes too close together — and over half the controllers attributed the errors to fatigue.
Westar Energy’s proposed billing options for new solar customers in Kansas will get further study. PHOTO COURTESY CROMWELL SOLAR
By ANDY MARSO
Kansas’ largest utility company has agreed to cut a proposed rate increase nearly in half and split off a controversial solar energy element for further study.
David Springe, the lead attorney for the Citizens’ Utility Ratepayer Board, had advocated both measures shortly after Westar Energy proposed the $152 million rate increase in March.
Thursday’s announcement that Westar officials had agreed to a $78 million settlement represented a victory for CURB, which had suggested a $51 million increase.
Springe, whose agency represents electricity consumers, gave plaudits to Westar officials for embracing a compromise that reduced the dividends that shareholders would have seen with a $152 million increase.
“I’m truly surprised that in a couple of days we managed to settle the whole thing,” Springe said. “They really came to the table with constructive ideas, and they walked away from a lot of things to get to this settlement.”
The Kansas Corporation Commission still needs to approve the settlement.
Westar CEO Mark Ruelle said the deal still would allow his company to make needed environmental upgrades to a coal plant in LaCygne, but it will reduce some grid reliability projects.
“We understand the need to have a balanced, constructive approach to regulating our business, yet still allow us to provide clean, reliable, safe and cost-effective critical service for our customers,” Ruelle said. “The agreement, if approved, also allows more choices for renewable energy for our customers and lets us make limited investments to improve grid reliability.”
Westar’s original proposal would have split utility bill options into three schemes, and customers who installed new solar panels would have been forced to choose between two with higher fixed costs and lower usage charges.
Westar officials said they needed to set solar users apart to better account for the cost of providing them access to the grid and its infrastructure.
But the proposal kicked up strong resistance from solar companies and environmentalists who rallied outside KCC public hearings in Topeka and Wichita.
Springe had said Westar’s concerns had merit, given the likely increase in solar users as the technology becomes more efficient and affordable. But he said the issue, which utilities across the country are beginning to face, deserved more study to determine the actual costs and benefits to the utility.
The utility company dropped its three-tiered proposal and agreed to keep new solar customers in the current residential plan, while opening a docket to explore solar issues further.
“We got everything we wanted on that,” Springe said. “That’s a big win.”
But he said solar industry representatives may still choose to challenge one portion of the settlement that includes a “distributed generation” tariff that could increase the bills of customers who install solar in the future.
Westar’s 300 current solar customers are grandfathered in and not subject to any new charges. But in order to prevent more solar installers from becoming grandfathered in while the KCC studies the effects of distributed generation, CURB and Westar agreed to establish the tariff.
Groups concerned with climate change also were not pleased with the settlement’s $2.50-per-month flat fee increase, although it was much less than the increase Westar sought.
Dorothy Barnett, executive director of the Climate and Energy Project, said her group continues to urge utilities to stick with usage fees, which provide an incentive to conserve energy, rather than flat fees that remain the same no matter how little electricity a customer uses.
“Increasing mandatory fixed fees — even at a reduced amount — takes away control over energy costs and options for Kansans and forces costs disproportionately on people who use the least energy,” Barnett said.
Andy Marso is a reporter for Heartland Health Monitor, a news collaboration focusing on health issues and their impact in Missouri and Kansas.
TOPEKA — A three-judge panel of the Kansas Court of Appeals will hear oral arguments at 9 a.m. and 1:30 p.m. Tuesday, August 18, at the Finney County Courthouse, 425 North 8th Street, Garden City.
Judges G. Joseph Pierron Jr., David E. Bruns, and Kim R. Schroeder will hear oral arguments in seven criminal and civil cases at dockets that convene at 9 a.m. and 1:30 p.m. The panel will also decide 11 cases without argument based on the parties’ written submissions.
Pierron, the presiding judge for the panel, said that the Court of Appeals regularly hears cases throughout the state.
“Nearly every month, panels of Court of Appeals judges will hear cases in Wichita, Topeka, and the Kansas City area,” he said. “We welcome the opportunity to visit other places, like Garden City. It makes our court more accessible to Kansans.”
Pierron said that hearing cases around the state also saves money for the parties.
“When a three-judge panel visits a location where many cases from a region can be heard, the attorneys representing the parties do not have to travel to Topeka,” Pierron said.
Attorneys for each side will have an opportunity to present argument to the judges, and the judges will have a chance to ask questions. The court will then take each case under consideration and will issue a written decision at a later date, usually within about 60 days.
The appeals to be heard in Garden City arose in Ellis, Ellsworth, Ford, Logan, Trego and Sherman counties. In addition to the Court of Appeals panel hearing cases this week in Garden City, other three-judge panels of the Court of Appeals will be hearing cases in Wichita, Topeka, and Kansas City. All hearings are open to the public.
There are 14 judges on the Court of Appeals, and the judges sit in three-judge panels to decide cases. In 2014, the Court of Appeals resolved appeals in 1,861 cases, including 1,295 in which the court issued a formal written opinion.
The seven cases to be heard in Garden City are summarized as follows:
9 a.m. ⬧ Tuesday ⬧ August 18, 2015
No. 111,962: Kenneth E. Wilson v. State of Kansas, appeal from Osborne County
Kenneth E. Wilson challenges his 2009 conviction for first-degree murder and other crimes in a habeas corpus action on the grounds his trial lawyer provided constitutionally inadequate representation for failing to seek the pretrial exclusion of some evidence against him.
No. 111,808: In the Matter of the Marriage of Courtney L. Schmeidler and Brian D. Schmeidler, appeal from Ellis County
The Ellis County District Court granted the couple a divorce, determining child custody and support, and approving the parties’ property settlement agreement. Less than five months later, Courtney filed a motion to modify the child support, which the district court granted. Brian appeals, arguing that the district court’s decision constitutes an improper modification of the parties’ property settlement agreement. In the alternative, Brian argues that the district court abused its discretion in granting Courtney’s motion to modify child support.
No. 111,827: Danker & Danker Public Relations v. Brenda McCants d/b/a Blending Moments, appeal from Sherman County
Danker filed a petition against McCants alleging McCants was personally liable for the unpaid balance for work Danker had done for McCants. The Sherman County District Court granted McCants’ motion for summary judgment, finding she was not personally liable as a matter of law. Danker appeals, arguing McCants is personally liable because she never disclosed to Danker that she was acting as an agent for a limited liability company. Danker contends McCants acted in her capacity as president of Blending Moments, which is a trademarked name. Because trademarks do not provide the same personal liability shield as an LLC does, Danker argues McCants is not protected by the shield of a limited liability company.
No. 113,244: Erick Wade Harbacek, #49146, v. Daniel Schnurr, et al., appeal from Ellsworth County
Eric Harbacek appeals the district court’s summary denial of his petition for a writ of habeas corpus. Harbacek claims the Kansas Department of Corrections incorrectly computed his conditional release date in contravention of ex post facto laws. He contends the loss of 90 days good time was not a punishment available to the Department of Corrections and violated ex post facto laws. The Department of Corrections argues Harbacek’s conditional release was properly and legally computed.
1:30 p.m. ⬧ Tuesday ⬧ August 18, 2015
No. 110,841: In the Matter of the Guardianship and Conservatorship of Rosa Lee Raney, appeal from Trego County
Carl Raney appeals the Trego County District Court’s decision not to remove Wayne Raney as the conservator for his elderly mother, Rosa Lee Raney. Carl alleges that Wayne violated multiple fiduciary duties while serving as conservator of his mother’s estate, and the district court abused its discretion in finding that while Wayne had failed to strictly comply with the rules established by K.S.A. 59-3069, his compliance was not fatal.
No. 110,046: State of Kansas v. David Darrel Williams, appeal from Ellis County
David Williams appeals his conviction of distribution of methamphetamine. On September 13, 2012, an undercover officer and a confidential informant picked up Williams in the undercover officer’s unmarked vehicle and purchased methamphetamine from him. Another officer located down the street listened to and recorded the parties’ conversations. At trial, the confidential informant was unavailable to testify. Over Williams’ objection, the Ellis County District Court played the recording for the jury, which included statements from the unavailable confidential informant. Williams argues on appeal that permitting the jury to hear the recording violated his Sixth Amendment right to be confronted with the witnesses against him. Williams also argues that the district court erred by using his prior convictions to increase his sentence without requiring the state to prove such convictions beyond a reasonable doubt.
No. 112,067: State of Kansas v. Ricardo Barnhardt, appeal from Ford County
This is a direct appeal of Barnhart’s convictions of two counts aggravated battery, one count felony endangering a child and one count of misdemeanor battery out of Ford County. The charges arose out of a domestic dispute between Barnhart and his girlfriend who was 38 weeks pregnant. On appeal, Barnhart is arguing: (1) there was insufficient evidence to support his conviction; (2) his fundamental rights were violated when the jury was mistakenly allowed to listen to an unredacted videotape, (3) his defense counsel provided insufficient representation and (4) the prosecutor committed prosecutorial misconduct by playing the unredacted videotape for the jury.
No. 113,288: In the Matter of the Estate of Earlene F. Brenner, deceased, appeal from Sherman County
Beverly Goodman, daughter of Earlene F. Brenner, filed a petition for issuance of letters of administration approximately seven months after Brenner’s death. The Sherman County District Court denied the petition by finding Beverly’s claims of a last will and testament were untimely and also that Brenner’s estate lacked substantial assets to administer. Goodman argues the appellate court should hold that proof of assets is not a prerequisite to issuing letters of administration. Brenner’s son Danny argues the petition was untimely as a claim against the estate and that the district court correctly determined that a lack of assets prevented administering any estate.
SALINA – Law enforcement authorities in Saline County are investigating a vehicle theft from a Salina Water Park.
Police say a 2008 Ford Escape was stolen from the parking lot of the Kenwood Cove Aquatic Park, 701 Kenwood Park Drive, between 7:30 – 9:00 p.m. on Friday.
The keys to the vehicle and a cell phone were taken from a bag on a table in the patio area of the water park.
The Escape is blue with a license plate number 922-HUU.
WICHITA, Kan. (AP) — Wichita police say a shooting death on the Wichita State University campus was not a random act.
Deputy Police Chief Hassan Ramzah says a 23-year-old man and a 19-year-old woman were arrested Sunday afternoon in connection with the shooting.
The victim, 23-year-old Rayan Ibrahim Baba, was found in a campus parking lot Saturday morning suffering from several gunshot wounds. He was pronounced dead at a Wichita hospital.
Ramzah says Baba was acquainted with the two suspects and had arranged to meet them at Fairmount Towers, where he lived.
The Wichita Eagle reports Baba was a Saudi undergraduate student majoring in electrical engineering but was not signed up for classes this fall.
Wichita State police chief Sara Morris says Baba’s death is the first homicide on the campus since 1993.
Hays Medical Center welcomes four new physicians to their medical staff. Drs. Michael Albrecht, Jerod Grove, Arbin Katwal and Derek Yarmer began their duties August 1.
Albrecht, who specializes in internal medicine, is a native of Herington, Kansas, and is working at Medical Specialists. He completed medical school at the University of Kansas School of Medicine, Wichita. He also completed an internal medicine residency at the University of Colorado in Denver.
Grove, who is a surgeon, joined the Southwind Surgical group at HaysMed. He completed medical school and a surgery residency at the University of Kansas School of Medicine in Kansas City. Grove is originally from Dodge City.
Katwal, is seeing patients at HaysMed Debakey Heart Institute and is an interventional cardiologist. He completed medical school at B.P. Koirala Institute of Health Sciences, Dharan, Nepal. He completed an internal medicine residency at Palmetto Health, University of South Carolina in Columbia and fellowships in general cardiology at the University of Virginia in Charlottesville and interventional cardiology at Loyola University medical Center in Maywood, Illinois. He is board certified in general cardiology, nuclear cardiology, adult echocardiography and internal medicine.
Yarmer is a native of Albert, Kansas, and will be working in the Emergency Department. He completed medical school at the University of Kansas School of Medicine, Kansas City and an emergency medicine residency at the University of Missouri-Kansas City.
Around 100 players greeted head coach Chris Brown and his staff as the Fort Hays State football team held their first practice of the 2015 season Monday morning at Lewis Field. The Tigers are limited to just one practice per day in just helmets. The team will add shoulder pads on Wednesday with their first full pad practice scheduled for Friday.
With over 60 players staying in Hays for summer workouts, Brown was happy with his team’s first workout.|
“It was good to seed guys flying around to the ball” Brown said. “You see a lot of guys out there that are pretty talented. They are pretty good athletes. They’ve just got to continue to get better”.
The Tigers open their 2015 season at Central Oklahoma on Thursday, September 3rd.
