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Paralyzed Kansas accident victim wins $38.5M verdict

Kara Hansen attended a 2015 benefit -photo courtesy Galena Sentinel Times

COLUMBUS, Kan. (AP) — A woman paralyzed from the chest down in a 2014 southeast Kansas crash has won a $38.5 million verdict.

Cherokee County jurors returned the verdict last week after a five-day trial. Kara Hansen was just 16 and behind the wheel of a 1966 Ford Mustang when she was struck from behind while waiting to turn left into the driveway of her family’s home.

The Mustang had only a lap belt and the back of her driver’s seat broke. She hit her head on the windshield and now needs around-the-clock care.

A deputy testified that the driver who rear-ended Hansen was following too closely and not paying adequate attention. The driver was minimally insured, raising questions about how much of the verdict Hansen will receive.

Kan. Bill To Make Bong Residue No More Serious Than Weed Possession

Current Kansas law imposes stiffer penalties for possession of marijuana residue, and concentrates, than for the plant. A bill in the Kansas Legislature would impose the lesser penalty for both.
FILE PHOTO

Kansas lawmakers may once have thought stiffer penalties for marijuana made sense, but in recent years crowded prisons forced them to take another look.

One of the changes, made in 2016, reduced the crime of being caught with marijuana a second time from a felony to a misdemeanor.

But on Tuesday, the Kansas Sentencing Commission said that change overlooked state law that still keeps harsher penalties on the books for getting caught with pot residue than for possession of marijuana.

Scott Schultz, the commission’s executive director, said that “seemed inequitable.”

“It only seemed natural or made common sense that those penalties should be the same,” he said.

The situation arose because Kansas state law has separate language for tetrahydrocannabinol, or THC, and marijuana possession. THC is the primary compound in marijuana that makes people high. Traces can be found on drug paraphernalia, or it can exist independently of marijuana in lab-derived versions.

The only objections to the sentencing commission’s proposal came from citizens or organizations who want lawmakers to go further. A resident of Inman, Kansas, asked the panel to decriminalize marijuana.

The ACLU of Kansas, meanwhile, wants lawmakers to clarify whether they intend cannabidiol, or CBD, oil to be considered marijuana and therefore illegal.

CBD is a substance that can be extracted from marijuana separate from the THC that makes people high. Some people say it helps treat seizures and pain, and it is allowed for medical purposes in some states where marijuana is illegal. Companies are seeking FDA approval for drugs containing CBD, but no such drugs have been approved so far.

Late last month, the Kansas attorney general’s office said under current Kansas law, it believes CBD counts as marijuana and is illegal regardless of whether it contains THC.

The ACLU wants lawmakers to weigh in because the attorney general’s opinion isn’t binding on law enforcement agencies, creating a risk that CBD will be treated as legal in some parts of the state and illegal in others.

The ACLU favors allowing CBD for medical uses.

Celia Llopis-Jepsen is a reporter for the Kansas News Service.  You can reach her on Twitter @Celia_LJ

HaysMed implements visitor restrictions

Effective Wednesday, visitors at HaysMed will be restricted due to an increase in influenza and other respiratory illnesses. Visitors who have symptoms of Influenza (fever, body aches, headache, severe weakness, cough, sore throat, runny or stuffy nose) or are 12 years of age or younger will not be allowed on patient floors.

This year’s flu season is one of the worst on recent records, and HaysMed is taking these precautions in order to limit the spread of the flu and other respiratory illnesses.  Signs noting the restrictions are posted at the main entrances to alert visitors not to visit if they have symptoms of Influenza, respiratory illness,  or are 12 years of age or younger.

“The flu can cause serious complications and even death, especially in the very young, the elderly, and those with existing medical conditions. These measures are being taken in an effort to protect patients, families, and hospital staff,” the hospital said in a news release. “We appreciate the community’s understanding and cooperation.”

It is not too late to receive a flu vaccination. CDC recommends getting a flu shot by the end of October if possible.  However, getting a vaccine later in the season is still beneficial.  HaysMed offers flu vaccines  through the end of March to anyone 6 months of age and older.

Healing After Loss of Suicide Feb. 12 & 28

Healing After Loss of Suicide

This program offers family members and friends of those who have lost a loved one to suicide a place to connect with others who are dealing with this highly specialized grief recovery process. Like all the other grief support programs HALOS is offered in a confidential and safe but informal environment.

When: Wednesday, February 12, 2018
5:30pm Dinner- China Garden | 2503 Vine St.
Gathering: 7:00 p.m.
Special Video- “Journey Through the Shadows”
Center for Life Experiences
2900 Hall St., Hays, KS 67601

When: Wednesday, February 28, 2018
5:30pm Dinner- Gutch’s Bar & Grill | 109 W. 7th St., Hays
Gathering: 7:00 p.m.
Center for Life Experiences
2900 Hall St., Hays, KS 67601

Ann Leiker – Coordinator – Call/Text 785-259-6859
Email: [email protected]

Ellis city council talks land purchases

ELLIS — Land acquisition was the topic of discussion for two agenda items during Monday’s Ellis City Council meeting.

Following an executive session with members of the Water Advisory Committee, council members unanimously agreed to proceed with the acquisition of property for the water exploration project. City Attorney Olavee Raub will meet with the committee to draft the real estate contracts.

Council members also agreed to make a counter offer to the Ellis Golf Club Board which wants to purchase 1.67 acres of land at the golf course from the city. The board has offered $750 for the land which includes the parking lot and area where the cart sheds are located. Council members feel $750 is too low because the city has already incurred $2,000 survey costs and attorney fees. The city is suggesting a purchase price of $3,000 to the golf club board.

The complete meeting minutes follow.

 

ELLIS CITY COUNCIL REGULAR MEETING Minutes February 5, 2018

CALL TO ORDER

Mayor David McDaniel called the meeting to order at 7:30 p.m. Present were Council members Bret Andries, Holly Aschenbrenner, Susan Eaton, Jolene Niernberger, Dena Patee, and Bob Redger.  Also present were Public Works Director Alan Scheuerman, City Clerk Amy Burton, Police Chief Taft Yates, and City Attorney Olavee Raub.

PLEDGE OF ALLEGIANCE

AMENDMENTS TO AGENDA

None

PUBLIC PRESENT

Glen Keller, John Walz, John Leiker, Barbara Perkins, and Gary Luea.

CONSENT AGENDA

Council member Jolene Niernberger moved to approve the consent agenda containing the Minutes from the Regular Meeting on January 15, 2018 and Bills Ordinance #2038.  Council member Bob Redger seconded the motion. The Council approved the consent agenda 6-0.

PUBLIC COMMENTS

None

PRESENTATIONS OF AWARDS, PROCLAMATIONS, REQUESTS & PETITIONS (HEARINGS)

None

SPECIAL ORDER

None

UNFINISHED BUSINESS

Water Exploration: Special Project

Executive Session

Mayor David McDaniel asked for a motion to recess into executive session at the request of the Water Advisory Committee.  Council member Bob Redger moved for City Council to recess into executive session for 15 minutes to discuss land acquisition related to the water exploration project pursuant to the acquisition of real property exception, K.S.A. 75-4319 (b)(6) with City Attorney Olavee Raub and Water Advisory Committee members John Leiker, John Walz, Alan Scheuerman, and Gary Luea present.  The open meeting will resume at 7:48 p.m.  Council member Dena Patee seconded the motion.  The motion carried 6-0.  No action was taken in executive session.

Post Executive Session

Council member Bob Redger moved to proceed with the acquisition of property for the water exploration project and to direct City Attorney Olavee Raub to meet with the Water Advisory Committee to draft the real estate contracts.  Council member Jolene Niernberger seconded the motion.  The motion carried 6-0.

NEW BUSINESS

General Government: Financial

City Clerk Amy Burton presented the updated fee schedule to reflect the increase in sanitation special pickup fees due to Ellis County increasing their landfill disposal fees on February 1st.  Council member Dena Patee moved and Council member Holly Aschenbrenner seconded a motion to approve Resolution No. 545 adopting the Fee Information Listing.  The motion carried 6-0.

General Government: Financial

Council member Dena Patee moved to approve Resolution No. 546 authorizing employees and City officials to use the City’s credit card.  Council member Holly Aschenbrenner seconded the motion.  The motion carried 6-0.

Special Highway: Acquisition

Council member Jolene Niernberger moved to approve the purchase of 50 – 3 lb. 10 ft. channel posts from Road Side Supplies in the amount of $1,883.00 with funds to come from the Special Highway Fund.  Council member Bob Redger seconded the motion.  The motion carried 6-0.

General Government: Special Project

Council discussed hosting a City block party this summer to bring the community together to enjoy food and activities.  Council member Holly Aschenbrenner will chair the event and will contact the City Departments and outside groups, such as the Ellis Recreation Commission, to help plan activities and games.  Council discussed holding the event over the 4th of July holiday or in June to fill the absence of Riverfest.

General Government: Contract

City Attorney Olavee Raub recently met with Donnie Younger, representative for the Ellis Golf Club Board, regarding the possible purchase of 1.67 acres of land at the golf course.  The land would include the parking lot and areas around the club house where the cart sheds are located.  The Ellis Golf Club Board has offered the City $750.00 for the purchase of the land.  Council felt the offer was unreasonable in that the City has already incurred approximately $2,000 in survey costs and attorney fees.  After further discussion, Council member Bob Redger moved and Council member Holly Aschenbrenner seconded a motion to direct Ms. Raub to present a counteroffer of $3,000.00 to the Ellis Golf Club Board for the purchase of 1.67 acres of land, and for the offer to remain open for 30 days.  The motion carried 6-0.

REPORTS FROM CITY OFFICIALS

Public Works

Personnel: Entry

Public Works Director Alan Scheuerman announced that Sanitation Department employee Dominique Davis has resigned and Jason Armstrong has been hired for the vacancy.

Public Works: Training

Council member Jolene Niernberger moved and Council member Holly Aschenbrenner seconded a motion to approve Public Works Director Alan Scheuerman and staff to attend the Kansas Rural Water Association training in Wichita, Dig Safe training in Hays, and Floodplain training in Salina or Abilene.  The motion carried 6-0.

Police

Police Chief Taft Yates presented the Monthly Activity Report for January and the February Staff Calendar.  The new Ford Explorer is now in service and the new radios are currently being programmed by Motorola.

City Clerk

City Clerk Amy Burton reminded the Governing Body of the annual Rabies Clinic on February 10th from 12:30 p.m. to 2:00 p.m.  The City was not selected for 2018 Community Development Block Grant funding through the Kansas Department of Commerce.  The City plans to reapply for grant funding in September 2018.  Ms. Burton also presented the 2017 City Car Summary and the draft minutes from the City’s Tourism and Water Advisory Committee meetings.  Ms. Burton met with the City’s health insurance provider to discuss the semi-annual review of the City’s plan.  Actual premium costs are slightly below the figures estimated in July.

General Government: Zoning

The Board of Zoning Appeals will hold a Public Hearing on February 26th to discuss an application to build an accessory building within the required setback limits.

Attorney

City Attorney Olavee Raub reported the 45-day extension for the property at 211 E. 11th Street will expire February 16th, and the 30-day time limit for the property owners to remove the properties at 1309 Fauteux and 208 W. 12th Street will expire February 14th.  All three properties will be discussed at the February 19th Council meeting.

Executive Session

Mayor David McDaniel asked for a motion to recess into executive session at the request of City Attorney Olavee Raub.  Council member Dena Patee moved for City Council to recess into executive session for 10 minutes to discuss a potential claim against the City pursuant to the attorney client privilege exception, K.S.A. 75-4319 (b)(2) with City Attorney Olavee Raub present.  The open meeting will resume at 8:39 p.m.  Council member Holly Aschenbrenner seconded the motion.  The motion carried 6-0.  No action was taken in executive session.

Mayor Update and Announcements

Mayor David McDaniel presented a sample Economic Development Policy for discussion.  Council requested City Clerk Amy Burton email the document to the Governing Body in order to have more time to review before the next council meeting.

On January 24th, Mayor David McDaniel and Council member Jolene Niernberger attended the League of Kansas Municipalities Local Government Day and met with area legislators.  Mayor McDaniel discussed Senate Bill 307, the Amusement Ride Act, and how it could affect the miniature train at the Railroad Museum.

On February 23rd, Farm Bureau will host a legislative session in Ellis.

Council member Dena Patee had a local business owner express concerns that City Departments may not be shopping local first.

Council member Bob Redger and Water Advisory Committee Chair Gary Luea will set up a meeting with City Attorney Olavee Raub to draft the real estate contracts for the Water Exploration Project.

Council member Holly Aschenbrenner inquired about Midwest Energy replacing six of the City’s street light bulbs with LED lights, and what the cost difference will be to the City.

ADJOURNMENT

Council member Dena Patee moved and Council member Holly Aschenbrenner seconded a motion to adjourn the meeting.  The motion carried 6-0.  The meeting adjourned at 8:53 p.m.

YMCA responds after employee accused of raping 4-year old Kan. girl

Gaston-photo Sedgwick Co.

WICHITA, Kan. (AP) — The Greater Wichita YMCA will begin daily sex offender registry checks after an employee was charged with raping a 4-year-old girl.

Caleb Gaston, 21, is charged with raping the child Jan. 29 at the Downtown Y. Gaston, who worked for the YMCA since 2013, bonded out of jail Tuesday.

YMCA president and CEO Ronn McMahon said Tuesday the new procedure will notify officials every day if any staff, member, guest or participant is on the sex offender registry.

Gaston was fired from a church preschool last year after a complaint about inappropriate touching. The Kansas Department of Health and Environment concluded the allegation was not substantiated.

McMahon said Gaston underwent a background check but child abuse registries don’t indicate a problem unless formal charges are filed.

HHS teacher discusses ‘raw water nonsense’

Several companies are selling “raw water” including Live Water on the west coast and Tourmaline Spring in Maine.

By MADISON WEBER
HHS Guidon

There is a new water being consumed called “raw water.” Raw water is natural water found in the environment and has not been treated.

Instructor Kelsie Davis was shocked after finding an article over it.

“I was scrolling through some science news and I came across an article about this raw water nonsense,” Davis said. “I decided to take interest in the article because they stated that the water was living which it’s not.”

Davis decided to inform her Environmental Science class with the raw water news.

“I think it is crucial to address misleading and incorrect information that could potentially be harmful to people,” Davis said. “I also love addressing misconceptions in my science class.”

Drinking raw water can produce a number of medical issues. According to Business Insider, consuming raw water can lead to infections such as cholera, Hepatitis A and E. coli.

“Drinking unfiltered water from any natural source could carry a wide variety of diseases,” Davis said.

This new product is flying off the shelves in San Francisco. Along with this natural water comes a price. According to New York Times, Rainbow Grocery was selling a 2.5-gallon jug of the new product for $37.

“I really hope this fad does not spread further than the Bay Area,” Davis said.

Davis has high hopes of raw water not becoming a bigger thing than it already is.

“It has already received a lot of criticism from food safety experts and scientists,” Davis said. “Plus, the more people are aware of the dangers and how to identify pseudoscience apart from actual science, I think the issue will resolve itself.”

Many companies that have started with the production of raw water have influenced many to believe that pasteurized water is unhealthy because of the chemicals put into it. They then lead these people to believe that drinking “natural” water that hasn’t been treated is actually safer.

People have also started to consume raw water because they like the thought of drinking natural water more than treated water.

“I think it’s great that people want to get more in touch with nature and be more natural but there are smarter ways to do it,” Davis said.

According to the CDC, the filtration of water can’t be dated back to a specific date because it has been around for a while. But it has been named one of 10 great public health achievements of the 20th century.

“Having a safe and clean supply prevents many diseases and bacteria,” Davis said. “We have the technology to do so, so I don’t understand why we wouldn’t want to make use of those resources.”

2 pediatric flu deaths reported at Kansas hospital

CDC Flu map-click to enlarge

WICHITA, Kan. (AP) — A Kansas hospital says two children have died from the flu there.

Wesley Healthcare spokeswoman Susan Burchill could provide no details about the pediatric flu deaths because of privacy laws. The hospital defines pediatric as newborns through 18-year-old. The city’s other hospital, Via Christi, doesn’t release information about pediatric flu deaths.

The federal Centers for Disease Control and Prevention says a rapid increase in flu-related illnesses after the winter holiday season has been seen among all ages but was higher in children.

The Kansas Department of Health and Environment says influenza has been the direct cause of death in 68 people and a contributing cause of death in 32 people.

Kansas man hospitalized after semi rolls on I-70

Wednesday morning semi crash on Interstate 70-photo courtesy KWCH

ELLIS COUNTY — A Kansas man was injured in an accident just after 6a.m. Wednesday in Ellis County.

The Kansas Highway Patrol reported a 2006 International Semi driven by Marvin E. Shiever, 76,  Winfield, was westbound on Interstate 70 just west of Walker Avenue.

The vehicle entered the median. The driver overcorrected and crossed over the westbound lanes and struck guard rail and rolled onto its side.

Shiever was transported to the hospital in Hays. He was properly restrained at the time of the accident, according to the KHP.

Young Farmers & Ranchers prep for their future

MANHATTAN — Farmers and ranchers from across Kansas gathered in Manhattan Jan. 26 to 28 for the annual Young Farmers and Ranchers leaders conference. Nearly 550 people attended the three-day Kansas Farm Bureau conference designed to build relationships and provide information and tools to help young producers weather the challenges of difficult years in agriculture.

The conference provided young ag producers and college students between the ages of 18-35 with agricultural education, motivational speakers and opportunities to connect with industry resources and network with peers.

Representatives from The Van Trump Report, and Kelly Barnes, an entrepreneur and inspirational speaker, gave keynote addresses. The attendees heard from Senator Jerry Moran; AFBF President, Zippy Duvall; former AFBF YF&R Chair, Kalena Bruce; KFB President Rich Felts; and received a policy update from KFB’s Ryan Flickner. Scholarship winners from the Kansas Farm Bureau Foundation for Agriculture were recognized.

State committee members from each of the 10 Kansas Farm Bureau districts planned and hosted the Ad Astra Per Aspera themed conference including workshops, speakers, tours and competitions. The YF&R state committee played an integral part in making this year’s conference a success.

Pottawatomie County farmer John White serves on the YF&R committee and says the conference was full of presenters who were insightful and provided a wealth of knowledge to a group of young agriculture producers.

“The conference provides an opportunity to network with like-minded individuals facing the same issues,” White says. “Young agriculturists can bounce ideas off each other and hear about what works on some operations and maybe some ideas that were epic fails.

“At the very least, it puts you in a room with 500 other producers who are going through some of the same issues you are, and it reminds you, you are not alone.”

Winners of the conference competitions included:

  • Ag Quiz Bowl – Kansas State University
  • Collegiate Discussion Meet – Jacob Brubaker, Fort Hays State University
  • Excellence in Agriculture – Matt and Mindy Young, Atchison County
  • YF&R Discussion Meet – Jackie Mundt, Pratt County
  • YF&R of the Year – Mike and Sara Rosebrook, Lincoln County

Young farmers and ranchers from 82 counties participated in this year’s event.

HPD Activity Log Feb. 6

kbyw-november16

The Hays Police Department responded to 7 animal calls and conducted 10 traffic stops Tue., Feb. 6, 2018, according to the HPD Activity Log.

Lost Animals ONLY–2500 block Virginia Dr, Hays; 7:25 AM
Drug Offenses–500 block E 6th St, Hays; 12/12/17 7:45 PM; 12/14/17 8:45 PM
Lost Animals ONLY–1300 block E 30th St, Hays; 8:59 AM
MV Accident-Private Property–41st St and Thunderbird Dr, Hays; 9:15 AM
MV Accident-City Street/Alley–400 block W 10th St, Hays; 9:32 AM
Abandoned Vehicle–1300 block Steven Dr, Hays; 11:06 AM
Abandoned Vehicle–600 block E 15th St, Hays; 1:01 PM
MV Accident-City Street/Alley–500 block Walnut St, Hays; 1:01 PM
Lost Animals ONLY–400 block W 13th St, Hays; 1:18 PM
Suicidal Subject–2300 block E 13th St, Hays; 1:27 PM
Abandoned Vehicle–600 block E 15th St, Hays; 1:37 PM
Dead Animal Call–2400 block Main St, Hays; 4:25 PM
Lost Animals ONLY–2500 block E 21st St, Hays; 7:13 PM
Found/Lost Property–100 block W 12th, Hays; 7:45 PM
Suspicious Activity–3600 block Vine St, Hays; 7:52 PM
Suspicious Activity–700 block Vine St, Hays; 8:01 PM
Suspicious Activity–300 block W 8th St, Hays; 8:14 PM
Suspicious Person–4300 block Vine St, Hays; 9:46 PM

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